HomeMy WebLinkAbout07005_Boulingy_Final NBP PackageC/O CITY OF CHARLOTTE, NEIGHBORHOOD DEVELOPMENT KEY BUSINESS 600 EAST TRADE STREET, CHARLOTTE, NC 28202
PHONE 704-336-3499 FAX 704-336-2527 INTERNET www.enr.state.nc.us
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER –
September 5, 2003
Laurence L. Prince, Jr NODA Properties, LLC
1100 East Morehead Street
Charlotte, North Carolina 28204
Subject: Approval to Public Comment Former Bouligny Site
2320 North Davidson Street
Charlotte, Mecklenburg County
Brownfields Project Number 07005-03-60
Dear Mr. Prince:
The North Carolina Department of Environment and Natural Resources (DENR) is in
receipt of your acceptance of the statutorily required brownfields documents in their present draft
form for the reference site. The four brownfields documents are listed below and enclosed herewith:
• Notice of Intent to Redevelop a Brownfields Property (NI);
• Summary of Notice of Intent to Redevelop a Brownfields Property (SNI);
• Notice of Brownfields Property (NBP); and
• Brownfields Agreement (BFA).
These four documents and the required survey plat (Exhibit B of the NBP) are also
acceptable to DENR. Having reached agreement on these documents and payment of the initial
brownfields fee, the former Bouligny Site brownfields project is approved to proceed to the
public notice phase of the brownfields process. The following information is provided to
facilitate your compliance with the statutory requirements regarding public notice, which includes a public comment period of at least 60 days.
Public notice is facilitated by a Prospective Developer (PD) making available for the
public’s review the full NI package, which consists of the one page NI, and the NBP with its
three exhibits; Exhibit A, the BFA; Exhibit B, the survey plat, and; Exhibit C, the legal description. Before the public comment period can begin, PD must complete the following
actions in accordance with N.C.G.S. § 130.310.34.(a):
MICHAEL F. EASLEY, GOVERNOR
WILLIAM G. ROSS JR., SECRETARY
DEXTER R. MATTHEWS, DIRECTOR
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
Mr. Prince September 5, 2003
Page 2 of 3
• Provide a copy of the full NI to the city and county governments (typically, the city and
county manager’s office) having jurisdiction over the subject brownfields Property;
• Provide a copy of the full NI to the location, as stated in the SNI, where the full NI will
be available for public review, if different than the local government offices;
• Arrange for the publication of the SNI in a newspaper of general circulation serving the
area in which the Property is located;
• File a copy of the SNI with the Codifier of Rules, who will publish the SNI in the North
Carolina Register; and
• Conspicuously post the SNI at the Property.
Please note that, in accordance with N.C.G.S. § 130.310.34.(b), the public comment
period begins on the later date of publication of the SNI, as described above. Thus, in order for
the public comment period to begin on the date the SNI’s publication in the NC Register, PD
must complete the above actions not later than the Register’s publication date.
You are advised to contact Ruby Creech (Phone, 919-733-2678; Fax, 919-733-3462; e-
mail, postmaster@oah.state.nc.us) Publications Coordinator, at the NC Office of Administrative
Hearings (OAH) to make arrangements to have the SNI published in the NC Register. Basically,
in order to “make” a given filing deadline date, PD is required to provide OAH with a written
request for the publication of the SNI and copy of the SNI itself before close of business (4:30 p.m.) on that date. OAH will require a diskette containing the SNI (in MS Word format) prior to
the actual publication date.
Finally, you must confirm that the above actions have been completed by providing
documentation to DENR (to my attention) as follows:
• For the placement of the full NI at local government offices and any other location where
the full NI will be available for public review, preferably provide a letter from each such
office or location confirming receipt of the full NI from the PD, but at a minimum provide copies of PD’s letter of transmittal to each such office or location;
• For the publication of the SNI, preferably provide an affidavit of publication from the
publishing entity, but at a minimum provide a photocopy of the actual SNI as published
that also indicates the name of the publishing entity and the date of publication; and
• For the posting of the SNI at the Property, provide photographs, one close-up and one
more distant, of the actual SNI posted at the Property.
Mr. Prince September 5, 2003
Page 3 of 3
Thank you for your prompt attention to this important matter. If you have questions about
this correspondence or require additional information, please feel free to contact me by phone at
(704) 336-3499, or by e-mail at carolyn.minnich@ncmail.net.
Sincerely,
Carolyn Minnich Brownfields Project Manager
Division of Waste Management
cc: Superfund Section Central Files
ec: Rob Gelblum, Asst. Atty. General
Tony Duque, NCDENR
Bruce Nicholson, NCDENR
From:Larry Prince
To:Minnich, Carolyn
Subject:letter of transmittal to County manager
Date:Thursday, October 28, 2004 8:12:37 AM
NODA Properties, LLC
1100 East Morehead St.
Charlotte, NC 28204
October 28, 2004
Mr. Harry JonesCounty Manager
Mecklenburg County600 E. Fourth Street
Charlotte, NC 28202
Dear Mr. Jones:
NODA Properties, LLC has been approved to proceed to the public notice phase of obtaining aBrownfields Agreement with NCDENR for redevelopment of the former Bouligny site located
at 2320 N. Davidson Street in Charlotte.
According to the statute, we are required to file with your office the full Notice of Intent.Enclosed you will find all of the documentation required. If you desire further clarification
please do not hesitate to contact me.
I would appreciate very much your acknowledgement of receipt of these documents toInclude in our files.
Thank you very much.
Sincerely:
NODA Properties, LLC
Laurence L. Prince, Jr.
From:Larry Prince
To:Minnich, Carolyn
Subject:letter of transmittal to city manager
Date:Thursday, October 28, 2004 8:11:00 AM
NODA Properties, LLC
1100 East Morehead St.
Charlotte, NC 28204
October 28, 2004
Ms. Pam SyfertCity Manager
City of Charlotte600 E. Fourth Street
Charlotte, NC 28202
Dear Ms. Syfert:
NODA Properties, LLC has been approved to proceed to the public notice phase of obtaining aBrownfields Agreement with NCDENR for redevelopment of the former Bouligny site located
at 2320 N. Davidson Street in Charlotte.
According to the statute, we are required to file with your office the full Notice of Intent.Enclosed you will find all of the documentation required. If you desire further clarification
please do not hesitate to contact me.
I would appreciate very much your acknowledgement of receipt of these documents toInclude in our files.
Thank you very much.
Sincerely:
NODA Properties, LLC
Laurence L. Prince, Jr.
From:Larry Prince
To:Minnich, Carolyn
Subject:letter of transmittal to city manager
Date:Thursday, October 28, 2004 8:11:00 AM
NODA Properties, LLC
1100 East Morehead St.
Charlotte, NC 28204
October 28, 2004
Ms. Pam SyfertCity Manager
City of Charlotte600 E. Fourth Street
Charlotte, NC 28202
Dear Ms. Syfert:
NODA Properties, LLC has been approved to proceed to the public notice phase of obtaining aBrownfields Agreement with NCDENR for redevelopment of the former Bouligny site located
at 2320 N. Davidson Street in Charlotte.
According to the statute, we are required to file with your office the full Notice of Intent.Enclosed you will find all of the documentation required. If you desire further clarification
please do not hesitate to contact me.
I would appreciate very much your acknowledgement of receipt of these documents toInclude in our files.
Thank you very much.
Sincerely:
NODA Properties, LLC
Laurence L. Prince, Jr.