09058_Midtown Mall_LOE 20051207

North Carolina Department of Environment and Natural Resources
Dexter R. Matthews, Director Division of Waste Management Michael F. Easley, Governor
William G. Ross Jr., Secretary

1646 Mail Service Center, Raleigh, North Carolina 27699-1646
Phone [phone] \ FAX [phone] \ Internet http://wastenotnc.org
An Equal Opportunity / Affirmative Action Employer – Printed on Dual Purpose Recycled Paper
December 7, 2005

Sent Via E-mail and USPS

Mr. Charles E. Teal, CPA
Chief Operating Officer
Pappas Properties, LLC
6000 Fairview Rpad, Suite 125
Charlotte, NC 28210
[e-mail]

Subject: Letter of Eligibility
Midtown Mall
401 South Independence Blvd and 431 South Kings Dr.
Charlotte, Mecklenburg County
Brownfields Project Number 09058-05-60

Dear Mr. Teal:

The North Carolina Department of Environment and Natural Resources (DENR) has received and
reviewed your November 9, 2005 Letter of Intent (LOI) submitted by Carol Jones Van buren of Kennedy
Covington, on behalf of Midtown Redevelopment Partners, LLC as a Prospective Developer (PD) seeking a
brownfields agreement regarding the subject site. Upon review of the letters with respect to the requirements of
the Brownfields Property Reuse Act of 1997, DENR has determined that this project is eligible for entry into
the North Carolina brownfields program and for continued evaluation for a brownfields agreement.

The next step in the process will involve a detailed review of available environmental and other relevant
data to determine what is currently known about contamination at the site, and what, if any, information gaps
may exist that may require additional assessment. We are in receipt of the following documents submitted with
your LOI:

Title Prepared by Date of Report
Phase I/Phase II Environmental Site
Assessment
Professional Services
Industries, Inc.
November 9, 1999
Executive Summary for Environmental
and Geotechnical Engineering Services
Professional Services
Industries, Inc.
December 6, 1999
Results of Additional Laboratory
Analysis
Professional Services
Industries, Inc.
December 22, 1999
Phase I Environmental Site Assessment SECOR International Inc. October 17, 2000
Mr. Teal
December 7, 2005
Page 2 of 2

Title Prepared by Date of Report
Results of Phase II Environmental Site
Assessment
SECOR International Inc. October 20, 2000
Report of Hazardous Materials Survey MACTEC engineering and
Consulting, Inc.
July 29, 2005

Historical site information from the files of DENR’s Superfund Section will also be utilized during the
evaluation process, if available. Please forward any additional information or data you may have or can acquire
for our evaluation. This should include reports from other DENR agencies or regional offices. We will contact
you regarding any additional assessment that may be necessary to establish that the property is or can be made
safe for the intended reuse, as required by statute. Based on the Letter of Intent, it appears that you all are
currently completely additional assessment activities. Please forward this information when it is available.

According to the LOI, the intended redevelopment for the site is mixed use of retail, commercial, and
residential. I am enthusiastic about the potential for public benefit offered by the safe reuse of the Midtown
Mall Site, and I look forward to working with you to advance this brownfields redevelopment project. If you
have questions about this correspondence or require additional information, please feel free to contact me by
phone at 704/661-0330, or by e-mail at [e-mail].

Sincerely,

Carolyn Minnich
Carolyn Minnich
Brownfields Project Manager
Division of Waste Management

cc: Project File

ec: Rob Gelblum, Esq., DOJ
Bruce Nicholson, DENR
Carol Jones Van Buren, Esq., KC