21056 Yons Property PC Package 2018.08.21

Goodwin, Caroline E
From: Goodwin, Caroline E
Sent: Tuesday, August 21, 2018 2:36 PM
To: 'Ralph McGee'
Cc: Jon Morris; 'John Core'; Pete Kidwell; Peter McGrath; Scott, Michael; Nicholson, Bruce; Wahl, Tracy;
Leonard, Laura; Watson, Samuel; Liggins, Shirley; Day, Collin; Jesneck, Charlotte
Subject: Yons Property Proceed to Public Notice (BP#21056-17-060)
Attachments: 21056 Yons Property PC Package 2018.08.21.pdf
Dear Ralph,
Based on acceptance by the Prospective Developer of drafts of all four required brownfields documents -- the 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 the Brownfields Agreement (Exhibit A to the NBP) -- and DEQ's
approval of the plat component of the NBP, Prospective Developer may now proceed to the tasks required by NCGS §
130.310.34(a) in connection with the required public notice and comment period of at least 30 days regarding the subject
brownfields project. Those tasks are as follows:
1. Publish the approved SNI in a newspaper of general circulation serving the area in which the brownfields property is
located,
2. Conspicuously post a copy of the SNI at the brownfields property,
3. Mail or deliver the SNI to each owner of property contiguous to the brownfields property,
4. Provide a copy of the full NI to the local location where it will be available for public review as stated in the SNI, and
5. Provide a copy of the full NI, consisting of the one -page NI and the NBP with its three exhibits (the Brownfields
Agreement, the survey plat, and the legal description), to all local governments having jurisdiction over the brownfields
property.
Pursuant to NCGS § 130.310.34.(b), the public comment period shall begin following completion of the above tasks. The
NI and SNI, with a date filled in representing our belief as to how long it will take you to complete those tasks by
August 23, 2018 are attached hereto. The comment period shall not end any sooner than 30 days after you complete the
tasks.
NCGS § 130.310.34(b) also requires the Prospective Developer to submit documentation of the public notices to DEQ
prior to DEQ entering into a Brownfields Agreement. That documentation shall be submitted by promptly providing to
me, preferably at caroline.goodwinkncdenr.gov or at Brownfields Program, 1646 Mail Service Center, Raleigh, NC
27699-1646, the following:
• Affidavit of publication of the SNI from the newspaper or a copy of the SNI published in the newspaper which
shows the name of the newspaper and the date of publication,
• Photos of the SNI posted at the site, one close up to show the wording and one far enough to show the posting
location relative to the property,
• Copies of the cover letters and copies of the mailing receipts stamped by the post office or copies of the delivery
service receipts for the SNI sent to contiguous property owners,
• A letter confirming receipt of the full NI from each local government entity and the entity where the document
will be available for viewing or delivery confirmation from the carrier confirming such receipt by these entities.
Thank you for your attention to these matters. If you have any questions or require additional information, you may
contact me.

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m-aline Goodwin
Project Manager, Brow fields Program
North Camffiia Depaitment of Environim Wal Quality
919.707,$37 (Office)
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From: Nicholson, Bruce
To: Goodwin, Caroline E; Dugue, Tony
Cc: Wahl, Tracy; Scott, Michael; Wendell, Kimberly B; Liggins, Shirley; Lorscheider, Ellen
Subject: RE: Yons Property Approval to Public Comment
Date: Tuesday, August 21, 2018 1:44:38 PM
Attachments: image002.pnng
Caroline,
Thank you! You are good to go to public comment.
Bruce
From: Goodwin, Caroline E
Sent: Tuesday, August 21, 2018 1:20 PM
To: Nicholson, Bruce <[e-mail]>; Duque, Tony <[e-mail]>
Cc: Wahl, Tracy <[e-mail]>; Scott, Michael <[e-mail]>; Wendell,
Kimberly B <[e-mail]>; Liggins, Shirley <[e-mail]>;
Lorscheider, Ellen <[e-mail]>
Subject: RE: Yons Property Approval to Public Comment
Bruce,
Please see the attached documents that have been updated with Tony's comments. I have also
updated the footers on the SNI and NI to reflect the PC start date. Let me know if you have any
additional comments, revisions, or questions.
Best,
e�ovjrl) E
Caroline Goodwin
Project Manager, Bro3, wfields Pro rrr)rr
I oilh Carolbia Dep ninent of Environmental Quality
91 .707.8376 (Office)
Cax Wic_Good,,viiY iicdeiit.gov
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From: Nicholson, Bruce
Sent: Tuesday, August 21, 2018 12:52 PM
To: Duque, Tony <tony.duque(@ncdenr.gov>; Goodwin, Caroline E <Caroline.Goodwin(CDncdenr.gov>
Cc: Wahl, Tracy <trac)z.wahl(@ncdenr.gov>; Scott, Michael <michael.scott(@ncdenr.gov>; Wendell,
Kimberly B <kimberly.wendell(@ncdenr.gov>; Liggins, Shirley <shirley.liggins(@ncdenr.gov>;
Lorscheider, Ellen <ellen.lorscheider(@ncdenr.gov>
Subject: RE: Yons Property Approval to Public Comment
Caroline,
Once those changes are made, I will need to see this for quick final approval review before it goes out

for public comment. And thank you ... it's so great that we are getting one we did not think we were
getting!
Thanks,
Bruce
From: Duque, Tony
Sent: Tuesday, August 21, 2018 12:42 PM
To: Goodwin, Caroline E <Caroline.GoodwinPncdenr.gov>
Cc: Wahl, Tracy <tracy.wahl(@ncdenr.gov>; Scott, Michael <michael.scott(@ncdenr.gov>; Wendell,
Kimberly B <kimberly.wendelIPncdenr.gov>; Liggins, Shirley <shirley.liggins(@ncdenr.gov>; Nicholson,
Bruce <bruce.nicholsonPncdenr.gov>
Subject: RE: Yons Property Approval to Public Comment
Caroline — With the PD now having accepted the current version of the draft BFA, I have completed
my review of the final draft documents for the Yons Property, as follows:
• The changes previously made to the BFA, all of which I agree with, need to be accepted in the
attached document;
• The NI, the SNI, Exhibit 1 (Location Map) and the Exhibit C (Legal Description) are all good -to -go
as submitted to me... no proposed changes;
• My read of Gary Thompson's plat review is that he has no issues with the draft plat as
submitted to him;
• I've made the following three proposed edits to the draft NBP, and changed the document's
name to reflect today's date...
o Top of p.2, changed the few words in red text to black (in the event it is copied on a b&w
printer, the red sometimes disappears);
• LUR 13.a on p.5, for clarity's sake, added "of the attached Exhibit A" and deleted the
word "above" ; and
• Removed the reference to the NBP shell and changed the date of the draft in the footer.
• The single change to the LURs in the NBP will need to be made to that same LUR on the plat,
but that can be made during public comment period.
One last note... after you've 1) accepted all the changes in these draft documents, and they've
been 2) spell -checked and are all "clean" and 3) renamed with today's date (date of approval to
proceed to PN/PC... which is just my convention), be sure to upload them to Laserfiche.
Great work, Caroline, working with the various parties to bring this one across the finish line!! -
Tony
Tony Duque
Brownfields Project Manager
Division of Waste Management - Brownfields
NC Department of Environmental Quality
919.707.8380 direct & fax

tony.duque&ncdenr.gov
1646 Mail Service Center
Raleigh, NC 27699-1464
City, State ZIP
Nothing Compares.
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Goodwin, Caroline E
Sent: Tuesday, August 21, 2018 11:17 AM
To: Nicholson, Bruce <bruce.nicholson(cDncdenr.gov>; Duque, Tony <tony.duque(@ncdenr.gov>
Cc: Wahl, Tracy <tracy.wahl(@ncdenr.gov>; Scott, Michael <michael.scott(@ncdenr.gov>; Wendell,
Kimberly B <kimberly.wendell(@ncdenr.gov>; Liggins, Shirley <shirley.liggins(@ncdenr.gov>
Subject: Yons Property Approval to Public Comment
Good Morning Bruce and Tony,
Please see the attached documents for the Yons Property public comment period. Please let me
know if you have any questions or comments.
Best,
Caroline Goodwin
Projecr Afanager, Brou-P fields Program
Nortli Carolina Depait neat of F.nuirmmental QlWity
919.707.8376 (Office)
Caroline_Goudwi2y r ncdmir-gov
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SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Site Name: Yons Property
Brownfields Project Number: 21056-17-060
Pursuant to NCGS § 130A-310.34, BIN — JP Road LLC, as Prospective Developer, has filed with
the North Carolina Department of Environmental Quality ("DEQ") a Notice of Intent to Redevelop a
Brownfields Property ("Property") in Charlotte, Mecklenburg County, North Carolina. The Brownfields
Property, consists of 18.5 acres and is located at 9812 and 9908 John Price Road. Environmental
contamination exists on the Brownfields Property in soil, soil gas, groundwater, and surface water. BIN
— JP Road LLC has committed itself industrial, warehousing, office, retail, parking, and subject to DEQ's
prior written approval, other commercial uses on the Brownfields Property. The Notice of Intent to
Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement between DEQ and
BIN — JP Road LLC, which in turn includes (a) a map showing the location of the Property, (b) a
description of the contaminants involved and their concentrations in the media of the Property, (c) the
above -stated description of the intended future use of the Brownfields Property, and (d) proposed
investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in
accordance with NCGS § 130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at Charlotte
Mecklenburg Public Library, Robinson -Spangler Carolina Room, 310 North Tryon Street, Charlotte, NC
28202, [phone]; or at the offices of the N.C. Brownfields Program, 217 West Jones Street,
Raleigh, NC or by contacting Shirley Liggins at that address, at shirley.ligginskncdenngov, or at (919)
707-8383. The full Notice of Intent may also be viewed online at the DEQ public record database,
Laserfiche, by entering the project number 21056-17-060 into the search bar at the following web
address: http://edocs.deq.nc.gov/WasteMana-e�.
Written public comments may be submitted to DEQ within 30 days after the latest of the
following dates: the date this Notice is (1) published in a newspaper of general circulation serving the
area in which the Brownfields Property is located, (2) conspicuously posted at the Brownfields Property,
and (3) mailed or delivered to each owner of property contiguous to the Brownfields Property. Written
requests for a public meeting may be submitted to DEQ within 21 days after the period for written public
comments begins. Those periods will start no sooner than August 23, 2018, and will end on the later of:
a) 30 and 21 days, respectively, after that; or b) 30 and 21 days, respectively, after completion of the
latest of the three (3) above -referenced dates. All public comments and public meeting requests should
be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
21056-17-060/Yons Property (8/21 /2018)

NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY
Site Name: Yons Property
Brownfields Project Number: 21056-17-060
North Carolina's Brownfields Property Reuse Act (the "Act"), North Carolina General Statutes
("NCGS") § 130A-310.30 through 130A-310.40, provides for the safe redevelopment of properties that may
have been or were contaminated by past industrial and commercial activities. One of the Act's
requirements is this Notice of Intent to Redevelop a Brownfields Property approved by the North Carolina
Department of Environmental Quality ("DEQ"). See NCGS § 130A-310.34(a). The Notice of Intent must
provide, to the extent known, a legal description of the location of the brownfields property, a map showing
the location of the Brownfields Property, a description of the contaminants involved and their
concentrations in the media of the Brownfields Property, a description of the intended future use of the
Brownfields Property, any proposed investigation and remediation, and a proposed Notice of Brownfields
Property prepared in accordance with NCGS § 130A-310.35. The party ("Prospective Developer") who
desires to enter into a Brownfields Agreement with DEQ must provide a copy of this Notice to all local
governments having jurisdiction over the Brownfields Property. The proposed Notice of Brownfields
Property for a particular brownfields project is attached hereto; the proposed Brownfields Agreement,
which is attached to the proposed Notice of Brownfields Property as Exhibit A, contains the other required
elements of this Notice. Written public comments may be submitted to DEQ within 30 days after the latest
of the following dates: the date the required summary of this Notice is (1) published in a newspaper of
general circulation serving the area in which the Brownfields Property is located, (2) conspicuously posted
at the Brownfields Property, and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written requests for a public meeting may be submitted to DEQ within 21 days
after the period for written public comments begins. Those periods will start no sooner than August 23,
2018 and will end on the later of: a) 30 and 21 days, respectively, after that; or b) 30 and 21 days,
respectively, after completion of the latest of the three (3) above -referenced dates. All comments and
meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
21056-17-060/Yons Property (8/21/2018)
1

Property Owner: BIN — JP Road LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Site Name: Yons Property
Brownfields Project Number: 21056-17-060
This documentary component of a Notice of Brownfields Property ("Notice"), as well as the plat
component, have been filed this day of 201_ by BIN — JP Road 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 an 18.5-acre parcel (Mecklenburg County parcel 20117106) located at 9812
and 9908 John Price Road in Charlotte, Mecklenburg County. The Brownfields Property has been vacant since
the demolition of the residential properties in the 1980s and 1990s. Environmental contamination exists on the
Brownfields Property in soil, soil gas, groundwater, and surface water. BIN — JP Road, LLC has committed itself
to industrial, warehousing, office, retail, parking, and subject to DEQ's prior written approval, other commercial
uses.
21056-17-060/Yons Property (Draft 8/21/2018)

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 industrial, warehousing, office, retail,
parking, and subject to DEQ's prior written approval, other commercial uses. For purposes of this restriction, the
following definitions apply:
a. Industrial defined as the manufacturing, assembly, fabrication, processing, warehousing or
distribution of goods or materials.
b. Warehousing is defined as the use of a commercial building for storage of goods by manufacturers,
importers, exporters, wholesalers, transport businesses among others and also refers to the storage of goods and
materials for a specific commercial establishment of a group of establishments in a particular type of industry or
commercial activity.
c. Office defined as the provision of business or professional services.
d. 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.
e. Parking defined as the temporary accommodation of motor vehicles or tractor trailers in an area
designed for same.
21056-17-060/Yons Property (Draft 8/21/2018)
2

f. Commercial defined as an enterprise carried on for profit or nonprofit by the owner, lessee or
licensee.
2. The Brownfields Property may not be used for child care, adult care centers or schools without the prior
written approval of DEQ.
3. Unless compliance with this Land Use Restriction is waived in writing by DEQ in advance in regard to
particular activity, no activities that encounter, expose, remove or use groundwater (for example, installation of
water supply wells, ponds, lakes or swimming pools, or construction or excavation activities that encounter or
expose groundwater) may occur on the Brownfields Property 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. Prior sampling and analysis of groundwater to the written
satisfaction of DEQ in any areas proposed for such activities, and submittal of the analytical results to DEQ is
required. If such results reflect contaminant concentrations that exceed the standards and screening levels
applicable to the uses authorized for the Brownfields Property, the groundwater -related activities proposed may
only occur in compliance with any written conditions DEQ imposes. Activities 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 No. 1 above while fully protecting public health and the environment.
4. 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 it has been determined 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; or
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.
5. Results of assessment activities completed at the Brownfields Property referenced in paragraphs 7 and 8
of the attached Exhibit A, indicate that the 220,683-square foot industrial building referenced in subparagraph
9.d. of the attached Exhibit A, is both protective of the building's users, public health and the environment from
risk of vapor intrusion based on site assessment data, and sufficiently distant from the Brownfields Property's
groundwater contamination. Therefore, subparagraphs 4.a and 4.b of Land Use Restriction No. 4 above have
been satisfied to the satisfaction of DEQ and vapor mitigation measures are not needed for the 220,683-square
foot industrial building.
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
21056-17-060/Yons Property (Draft 8/21/2018)

DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in Land Use
Restriction No. 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;
d. in connection to work conducted in accordance with a DEQ-approved Environmental Management
Plan (EMP) as outlined in Land Use Restriction No. 12.
7. No use of the Brownfields Property may occur until the then owner of the Brownfields Property conducts
representative final grade soil sampling of the Brownfields Property pursuant to a plan approved in writing by
DEQ that is not covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways.
8. 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 in Land Use Restriction No. 12.
9. Surface water at the Brownfields Property may not be used for any purpose, other than in connection with
legally compliant storm water collection and reuse techniques, without the prior written approval of DEQ.
10. Unless compliance with this Land Use Restriction is waived in writing in advance by DEQ in relation to
particular buildings, demolition and/or renovation of any or all buildings on the Brownfields Property depicted
on the plat component of this Notice shall be in accordance with applicable legal requirements, including without
limitation those related to lead and asbestos abatement that are administered by the Health Hazards Control Unit
within the Division of Public Health of the North Carolina Department of Health and Human Services.
11. Any and all stream restoration activities conducted by the Prospective Developer on the Brownfields
Property shall be implemented in accordance with requirements imposed by the United States Army Corps of
Engineers and/or the North Carolina Division of Water Quality.
12. 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,
21056-17-060/Yons Property (Draft 8/21/2018)
4

oil -water separators, soil contamination); and
d. plans for the proper characterization of, and, as necessary, disposal of contaminated soils
excavated during redevelopment;
13. Within 90 days after each one-year anniversary of the effective date of the attached Exhibit A for as long
as physical redevelopment of the Brownfields 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 Section V: Work to be Performed
of the attached Exhibit A;
b. 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).
14. 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.
15. 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 of the attached Exhibit A (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 may use the following mechanisms to comply with the obligations of this Land Use
Restriction: (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 Land Use Restriction, in lieu of sending
copies of actual, executed leases, to the persons listed in said Section XV; or (ii) The owner conveying an interest
may provide abstracts of leases, rather than full copies of said leases, to the persons listed in said Section XV.
16. 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 constituents of fuels, lubricants and oils in emergency generators, machinery, equipment and
21056-17-060/Yons Property (Draft 8/21/2018)
5

vehicles in on -board tanks integral to said equipment or in flammable liquid storage containers totaling no more
than 25 gallons; or
c. in products or materials that are brought onto the Brownfields Property, kept in their original
packaging or containers (that is, not used or repackaged) and later removed from the Brownfields Property in the
original packaging or containers.
17. 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 1 st 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 1 st, this Notice containing these land use restrictions remains recorded at the Mecklenburg
County Register of Deeds office and that these 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 soil caps (hardscape materials, clean soil, stone) and landscaping required by Land Use
Restriction No. 6 above are being inspected and maintained to prevent erosion and/or human exposure to
contaminated soil or other media.
d. LURU's submitted for any portion of the Brownfields Property that contains rental units shall
include a list of tenants and their addresses.
e. A LURU submitted for rental units shall include the rent roll and enough of each lease entered into
during the previous calendar year to demonstrate compliance with lessee notification requirements in Land Use
Restriction No. 15 above and paragraph 21 of the attached Exhibit A provided that if standard form leases are
used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual leases.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ official
referenced in subparagraph 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.
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6

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 , 201_.
BIN JP Road LLC
Jon L. Morris:
Manager:
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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7

10
************************************
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
Michael E. Scott
Director, Division of Waste Management
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8
Date

EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: BIN — JP Road LLC
UNDER THE AUTHORITY OF THE
BROWNFIELDS PROPERTY REUSE ACT
OF 1997, NCGS § 130A-310.30, et SeMc .
Brownfields Project # 21056-17-060
L INTRODUCTION
BROWNFIELDS AGREEMENT re:
Yons Property
9812 and 9908 John Price Road
Charlotte, MecklenburgCount
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and BIN — JP Road LLC (collectively the
"Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
SeMc . (the "Act") for the property located at 9812 and 9908 John Price Road in Charlotte,
Mecklenburg County, North Carolina 28273 (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.
BIN — JP Road LLC is a member -managed North Carolina limited liability company
created with the North Carolina Secretary of State's office on November 17, 2017. BIN — JP
Road LLC is fully owned by Beacon Industrial LLC. The registered agent is Timothy C.
Shaughnessy and the mailing address is 500 East Morehead Street, Suite 200 in Charlotte, NC
28202. BIN — JP Road LLC plans to redevelop the Brownfields Property for industrial,
warehousing, office, retail, parking, and subject to DEQ's prior written approval, other
commercial uses. The Brownfields Property comprises one parcel (PIN 20117106) totaling
approximately 18.5 acres and consisting of undeveloped, wooded land.
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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 BIN — JP Road LLC for contaminants at the Brownfields Property.
The Parties agree that BIN — JP Road LLC's entry into this Agreement, and the actions
undertaken by BIN — JP Road LLC in accordance with the Agreement, do not constitute an
admission of any liability by BIN — JP Road LLC for contaminants at the Brownfields Property.
The resolution of this potential liability, in exchange for the benefit BIN — JP Road 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 BIN — JP Road LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property comprises one parcel totaling approximately 18.5 acres.
Prospective Developer has committed itself to redevelopment for no uses other than for
industrial, warehousing, office, retail, parking, and subject to DEQ's prior written approval, other
2
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commercial uses.
4. The Brownfields Property is bordered to the north by industrial and commercial
businesses including: City Electric Supply Westinghouse, Dodson Pest Control, Ahern Rentals,
Metrolina Steel Incorporated, and Carter Lumber; to the northeast by the Charlotte -Mecklenburg
Police Department; to the east by Bank of America and retail businesses; to the southeast by
John Price Road, beyond which is Budget Truck Rental and South Tryon Street; to the south by
John Price Road, beyond which is Law Offices of Douglas H Kim, Steele Creek Tire & Service
Center, Arrowood Medical Center, and vacant land; and to the west by residential properties and
agricultural land.
5. Prospective Developer obtained or commissioned the following reports, referred to
hereinafter as the "Environmental Reports," regarding the Brownfields Property:
Title
Prepared by
Date of Report
Phase I & II Environmental Site Assessment
Report — 9812 & 9908 John Price Road
Hart & Hickman, PC
November 17, 2017
Brownfields Assessment Report — Yons
Property
Hart & Hickman, PC
July 10, 2018
Supplemental Soil Gas Report
Hart & Hickman, PC
DRAFTING
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 utilized, in part, as agricultural and wooded land
from at least 1938 until the mid-1960s.
b. The Brownfields Property was utilized for residential purposes since at least
1949 until the mid- 1980s. From 1949-1951, one or two residences were located on the southeast
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portion of the Brownfields Property. From 1951-1968, two additional residences were
constructed on the central and southeast portions of the Brownfields Property. All four of the
residences located on the Brownfields Property were demolished between 1976 and 1988. Two
brick and concrete foundations are currently located on the Brownfields Property and will be
removed from the Brownfields Property during its redevelopment.
c. The Brownfields Property was vacant, wooded land from 1988 until 2017.
d. The Prospective Developer currently owns the Brownfields Property. The
Prospective Developer purchased the Brownfields Property on December 19, 2017. Since
ownership, the Prospective Developer has conducted environmental sampling, land clearing
activities, and grading at the Brownfields Property in accordance with the Brownfields Program.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. A partially buried 650-gallon heating oil Underground Storage Tank (UST)
and downed power pole and pole -mounted transformer were discovered during the September
19, 2017 site reconnaissance.
b. On October 18, 2017, the vicinity of the UST was sampled and analyzed for
Volatile Organic Compounds (VOCs) and Semi -Volatile Organic Compounds (SVOCs). There
was a detection of 1,3,5-Trimethylbenze at 0.17 mg/kg, which is below the Inactive Hazardous
Sites Branch Preliminary Industrial Health -Based Soil Remediation Goals (IHSB Industrial
PSRGs) of 320 mg/kg. On February 26, 2018 the UST was excavated and one soil sample was
collected at the base and analyzed for Total Petroleum Hydrocarbon Diesel Range Organics
2
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(TPH DRO), VOCs, SVOCs, and RCRA Metals. There were no detections above applicable
standards. The UST was transported off of the Brownfields Property to be recycled. The
excavation was backfilled with the previously excavated overburden soil.
c. On October 18, 2017, the vicinity of the transformer was sampled for SVOCs
and Polychlorinated Biphenyls (PCBs via EPA Method 8082A); there were no detections above
laboratory reporting limits. The transformer was removed by Duke Energy on October 6, 2017.
d. On October 18, 2017, six temporary soil vapor monitoring points were installed
at the Brownfields Property within the future building footprint. On October 19, 2017 soil gas
samples were collected and sent to Con -Test Analytical Laboratory for analysis of VOCs by
EPA method TO-15. VOCs were detected in the soil vapor samples but in concentrations below
Residential and Non -Residential Sub -slab and Exterior Soil Gas Screening Levels (SGSLs).
e. Tributaries to Steele Creek transect the northern portion of the Brownfields
Property. One tributary enters the Brownfields Property from the northern property boundary
and flows from north to south. The other tributary enters the Brownfields Property from the
eastern property boundary and flows from east to west. These two tributaries then meet in the
central portion of the site and flow west, off the Brownfields Property, to Steele Creek. Stream
sediment and surface water samples were collected and analyzed for VOCs, SVOCs, and RCRA
Metals. With the exception of arsenic, detections were below NC DEQ Preliminary Soil
Remediation Goals (PSRGs) for both Residential Health based and Industrial/Commercial based
goals for the sediment samples. Arsenic was detected at concentrations exceeding the
Industrial/Commercial PSRG in the sediment sample collected downstream of the northern and
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eastern tributary confluence in the central portion of the Brownfields property. Cadmium,
Selenium, and Silver were detected above the Chronic Freshwater Screening Values (NCAC 2B
Standard, September 22, 2017 version).
f. A former water supply well, which was decommissioned by Hart & Hickman,
PC on April 3, 2018, is located on the western portion of the Brownfields Property. The water
supply well is constructed with a 3-inch steel pipe that utilized pumps to return water to the
surface for use. A groundwater sample was collected February 26, 2018 from the water supply
well. Cis-1,2-dichloroethene, 1, 2-Dichloropropane, Tetrachloroethylene, Trichloroethylene, and
Vinyl Chloride were detected above the NCAC 2L Standard. Trichloroethylene was also
detected above the Non -Residential DWM Vapor Intrusion Screening Levels (VISLs).
g. On August 6, 2018, two temporary soil gas samples (SGP-IA and SGP-2A)
were collected in the same location as the previous temporary soil gas sample locations SGP-1
and SGP-2 to evaluate the potential for season fluctuations in compound concentrations and to
confirm that no exposure pathway for potential vapor intrusion is present in the area of the
industrial building. VOCs were detected in the soil vapor samples but in concentrations below
Residential and Non -Residential Sub -slab and Exterior Soil Gas Screening Levels (SGSLs).
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on August 6, 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
IN
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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 November 17, 2017, and
the following:
Property.
a. On December 19, 2017, Prospective Developer purchased the Brownfields
b. From February 23-26, 2018, Hart & Hickman conducted environmental
sampling at the Brownfields Property on behalf of Prospective Developer.
c. On May 1, 2018, Prospective Developer began construction activities at the
Brownfields Property in accordance with a DEQ approved EMP.
d. On August 4-6, 2018, Hart & Hickman conducted environmental sampling at
the Brownfields Property on behalf of Prospective Developer.
e. Grading activities and construction of the 220,683-square foot industrial
building and associated parking at the Brownfields Property are scheduled to be completed by
December 31, 2018.
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-
7
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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
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:
N.
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a. a return to productive use of the Brownfields Property and elimination of the
drawbacks of unoccupied property;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of jobs during construction and redevelopment as well as
permanent commercial and industrial jobs after redevelopment is completed;
d. an increase in tax revenue for affected jurisdictions;
e. additional commercial and industrial space for the area;
f. aesthetic enhancements, and
g. "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
I
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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) or Living Environmental Management Plan (LEMP) 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
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 industrial,
warehousing, office, retail, parking, and subject to DEQ's prior written approval, other
commercial uses. For purposes of this restriction, the following definitions apply:
i. Industrial defined as the manufacturing, assembly, fabrication,
processing, warehousing or distribution of goods or materials.
ii. Warehousing is defined as the use of a commercial building for storage
of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others
and also refers to the storage of goods and materials for a specific commercial establishment of a
group of establishments in a particular type of industry or commercial activity.
iii. Office defined as the provision of business or professional services.
iv. 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.
10
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v. Parking defined as the temporary accommodation of motor vehicles or
tractor trailers in an area designed for same.
vi. Commercial defined as an enterprise carried on for profit or nonprofit
by the owner, lessee or licensee.
b. The Brownfields Property may not be used for child care, adult care centers or
schools without the prior written approval of DEQ.
c. Unless compliance with this Land Use Restriction is waived in writing by DEQ
in advance in regard to particular activity, no activities that encounter, expose, remove or use
groundwater (for example, installation of water supply wells, ponds, lakes or swimming pools, or
construction or excavation activities that encounter or expose groundwater) may occur on the
Brownfields Property 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. Prior sampling and analysis of
groundwater to the written satisfaction of DEQ in any areas proposed for such activities, and
submittal of the analytical results to DEQ is required. If such results reflect contaminant
concentrations that exceed the standards and screening levels applicable to the uses authorized
for the Brownfields Property, the groundwater -related activities proposed may only occur in
compliance with any written conditions DEQ imposes. Activities 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
11
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environment.
d. 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 it has been determined 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; or
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.
e. Results of assessment activities completed at the Brownfields Property
referenced in paragraphs 7 and 8 above, indicate that the 220,683 square foot industrial building
referenced in paragraph 9.d. above, is both protective of the building's users, public health and
12
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the environment from risk of vapor intrusion based on site assessment data, and the building is
sufficiently distant from the Brownfields Property's groundwater contamination. Therefore,
subparagraphs 15.d.i. and 15.d.ii. above have been satisfied to the satisfaction of DEQ and vapor
mitigation measures are not needed for the 220,683 square foot industrial building.
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 in subparagraph 151.
g. No use of the Brownfields Property may occur until the then owner of the
Brownfields Property conducts representative final grade soil sampling of the Brownfields
Property pursuant to a plan approved in writing by DEQ that is not covered by building
foundations, sidewalks, or asphaltic or concrete parking areas and driveways.
13
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h. 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 in subparagraph 151.
i. Surface water at the Brownfields Property may not be used for any purpose,
other than in connection with legally compliant storm water collection and reuse techniques,
without the prior written approval of DEQ.
j. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
in paragraph 20 below shall be in accordance with applicable legal requirements, including
without limitation those related to lead and asbestos abatement that are administered by the
Health Hazards Control Unit within the Division of Public Health of the North Carolina
Department of Health and Human Services.
k. Any and all stream restoration activities conducted by the Prospective
Developer on the Brownfields Property shall be implemented in accordance with requirements
imposed by the United States Army Corps of Engineers and/or the North Carolina Division of
Water Quality.
1. 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
14
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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;
Exhibit 2;
ii. issues related to potential sources of contamination referenced in
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;
in. Within 90 days after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields 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 Section V: Work
15
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to be Performed 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).
n. 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.
o. 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
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redactions comply with the confidentiality and trade secret provisions of the North Carolina
Public Records Law. The owner 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.
p. None of the contaminants known to be present in the environmental media at
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 constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on -board tanks integral to said equipment or in flammable
liquid storage containers totaling no more than 25 gallons; or
iii. in products or materials that are brought onto the Brownfields
Property, kept in their original packaging or containers (that is, not used or repackaged) and later
removed from the Brownfields Property in the original packaging or containers.
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q. During January of each year after the year in which the Notice referenced
below in paragraph 20 is recorded, the owner of any part of the Brownfields Property as of
January 1 st 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 1 st, 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 soil caps (hardscape materials, clean soil, stone) and
landscaping required by subparagraph 15.e above are being inspected and maintained to prevent
erosion and/or human exposure to contaminated soil or other media.
iv. LURU's submitted for any portion of the Brownfields Property that
contains rental units shall include a list of tenants and their addresses.
v. A LURU submitted for rental units shall include the rent roll and enough
of each lease entered into during the previous calendar year to demonstrate compliance with lessee
notification requirements in subparagraph 15.n. and paragraph 21 of this agreement provided that
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if standard form leases are used in every instance, a copy of such standard form lease may be sent
in lieu of copies of actual leases.
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
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.m. 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
19
21056-17-060/Yons Property (DRAFT 8/21/2018)

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.
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
20
21056-17-060/Yons Property (DRAFT 8/21/2018)

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
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
21
21056-17-060/Yons Property (DRAFT 8/21/2018)

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 below in subparagraph 35.a.
of any such required notification.
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 November 17, 2017, by which it applied for this
Agreement. That use is industrial, warehousing, office, retail, parking, and commercial purposes
with prior written approval of DEQ. 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
22
21056-17-060/Yons Property (DRAFT 8/21/2018)

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
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,
23
21056-17-060/Yons Property (DRAFT 8/21/2018)

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
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 SeMc .
28. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
24
21056-17-060/Yons Property (DRAFT 8/21/2018)

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.
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
25
21056-17-060/Yons Property (DRAFT 8/21/2018)

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 §
130A-310.33(a)(l)-(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
26
21056-17-060/Yons Property (DRAFT 8/21/2018)

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.
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:
Caroline Goodwin (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:
Jon Morris (or successor in function)
BIN — JP Road LLC
500 East Morehead Street, Suite 200
Charlotte, NC 28202
27
21056-17-060/Yons Property (DRAFT 8/21/2018)

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
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 affect 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).
W.
21056-17-060/Yons Property (DRAFT 8/21/2018)

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
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
29
21056-17-060/Yons Property (DRAFT 8/21/2018)

withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.
IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Michael E. Scott Date
Director, Division of Waste Management
IT IS SO AGREED:
BIN — JP Road LLC, a North Carolina limited liability company
By: Beacon Industrial Holdings LLC,
a North Carolina limited liability company, its Manager
By: Beacon GP LLC,
a North Carolina limited liability company, its Manager
in
Jon L. Morris, Manager
30
Date
21056-17-060/Yons Property (DRAFT 8/21/2018)

APPROXIMATE
N 0 2000 4000
SCALE IN FEET
U.S.G.S. QUADRANGLE MAP
CHARLOTTE WEST, NORTH CAROLINA 1996
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)

Exhibit 2
The most recent environmental sampling at the Property reported in the Environmental
Reports occurred on August 6, 2018. The following table tables set forth, for contaminants
present at the Property above unrestricted use standards or screening levels, the concentration the
maximum and the most recent concentration found at each sample location, and the applicable
standard or screening level. Screening levels and groundwater and surface water 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) and Non -Residential Vapor Intrusion
Screening Levels of the Division of Waste Management (February 2018 version):
Concentration
NCAC
Non -
Groundwater
Groundwater
Sample
Date of
Exceeding
2L
Residential
Contaminant
Location
Sampling
Standard
Standard
VI Screening
Screening
Leell
(µg/L)
(µg/L)
(gg/L
1,2-Dichloroethene
WSW-9812
2/26/2018
81.8
70
NS2
cis
1,2
WSW-9812
2/26/2018
5.96
0.6
30
Dichloro ro ane,
Tetrachloroeth lene
WSW-9812
2/26/2018
12.7
7
48
TMW-1
2/26/2018
13.4
Trichloroethylene
3
4.4
WSW-9812
2/26/2018
7.79
WSW-9812
2/26/2018
2.02
TMW-1
2/26/2018
<0.18
TMW-2
2/26/2018
<0.18
TMW-2
2/26/2018
<0.18
Vinyl Chloride
0.03
25
Du -1
TMW-3
2/26/2018
<0.18
TMW-4
2/26/2018
<0.18
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.
2 NS — Screening level or regulatory not established.
21056-17-060/Yons Property (8/16/2018)

SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial Health- Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section
(February 2018 version):
Concentration
Soil
Sample
Depth
Date of
Exceeding
Industrial
Contaminant
Location
(ft)
Sampling
Screening
Screening
Level
Level (mg/kg)
(mg/ k
BKG-2
2-4
2/23/2018
4.25
BKG-3
3-5
2/23/2018
<21.1
Arsenic
SED-3
0-0.5
2/21/2018
14.4 J
3
SED-3
0-0.5
2/21/2018
(Du-2)
22.2 J
SED-4
0-0.5
2/21/2018
<11.2
'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-6 lifetime incremental cancer risk.
2The IHSB's tabulated generic industrial use preliminary remediation goal ("remedial goal") for arsenic is
3.0 mg/kg. However, the IHSB generic preliminary remediation goal conservatively assumes the
presence of additional soil contaminants that have the same health effects, a factor not present at this site.
The IHSB guidelines also allow for the development of site -specific remediation goals when appropriate.
The North Carolina Brownfields Program is statutorily required to apply standards at each brownfields
site that are only as stringent as necessary to make the site suitable for the uses specified in the Agreement
while fully protecting public health and the environment. This Agreement's arsenic remedial goal
("screening level") was developed using site -specific factors through a Human Health Risk Assessment
conducted pursuant to U.S. EPA risk assessment guidance. The site -specific remedial goal for arsenic is
35 mg/kg. The area with soil sampling results greater than 35 mg/kg must be addressed in accordance
with requirements and restrictions specified in the Agreement. Such a restriction is consistent with the
human health risk assessment.
J - Detected concentration is above the laboratory method detection limit, but below the laboratory
reporting limit. Therefore, the reported concentration is an estimated value.
21056-17-060/Yons Property (8/16/2018)
2

SOIL GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from Non -Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (February 2018 version):
Soil Gas Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Non -
Residential
Screening
Limit'
/m
Dichlorobenzene, 1,3-
SGP-1
10/19/2017
4.1
NS2
SGP-2
10/19/2017
6
SGP-3
10/19/2017
7
SGP-4
10/19/2017
4.8
SGP-5
10/19/2017
6.8
SGP-6
10/19/2017
6.2
Trichlorofluoromethane
SGP-1
10/19/2017
1.5
NS
SGP-lA
8/6/2018
1.5 J
SGP-2
10/19/2017
1.4
SGP-2A
8/6/2018
1.2 J
SGP-3
10/19/2017
1.2
SGP-4
10/19/2017
1.2
SGP-5
10/19/2017
1.6
SGP-6
10/19/2017
1.3
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.OE-5 lifetime incremental cancer risk.
Z NS — Screening level or regulatory not established.
J - Detected concentration is above the laboratory method detection limit, but below the laboratory
reporting limit. Therefore, the reported concentration is an estimated value.
21056-17-060/Yons Property (8/16/2018)

SURFACE WATER
Surface water contaminants (in micrograms per liter, the equivalent of parts per billion),
the unrestricted use standards for which are contained in Title 15A of the North Carolina
Administrative Code, Subchapter 2B, Rule .0208 (June 30, 2016 version):
Surface Water
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Standard
(µg/L)
Freshwater Screening
Values
(µg/L)
Chronic
Acute
Barium
SW-1
2/21/2018
100
NS
NS
SW-2
2/22/2018
117
SW-3/Dup-I
2/21/2018
103/104
SW-4
2/21/2018
100
Cadmium"
SW-1
2/21/2018
<0.5
0.15
3.09
SW-2
2/22/2018
<0.5
SW-3/Dup-I
2/21/2018
<0.5
SW-4
2/21/2018
<0.5
Lead A*
SW-1
2/21/2018
<2
0.4
13.88
SW-2
2/22/2018
<2
SW-3/Dup-I
2/21/2018
<2
SW-4
2/21/2018
<2
Mercury^
SW-1
2/21/2018
<0.1
0.012 (t)
NS
SW-2
2/22/2018
<0.1
SW-3/Dup-I
2/21/2018
<0.1
SW-4
2/21/2018
<0.1
2-Methylnaphthalene
SW-1
2/21/2018
0.409 J
NS
NS
SW-2
2/22/2018
<0.4
SW-3/Dup-I
2/21/2018
<0.385
SW-4
2/21/2018
<0.4
Naphthalene
SW-1
2/21/2018
0.788 J
NS
NS
SW-2
2/22/2018
<0.37
SW-3/Dup-I
2/21/2018
<0.356/0.287 J
21056-17-060/Yons Property (8/16/2018)
4

SW-4
2/21/2018
<0.37
Selenium^
SW-1
2/21/2018
6.2 J
5
20
Silver A*
SW-1
2/21/2018
<3
0.06
0_3
SW-2
2/22/2018
<3
SW-3/Dup-I
2/21/2018
<3
SW-4
2/21/2018
<3
^- Screening value is for total metals. A conversion factor (CF) was used to convert the screening value
for total metals in surface water to a screening value for dissolved emtals in surface water. CMC
(dissolved) = CMC (total) x CF. See Table lb for screening values for dissolved metals.
* - The freshwater screening value is hardness dependent. The screening value shown in Table la is for
total metals assuming a hardness of 50 mg/L as CaCO3. A correction for site -specific hardness was based
on equations listed in Tables lb and lc. If hardness data are unavailable hardness may be estimated as: H
= 2.497 X Ca (mg/L) + 4.118 X Mg (mg/L).
Red font indicates a bioaccumulative chemical.
J - Detected concentration is above the laboratory method detection limit, but below the laboratory
reporting limit. Therefore, the reported concentration is an estimated value.
t — Based on total recoverable metal.
2 NS — Screening level or regulatory not established.
21056-17-060/Yons Property (8/16/2018)

OWNER:
BIN - JP ROAD LLC
500 EAST MOREHEAD ST., STE. 200
CHARLOTTE, NC 28202
DETAIL DRAWING "A"
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N DB 27585 PG 168 6"CURB O
- - - - - - - 6"CURB
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DRAINAGE EASEMENT
DB 5148 PG 446
3 FIRST 30' CURB CUT 3
a LOCATION PER MUTUAL SECOND 30' CURB CUT �p
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a n DS 8061 PG 168 AGREEMENT 2
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8 A� av PID #201-171-06 ��,� �� PROPERTIES -MAP 1 / V J a
6 \ I / - o MB 26 PG 552
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PID #201-171-22 Z mQ
36.27' / TOTAL AREA:
TIE LINE / / 3 e�� 804,190 SQ.FT. os �=
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��i j Q BKG-3 29,297 SQ. FT. 2 L3 ce 3° G� i 1IZE\R
tiF pj 0.6726 ACRES �� G CP cc i .00 \ RODGER D. GALLOWAY '
,-SW-4/ �P oQ c i�0 \ and wife,
096A.0 SW-4/ �,� �� , 00 6 \ PHYLLIS F. GALLOWAY
25\ DB 23014 PG 841
90, 6' SO WSW-9812 CP p c� / R Mg' ��G \ PID #201-181-01
/ P NGI
7llATTATr_.
SUBJECTPROPERTYZONED: I4 (LIGHTINDUSTRIAL)
MINIMUM SETBACK: 20 FEET
MINIMUM SIDE YARD: 0 OR 5 FEET*
MINIMUMREAR YARD: 10FEET
*IN I -I DISTRICTS, NO SIDE YARD IS REQUIRED BUT IF ONE IS
PROVIDED, IT MUST BE A MINIMUM OF 5 FEET
FOR FURTHER ASSISTANCE CONTACT
THE CITY OF CHARLOTTE ZONING OFFICE AT 704-432-4392.
LEGEND:
C&G - CURB & GUTTER
CB - CATCH BASIN
CP - CALCULATED POINT
DB - DEED BOOK
ECM - EXISTING CONCRETE MONUMENT
EIP - EXISTING IRON PIPE
EIR - EXISTING IRON ROD
EMM - EXISTING METAL MONUMENT
EN - EXISTING NAIL
EOP - EDGE OF PAVEMENT
EU- END UNKNOWN
FC - FIRE CONNECTION
FES - FLARED END SECTION
FH - FIRE HYDRANT
GM - GAS METER
LP - LIGHT POLE
(M) - MEASURED
MB - MAP BOOK
MW -MONITORING WELL
NGS - NATIONAL GEODETIC SURVEY
NIR - NEW IRON ROD
NN - NEW NAIL
NTS - NOT TO SCALE
PID - PARCEL IDENTIFICATION NUMBER
PP - POWER POLE
PG - PAGE
(R) - RECORDED
RIW - RIGHT-OF-WAY
RCP - REINFORCED CONCRETE PIPE
SDMH - STORM DRAIN MANHOLE
SSMH - SANITARY SEWER MANHOLE
(T) - TOTAL
TERR. - TERRACOTTA PIPE
WV- WATER VALVE
F. B. YOUNGBLOOD and wife,
PEGGY P. YOUNGBLOOD
DB 9978 PG 784
PID #201-171-05
LINE & SYMBOL LEGEND:
POSSIBLE GAP
(DOES NOT AFFECT THE
BIN - JP ROAD LLC PROPERTY
AS PER DESCRIPTION RECORDED
IN DB 32351, PG 376)
EASEMENT
BROWNFIELDSPROPERTYLINE
PROPERTYLINE
PROPERTY LINE (NOT SURVEYED) - -
RIGHT-OF-WAY
RIGHT-OF-WAY (NOT SURVEYED) - - - - - - -
SETBACK -
SANITARYSEWER PIPE ss
STORMDRAINPIPE SD
WATER WELL SUPPLY O
TEMPORARY MONITORING WELL LOCATION
SOIL BORING LOCATION O
SOIL VAPOR SAMPLE LOCATION
SURFACE WATERISEDIMENT SAMPLE LOCATION
G 6 �r1 ro P 0 C\
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1
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1
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DB 28950 PG 411
TRACT 1 A OF \
GPS CERTIFICATION:
6�
6g A
a /
1-10� /
MB 23 PG 642 \
PID #201-181-02
I, ANDREW B. BAKER, CERTIFY THAT THIS MAP WAS DRAWN UNDER MY
QQ�
SUPERVISION FROMANACTUALGPS SURVEYMADEUNDERMYSUPER VISIONAND
THE FOLLOWING INFORMATION WAS USED TO PERFORM THE SURVEY-
(1) CLASS OF SURVEY: A(1:10, 000)
LINE TABLE:
(2) POSITIONAL ACCURACY.• HORZ. NORTH=0.00055 EAST=0.01185 VERT.=0.00925
(3) TYPE OF GPS FIELD PROCEDURE: REAL-TIME KINEMATIC
F /
3"NAIL IN PIPE
1/2"EIR(BASE) d /
/
/
SSMH
GRAPHIC SCALE
40 80 160
( IN FEET )
1 inch = 80 ft.
LINE
BEARING
DISTANCE
L1
S76° 16'06"W
24.44'
L2
S82°37'53"W
59.98'
L3
S79°20'02"W
100.15'
L4
S74°18'49"W
100.06'
L5
S67°55'41 "W
100.1 1'
L6
S62°49'20"W
58.12'
L7
S59° 12' 12"W
81.60'
L8
S80° 16'32"W
149.58'
L9(TIE)
N80°16'32"E
28.52'
L10
S72°21'25"W
13.68'
L11
S33°40'10"W
4.45'
L12
S09°58'19"W
4.09'
L13
S20° 17'46"E
4.86'
L14
N40°51'32"E
59.87'
L15
N46°32'32"E
121.65'
L16
N38°01'29"E
44.05'
L17
N85°47'22"E
43.41'
L18
N24°56'05"E
30.41'
L19
N35°39'17"E
30.15'
L20
N72°05'56"E
40.15'
CURVE TABLE:
CURVE
RADIUS
ARC LENGTH
CHORD LENGTH
CHORD BEARING
Cl
250.00'
160.52'
157.78'
S01 °15'26"W
C2
858.30'
197.16'
196.73'
S73°41'41 "W
C3
1048.30'
96.18'
96.14'
S64°29'08"W
C4
1048.30'
73.65'
73.63'
S59°50'41 "W
C5
5695.99'
49.97'
49.97'
S57°34'51 "W
(4) DATE OF SURVEY- SEPTEMBER 16, 2017
(5) DATUM/EPOCH: NAVD88
(6) PUBLISHED/FIXED-CONTROL USE: NGS MONUMENT "LOWES"
(7) GEOID MODEL: GEOIDI2B(CONUS)
(8) COMBINED GRID FACTOR: 0.99984905
(9) UNITS: US SURVEYFEET
SURVEYOR'S CERTIFICATE:
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
I, THE UNDERSIGNED SURVEYOR, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY
SUPERVISION FROMANA CTUAL SURVEYMADE UNDER MY SUPERVISION
(DEED REFERENCE 32351-376); THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY
INDICATED AS DRAWN FROM INFORMATION AS REFERENCED ON THE FACE OF THIS
PLAT THAT THE RATIO OF PRECISIONAS CALCULATED EXCEEDS]: 10, 000 LINEAR
FEET THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. \����� ° C A 1� O i/
WITNESS MY ORIGINAL SIGNATURE, LICENSE NUMBER AND SEAL THIS 3 0 th DAY ��� ° ° ° °, L f x
OF JULY A.D., 2018. p o �ESSI0
O
�eo4 y°o9
SEAL
THIS SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND AND DOES NOT CREATE = o r L-4542 =
A NEW STREET OR CHANGE AN EXISTING STREET. ° �' �O[�°o
7130118 ///SEW B
ANDREW B. BAKER, PLS (L-4542) DATE 111111111
email:[e-mail]
FLOOD CERTIFICATION
THIS IS TO CERTIFY THAT THE SUBJECT PROPERTY IS NOT
LOCATED IN A SPECIAL FLOOD HAZARD AREA AS SHOWN ON
MAPS PREPARED BY THE FEDERAL EMERGENCYMANAGEMENT
AGENCY, FEDERAL INSURANCE ADMINISTRATION, DATED
S_E_P_T_E_M_B_E_R2, 2015
MAP NUMBER: 3710451000K; ZONE Y' SHEET I OF 2
T
s
MICHAEL E. SCOTT, DEPUTYDIRECTOR
DIVISION OF WASTE MANAGEMENT
STATE OF NORTH CAROLINA
COUNTY OF WAKE
REVIEW OFFICER:
s
,Vp
9p 'P
KfsnHGHOUSe 80��EVq
RO
SITEm
� m
P
rn
a5
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S•
VICINITY MAP
NOT TO SCALE
THE PURPOSES OFN.C.G.S. 130A-310.35
DATE
I, , REVIEW OFFICER
OF MECKLENBURG COUNTY, CERTIFY THAT THE MAP OR PLAT TO WHICH THIS
CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING.
REVIEW OFFICER
NOT SUBJECT TO
DATE
THIS PLAT IS NOT SUBJECT TO THE PROVISIONS OF THE CITY OF CHARLOTTE OR
MECKLENBURG COUNTY SUBDIVISION ORDINANCES AND DOES NOT REQUIRE THE
APPROVAL OF THE CHARLOTTE-MECKLENBURG PLANNING COMMISSION.
HOWEVER, ANY FURTHER SUBDIVISION OF THIS PROPERTY MAY BE SUBJECT TO
THESE PROVISIONS.
CHARLOTTE-MECKLENBURG PLANNING COMMISSION
PLANNING COMMISSION STAFF
DATE
NOTES:
1. ALL CORNERS MONUMENTED AS SHOWN.
2. NO RECOVERABLE NGS MONUMENT LOCATED WITHIN 2, 000 FEET OF SUBJECT
PROPERTY.
3. THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE COMMITMENT REPORT.
R.B. PHARR & ASSOCIATES, P.A. DOES NOT CLAIM THAT ALL MATTERS OF RECORD WHICH
MAY OR MAY NOT AFFECT THE SUBJECT PROPERTYARE SHOWN HEREON.
4. BROKENLINES UNLESS THEY HAVE A METES AND BOUNDS DESCRIPTION, INDICATE
PROPERTYLINES NOT SURVEYED.
5. THE OFF -SITE RIGHT-OF-WAY SHOWN HEREON IS FOR ILLUSTRATIVE PURPOSES ONLY.
THE UNDERSIGNED CERTIFIES ONLY TO THE RIGHT-OF-WAYS SURVEYED, AND DOES NOT
CERTIFY TO THE RIGHT OF WAY WIDTH OF ANYADJACENT PROPERTIES.
6. PHYSICAL IMPROVEMENTS MAY EXIST THAT ARE NOT SHOWN HEREON.
7. SITE LOCALIZED TONGS MONUMENT 'NGS MONUMENT 'ZOWES". ALL DISTANCES ARE
HORIZONTAL GROUND DISTANCES UNLESS OTHERWISE NOTED.
8. SEE SHEET 2 OF 2 FOR LAND USE RESTRICTIONS AND CONTAMINANT TABLES.
9. THE AREAS AND TYPES OF CONTAMINATIONDEPICTED HEREONARE APPROXIMATIONS
DERIVED FROM THE BEST AVAILABLE INFORMATION AT THE TIME OF FILING.
10. BOUNDARYINFORMATIONSHOWN HEREON WAS TAKEN FROMASURVEYPERFORMED
AND PREPARED BY R. B. PHARR & ASSOCIATES, P.A., DATED OCTOBER 17, 2017, BEARING JOB
NO. 87458 AND MAP FILE NO. W-5447.
NOTE:
THE ATTACHED SHEET IS PART OF A SET. THE SURVEY WILL BE
CONSIDERED VOID IF IT DOES NOT CONTAIN ALL SHEETS THAT
MAKE UP THE SET IN ITS ENTIRETY.
TOTAL BROWNFIELDS AREA:
804,190 SQ.FT. OR 18.4617 ACRES
PLOTTED: 8/16/2018
G:\88\5\88528\88528.DWG

The most recent environmental sampling at the Property reported in the Environmental
Reports occurred on February 26, 2018. The following table tables set forth, for contaminants
present at the Property above unrestricted use standards or screening levels, the concentration the
maximum and the most recent concentration found at each sample location, and the applicable
standard or screening level. Screening levels and groundwater and surface water 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) and Non -Residential Vapor Intrusion
Screening Levels of the Division of Waste Management (February 2018 version):
Concentration
NCAC
Non -
Groundwater
Sample
Date of
Exceeding
2L
Residential
Contaminant
Location
Sampling
Standard
Standard
VI Screening
Level
(Ag/L)
(IIg/L)
IL)
l,2-Dic() theme
WSW-9812
2/26/2018
81.8
70
NS=
cis
cis
1,2
❑ichloro ro ane,
WSW-9812
2/26/2018
5.96
0.6
30
TMW-1
2/26/2018
13.4
Trichloroethylene
3
4.4
WSW-9812
2/26/2018
7.79
WSW-9812
2/26/2018
2,02
TMW-1
2/26/2018
<0.18
TMW-2
2/26/2018
<0.18
TMW-2
2/26/2018
<0.18
Vinyl Chloride
0.03
25
Du -1
TMW-3
2/26/2018
<0.18
TMW-4
2/26/2018
<0.18
1 Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a l .OE-5 lifetime incremental cancer risk.
2 NS - Screening level or regulatory has not been established.
SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial Health- Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section
(February 2018 version):
Concentration
Industrial
Soil
Sample
Depth
Date of
Exceeding
Screening
Contaminant
Location
(ft)
Sampling
Screening
Level
Level
(mg/kg)
(mg/kg)
BKG-2
2-4
2/23/2018
4.25
BKG-3
3-5
2/23/2018
<21.1
SED-3
0-0.5
2/21/2018
14.4 J
Arsenic
3
SED-3
0-0.5
2/21/2018
22.21
Du -z
SED-4
0-0.5
1 2/21/2018
<l 1.2
'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-6 lifetime incremental cancer risk.
2The IHSB's tabulated generic industrial use preliminary remediation goal ("remedial goal") for arsenic is
3.0 mglkg. However, the IHSB generic preliminary remediation goal conservatively assumes the
presence of additional soil contaminants that have the same health effects, a factor not present at this site.
The IHSB guidelines also allow for the development of site -specific remediation goals when appropriate.
The North Carolina Brownfields Program is statutorily required to apply standards at each brownfields
site that are only as stringent as necessary to make the site suitable for the uses specified in the Agreement
while fully protecting public health and the environment. This Agreement's arsenic remedial goal
("screening level") was developed using site -specific factors through a Human Health Risk Assessment
conducted pursuant to U.S. EPA risk assessment guidance. The site -specific remedial goal for arsenic is
35 mg/kg. The area with soil sampling results greater than 35 mg/kg must be addressed in accordance
with requirements and restrictions specified in the Agreement. Such a restriction is consistent with the
human health risk assessment.
Soil. GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from Non -Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (February 2018 version):
Soil Gas Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (lg/m'}
Non -
Residential
Screening
Limit
SGP-1
10/19/2017
4.1
SGP-2
10/19/2017
6
SGP-3
10/19/2017
7
❑ichlorobenzene, 1,3-
NS'
SGP-4
10/19/2017
4.8
SGP-5
10/19/2017
6.8
SGP-6
10/19/2017
6.2
SGP-1
10/19/2017
1.5
SGP-2
10/19/2017
1.4
SGP-3
10/19/2017
1.2
1'richlorofluoromethane
NS'
SGP-4
10/19/2017
1.2
SGP-5
10/19/2017
1.6
SGP-6
10/19/2017
1.3
1 NS - Screening level or regulatory has not been established.
SURFACE WATER
Surface water contaminants (in micrograms per liter, the equivalent of parts per billion),
the unrestricted use standards for which are contained in Title 15A of the North Carolina
Administrative Code, Subchapter 213, Rule .0208 (June 30, 2016 version):
Surface Water
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Standard
(PgfL)
Freshwater Screening
Values
(pgfL)
Chronic
Acute
Barium
SW-2
2/22/2018
117
NS2
NS-'
SW-3/Dup-1
2/21/2018
1031104
SW-4
2/21/2018
100
Cadmium^*
SW-2
2/22/2018
<0.5
0.15
3.09
SW-31Dup-1
2/21/2018
<0.5
S W-4
2/21/2018
<0.5
Lead A*
SW-2
2/22/2018
<2
0.4
13.88
SW-3/Dup-1
2/21/2018
c2
SW-4
2/21/2018
<2
Mercury^
SW-2
2/22/2018
<0.1
0.012 (t)
NS'
SW-3/Dup-1
2/21/2018
<0.1
SW-4
2/21/2018
<0.1
2-Methylnaphthalene
SW-2
2/22/2018
<0.4
NS2
NS'-
SW-31Dup-1
2/21/2018
<0.385
SW-4
2/21/2018
<0.4
Naphthalene
SW-2
2/22/2018
<0.37
NS2
NS2
SW-31Dup-1
2/21/2018
<0.356/0.287 J
SW-4
2/21/2018
<0.37
Silver^*
S W-2
2/22/2019
<3
0.06
0.3
S W-31Dup-1
2/21/2018
<3
S W-4
2/21/2018
c3
^- Screening value is for total metals. A conversion factor (CF) was used to convert the screening value
for total metals in surface water to a screening value for dissolved metals in surface water. CM
(dissolved) = CMC (total) x CF. See Table lb for screening values for dissolved metals.
* - The freshwater screening value is hardness dependent. The screening value shown in Table 1 a is for
total metals assuming a hardness of 50 mglL. as CaCO3. A correction for site -specific hardness was based
on equations Iisted in Tables 1 b and 1 c. If hardness data are unavailable hardness may be estimated as: H
= 2.497 x Ca (mg/L) + 4.118 x Mg (mg/L).
Red font indicates a bioaccumulative compound.
t - Based on total recoverable metal.
'- NS - Screening level or regulatory has not been established.
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 DENR (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 DENR 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 multi family residential,
retail, office, and, subject to DENR's prior written approval, other commercial uses. For
purposes of this restriction, the following definitions apply.
a. "Multi -Family Residential" refers to multi -unit human dwellings, such as duplexes,
triplexes, quadriplexes, condominia, town homes, or apartments. Single family homes are
prohibited unless waived in writing by DENR in advance
b. "Retail" refers to the sale ofgoods, products, or merchandise di r ctly to the
consumer.
c. "Office " refers to the rendering of business or profession is
d. "Commercial" refers to a business enterprise.
2. Child care centers or adult care centers or schools a ohibited w' ho written
approval of DENR.
3. Surface water and groundwater at the Brown ds erty of be used for any
purpose without the prior written approval of
4. No building other than parking garage be c c ed on the Brownfields Property
unless and until DENR determines in wiitin
a. the building would be s tly d an the Brownfields Property's
groundwater and/or soil conta in b ding's users, public health and the
environment will be protected from rn rom or intrusion related to said contamination;
or
b. a plan for a vapo in igation system, approved in writing by DENR in
advance and incl ing a p sed p formance assessment for demonstration of the systems
protection of the uilding's ers, public health and the environment from risk from vapor
intrusion, i m l ented tot satisfaction of a North Carolina -licensed professional
engineer, plementation report, bearing the seal of said engineer, that
inclu photogra hs a a description of the installation and performance assessment of the
m ataQn system.
'qqkkn o he odfaminants known to be present in the environmental media at the
BrI gelds perty, including those appearing in Exhibit A paragraph 8 of this Notice,
may or stored at the Brownfields Property without the prior written approval of
DENR, cept in de minimis amounts for cleaning and other routine housekeeping activities.
6. The owner of any portion of the Brownfields Property where any existing, or subsequently
installed, DENR-approved monitoring well is damaged shall be responsible for repair of any
such wells to DENR's written satisfaction and within a time period acceptable to DENR,
unless compliance with this Land Use Restriction is waived in writing by DENR in advance.
7. Neither DENR, 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 DENR, 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.
8. During January of each year after the year in which the 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 DENR, and to the chiefpublic 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, and stating:
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
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 Property during the
previous calendar year, and;
c. whether any vapor barrier and/or mitigation systems installed pursuant to paragraph
15.d. 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.
SURVEYOR'S CERTIFICATE:
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
I, THE UNDERSIGNED SURVEYOR, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY
I I I I IIIIIt��
SUPER VISION FROM ANACTUAL SURVEYMADE UNDER MY SUPER VISION
���IIII
��� C A
FOR THE PURPOSES OF N. C. G.S. 130A-310.35
SUR VEYED ARE LTHIS
INDICATED DRAWN FROM INFORMA ONAS REFERENCOED ON THE FACE OFT
��\EARLY\\p; °� E s S �OLj�,
PLAT, THAT THE RATIO OF PRECISION AS CALCULATED EXCEEDS 1: 10, 000 LINEAR
FEET, THAT THIS PLAT WAS PREPARED INACCORDANCE WITH G.S. 47-30 AS AMENDED.
- SEAL °
WITNESS MY ORIGINAL SIGNATURE, LICENSE NUMBER AND SEAL THIS 3 0 t h DAY
= o r L-4542 o =
OF JULY A.D., 2018.
-
MICHAEL E. SCOTT, DEPUTYDIRECTOR DATE
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MANAGEMENTDIVISION OF WASTE
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STATEO O NOyR H CAROLINA
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NOT TO SCALE
NOTE:
THE ATTACHED SHEET IS PART OF A SET. THE SURVEY WILL BE
CONSIDERED VOID IF IT DOES NOT CONTAIN ALL SHEETS THAT
MAKE UP THE SET IN ITS ENTIRETY.
ANDREW B. BAKER, PLS (L-4542) DATE
email:[e-mail]
SHEET 2 OF 2
PLOTTED: 8/16/2018
G:\88\5\88528\88528.DWG

Exhibit C
Legal Description
Yon's Property
Brownfields Project No. 21056-17-060
Being all of that certain tract or parcel of land located in the City of Charlotte, Steele Creek
Township, Mecklenburg County, North Carolina and being more particularly described as
follows:
BEGINNING at a new 1/2" iron rod lying on the northerly margin of John Price Road, said point
being the southwest corner of the Nationsbank, N.A. property as described in Deed Book 8105,
Page 642 in the Mecklenburg County Public Registry; thence with a line running within the right
of way of John Price Road S 17'08'15" E - 29.11 feet to a point in the centerline of aforesaid
John Price Road; thence turning and running with the centerline of John Price Road the
following nine (9) courses and distances: 1) S 76'16'06" W - 24.44 feet to a point; 2) S
82037'53" W - 59.98 feet to a point; 3) S 79°20'02" W - 100.15 feet to a point; 4) S 74018'49" W -
100.06 feet to a point; 5) S 67055'41" W - 100.11 feet to a point; 6) S 62049'20" W - 58.12 to a
point; 7) S 59'12'12" W - 81.60 feet to a point; 8) S 57°23'22" W - 243.02 feet to a point; 9) S
57019'46" W - 202.41 feet to a point; thence turning and leaving the centerline of said road and
running N 37049'47" W, passing an existing 3/4" iron rod on the northwesterly margin of John
Price Road at 30.12 feet and a new 1/2" iron rod set online at 584.29 feet for a total distance of
644.29 feet to a point within a creek, said point being the southernmost corner of Tract 2 as
depicted on a plat entitled "Revision to Recombination Plat of 9812 & 9908 John Price Road"
recorded in Map Book _, Page _; thence with the southeasterly line of Tract 2 the following
nine (9) courses and distances: 1) N 47005'02" E - 180.21 feet to a point; 2) N 40°51'32" E -
59.87 feet to a point; 3) N 46032'32" E - 121.65 feet to a point; 4) N 38001'29" E - 44.05 feet to a
point; 5) N 85047'22" E - 43.41 feet to a point; 6) N 24056'05" E - 30.41 to a point; 7) N
35039'17" E - 30.15 feet to a point; 8) N 72005'56" E - 40.15 feet to a point; 9) N 26015'08" E -
226.63 feet to an existing 3/4" iron pipe being the southwest corner of the Bamboo Imports, Inc.
property as described in Deed Book 30979, Page 911; thence continuing with the southerly line
of the Bamboo Imports, Inc. property the following three (3) courses and distances: 1) S
80054'56" E - 708.09 feet to a new 1/2" iron rod; 2) S 09005'04" W - 49.11 feet to an existing
1/2" iron rod; 3) S 80°54'56" E - 72.73 feet to an exsisting 1/2 iron rod being the northwest
corner of the Socrates Square, LLC property as described in Deed Book 15533, Page 547, said
point also being the northwest corner of Lot 2 as depicted on a plat entitled "Final Plat of Yons
Properties - Map 1" as recorded in Map Book 26, Page 998 and Map Book 30, Page 37; thence
with the westerly line of the Socrates Square, LLC property S 21 °07'35" W - 151.08 feet to an
existing 1/2" iron rod being the northwest corner of the aforementioned Nationsbank, N.A.
property; thence with the westerly line of the Nationsbank, N.A. property, the following two (2)
courses and distances: 1) with the arc of a circular curve to the left having a radius of 250.00
feet and an arc length of 160.52 feet (chord: S 01°15'26" W - 157.78') to an existing 1/2" iron
rod; 2) S 17°08'15" E - 170.15 feet to the point and place of BEGINNING, containing an area of
804,190 square feet or 18.4617 acres of land, more or less, as shown on a plat prepared by R.
B. Pharr & Associates, P.A., dated July 18, 2018, bearing Job No. 88528 and Map File No. W-
5447C.