20034_Metrolina Expo_BPA_20160429

Via Standard FedEx
April 29, 2016
NC Division of Waste Management
Brownfields Program
1646 Mail Service Center
Raleigh, NC 27699-1646
Attention: Ms. Shirley Liggins
Re: Brownfields Property Application
Metrolina Expo
7000, 7100, and 7320 Statesville Road
Charlotte, North Carolina
H&H Job No. BCP-073
Dear Shirley:
hart ,,._..,. hickman
SMARTER ENVIRONMENTAL SOLUTIONS
On behalf of BIN MetroJina LLC, please find the original signed and notarized copy of the
Brownfields Property Application for the above referenced site located in Charlotte, North
Carolina. In addition, enclosed please find the signed Redevelopment Now Fee Consent Form
and Redevelopment Now fee in the amount of $30,000. Electronic copies of the application,
attachments, and previous reports were provided in an email dated April 29, 2016.
If you have any questions, please feel free to contact me.
Sincerely,
Hart & Hickman, PC
&ctJ
Steve C. Hart, PG
Principal
SCH/bb
Enclosure
cc: Jon L. Morris, Beacon, via email
Matt Lucarelli, Beacon, via email
2923 South Tryon Street, Suite 100
Charlotte, NC 28203
704.586.0007 main
3334 Hillsborough Street
Raleigh, NC 27607
919.847.4241 main
www.harthlckman.com
North Carolina Brownfields Program
Redevelopment Now Option Pilot
Fee Consent Document
l, the undersigned, am the authorized agent of BIN-Metrolina, LLC ("Prospective
Developer"), who the North Caro lina Brownfields Program ("Program") has determined to be
eligible to seek to engage in the brown fields process regarding a property and project that the
Program has also determined to be eli gible. See N.C.G.S. 130A-3 l 0.30, et seq. The property is
known as the Metrolina Expo site and is located at
7000, 7100, and 7320 Statesyjl)e Rd , Mecklenburg County, North
Carolina. Prospective Developer is herewith paying a $30,000.00 fee to the Program, by check
payable to "DENR," in satisfaction of a Prospective Developer's obligations under N.C.G.S.
l 30A-3 l 0.39(a). Prospective Developer understands that payment of this fee entitl es
Prospective Developer to expedited Program review of technical documents and processing of a
draft Brownfields Agreement and ancillary documents regarding the project in question.
Prospective Developer further understands that payment of thi s fee in no way guarantees
successful complet ion of the brownfields process regarding the project.
I understand that, pursuant to payment of the fees, the Program shall handle the subject project
under the Program's expedited processing provisions, with appropriate staff resources, so long as
Prospective Developer is engaging in the process in good faith and complying with the
Program's procedures.
Should the Program determine that the resources required to complete the brownfields process in
regard to the subject project ever exceed the fee set forth herein due to unforeseen technical,
administrative, or regulatory complexities, the Program may (1) remove th e project from the
expedited process ing program and return it to standard process ing status, or (2) expend resources
it deems reasonable seeking to negotiate an additional fee that the Program deems sufficient to
complete the brownfields process in regard to the project.
Disclaimers:
1) The Program makes no promises or claims that payment of the subject fee will result in successful
completion of the Brownfields process regarding this project.
2) Public comment shall be solicited pursuant to N.C.G.S. I 30A-3 I 0.34, and may affect the outcome of the
brown fields process regarding this project, including without limitation its ti ming and/or
provisions/features of the Brown fields documents and plat.
Prospective Developer:
Mailing Address:
BIN-Metrolina LLC 1 ~if "i2xA-c.o~.)
610 E. Morehead St., Ste. 250
Charlotte, NC 28202
~N L. M oRRLS
µA,N.toS?._
Brownfields Property Application
North Carolina Brownfields Program
www.ncbrownfields.org
I. PROSPECTIVE DEVELOPER (PD) INFORMATION
A. PD information:
Entity name BIN -Metrolina LLC
Principal Officer Jon L. Morris
Representative Jon L. Morris
Mailing Address 610 East Morehead Street
Suite 250
Charlotte, NC 28202
E-mail address [e-mail]
Phone No.
Fax No.
Web site
[phone]
[phone]
www.beacondevelopment.com
B. PD contact person information (i.e .• individual who will serve as the NCBP's point of
contact if different than above):
Name Jon L. Morris
Company same as above
Mailing Address
E-Mail Address
Phone No.
Fax No.
C. Information regarding all parent companies, subsidiaries or other affiliates of PD (attach
separate sheet(s) if necessary);
(Use for LLCs)
Member-Managed or Manager-Managed? Answer: Manager-managed
1
If manager-managed, provide name of manager and percent of ownership:
Name Beacon Industrial LLC
Ownership(%) 100%
Mailing Address
E-Mail Address
Phone No.
Fax No.
610 East Morehead Street
Suite 250
Charlotte, NC 28202
[e-mail]
[phone]
[phone]
For all LLCs, list all members of the LLC and provide their percent of ownership:
Name
Ownership(%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Name
Ownership(%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Name
2
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Managers of manager-managed LLCs are required to execute all brownfield documents for
the LLC; as to member-managed LLCs, state name of member who will sign these
documents.
List all parent companies, subsidiaries and other affiliates:
BIN -Metrolina LLC is an affiliate of Beacon Development Company, which has numerous
other affiliated single-purpose entities created for real estate development purposes. A full
listing of all such entities can be created if necessary, but is not currently available.
(Use for Partnerships)
Check one:DGeneral Partnership D limited Partnership
List all partners and percent of ownership:
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Is this person a general or limited partner?
Name
Ownership(%)
Mailing Address
3
E-Mail Address
Phone No.
Fax No.
Is this person a general or limited partner?
List all parent companies, subsidiaries and other affiliates:
(Use for corporations other than LLCs)
(ff information is the same as shown in 1.A 1 please indicate "same as 1.A." below.)
Name
Mailing Address
E~Mail Address
Phone No.
Fax No.
List all parent companies, subsidiaries and other affiliates:
(Use for individuals)
(If individual is the same as shown in 1.A., -please indicate "same as 1.A " above.)
Name
4
Mailing Address
E-Mail Address
Phone No.
Fax No.
D. Does PD have or can it obtain the financial means to fully implement a brownfields
agreement and assure the safe reuse of the property? (Attach supporting documentation such
as letters of credit, financial statements, etc.)
Answer: YES
Explanation: BIN -Metrolina LLC (hereinafter the "PD") is an affiliate of Beacon
Development. Beacon Developmenmt is an experienced real estate developer. Beacon
Development has been profitable every year for the two decades of its existance. Beacon
Development is financially sound and is capitalized to complete the redevelopment of this
property.
The PD is applying for the Brownfields Agreement as part of its due diligence for the
purchase of this property. The PD is confident that its application for (and eventual
execution of) a Brownfields Agreement will faciliatate the financing of the property. The
financing of the property will provide the financial means to implement the Brownfields
Agreement.
E. Does PD have or can it obtain the managerial means to fully implement a brownfields
agreement and assure the safe use of the property?
Answer: YES
Explanation : Beacon Development has extensive experience managing real estate
projects including Brownfields sites. Beacon affiliate Beacon #22 LLC previously
completed the Brownfields process for the former Wix facility in Gastonia (Brownfields
Brownfields Project 12013-08-36), Beacon affiliate Beacon #32 LLC previously completed
the Brownfields process for the former NAO Labs Site in Charlotte (Brownfields Project
17009-13-060), and Beacon affiliate David Cox Land LLC previou!sy completed the
Brownfields process for the Loftis/Blythe Construction Site in Charlotte (Brownfields
Project 16055-12-060). In addition, the PD has obtained eligibility for the HD Supply Site
in Charlotte (Brownfields Project In addition, the PD has retained professionals, who are
experienced in brownfields redevelopment and the implementation of brownfields
requirements in particular. These professionals (i) have significant experience with the
Brownfields Program and the redevelopment of challenged properties, and (ii) are aware of
the work and restrictions that are typically included in brownfields agreements to assure
the safe use of property. The combination of these resources will ensure successful
implementation of a brownfields agreement and safe use of the property.
5
F. Does PD have or can it obtain the technical means to fully implement a brownfields
agreement and assure the safe use of the property?
Answer: YES
Explanation: Please see our responses to Questions I.D and I.E, above. The PD has the
technical ability to fully implement a brownfields agreement and to assure the safe use of
the property. It has a range of engineering and environmental experience available to it.
In particular, the PD has hired Hart & Hickman, PC to assist with the technical aspects of
both this application and the implementation of an eventual brownfields agreement
(including technical "work to be performed''). Hart & Hickman has extensive experience
with Brownfields projects in North Carolina and is thoroughly familiar with the technical
aspects and requirements of the brownfields program.
G. Does PD commit that it will comply (and has complied, if PD has had a prior project in the
NCBP) with all applicable procedural requirements of the NCBP, including prompt payment of
all statutorily required fees?
Answer: YES
(List all NCBP project name(s) and NCBP project ID numbers where PD or any parent
company, subsidiary and other affiliate of PD has been a party to.)
Wix Facility, Gastonia (Brownfields Brownfields Project 12013-08-36) ( completed)
Loftis/Blythe Construction, Charlotte (Brownfields Project 16055-12-060) (completed)
NAD Labs, Charlotte (Brownfields Project 17009-13-060) ( completed)
HD Supply, Charlotte (Brownfields Project 19054-15-60) (in progress)
H. Does PD currently own the property?
Answer: NO
If yes, when did PD purchase the property and from whom? (Provide name. address,
telephone number and email address of the contact person for the current property owner.)
If no, provide the name, address. telephone number and e-mail address of the contact
person for the current property owner
7000 Statesville Road (Parcel ID# 03720341)
Mr. & Mrs. Robert E. Dancy,
Mr. & Mrs. Bobby Ray Hogan, and
Mr. & Mrs. Robert E. Kunkleman
P.O. Box 10
Cornelius, North Carolina 28031
6
Statesville Road (physical address not assigned) (Parcel ID# 0372043)
Metrolina Mini Storage, LLC
P.O. Box 26668
Charlotte, North Carolina 28221
7100 Statesville Road (Parcel ID# 03720317)
GAH International, LTD
7100 Statesville Road
Charlotte, North Carolina 28269
7320 Statesville Road (Parcel 10#
Bonded Distribution, Inc.
P.O . Box 26704
Charlotte, North Carolina 28221
I. If PD does not currently own the property, does PO have the property under contract to
purchase?
Answer: YES
If yes, provide date of contract(s): October 22, 2015
If no, when does the PD intend to purchase the property (e.g., after the project is
determined to be eligible for participation in the NCBP. after PD receives a draft BFA, after
the conclusion of the brownfields process)? Note: the Act requires the PD to demonstrate
that it intends to either buy or sell the property.
After receipt of the Brownfields eligibility determination and further evaluation of potential
site risks.
J. Describe all activities that have taken place on the property since PD or PD's parents,
subsidiaries and/or other affiliates, and/or lessees or sublessees of PD, took ownership of or
operated at the property (e.g., industrial, manufacturing or commercial activities, etc.). (Include
a list of all regulated substances as defined at NCGS § 130A-310.31(b)(11) that have been
used, stored on, or otherwise present at the property while those activities were conducted,
and explain how they were used.)
NIA
II. SITE INFORMATION
A. Information regarding the proposed brownfields property:
Proposed project name: Metrolina Park
Acreage: 105.48
street address(es): 7000 (northern of parcel portion only). 7100, and 7320 Statesville
Road, Charlotte NC
7
tax ID(s) or PIN(s): 7000 Statesville Road (northern portion only) (-0.90 acres): 03720341
Statesville Road (address not assigned) (1 .97 acres): 03720343
7100 Statesville Road (93.7 acres): 03720317
7320 Statesville Road (8.91 acres): 03720319
past use(s): Brockenbrough Airport, Debruhl Environmental Excavating land farm for
petroleum impacted soils, moto-cross, and vacant undeveloped
current use(s): Metrolina Mini-Storage, Metrolina Expo and Fairground, and Bonded
Logistics (distribution warehouse), vacant undeveloped, and parking lots
cause(s)/source(s) of contamination:
known: former land farming operations on-Site, and former petroleum UST on-Site
suspected:
B. Regulatory Agency Involvement: List the site names and all identifying numbers (ID No.)
previously or currently assigned by any federal, state or local environmental regulatory
agencies for the property. The ID No's may include CERCLIS numbers, RCRA generator
numbers for past and present operations, UST database. Division of Water Quality's incident
management database, and/or Inactive Hazardous Sites Branch inventory numbers. (In many
instances, the PD will need to actively seek out this in formation by reading environmental site
assessment reports, reviewing government files, contacting government officials, and through
the use of government databases, many of which may be available over the internet.)
Agency Name/ID No: Metrolina Expo -LUST Incident No. 13890 (August 1994)
Agency Name/ID No: DeBruhl Excavating -Soil Landfarming Permit No. SR0300023
Agency Name/ID No: NPDES Permit -NC0050571
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
C. In what way(s) is the property is abandoned, idled, or underused?
The property is located in a growing commercial and industrial area of Charlotte on Statesville
Road. Despite the property's prime location close to 1-77 and in an area of commercial and
industrial growth , the property currently is predominantly undeveloped or used for weekend
exposition events such as fie~ markets and trade shows. Therefore, the property is
significantly underused.
D. In what way(s) is the actual or possible contamination at the property a hindrance to
development or redevelopment of the property (attach any supporting documentation such as
letters from lending institutions)?
8
Before the PD acquires the property and incurs the costs associated with the redevelopment of
the property, it needs to ensure that the property can safely be used through the Brownfields
Program, and that it and future owners and occupants will have the protections and benefits
afforded by a Brownfields agreement. Further, the availability of financing for the acquisition
and/or redevelopment of the property may depend on the property's entry into the Brownfields
Program. Thus, given the current condition of the property, a Brownfields protection is critical
for the safe redevelopment of the property.
E. In what way(s) is the redevelopment of the property difficult or impossible without a
brownfields agreement (attach any supporting documentation such as letters form lending
institutions)?
Please see the response to Question 11.D above. Given the impacts to soil from historical soil
landfarming operations and an underground storage tank, the PD believes that a Brownfields
agreement will be essential for the viable and safe use of the property. Indeed, the PD will not
proceed with its redevelopment of the property unless the property is entered into the
Brownfields Program.
F. What are the planned use(s) of the redeveloped brownfields property to which the PD will
commit? Be as specific as specific as possible.
commercial businesses, distribution centers, and industrial facilities
G. Current tax value of brownfields property:
Parcel 03720341 (only 0.90 acre portion of property):
Parcel 03720343 (1 .97 acres}: $858, 100
Parcel 03720317 (93.7 acres}: $8,364,900
Parcel 03720319 (8.91 acres): $6,010400
H. Estimated capital investment in redevelopment project:
$35-50 million
I. List and describe the public benefits that will result from the property's redevelopment. Be
as specific as possible.
1. Creation of additional jobs during construction and redevelopment of the site, as
well as permanent commercial and industrial jobs.
2. Spur to additional community investment and development in the area resulting
in further tax base and employment opportunities.
3. Positive impacts on the surrounding business community.
4. Tax base improvement with regard to real property and business activity in the
surrounding area, including both increased property tax bases and taxes
associated with increased economic activity.
5. Beneficial use of the property and creation of density in a rapidly-densifying area,
thereby avoiding the use of "green space" in other areas of the community.
6. Aesthetic enhancements.
9
The inclusion of such support letters with this application is recommended and encouraged.)
Special Note: Please describe all environment-friendly technologies and designs PD plans
to utilize in its redevelopment strategy. For example, environment friendly redevelopment
plans could include: Leadership in Energy and Environmental Design (LEED) Certification,
green building materials; green landscaping techniques such as using drought resistant
plants; energy efficient designs, materials, appliances, machinery, etc.; renewable sources
of energy, and/or recycling/reuse of old building materials such as brick or wood.
The PD will consider use of environmentally friendly technologies during design of the new
site buildings.
J. Who will own the brownfields property when the Notice of Brownfields Property is filed with
the register of deeds at the conclusion of the brownfields process? (If information is the same
as 1.A. above, please indicate.)
Name Same as Item I .A.
Mailing Address
E-Mail Address
Phone No.
Fax No.
Ill. OTHER REQUIRED INFORMATION
A Brownfields Affidavit: PD must provide its certification, in the form of a signed and
notarized original of the unmodified model brownfields affidavit provided by NCBP, that it did
not cause or contribute to contamination at the property and that it meets all other statutory
eligibility requirements. (Note: The form to use for this affidavit is attached to this application.
It must be filled out signed notarized, and submitted with this application.) Is the required
affidavit. as described above. included with this application?
Answer: YES
B. Proposed Brownfields Agreement Form: PD must provide the completed form Proposed
Brownfields Agreement. (Note: The form to use for this document is attached to this
application. It must be filled out, initialed, and attached on your submittal.)
Is the required Proposed Brownfields Agreement. as described above, included with this
application?
Answer: YES
C . Location Map: PD must provide a copy of the relevant portion of the 1 :24,000 scale
U.S.G.S. topographic quadrangle map that shows the property clearly plotted, and that
measures at least an 8 Y2 by 11 inches. (Note: these maps can be purchased through the
above link, or often through retail outdoor recreation stores that can print out the relevant map.
10
Often environmental reports have location maps that use this type of map as the base for its
location map.)
Is the required location map included with this application?
Answer: YES
D. Survey Plat: PD must provide a preliminary survey plat of the brownfields property with
the property boundaries clearly identified, and a metes and bounds legal description that
matches the property description on the plat. At this stage of the brownfields process; one or
more existing survey plats from a previous property conveyance will suffice.
(Before the brownfields project enters the public comment phase of the brownfields process,
the PD will be required to submit a final brownfields survey plat which includes the information
listed in the brownfields survey plat guidance.)
Is the required preliminary survey plat included with this application?
Answer: YES
E. Site Photographs: PD must provide at least one pre-redevelopment photograph of the
property, in either hard copy or electronic format that shows existing facilities and structures.
Please note that the NCBP prefers to have electronic photos instead of or in addition to
hard copies. Electronic copies of photographs should be emailed to
[e-mail] with a clear indication a.s to which Brownfields Application
they apply.
Are photographs of the property included with this application?
Answer: YES
Have electronic copies of the photographs been emailed to NCBP?
Answer: YES
F. Environmental Reports/Data: If it makes an affirmative eligibility determination, the NCBP
will request that PD provide any and all existing environmental reports and data for the
property. However, the brownfields process may be expedited if PD submits such reports/data
with this application.
Are any environmental reports/data being submitted with this application?
Answer: YES
11
If environmental reports/data are being submitted with this application. please provide the title.
date and author of each item being submitted:
1. Phase I and II Environmental Site Assessment Report, Metrolina Expo, 7100 Statesville
Rd ., Charlotte, NC, Hart & Hickman, February 1, 2016
Copies of the following reports are included in Appendix D of the above referenced
report:
• Phase I and II Environmental Site Assessment Report, Metrolina Fairgrounds
Property, 7100 Statesville Rd . Turner, Hart & Hickman, November 13, 2000
• Report of Environmental Site Assessment for the Old Metrolina Speedway, 40± Acre
Tract, Charlotte, NC, Unifour Engineering and Testing Laboratories, July 6, 2009
IV. ADDITIONAL REQUIRED FORMS
The following forms are to be filled out and submitted with the application including the
Responsibility and Compliance Affidavit and the Proposed Brownfields Agreement.
Submittal of the Affidavit requires signature and notarization, and the Proposed
Brownfields Application requires an initial.
12
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
NORTH CAROLINA BROWN FIELDS PROGRAM
IN THE MATTER OF: BIN -Metrolina LLC
UNDER THE AUTHORITY OF
NORTH CAROLINA GENERAL
STATUTES O 130A-310.30, et. seq.
)
)
)
.Jon L. Morris, being duly sworn, hereby deposes and says:
AFFIDAVIT
RE: RESPONSIBILITY
AND COMPLIANCE
l. 1 am a manager of Beacon Industrial Holdings LLC, which is manager of BlN -Metrolina LLC
2. I am fully authorized to make the declarations contained herein and to legally bind BIN -Metrolina
LLC
3. BIN -Metrolina LLC is applying for a Brownfields Agreement with the North Carolina Department of
Environment and Natural Resources, pursuant to N.C.G.S. 130A, Article 9, Part 5 (Brownfields Act), in
relation to the following parcels: 7000, 7100, and 7320 Statesville Road, Charlotte, NC, Mecklenburg
County parcel IDs #03720341 , 03720343, 03720317, and 03720319.
4. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that BIN -
Metrolina LLC, and any parent, subsidiary or other affiliate meets the eligibility requirements of
N.C.G.S. 130A-310.3 l(b)(10), in that it has a bona.fide, demonstrable desire to develop or redevelop,
and did not cause or contribute to the contamination at, the parcel(s) cited in the preceding paragraph.
5. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that BIN -
Metrolina LLC meets the eligibility requirement ofN.C.G.S. 130A-310.32(a)(I) in that it and any parent,
subsidiary or other affiliate have substantially complied with:
a. the terms of any brownfields or similar agreement to which it or any parent, subsidiary or
other affiliate has been a party;
b. the requirements applicable to any remediation in which it or any parent, subsidiary or other
affiliate has previously engaged;
c. federal and state laws, regulations and rules for the protection of the environment.
\ otary Public
-My commission expires: ...::........::....L.....l.=-:--'-'-~---'--'-+-'--
(SEAL)
13
Preliminary Proposed Brownfields Agreement
l. Property Facts
a. Property Address( es): 7000, 7 100, and 7320 Statesville Road, Charlotte, NC
b. Property Seller(s):
7000 Statesville Road (Parcel ID# 03720341)
Mr. & Mrs. Robert E. Dancy,
Mr. & Mrs. Bobby Ray Hogan, and
Mr. & Mrs. Robert E. Kunkleman
Statesville Road {physical address not assigned) (Parcel ID# 0372043)
Metrolina Mini Storage, LLC
7100 Statesville Road (Parcel ID# 03720317)
GAH International, LTD
7320 Statesville Road (Parcel ID#
Bonded Distribution, Inc.
c. Property Buyer: BfN -Metrolina LLC
d. Brief Property Usage History:
The site was primarily undeveloped with a possible residence in the earliest historical resource
reviewed, a 1938 aerial photograph. The southern portion of the Site was initially developed as
an airstrip in the 1940's that operated until the J 980s. The buildings associated with the airstrip
were removed in the 1990s. The central portion of the Site has operated as the Metro I ina Expo
and Fafrground (Metrolina Expo) from the 1970s until present. Metrolina Expo is a venue for
various large public events such as antique shows, concerts, and retail sales events. The norther9
portion of the site was used for land fanning operation for petroleum impacted soils from the
early 1990s until the early 2000s and also for moto-cross racing in the mid to late 2000s. The
northwest portion of the site was undeveloped wooded land until constmction of a commercial
distribution warehouse in the l 990s. Remaining portions of the site have remained undeveloped
land or have been developed for oarking lots.
e. The planned reuse will potentially involve the following use classification(s) (check all that apply):
School/childcare/senior care
Residential (multi-family)
X Commercial, retail (specify)--------------------
X Other commercial (specify) ---------------------
X Office
X Light industrial
X Heavy industrial
Recreational
Open space
Other (specify)
14
II. Contaminant Information
a. The contaminant situation at the property is best described by the fo llowing (check all that apply):
X Contaminants are from an on-property source(s)
Contaminants are from an off-property source (suspected)
Contaminants are from an unknown source(s)
Contaminants have not yet been documented on the property
15
b. Contaminated Media Table. (If known, check appropriate boxes below)
Contaminant Soil Groundwater Private Wells Vapor Intrusion
Types and/or Surface
Water
Known Suspected Known Suspected Known Suspected Known Suspected
0 Chlorinated D D D D D D D D r Solvents
g (list): PCE
a
n
c
s
Petroleum: x D D D D D D D
ASTsD
USTsX
Other X
Other (list): D D D D 0 D D D
Metals D D D D D D
n (list):
0
r
g
a
Other (list): D D D D D D c
s
III. Protective Measures
I am prepared to take steps necessary to make the property suitable for its planned uses while fully protecting
public health and the envirorunent. I propose that NCBP consider a brO\ivnfields agreement that will make the
property suitable for the planned use(s) through the following mechanism(s) (check aJl that apply):
Contaminant remediation to risk-based levels.
X Engineered Controls (e.g., low permeability caps, vapor mitigation systems, etc)
X Land use restrictions that run with the land that will restrict or prohibit uses that are unacceptable from a
risk assessment/management perspective. (Important Note: In any final brownfields agreement
16
generated by the NCBP, land use restrictions will ultimately come with the continuing obligation to
submit an annual certification that the land Use Restrictions are being complied with and are recorded
at the applicable register of deeds office.)
IV. Fees
In connection with a brownfields agreement, the Act requires that the developer pay fees to offset the cost to
the Department of Environment and Natural Resources and the Department of Justice. In satisfaction of the
Act, the following fees apply to any brown.fields agreement that is developed for this project, subj ect to
negotiation of the brownfields agreement:
a. A $2,000 initial fee will be due from the applicant PD when both of the fo llowing occur:
I) NCBP receives this application and proposed brownfields agreement, AND
2) NCBP notifies the applicant in writing that the applicant PD and the project are eligible for
participation in the NCBP and continued negotiation of a brownfields agreement.
b. A second fee of $6,000 will be due from the PD prior to execution of the brownfields agreement.
Should the prospective developer choose to negotiate changes to the agreement that necessitate
evaluation by the Department of Justice, additional fees shall apply.
c. Any addendum/modifications to the BF A or NBP after they are in effect wilJ result in an additional
fee of at least $1,000.
d. In the unexpected event that the environmental conditions at the property are unusually complex, such
that NCBP's costs will clearly exceed the above amounts, NCBP and PD will negotiate additional fees.
6Zl ~ Please check this box and initial in space provided to indicate your acknowledgement of the
ab~ucture.
Date of Submittal: __ 1_/_2._6.:._/=;J_o_l..::.~-----
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SITE LOCATION MAP
COMMERCIAL PROPERTIES
7000 - 7320 STATESVILLE ROAD
CHARLOTTE, NORTH CARLONA
DATE:
JOB NO:
REVISION NO:
FIGURE NO:
03-31-2016 0
1BCP-073
0 2000 4000
APPROXIMATE
SCALE IN FEET
N
U.S.G.S. QUADRANGLE MAP
7.5 MINUTE SERIES (TOPOGRAPHIC)
2923 S. Tryon Street, Suite 100
Charlotte, NC 28203
704.586.0007(p) 704.586.0373(f)
DERITA, NORTH CAROLINA 1996
SITE SITE
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Photograph 2: Former soil landfarming area in northern portion of site.
WI
P
-00
3 METROLINA EXPO
CHARLOTTE, NORTH CAROLINA
2923 S. Tryon Street, Suite 100
Charlotte, NC 28203
704.586.0007(p) 704.586.0373(f)
Photograph 1. Metrolina Expo buildings in central portion of site.
Photograph 4: Building located at 7320 Statesville Rd.
WI
P
-00
3 METROLINA EXPO
CHARLOTTE, NORTH CAROLINA
2923 S. Tryon Street, Suite 100
Charlotte, NC 28203
704.586.0007(p) 704.586.0373(f)
Photograph 3. Former airstrip in eastern portion of site.