21052_Little Rock Rd._Public Comment Package_05312018

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Property Owner: RK Investments Charlotte LLC Recorded in Book ____, Page ____
Associated plat recorded in Plat Book ____, Page ____
NOTICE OF BROWNFIELDS PROPERTY
Site Name: Little Rock Road Brownfields Project Number: 21052-17-060 This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat
component, have been filed this _____ day of __________________, 2018 by RK Investments Charlotte
LLC (“Prospective Developer”). This Notice concerns contaminated property.
A copy of this Notice certified by the North Carolina Department of Environmental Quality
(“DEQ”) is required to be filed in the Register of Deeds’ Office in the county or counties in which the land is located, pursuant to North Carolina General Statutes (“NCGS”), § 130A-310.35(b). This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate the danger to
public health or the environment posed by environmental contamination at a property (“Brownfields
Property”) being addressed under the Brownfields Property Reuse Act of 1997, NCGS § 130A, Article 9, Part 5 (“Act”). Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified copy of this
Notice within 15 days of Prospective Developer’s receipt of DEQ’s approval of the Notice or Prospective
Developer’s entry into the Brownfields Agreement required by the Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the grantor index under the names of the owners of the land and, if Prospective Developer is not the owner, also under the Prospective Developer’s name.
The Brownfields Property is located at 6108, 6120, 6128 Wilkinson Blvd. and 3000 & 3012 Little Rock
Rd. in Charlotte, North Carolina. The Brownfields Property comprises seven parcels totaling 6.46 acres and has
been used primarily as a gas station, as different automotive service businesses and as an automobile salvage yard. Prospective Developer has committed itself to redevelopment for no uses other than office, hotel, retail, restaurant, parking, and, subject to DEQ’s prior written approval, other commercial uses.

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The Brownfields Agreement between Prospective Developer and DEQ is attached hereto as Exhibit A. It sets forth the use that may be made of the Brownfields Property and the measures to be taken to
protect public health and the environment, and is required by NCGS § 130A-310.32. The Brownfields
Agreement’s Exhibit 2 consists of one or more data tables reflecting the concentrations of and other
information regarding the Property’s regulated substances and contaminants.
Attached as Exhibit B to this Notice is a reduction, to 8 1/2" x 11", of the survey plat component
of this Notice. This plat shows areas designated by DEQ, has been prepared and certified by a professional
land surveyor, meets the requirements of NCGS § 47-30, and complies with NCGS § 130A-310.35(a)’s
requirement that the Notice identify:
(1) The location and dimensions of the areas of potential environmental concern with respect to
permanently surveyed benchmarks.

(2) The type, location and quantity of regulated substances and contaminants known to exist on the
Brownfields Property.
Attached hereto as Exhibit C is a legal description of the Brownfields Property that would be sufficient
as a description of the property in an instrument of conveyance.
LAND USE RESTRICTIONS
NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the current and future
use of the Brownfields Property that are necessary or useful to maintain the level of protection appropriate for the
designated current or future use of the Brownfields Property and that are designated in the Brownfields
Agreement. The restrictions shall remain in force in perpetuity unless canceled by the Secretary of DEQ (or its successor in function), or his/her designee, after the hazards have been eliminated, pursuant to
NCGS § 130A-310.35(e). All references to DEQ shall be understood to include any successor in function.
The restrictions are hereby imposed on the Brownfields Property, and are as follows:

1. No use may be made of the Brownfields Property other than for office, hotel, retail, restaurant, parking,
and, subject to DEQ’s prior written approval, other commercial uses. For purposes of this restriction, the
following definitions apply:

a. “Retail” is defined as the sale of goods or services, products, or merchandise directly to the
consumer or businesses and includes showrooms, personal service, and the sales of food and
beverage products. For the purposes of this Agreement, retail excludes use as a motor fuel storage
or dispensing facility.
b. “Office” is defined as the provision of business or professional services.
c. “Hotel” is defined as the provision of overnight lodging to paying customers, and to associated
food and beverage services, gym, reservation, cleaning, utilities, parking, and on-site hospitality,
management, meeting room and reception services.
d. “Restaurant” is defined as a commercial business establishment that prepares and serves food and
beverages to patrons.
e. “Parking” is defined as the temporary accommodation of motor vehicles in an area designed for
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same.
f. “Commercial” is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or
licensee. For the purposes of this Agreement, this excludes use as a dry cleaner using chlorinated
solvents or motor fuel storage or dispensing facilities.

2. The Brownfields Property may not be used for child care centers, adult care centers or schools without the
prior written approval of DEQ.

3. Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is consistent
with all the other land use restrictions and describes redevelopment activities at the Brownfields Property,
the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise
from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation:
a. soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports;
b. issues related to potential sources of contamination referenced in Exhibit 2 of the attached Exhibit
A;
c. contingency plans for addressing, including without limitation the testing of soil and groundwater,
newly discovered potential sources of environmental contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil contamination); and
d. plans for the proper characterization of, and, as necessary, disposal of contaminated soils
excavated during redevelopment.

4. No use of the Brownfields Property, as specified in Land Use Restriction 1, may occur until the then-owner of the Brownfields Property conducts representative final grade soil sampling pursuant to a plan
approved in writing by DEQ of any area of the Brownfields Property that will not be covered by building
foundations, sidewalks, or asphaltic or concrete parking areas and driveways unless otherwise approved
in writing by DEQ in advance.
5. Groundwater at the Brownfields Property may not be used for any purpose without the prior written
approval of DEQ.

6. No activity that disturbs soil on the Brownfields Property may occur unless and until DEQ states in
writing, in advance of the proposed activity, that said activity may occur if carried out along with any
measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified
in Land Use Restriction 1 above while fully protecting public health and the environment, except:
a. in connection with landscape planting to depths not exceeding 24 inches;
b. mowing and pruning of above-ground vegetation;
c. for repair of underground infrastructure, provided that DEQ shall be given written notice at least
seven days in advance of a scheduled repair (if only by email) of any such repair, or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken and;
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d. in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined above in Land Use Restriction 3.

7. Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and
analysis to DEQ’s satisfaction and the written approval of DEQ, unless conducted in accordance with an approved EMP as outlined above in Land Use Restriction 3.

8. No enclosed building may be constructed on the Brownfields Property and no existing building, defined
as those depicted on the plat component of this Notice, may be occupied, until DEQ determines in writing that:
a. the building is or would be protective of the building’s users, public health and the environment
from risk of vapor intrusion based on site assessment data or a site-specific risk assessment approved in writing by DEQ;
b. the building is or would be sufficiently distant from the Brownfields Property’s groundwater
and/or soil contamination based on assessment data approved in writing by DEQ that the building’s
users, public health and the environment will be protected from risk from vapor intrusion related
to said contamination; or
c. vapor intrusion mitigation measures are installed and/or implemented to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s professional seal
on a report that includes photographs and a description of the installation and performance of said
measures. Any design specification for vapor intrusion mitigation measures shall be approved in
writing by DEQ in advance of installation and/or implementation of said measures. The design specifications shall include methodology(ies) for demonstrating performance of said measures.
9. Submitted with the Land Use Restriction Update described below in paragraph 15 for each year following
the effective date of this Agreement for as long as physical redevelopment of the Property continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval on
environment-related activities since the last report, with a summary and drawings, that describes:

a. actions taken on the Brownfields Property in accordance with the EMP required by Land Use Restriction 3 above;
b. soil grading and cut and fill actions;
c. methodology(ies) employed for field screening, sampling and laboratory analysis of
environmental media;
d. stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected or confirmed to be contaminated
with regulated substances; and
e. removal of any contaminated soil, water or other contaminated materials (for example, concrete,
demolition debris) from the Brownfields Property (copies of all legally required manifests shall be
included).
10. Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields
Property at the direction of, or pursuant to a permit, order or agreement issued or entered into by DEQ,
may be denied access to the Brownfields Property for purposes of conducting such assessment or remediation, which is to be conducted using reasonable efforts to minimize interference with authorized
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uses of the Brownfields Property.
11. None of the contaminants known to be present in the environmental media at the Brownfields Property,
as described in Exhibit 2 of the attached Exhibit A and as modified by DEQ in writing if additional
contaminants in excess of applicable standards are discovered at the Brownfields Property, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except:

a. in de minimis quantities for cleaning and other routine housekeeping and maintenance activities;
b. as fuel or other fluids customarily used in vehicles, landscaping equipment, and emergency generators; and
c. as constituents of products and materials customarily used and stored in office, hotel, retail,
restaurant, parking, and other commercial use environments provided such products and materials
are stored in original retail packaging and used and disposed of in accordance with applicable laws.
12. Within 60 days, or in accordance with a schedule approved in writing in advance by the North Carolina
Brownfields Program (NCBP), after the effective date of this Agreement or prior to land disturbance
activities and after consultation with the NCBP, Prospective Developer shall abandon monitoring wells,
injection wells, recovery wells, piezometers and other man-made points of groundwater access at the Brownfields Property, except those wells the North Carolina Underground Storage Tank Section requires to remain on the Brownfields Property, in accordance with Subchapter 2C of Title 15A of the North
Carolina Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days after
doing so, the Prospective Developer shall provide DEQ a report setting forth the procedures and results.
13. The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-
approved monitoring well is damaged by the owner, its contractors, or its tenants shall be responsible for
repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ, unless
compliance with this Land Use Restriction is waived in writing by DEQ in advance.
14. Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following
notice: “This property is subject to the Brownfields Agreement attached as Exhibit A to the Notice of
Brownfields Property recorded in the Mecklenburg County land records, Book ____, Page ____.” A copy
of any such instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though financial figures and other confidential information related to the conveyance may be redacted to the
extent said redactions comply with the confidentiality and trade secret provisions of the North Carolina
Public Records Law. The owner conveying an interest may use the following mechanisms to comply with
the obligations of this Land Use Restriction:

a. if every lease and rider is identical in form, the owner conveying an interest may provide DEQ
with copies of a form lease or rider evidencing compliance with this Land Use Restriction, in lieu
of sending copies of actual, executed leases, to the persons listed in Section XV (Notice and
Submissions); or
b. the owner conveying an interest may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XV.

15. During January of each year after the year in which this Notice is recorded, the owner of any part of the
Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Mecklenburg County,
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certifying that, as of said January 1st, this Notice containing these land use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that the land use restrictions are being complied
with. The submitted LURU shall state the following:

a. the name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the Brownfields Property
during the previous calendar year;
b. the transferee’s name, mailing address, telephone and facsimile numbers, and contact person’s e-
mail address, if said owner transferred any part of the Brownfields Property during the previous
calendar year;
c. whether any vapor barrier and/or mitigation systems installed pursuant to Land Use Restriction 8
above are performing as designed, and whether the uses of the ground floors of any buildings
containing such vapor barrier and/or mitigation systems have changed, and, if so, how.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ official
referenced in paragraph 35.a. of Exhibit A hereto, at the address stated therein.

ENFORCEMENT
The above land use restrictions shall be enforceable without regard to lack of privity of estate or contract,
lack of benefit to particular land, or lack of any property interest in particular land. The land use restrictions shall
be enforced by any owner of the Brownfields Property. The land use restrictions may also be enforced by DEQ
through the remedies provided in NCGS § 130A, Article 1, Part 2 or by means of a civil action; by any unit of
local government having jurisdiction over any part of the Brownfields Property; and by any person eligible for liability protection under the Brownfields Property Reuse Act who will lose liability protection if the restrictions
are violated. Any attempt to cancel any or all of this Notice without the approval of the Secretary of DEQ (or its
successor in function), or his/her delegate, shall be subject to enforcement by DEQ to the full extent of the law.
Failure by any party required or authorized to enforce any of the above restrictions shall in no event be deemed a
waiver of the right to do so thereafter as to the same violation or as to one occurring prior or subsequent thereto.
FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS

When any portion of the Brownfields Property is sold, leased, conveyed or transferred, pursuant to NCGS
§ 130A-310.35(d) the deed or other instrument of transfer shall contain in the description section, in no smaller type than that used in the body of the deed or instrument, a statement that the Brownfields Property has been
classified and, if appropriate, cleaned up as a brownfields property under the Brownfields Property Reuse Act.

IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly executed this
_____ day of _______________, 2018.

RK Investments Charlotte LLC

By: __________________________________________ Neil Kapadia
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Member

NORTH CAROLINA
_______________ COUNTY
I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated: ________________________________.

Date: ___________________ ___________________________________
Official Signature of Notary

___________________________________
Notary’s printed or typed name, Notary Public (Official Seal) My commission expires: _____________________

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************************************
ACKNOWLEDGMENT OF PROPERTY OWNER

As the current owner, or representative of said owner, of at least part of the Brownfields Property, I
hereby acknowledge recordation of this Notice of Brownfields Property and the Land Use Restrictions contained herein.

[Name of Owner]

By: ______________________________
_______________
________________________
Name typed or printed: ___________________________ Date
NORTH CAROLINA
_______________ COUNTY

I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ________________________________.
Date: ___________________ ___________________________________
Official Signature of Notary

___________________________________ Notary’s printed or typed name, Notary Public
(Official Seal) My commission expires: _____________________

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************************************ APPROVAL AND CERTIFICATION OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY

The foregoing Notice of Brownfields Property is hereby approved and certified.
North Carolina Department of Environmental Quality

By: _________________________________________ ________________________
Michael E. Scott Date
Director, Division of Waste Management

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EXHIBIT A

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: RK Investments Charlotte LLC

UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Little Rock Road
OF 1997, NCGS § 130A-310.30, et seq. ) 6108, 6120, 6128 Wilkinson Blvd., Brownfields Project # 21052-17-060 ) 3000 & 3012 Little Rock Rd.
Charlotte, Mecklenburg County

I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and RK Investments Charlotte LLC (collectively
the "Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
seq. (the “Act”) for the property located at 6108, 6120, 6128 Wilkinson Boulevard and 3000 and
3012 Little Rock Road, Charlotte, North Carolina 28214 (the “Brownfields Property”). A map
showing the location of the Brownfields Property that is the subject of this Agreement is attached
hereto as Exhibit 1.
The Prospective Developer is RK Investments Charlotte LLC. RK Investments Charlotte
LLC is a North Carolina member-managed Limited Liability Company located at 3800 Pomfret
Lane, Charlotte, NC 28211. This Agreement concerns approximately 6.46 acres of property
located on the northwest corner of Wilkinson Boulevard and Little Rock Road, Charlotte,
Mecklenburg County, North Carolina. RK Investments Charlotte LLC, proposes to redevelop
the Brownfields Property for no purpose other than for office, hotel, retail, restaurant, parking,

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and, subject to DEQ’s prior written approval, other commercial uses.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section VIII (Certification), Section IX (DEQ’s Covenant Not to Sue
and Reservation of Rights) and Section X (Prospective Developer’s Covenant Not to Sue), the
potential liability of RK Investments Charlotte LLC for contaminants at the Brownfields
Property.
The Parties agree that RK Investments Charlotte LLC’s entry into this Agreement, and
the actions undertaken by RK Investments Charlotte LLC in accordance with the Agreement, do
not constitute an admission of any liability by RK Investments Charlotte LLC for contaminants
at the Brownfields Property. The resolution of this potential liability, in exchange for the benefit
RK Investments Charlotte LLC shall provide to DEQ, is in the public interest.
II. DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
1. “Brownfields Property” shall mean the property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2. "Prospective Developer" shall mean RK Investments Charlotte LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property comprises seven parcels totaling 6.46 acres (Mecklenburg

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County tax parcels, 05536937, 05536936, 05536959, 05536945, 05536934, 05536933, and
05536932.) Prospective Developer has committed itself to redevelopment for no uses other than
office, hotel, retail, restaurant, parking, and, subject to DEQ’s prior written approval, other
commercial uses.
4. The Brownfields Property is bordered to the north by property formerly used as a
volunteer fire department and currently used for automotive repair and parking purposes, with
Keeter Drive beyond; to the east by Little Rock Road, with an Airport Express gasoline station
and a nightclub beyond; to the south by Wilkinson Boulevard, with airport parking beyond; and
to the west by an auto repair shop and a Duke Energy electrical substation.
5. Prospective Developer obtained or commissioned the following reports, referred to
hereinafter as the “Environmental Reports,” regarding (in whole or in part) the Brownfields
Property:
Title Prepared by Date of Report
Free Product Recovery Report – Albert
Nance property at 6100 Wilkinson Blvd.
Terra Chem
Environmental
Services, Inc.
January 4, 1994
Site Recommendations, former Airport
Automotive Site, 6100 Wilkinson Blvd.,
Incident # 6951
Law Engineering and
Environmental
Services, Inc.
July 6, 1999
Site Status Letter, former Airport Automotive
Site, 6100 Wilkinson Blvd., Incident # 6951
Law Engineering and
Environmental
Services, Inc.
May 9, 2001
Water Supply at 6101 Wilkinson Blvd,
Former Airport Automotive Supply, Incident
# 6951
Law Engineering and
Environmental
Services, Inc.
February 13, 2002
Water Supply at 6101 Wilkinson Blvd,
Former Airport Automotive Supply, Incident # 6951
Law Engineering and
Environmental Services, Inc.
February 13, 2002
Status of Assessment Activities – Former Law Engineering and January 26, 2002

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Title Prepared by Date of Report
Airport Automotive Site – 6100 Airport
Blvd., Incident # 6951
Environmental
Services, Inc.
Water Supply at 6101 Wilkinson Blvd,
Former Airport Automotive Supply, Incident
# 6951
Law Engineering and
Environmental
Services, Inc.
June 21, 2002

Corrective Action Plan – Former Airport
Automotive – 6100 Wilkinson Blvd., Incident
# 6951
MACTEC
Engineering and
Consulting, Inc.
February 13, 2003

Pilot Study Report – Former Airport
Automotive – 6100 Wilkinson Blvd., Incident
# 6951
MACTEC
Engineering and
Consulting, Inc.
March 3, 2003
Monitoring Report Former Airport
Automotive – 6100 Wilkinson Blvd. Incident # 6951
MACTEC
Engineering and Consulting, Inc. November 3, 2003
Water Supply Update – 6100 Wilkinson Blvd., Incident # 6951
MACTEC
Engineering and Consulting, Inc. April 4, 2004
Free Product Evaluation – Former Airport Automotive – 6108 Wilkinson Blvd., Incident
# 6951
MACTEC Engineering and
Consulting, Inc.
January 19, 2010
Groundwater Monitoring Report – Former Airport Automotive – 6108 Wilkinson Blvd.,
Incident # 6951
MACTEC Engineering and
Consulting, Inc.
October 28, 2011
Groundwater Monitoring Report – Former Airport Automotive – 6108 Wilkinson Blvd.,
Incident # 6951
AMEC Environmental and
Infrastructure, Inc.
April 26, 2012
Groundwater Monitoring Report – Former
Airport Automotive – 6108 Wilkinson Blvd.,
Incident # 6951
AMEC
Environmental and
Infrastructure, Inc.
November 13, 2012
Groundwater Monitoring and AFVR Report –
Former Airport Automotive – 6108
Wilkinson Blvd., Incident # 6951
AMEC
Environmental and
Infrastructure, Inc.
May 14, 2013
Post-MMPE Groundwater Monitoring Report
– Former Airport Automotive, Incident #
6951
AMEC
Environmental and
Infrastructure, Inc.
September 4, 2013
Groundwater Monitoring Report – Former
Airport Automotive – 6108 Wilkinson Blvd.,
Incident # 6951
AMEC
Environmental and
Infrastructure, Inc.
July 11, 2014
Monitoring Report – Former Airport
Automotive – 6108 Wilkinson Blvd., Incident
AMEC
Environmental and January 31, 2014

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Title Prepared by Date of Report
# 6951 Infrastructure, Inc.
Monitoring Report – Former Airport
Automotive – 6108 Wilkinson Blvd., Incident
# 6951
AMEC
Environmental and
Infrastructure, Inc.
October 2, 2014
Groundwater Measurement Data Submittal –
Former Airport Automotive – 6108
Wilkinson Blvd. Incident # 6951
Amec Foster Wheeler
Environmental and
Infrastructure, Inc.
June 10, 2015
Groundwater Monitoring Report – Former
Airport Automotive – 6108 Wilkinson Blvd.
Incident # 6951
Amec Foster Wheeler
Environmental and
Infrastructure, Inc.
April 21, 2015
Groundwater Monitoring Report – Former
Airport Automotive – 6108 Wilkinson Blvd.,
Incident # 6951
Amec Foster Wheeler
Environmental and
Infrastructure, Inc.
October 19, 2015
Report of Aggressive Fluid/Vapor Recovery
and Groundwater Monitoring – Former
Airport Automotive – 6108 Wilkinson Blvd., Incident # 6951
Amec Foster Wheeler
Environmental and Infrastructure, Inc. March 11, 2016
Report of Soil Assessment – Former Airport
Automotive – 6108 Wilkinson Blvd., Incident
# 6951
Amec Foster Wheeler Environmental and
Infrastructure, Inc.
April 20, 2016
Brownfields Assessment Report – Little Rock
Road Hart and Hickman March 28, 2018

6. For purposes of this Agreement, DEQ relies on the following representations by
Prospective Developer as to use and ownership of the Brownfields Property:
a. The Brownfields Property was undeveloped vacant and wooded land prior
to 1938.
b. The southeastern portion of the Brownfields Property (tax parcels
05536934 and 05536945) was developed with a commercial building prior to 1951. The
Woodward Warren Company, a commercial refrigeration sales and service company, occupied
the southeastern portion of the Brownfields Property between at least 1956 and 1963. The

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southeastern portion of the Brownfields Property was occupied by gas station which operated
between 1964 and 1988. Operational names for that facility were Little Rock Crown Service
Station, Little Rock Phillips 66 Service Station, and most recently, Airport Automotive.
Addresses for that facility have been 6100 and 6108 Wilkinson Boulevard. The southeastern
portion of the Brownfields Property has primarily remained vacant since 1988, with periodic
temporary use for prefabricated residential outbuilding sales. Other businesses which previously
occupied the southeastern portion of the Brownfields Property include American Buildings, TSP
Enterprises, and B&R Motors.
c. The northern portion of the Brownfields Property (tax parcels 05536936,
05536937, and 05536959) was developed with a residence prior to 1951. By 1968, the northern
portion of the Brownfields Property was occupied by an automotive salvage yard and by 1969
included a used car dealership and various office tenants. The northern portion of the
Brownfields Property was also occupied by various vehicle rental operations, automotive service
and repair operations, and used car dealerships between 1988 and 2016. Morehead Auto Service
and Art’s Automotive Upholstery have occupied buildings on the northern portion of the
Brownfields Property between 2005 and the present. The remainder of the northern portion of
the Brownfields Property has been vacant since 2016. Other names of businesses which
previously occupied the northern portion of the Brownfields Property include A and A Used
Cars, Nance Brothers Builders, Triangle Rent A Car, Triangle Mini Lease Service, Southern
Contractors Equipment Inc., and Ford and Daughter Used Tires.

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d. The southwest portion of the Brownfields Property (tax parcels 05536932
and 05536933) was developed with a commercial retail/office building in 1974 and has been
occupied by various retail and office tenants since that time through the present. High tension
power lines which lead to the nearby Duke Energy substation transect the southwest portion of
the Brownfields Property. The Hair Network, a hair salon, has occupied the southwest portion of
the Brownfields Property between 1999 and the present. Another business which previously
occupied the southwestern portion of the Brownfields Property was ACS Landscaping.
e. The Brownfields Property is currently owned by members of the Nance
Family or members of the Nance Family in combination with the Albert Daniel Nance Family
Trust.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. Previous environmental assessments, which included the collection of soil
and groundwater samples, were conducted at the Brownfields Property from 1990 to 2018.
b. According to the Environmental Reports, the following underground
storage tanks (USTs) associated with the former gas station were removed from the southeastern
portion of the Brownfields Property: three 6,000-gallon gasoline USTs, one 4,000-gallon diesel
UST, one 250-gallon heating oil UST, one 250-gallon waste oil UST, and two 1,000-gallon
orphan gasoline USTs.
c. Soil and groundwater impacts were initially discovered in the southeastern
portion of the Brownfields Property during the removal of a 4,000-gallon diesel UST in

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December 1990 (UST Incident No. 6951). Subsequently, one 250-gallon heating oil UST and
three 6,000-gallon gasoline USTs were removed from the southeastern portion of the
Brownfields Property in March 1992. Free phase product was observed in the tank basin at the
time of removal and later free phase product was observed in monitoring wells in the
southeastern portion of the Brownfields Property. According to the Environmental Reports,
approximately 900 gallons of product and petroleum-impacted groundwater were removed from
the tank basin and approximately 200 cubic yards of petroleum-impacted soil were removed for
disposal at that time. Free phase product recovery efforts were conducted in the southeastern
portion of the Brownfields Property associated with the former gas station between 1992 and
2015. A Notice of Residual Petroleum was recorded by DEQ’s UST Section regarding UST
Incident No. 6951.
d. Source area soil remedial activities associated with the former gas station
were conducted at the Brownfields Property in January and August 2014 and included the
excavation and disposal of approximately 2,078 tons of petroleum-impacted soil. Excavation
confirmation sample results indicated that two of the ten soil samples contained petroleum-
related compounds at concentrations above the Division of Waste Management Inactive
Hazardous Sites Branch Commercial/Industrial Preliminary Soil Remediation Goals.
e. Based on the results of the most recent groundwater sampling event
associated with the former gas station conducted in March 2016, groundwater contamination
appears to be migrating onto the Brownfields Property from the east adjacent Airport Express
gas station (UST Incident No. 36360).

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8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred in February 2018. The tables set forth in Exhibit 2 to this
Agreement present contaminants present at the Brownfields Property above applicable standards
or screening levels for each media sampled.
9. For purposes of this Agreement DEQ relies on Prospective Developer’s
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (BPA) dated October 23, 2017, an
Amended Brownfields Property Application dated December 20, 2017, and contracting to
purchase the Brownfields Property on January 23, 2017.
10. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a

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public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.

11. The Parties agree that a $30,000 “Redevelopment Now” fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a
change is sought to a Brownfields document after it is in effect, in which case there shall be an
additional fee of at least $1,000.
IV. BENEFIT TO COMMUNITY
12. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. an increase in the Brownfields Property’s productivity;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of jobs for the construction and operation of the hotel, office,

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retail, and restaurant spaces;
d. an increase in tax revenue for affected jurisdictions;
e. additional office, hotel, retail, and restaurant space in the vicinity of the
Charlotte-Douglas International Airport;
f. “smart growth” through use of land in an already developed area, which avoids
development of land beyond the urban fringe (“greenfields”).

V. WORK TO BE PERFORMED
13. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) areas incorporated into the U.S. Green Building Council Leadership in Energy
and Environmental Design certification program (Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Locations & Linkages,
Awareness & Education, Innovation in Design and Regional Priority), or a similar program.
14. Based on the information in the Environmental Reports, and subject to imposition of
and compliance with the land use restrictions set forth below, and subject to Section IX of this
Agreement (DEQ’s Covenant Not to Sue and Reservation of Rights), DEQ is not requiring
Prospective Developer to perform any active remediation at the Brownfields Property other than
remediation that may be required pursuant to a DEQ-approved Environmental Management Plan
(EMP) required by this Section.
15. By way of the Notice of Brownfields Property referenced below in paragraph 20,
Prospective Developer shall impose the following land use restrictions under the Act, running

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with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.
a. No use may be made of the Brownfields Property other than for office, hotel,
retail, restaurant, parking, and, subject to DEQ’s prior written approval, other commercial uses.
For purposes of this restriction, the following definitions apply:
i. “Retail” is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and beverage products. For the purposes of this Agreement, retail excludes
use as a motor fuel storage or dispensing facility.
ii. “Office” is defined as the provision of business or professional services.
iii. “Hotel” is defined as the provision of overnight lodging to paying
customers, and to associated food and beverage services, gym, reservation, cleaning, utilities,
parking, and on-site hospitality, management, meeting room and reception services.
iv. “Restaurant” is defined as a commercial business establishment that
prepares and serves food and beverages to patrons.
v. “Parking” is defined as the temporary accommodation of motor vehicles
in an area designed for same.
vi. “Commercial” is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee. For the purposes of this Agreement, this excludes use
as a dry cleaner using chlorinated solvents or motor fuel storage or dispensing facilities.

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b. The Brownfields Property may not be used for child care centers, adult care
centers or schools without the prior written approval of DEQ.
c. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved
in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in
Exhibit 2 to this Agreement;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil
contamination); and
iv. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment.
d. No use of the Brownfields Property, as specified in subparagraph 15.a., may

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occur until the then-owner of the Brownfields Property conducts representative final grade soil
sampling pursuant to a plan approved in writing by DEQ of any area of the Brownfields Property
that will not be covered by building foundations, sidewalks, or asphaltic or concrete parking
areas and driveways unless otherwise approved in writing by DEQ in advance.
e. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ.
f. No activity that disturbs soil on the Brownfields Property may occur unless and
until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 15.a. above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken and;
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined above in subparagraph 15.c.
g. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ,

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unless conducted in accordance with an approved EMP as outlined above in subparagraph 15.c.
h. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 20 below, may be occupied, until DEQ determines in writing
that:
i. the building is or would be protective of the building’s users, public
health and the environment from risk of vapor intrusion based on site assessment data or a site-
specific risk assessment approved in writing by DEQ;
ii. the building is or would be sufficiently distant from the Brownfields
Property’s groundwater and/or soil contamination based on assessment data approved in writing
by DEQ that the building’s users, public health and the environment will be protected from risk
from vapor intrusion related to said contamination; or
iii. vapor intrusion mitigation measures are installed and/or implemented
to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said
engineer’s professional seal on a report that includes photographs and a description of the
installation and performance of said measures. Any design specification for vapor intrusion
mitigation measures shall be approved in writing by DEQ in advance of installation and/or
implementation of said measures. The design specifications shall include methodology(ies) for
demonstrating performance of said measures.
i. Submitted with the Land Use Restriction Update described below in paragraph
15.o for each year following the effective date of this Agreement for as long as physical

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redevelopment of the Property continues (except that the final deadline shall fall 90 days after
the conclusion of physical redevelopment), the then owner of the Brownfields Property shall
provide DEQ a report subject to written DEQ approval on environment-related activities since
the last report, with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with the EMP
required by subparagraph 15.c above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected
or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
j. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
k. None of the contaminants known to be present in the environmental media at

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the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping
and maintenance activities;
ii. as fuel or other fluids customarily used in vehicles, landscaping
equipment, and emergency generators; and
iii. as constituents of products and materials customarily used and stored
in office, hotel, retail, restaurant, parking, and other commercial use environments provided such
products and materials are stored in original retail packaging and used and disposed of in
accordance with applicable laws.
l. Within 60 days, or in accordance with a schedule approved in writing in
advance by the North Carolina Brownfields Program (NCBP), after the effective date of this
Agreement or prior to land disturbance activities and after consultation with the NCBP,
Prospective Developer shall abandon monitoring wells, injection wells, recovery wells,
piezometers and other man-made points of groundwater access at the Brownfields Property,
except those wells the North Carolina Underground Storage Tank Section requires to remain on
the Brownfields Property, in accordance with Subchapter 2C of Title 15A of the North Carolina
Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days after
doing so, the Prospective Developer shall provide DEQ a report, setting forth the procedures and

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results.
m. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants shall be responsible for repair of any such wells to DEQ’s written satisfaction and
within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance.
n. Any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: “This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the
Mecklenburg County land records, Book ____, Page ____.” A copy of any such instrument shall
be sent to the persons listed in Section XV (Notices and Submissions), though financial figures
and other confidential information related to the conveyance may be redacted to the extent said
redactions comply with the confidentiality and trade secret provisions of the North Carolina
Public Records Law. The owner conveying an interest may use the following mechanisms to
comply with the obligations of this subparagraph: (i) If every lease and rider is identical in form,
the owner conveying an interest may provide DEQ with copies of a form lease or rider
evidencing compliance with this subparagraph, in lieu of sending copies of actual, executed
leases, to the persons listed in Section XV (Notice and Submissions); or (ii) The owner
conveying an interest may provide abstracts of leases, rather than full copies of said leases, to the
persons listed in Section XV.
o. During January of each year after the year in which the Notice referenced

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below in paragraph 20 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to
DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that
the land use restrictions are being complied with. The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact
person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year;
ii. the transferee’s name, mailing address, telephone and facsimile
numbers, and contact person’s e-mail address, if said owner transferred any part of the
Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 15.h. above are performing as designed, and whether the uses of the ground
floors of any buildings containing such vapor barrier and/or mitigation systems have changed,
and, if so, how.
16. The desired result of the above-referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in the Agreement while fully protecting
public health and the environment.
17. The guidelines, including parameters, principles and policies within which the
desired results are to be accomplished are, as to field procedures and laboratory testing, the

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Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section and the Division
of Waste Management Vapor Intrusion Guidance, as embodied in their most current version.
18. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
19. In addition to providing access to the Brownfields Property pursuant to subparagraph
15.j. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.

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20. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property for the Brownfields Property containing, inter alia, the land use restrictions set forth in
Section V (Work to Be Performed) of this Agreement and a survey plat of the Brownfields
Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date of this
Agreement, Prospective Developer shall file the Notice of Brownfields Property in the
Mecklenburg County, North Carolina, Register of Deeds’ Office. Within three (3) days
thereafter, Prospective Developer shall furnish DEQ a copy of the documentary component of
the Notice containing a certification by the register of deeds as to the Book and Page numbers
where both the documentary and plat components of the Notice are recorded, and a copy of the
plat with notations indicating its recordation.
21. This Agreement shall be attached as Exhibit A to the Notice of Brownfields
Property. Subsequent to recordation of said Notice, any deed or other instrument conveying an
interest in the Brownfields Property shall contain the following notice: “This property is subject
to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property
recorded in the Mecklenburg County land records, Book ____, Page ____.” A copy of any such
instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though
financial figures and other confidential information related to the conveyance may be redacted to
the extent said redactions comply with the confidentiality and trade secret provisions of the
North Carolina Public Records Law. Prospective Developer may use the following mechanisms
to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form,
Prospective Developer may provide DEQ with copies of a form lease or rider evidencing

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compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XV (Notices and Submissions); or (ii) Prospective Developer may
provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section
XV.
22. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
VII. DUE CARE/COOPERATION
23. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in subparagraph 35.a. below
of any such required notification.

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VIII. CERTIFICATION
24. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated October 23, 2017, and by the Amended Brownfields
Property Application dated December 20, 2017, by which it applied for this Agreement. That
use is office, hotel, retail, restaurant, parking, and, subject to DEQ’s prior written approval, other
commercial uses. Prospective Developer also certifies that to the best of its knowledge and
belief it has fully and accurately disclosed to DEQ all information known to Prospective
Developer and all information in the possession or control of its officers, directors, employees,
contractors and agents which relates in any way to any past use of regulated substances or known
contaminants at the Brownfields Property and to its qualification for this Agreement, including
the requirement that it not have caused or contributed to the contamination at the Brownfields
Property.
IX. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
25. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of

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the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure

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conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
26. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
27. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
28. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 25 through 27 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.

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X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
29. In consideration of DEQ’s Covenant Not To Sue in Section IX of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above-referenced Notice of Brownfields Property.
XI. PARTIES BOUND
30. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party’s signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XII. DISCLAIMER
31. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer’s duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
32. Except for the land use restrictions set forth in paragraph 15 above and NCGS §

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130A-310.33(a)(1)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XIII. DOCUMENT RETENTION
33. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.

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XIV. PAYMENT OF ENFORCEMENT COSTS
34. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section V (Work to be Performed), it shall be
liable for all litigation and other enforcement costs incurred by DEQ to enforce this Agreement
or otherwise obtain compliance.
XV. NOTICES AND SUBMISSIONS
35. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information, all notices and submissions pursuant to this Agreement shall be
sent by prepaid first-class U.S. mail, as follows:
a. for DEQ:
Brad Atkinson (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:

Neil Kapadia (or successor in function)
RK Investments Charlotte LLC 3800 Pomfret Lane
Charlotte, NC 28211

Notices and submissions sent by prepaid first-class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVI. EFFECTIVE DATE
36. This Agreement shall become effective on the date the Prospective Developer signs

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it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ’s approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in N.C.G.S. § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and invalidate its signature on this Agreement.
XVII. TERMINATION OF CERTAIN PROVISIONS
37. If any Party believes that any or all of the obligations under Section VI
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XVIII. CONTRIBUTION PROTECTION
38. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
39. The Prospective Developer agrees that, with respect to any suit or claim for

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contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
40. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XIX. PUBLIC COMMENT
41. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.

31

21052-17-060 Little Rock Road

IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:

____________________________________________________________________________
Michael E. Scott Date
Director, Division of Waste Management

32

21052-17-060 Little Rock Road

IT IS SO AGREED:
RK INVESTMENTS CHARLOTTE LLC
By:

____________________________________________________________________________
Neil Kapadia Date
Member, RK Investments Charlotte LLC

Exhibit 1 Little Rock Road
Site Location

ID #21052-17-060 / Little Rock Road

1
Exhibit 2

The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on February 16, 2018. The following tables set forth, for contaminants present at the Brownfields Property above unrestricted use standards or screening
levels, the most recent concentration found at each sample location, and the applicable standard
or screening level. Screening levels and groundwater standards are shown for reference only and
are not set forth as cleanup levels for purposes of this Agreement.
GROUNDWATER

Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the
standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, (April 1, 2013 version):
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Most Recent
Concentration
Exceeding
Standard (µg/L)
Standard
(µg/L)
Barium HHTMW-1 2/16/2018 2,190 700 MW-3 2/16/2018 1,740
Benzene
MW-3A 10/21/2003 8,000
1
MW-3B 3/1/2016 57.1
MW-6A 3/1/2016 4,000
MW-8 10/22/2003 8,300
MW-8A 6/23/2014 7,570
MW-8B 3/1/2016 9,600
MW-9 4/13/2015 4.6
MW-10D 10/5/2015 11.4
MW-11 9/14/2001 1,400
MW-11A 3/1/2016 32
MW-19 3/1/2016 196
MW-20 3/1/2016 5,950
MW-22D 3/1/2016 1,760
Chromium (Total) MW-5 2/16/2018 12.3 10
Ethylbenzene
MW-3A 10/21/2003 1,100
600 MW-8 10/22/2003 2,600
MW-20 3/1/2016 3,090
Toluene
MW-3A 10/21/2003 1,300 600 MW-8 10/22/2003 2,600
MW-20 3/1/2016 627

ID #21052-17-060 / Little Rock Road

2
Xylenes (Total)
MW-3A 10/21/2003 2,200
500
MW-6A 3/1/2016 1,958
MW-8 10/22/2003 12,000
MW-8A 6/23/2014 3,810
MW-8B 3/1/2016 2,490
MW-20 3/1/2016 13,400
1,2-Dichloroethane
MW-3B 3/1/2016 0.53
0.4
MW-6A 3/1/2016 18.9
MW-8 10/22/2003 750
MW-8A 6/23/2014 508
MW-8B 3/1/2016 1,150
MW-9 4/13/2015 1.3
MW-15 7/24/2002 1.0
MW-16D 3/1/2016 9.6
MW-20 3/1/2016 133
MW-22D 3/1/2016 111
1,2- Dibromoethane
MW-6A 3/1/2016 0.062
0.02
MW-8A 6/23/2014 19.8
MW-8B 3/1/2016 11.1
MW-20 3/1/2016 21.2
MW-22D 3/1/2016 0.56
Isopropylbenzene
MW-6A 3/1/2016 112
70 MW-8A 6/23/2014 71.6
MW-20 3/1/2016 129
Methyl-tert-butyl
ether
MW-3A 10/21/2003 2,000
20
MW-3B 3/1/2016 66.2
MW-11 9/14/2001 1,200
MW-11A 3/1/2016 448
MW-13 10/18/2011 73.3
MW-19 3/1/2016 428
Naphthalene
MW-3A 10/21/2003 370
6.0
MW-6A 3/1/2016 582
MW-8 10/22/2003 570
MW-8A 6/23/2014 459
MW-8B 3/1/2016 149
MW-11 9/14/2001 62
MW-19 3/1/2016 9.6
MW-20 3/1/2016 632
MW-22D 3/1/2016 126
n-Propylbenzene
MW-6A 3/1/2016 128
70 MW-8A 6/23/2014 95.2
MW-20 3/1/2016 213

ID #21052-17-060 / Little Rock Road

3
GROUNDWATER VAPOR INTRUSION RISK

Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are derived from
the Non-Residential Vapor Intrusion Screening Levels of the Division of Waste Management
February 2018 version):
Groundwater
Contaminant with Potential for Vapor
Intrusion

Sample Location Date of Sampling
Most Recent
Concentration
Exceeding
Screening
Level (µg/L)
Non-
Residential VI
Screening
Level1
(µg/L)
Benzene
MW-3A 10/21/2003 8,000
69
MW-6A 3/1/2016 4,000
MW-8 10/22/2003 8,300
MW-8A 6/23/2014 7,570
MW-8B 3/1/2016 9,600
MW-11 9/14/2001 1,400
MW-19 3/1/2016 196
MW-20 3/1/2016 5,950
MW-22D 3/1/2016 1,760
Ethylbenzene MW-3A 10/21/2003 1,100 150 MW-8 10/22/2003 2,600
Xylenes (Total)
MW-3A 10/21/2003 2,200
320
MW-6A 3/1/2016 1,958
MW-8 10/22/2003 12,000
MW-8A 6/23/2014 3,810
MW-8B 3/1/2016 2,490
1,2-Dichloroethane
MW-8 10/22/2003 750
98
MW-8A 6/23/2014 508
MW-8B 3/1/2016 1,150
MW-20 3/1/2016 133
MW-22D 3/1/2016 111
1,2- Dibromoethane
MW-8A 6/23/2014 19.8
7.7 MW-8B 3/1/2016 11.1
MW-20 3/1/2016 21.2
Naphthalene
MW-3A 10/21/2003 370
150 MW-6A 3/1/2016 582
MW-8 10/22/2003 570
MW-8A 6/23/2014 459
1 Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.

ID #21052-17-060 / Little Rock Road

4
SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial/Commercial Health- Based
Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section
(February 2018 version):
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level (mg/kg)
Industrial/
Commercial
Screening Level1 (mg/kg)
Arsenic HHSB-4 1-2 2/16/2018 4.13 3.0
Benzene Base-1 17 1/7/2014 9.31 5.4 Base-2 15 1/13/2014 13.7
Ethylbenzene Base-1 17 1/7/2014 103 27 Base-2 15 1/13/2014 61.9
Naphthalene Base-1 17 1/7/2014 44.6 18 Base-2 15 1/13/2014 27.9
Total Petroleum Hydrocarbons
(Aliphatic Low)
Base-1 17 1/7/2014 1,200 460 Base-2 15 1/13/2014 5,310
Total Petroleum
Hydrocarbons
(Aromatic Low)
Base-1 17 1/7/2014 393 89 Base-2 15 1/13/2014 2,080
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
-----�FOR THE PURPOSES OF§ N.C.G.S JJOA-310.35
MJCHAEL E. SCOTT, DIRECTOR DmSION OF WAS1E MANAGEMENT STATE OF NORTH CAROLINA COUNTY OF WAKE
ZONING: l-l & l-2
DATE
ZONJNG RESTRICTIONS AS PER ZONING ORDJN.ANCE: SUBJECT PROPERTY ZONED: 1-2
MINIMUM SETBACK: 20' MJNJMUM SIDE YARD: 0 OR 5' * MINIMUM REAR YARD: 10' MAXIMUM BUJWJNG HEIGHT: 40'..,.
* -IN DISTRICT I-2. NO SIDE YARD IS REQUIRED, BUT IFONE JS PROVIDED, IT MUST BE A MINIMUM OF 5 FEET"'* -A BUILDING IN11lIS DISTRICT M4Y BE ERECTED TOA HEIGHT IN EXCESS OF 40 FEET, PROVIDED THE MJNJMUM SIDE YARD JS JNCREASED I FOOT FOR EVERY 2 FEET IN BUILDING HEIGIIT IN EXCESS OF 40 FEET.
FOR FURIHER INFORMATION CONTACT THE CHARLOTTE-MECKLENBURG ZONJNG DEPARTMENT AT 704-3 36-3569.
LEGEND:
CB -CATCH BASIN C&G -CURB AND GUTTER CGF -COMBINED GRID FACTOR CMP-CORRUGATED METAL PIPE CP -CALCULATED POINT D.B. -DEED BOOKDI -DROP INLETECM -EXISTING CONCRETE MONUMENTEIR -EXISTING IRON ROD EIP -EXISTING IRON PIPE EN -EXISTING NAIL EOP -EDGE OF PAVEMENT EU-END UNKNOWN
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PART OF LOTS 11-15, 18, 17A, 17, 16A, 16, & 23 BLOCK 3 "THE WILLIAM HEARN ESTATE" M.B. 4, PG. 577SMA RENTAL PROPERllES, LLC DSA RENTAL PROPERTIES, LLC D.B. 27676, PG. 451PIN: 055-369-39
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BROWNFlELDS AREA 255,394 SQ. FT. OR 5.8630 ACRES i i iPltMl i ·�¥·.;-:�1 :: .. � : !? ?t{{J w
17o��1�:�7J:::: (OWNf��;:i.:��C:lANCE;PLANTATION PIPE iPj :-:1/ .-::-:-:,:c;-:-:-:-I ELSIE f1. t!ANCE; NETTIE S.1 NANCE: & uNE EASEMENT · . . . ....... I NETTIE s.1 N,l,.NCE; & THE ALBERT_jDANIEL NANCE (a.a. •s•1. Pc. 120\. 1, I ! If.{} :f}\\J I THE A��:�N:0�'i-, NANCE 0_i[�����ci.�76 PARCEL 5
LOTS 6 & 7, BLOCK 2 "THE WILLIAM HEARN ESTATE" M.B. 4, PG. 577CU, LLCD.B. 26796, PG. 930PIN: 055-369-31
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NN-NEW NAIL PIN -PARCEL IDENTIFICATION NUMBERPG. -PAGE PM -POWER METER PMH-POWERMANHOLE PP-POWER POLE RCP-REINFORCED CONCRETEPIPE RIW -RIGHT-OF-WAY SDMH -STORM DRAIN LINE SSMH -SANITARY SEWER MANHOLE (1)-TOTAL 1MH -TELEPHONE MANHOLE WM-WATER METER BROWNFIEWSPROPERTYLINF, RIGHT-OF -WAY (NOT SURVEYED) BOUNDARY ADJACENT OVERHEAD ELECTRIC UNDERGROUND ELECTRIC STORM DRAIN LINE SANITARY SEWER LINE FENCE GAS LINE UNDERGROUND TELEPHONE LINE FIBER OPTIC llNE
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jee
GRAPHIC SCALE 4-�-------------0__ 210 410 r --< IN FEET ) 1 inch � 40 ft.
. "
. "
. "
Lb@'u' 71
Lb@'\/' ®
CP NC GRID NAD6.3 N: 546,321.62' E: 1,419,853.57'
LINE L1 L2 BEARING DISTANCE S84"10'55"W 8.66' S73"29'52"E 37.94'
LP
SITE ;-
VICINITY MAP NOTTO SCALE
t
2.NO RECOVERABLE NGS MONUMENT LOCATED WlTHlN 2,000 FEET OF SUBJECTPROPERTY.
3. THIS SURVEY WAS PEJIFORMED WITHOUT BENEFIT OF A TITLE COMMITMENTREPORT. R.B. PHARR & ASSOCIATES, P.A. DOES NOT CLAIM THAT ALL MA1TERS OFRECORD WHICH MAY OR MAY NOT AFFECT THE SUBJECT PROPERTY ARE SHOWNHEREON.
4. ALL AREAS SHOWN HEREON WERE DETERMINED BY COORDINATE COMPUTATION
5. BROKEN LINES UNLESS THEY HA VE A METES AND BOUNDS DESCRIPTION, INDICATEPROPERTY LINES NOT SURVEYED.
6. PARKWOOD AVENUE ISSHOWNAS A "MAJOR THOROUGHFARE"ONTHEMECKLENBURG-UN ION METROPOLITAN PLANNING ORGANIZATION IBOROUGHFAREPLAN OF 2004 AND MAY BE SUBJECT TO A FUTURE RIGHT-OF-WAY OF 40' FROMCENTERLINE.7.IBE OFF-SITE RIGHT-OF-WAY SHOWN HEREON IS FOR ILLUSTRATIVE PURPOSESONLY. THE UNDERSIGNED CERTIFIES ONLY TO THE RIGHT-O F-WAYS SURVEYED, ANDDOES NOT CERTIFY TO THE RIGHT OF WAY wmm OF ANY ADJACENT PROPERTIES.
8. THE AREAS AND TYPES OF CONT.AM/NATION DEPICTED HEREON AREAPPROXIMA.TJONS DERIVED FROM THE BEST AVAILA.JJLE INFORMATION AT THETIME OF FILING. A UST/NG OF mE TECHNICAL REPORTS USED TO PREPARE TmsPLAT ARE AVAILABLE JN THE BROWN FIELDS AGREEMENT FOR THIS PROPERTY.
9. AIL DISTANCES SHOWN HEREON ARE HORIZONTAL GROUND DISTANCES ,UNLESSOTHER WISE NOTED.
NOT SUBJECT TO
THIS PLAT IS NOT SUBJECT TO THE PROVISIONS OF THE CITY OF CHARL01TE OR MECKLENBURG COUNTY SUBDIVISION ORDINANCES AND DOES NOT REQUIRE THE APPROVAL OF THE CHARLOTTE-MECKLENBURG PLANNING COMMISSION HOWEVER, ANY FURTIIER SUBDIVISION OF THIS PROPERTY MAY BE SUBJECT TO THESE PROVISIONS. CHARLOTTE-MECKLENBURG PLANNING COMMISSION
PLANNING COMMISSION STAFF DATE
REVIEW OFFICER'S CERTIFICATE
I, __________ REVIEWOFFICER OF MECKLENBURG COUNTY. CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED MEEIS ALL STATUTORY REQUIREMENTS FOR RECORDING.
REVIEW OFFICER DATE
GPS CERTIFICATION:
L CHARLES E. BELL. CERTIFY THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL GPS SURVEY MADE UNDER MY SUPERVISION AND THE FOILOWING INFORMATION WAS USED TO PERFORM THE SURVEY: (I)CLASS OF SURVEY.· CLASSM(J.-20.000)(2) POSITIONAL ACCURACY.-HORZ. NORIB�0.00045 EAST�0.00I6 VERT.�0.005(3)TYPE OF GPS FIELD PROCEDURE.-REAL-TIME KINEMATIC(4) DATES OF SURVEY: APRIL 1, 2017(5) DATUM/EPOCH.-NAD8 3(20ll), NAVD 88(6) PUBUSHEDIFIXED-C ONTR.OL USE: NGS MONUMENT "McDOWELL"(7)GEOJDMODEL· GEOJDI2B(CONUS)(8) COMBINED GRJD FACTOR(S).-0.99984487(9) UNITS: US SURVEY FEET
SURVEYOR'S CERTIFICATE:
STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG ------------------N8113'53"WJJ.357.45•fGR00Nof __________ --1\_ L IBE UNDERSIGNED SURVEYOR, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACWAL SURVEY MADE UNDER MY SUPERVISION (DEED REFERENCE: 15669-261 THRU 279, 23440-381, 2579-312); THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION AS REFERENCED ON THE FACE OF IBIS PLAT; THAT THE RATIO OF PRECISION AS CALCULATED EXCEEDS 1: 10,000 LINEAR FEET; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY ORIGDvAL SIGNAWRE, UCENSE NUMBER AND SEAL THIS /st DAY OF .MAY, A.D., 2017.
JJ,J57.45'(GRID) 'I --------------CGF:0.99984487 -----ANGS MONUMENT "McDOWELL n NC GRID NAD63 N:541,237.39' E: 1,452,616.02' ELEV-681. 79'
TfilSPLAT IS OF A SURVEY OF AN EXISTING PARCEL OR PARCELS OF LAND.
FLOOD CERTIFICATION:
THIS IS TO CERTIFY THAT THE SUBJECT PROPERTY IS NOTLOCATED IN A SPECIAL FLOOD HAZARD AREA AS SHOWN ON MAPS PREPARED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL INSURANCE ADMINISTRATION, DATED SEPTEMBER 2, 2015 . MAP NUMBER: 3710451400K; ZONE X
CHARLES E. BELL, PLS (L-4804) DATE
SHEET 1 OF2:
REVISIONS
CREW: DRAWN: REVISED:
BS BM
TOTAL AREA: 255,394 SQ. FT. OR 5.8630 ACRES
EXHIBITB
to the Notice of Brownfields Property
SURVEY PLAT PROJECT: LITTLE ROCK ROAD REDEVELOPMENT OWNER: THE ALBERT DANIEL NANCE FAMILY TRUST Et al (AS SHOWN HEREON) PROSPECTIVE DEVELOPER: RK INVESTMEN1S CHARLOTTE LLC (NCBF # 20152-17-060); 6108, 6120, 6128 WILKINSON BOULEVARD 3000. 3012 LITTLE ROCK ROAD CITY OF CHARLOTTE, MECKLENBURG COUNTY, NC DEED REFERENCE: 15669-261, 264, 267, 276, & 279; 23440-381: 2579-312; TAX PARCEL NO: 055-369-32, -33. -34. -36, -37. -45, & -59
R.B. PHARR & ASSOCIATES, P.A. SURVEYING & MAPPING LICENSURE NO: C-1471 420 HAWTHORNE LANE CHARLOTTE, N.C. 28204 TEL [phone]
SCALE: DA TE: FILE NO. W-5346BF 1 "=40' MAY 1, 2017 JOB NO. 87996 PLOTTED: 5/16/2016 G:\87\9\87996\DWG\87996.DWG Exhibit BFull sized plat map filed separately
Exhibit C
Legal Description Being that certain parcel of land lying and being in the City of Charlotte, Mecklenburg County, North
Carolina, and being more particularly described as follows: BEGINNING at a new nail situated on the northerly margin of the right-of-way of Wilkinson Boulevard
(100’ public r/w); said nail being within Lot 5, Block 2, “The William Hearn Estate” as shown in Map Book 4, Page 577 of the Mecklenburg County Public Registry; thence within Lot 5, Block 2, N 02°54'00" E a distance of 248.96 feet to a ½”existing iron rod; said iron being situated on the southerly line of Lot
26, Block 2 of said map; thence with the southerly line of Lots 26, 27, & 28, Block 2, S 87°07'36" E passing a 5/8”existing iron rod at a distance of 79.84 feet for a total distance of 129.87 feet to an existing
concrete monument; said monument being the common corner of Lots 2, 3, 28, & 29, Block 2 of said
map; thence with Lot 28, Block 2, N 02°13'33" E a distance of 49.78 feet to a ¾”existing iron rod; thence leaving Lot 28, Block 2 and crossing Lots 29 & 30, Block 2, S 87°13'17" E a distance of 102.85 feet to an
existing concrete monument; said monument being situated on the easterly line of Lot 30, Block 2 of said
map; thence with the easterly line of Lot 30, Block 2, N 03°07'42" E a distance of 168.84 feet to a 5/8”existing iron rod; said iron being the westerly most corner of Lot 23, Block 3 of said map; thence
with Lot 23, S 54°35'47" E a distance of 64.96 feet to a 1”existing iron rod; said iron being the southerly most corner of Lot 23, Block 3 of said map; thence with Lot 23, Block 3, N 35°02'23" E a distance of 199.99 feet to a ¾” existing iron rod; said iron being the westerly most corner of Lot 18, Block 3 of said
map; thence with Lot 18 & Lot 9, Block 3, S 54°30'21" E a distance of 383.50 feet to a ½”existing iron pipe situated on the northwesterly margin of the right-of-way of Little Rock Road (72’ public r/w) and being on the southwesterly line of Lot 9, Block 3 of said map; thence with the northwesterly margin of
the right-of-way of Little Rock Road, S 34°54'28" W a distance of 470.58 feet to a ½”new iron rod marking the intersection with the northerly margin of the right-of-way of Wilkinson Boulevard; thence with the northerly margin of Wilkinson Boulevard, two (2) courses and distances as follows: 1) with the
arc of a circular curve turning to the left having a radius of 5,779.58 feet, an arc length of 205.26 feet, (chord: N 86°07'12" W, 205.24 feet) to a ¾”existing iron rod; 2) N 87°08'14" W a distance of 262.46 feet
back to the Point and Place of BEGINNING; containing 255,394 sq. ft. or 5.8630 acres according to a
survey by R. B. Pharr & Associates, P. A. dated May 1, 2017. Job No. 87996.