HomeMy WebLinkAbout10042_Southside_Prpty_LURU_Approval_6-18-20121601 Mail Service Center, Raleigh, North Carolina 27699-1601
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North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Dee Freeman
Secretary
June 18, 2012
SENT VIA EMAIL
Chris N. Grenier
Stiles Property Management
8514 McApline Park Drive, Suite 190
Charlotte, NC 28211
Chris.Grenier@stiles.com
Subject: Carolina Metals/Southside Properties
2208-2222 South Boulevard
Charlotte, Mecklenburg County
Brownfields Project Number 10042-06-60
Dear Mr. Grenier:
This letter is in response to our site meeting May 29, 2012 and your follow up email on June 14,
2012. The following are responses to your questions.
1. Confirmation from your office that the site is currently in compliance with the requirements of
the Brownfields Agreement as of the date of your letter
On April 30, 2008, a Notice of Brownfields Property (NBP) was recorded at the Mecklenburg County
Register of Deeds in Book 23693 and Page 798 for the above referenced brownfields site. Land Use
Restriction Updates have been submitted annually and Southside Investments LLC remains in good
standing and in compliance with the North Carolina Brownfields Program (NCBP).
2. Confirmation from your office that the Brownfields Agreement rights and obligations will “run
with the land”. In other words, any title holder to the property shall be afforded the same rights
under the Agreement as the original Developer and/or Owner (provided the property remains in
compliance).
Refer to North Carolina General Statute Chapter 130A Article 9 Waste Management Part 5
Brownfields Property Reuse Act of 1997. Specifically, 130A-310.33 (a) (1-5), regarding
liability protection under a brownfields agreement which includes future owners of the
brownfields property. The document is available on our website.
http://portal.ncdenr.org/web/wm/bf/statutes
3. Confirmation that the following commercial uses will be permitted on the redeveloped
property.
a. Grocery Store (with fresh and packaged/preserved food sales, onsite food preparation,
pharmacy and other merchandise sales typical of grocery store chains in NC).
b. Restaurant (Food & Beverage)
c. Dry Cleaner (Pick-up and Drop Off Only)
d. Nail Salon
e. Beauty Salon/Barber Shop
f. Storefront Offices/Showrooms (Insurance/Mortgage/Real Estate Brokers, Tax/CPA,
Doctor, Dentist, etc).
g. General Retail/Commercial Sales
The first land use restrictions in the NBP lists uses permitted on the brownfields property as
residential, office and commercial. The uses listed in your question are within the acceptable
uses of commercial. Please note, businesses that may potentially use contaminants of concern
identified on the property may only be in de minimis amounts. Please refer to the NBP for a
complete listing.
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
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 carolyn.minnich@ncdenr.gov.
Sincerely,
Carolyn Minnich
Carolyn Minnich
Brownfields Project Manager
Division of Waste Management
cc: Project File
ec: Bruce Nicholson, DENR
David Peacock, DENR