21031_Ideal Tool_Revised Affidavit_20170707

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SMARTER ENVIRONMENTAL SOLUTIONS
Via Email and FedEx
July 7, 2017
NCDEQ - Division of Waste Management
Brownfields Program
1646 Mail Service Center
Raleigh, NC 27699-1646
Attn: Ms. Caroline E. Goodwin
Re: Brownfield Property Application -Revised Affidavit
3021 & 3029 Bank Street
Charlotte, North Carolina
H&H Project No. LEH-001
Dear Ms. Goodwin:
On behalf of LEH NC Bank Street, LLC, enclosed please find the original signed notarized
revised affidavit for the Brownfields Property Application package for the above referenced site
located in Charlotte. An electronic copy of the affidavit was submitted via email on July 7,
2017.
If you have any questions or comments, please do not hesitate to contact me.
Sincerely,
Hart & Hickman, PC
vaei
Ralph McGee, PG
Senior Project Geologist
RWM/chc
Enclosures
cc: Nikolaus Lischerong (via email)
Carolyn Minnich (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.harthickman.com
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Date
is-nature/Printed Name
2-1b3i-11-060
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
NORTH CAROLINA BROWNFIELDS PROGRAM to
IN THE MATTER OF: LEH NC Bank Street, LLC
UNDER THE AUTHORITY OF
NORTH CAROLINA GENERAL
STATUTES 3 130A-310.30, et. seq.
AFFIDAVIT
RE: RESPONSIBILITY
AND COMPLIANCE

Nikolaus M. Lischerong, being duly sworn, hereby deposes and says:
I am manager of LEH NC Bank Street, LLC.
I am fully authorized to make the declarations contained herein and to legally bind LEH NC
Bank Street, LLC.
LEH NC Bank Street, LLC is applying for a Brownfields Agreement with the North Carolina
Department of Environmental Quality, pursuant to N.C.G.S. 3 130A, Article 9, Part 5
(Brownfields Act), in relation to the following 14505205 and 14505206 in Charlotte,
Mecklenburg, County, North Carolina: 3021 Bank Street and 3029 Banks Street
I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that LEH
NC Bank Street, LLC, and any parent, subsidiary or other affiliate meets the eligibility
requirements of N.C.G.S. 3 130A-310.31(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.
I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that LEH
NC Bank Street, LLC meets the eligibility requirement of N.C.G.S.3130A-310.32(a)(1) in that it
and any parent, subsidiary or other affiliate have substantially complied with:
the terms of any brownfields or similar agreement to which it or any parent, subsidiary or
other affiliate has been a party;
the requirements applicable to any remediation in which it or any parent, subsidiary or
other affiliate has previously engaged;
federal and state laws, regulations and rules for the protection of the environment.
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