22072_Dillon Lakes_BPA_20181121

Mary Katherine Stukes
Telephone: [phone]
Direct Fax: [phone]
[e-mail]
J?
Parker Poe
November 21, 2018
VIA ELECTRONIC MAIL and FEDERAL EXPRESS
North Carolina Brownfields Program
Attention: Shirley Liggins
North Carolina Department
of Environmental Quality
Division of Waste Management
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Atlanta, GA
Charleston, SC
Charlotte, NC
Columbia, SC
Greenville, SC
Raleigh, NC
Spartanburg, SC
Re: Cindy Lane Development, LLC -- Brownfields Application
Property Located at 3100 Cochrane Dr., 5007, 5015, 5017 Statesville Rd., 2801
Oakwood Dr., 2701 Cindy Ln., Charlotte, Mecklenburg, County, NC
Dear Ms. Liggins,
I enclose an application to the Brownfields Program on behalf of Cindy Lane Development, LLC
("Cindy Lane"). Cindy Lane currently owns the above -referenced property and intends to redevelop a
portion of the property and to sell a portion of the property to a potential purchaser for redevelopment.
We look forward to working with your program to redevelop this site successfully.
In addition to the Brownfields Property Application, I also enclose a Preliminary Proposed
Brownfields Agreement, Affidavit re: Responsibility and Compliance, location map, photographs,
preliminary survey, a list of affiliated entities, a 2017 fiscal year report, a check in the amount of
$30,000.00 and a Redevelopment Now fee consent form, as well as a disc containing several
environmental reports relating to the property.
As described in more detail in the application, prior testing has confirmed the presence of certain
environmental conditions at the property. In light of these conditions, the protection and benefits of a
Brownfields Agreement are essential to realize the redevelopment of the property.
Thanks as always for your help and input in this process. Please let me know if you have any
questions or need anything further from Cindy Lane or me along these lines.
Best regards,
Mary Ktherine Stukes
cc: Fred Dodson, Jr. (via email, w/ enclosures)
Matt Bramblett (via email, w/ enclosures)
Enclosures
PPAB 4568253v1
Parker Poe Adams & Bernstein LLP Attorneys and Counselors at Law Three Wells Fargo Center 401 South Tryon Street Suite 3000 Charlotte, NC 28202
t 704.372.9000 f 704.334.4706 www.parkerpoe.com

Brownfields Property Application
North Carolina Brownfields Program
www.ncbrownfields.org
I. PROSPECTIVE DEVELOPER (PD) INFORMATION (USE TAB KEY TO GET TO NEXT
DATA ENTRY LINE — DO NOT USE THE RETURN KEY)
A. PD information:
Entity name
Cindy Lane Development, LLC
Principal Officer
Julie A. Porter
Representative
Fred Dodson, Jr.
Mailing Address
4601 Charlotte Park Drive, Suite 350
Charlotte, NC 28217
E-mail address
[e-mail]
Phone No.
704-342-0933
Fax No.
704-342-2745
Web site
www.cmhp.org
B. PD contact person information (i.e., individual who will serve as the NCBP's point of
contact if different than above):
Name Mary Katherine H. Stukes
Company Parker Poe Adams & Bernstein LLP
Mailing Address 401 South Tryon Street, Suite 3000
Charlotte, NC 28202
E-Mail Address [e-mail]
Phone No. 704-335-9495
Fax No. 704-335-4481
C. Information regardinq all parent companies, subsidiaries or other affiliates of PD (attach
separate sheet(s) if necessary):
(Use for LLCs)
Member -managed or manager -managed? Answer: Member -managed
El

If manager -managed, provide name of manager and percent of ownership:
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
For all LLCs, list all members of the LLC and provide their percent of ownership:
Name
Charlotte -Mecklenburg Housing Partnership, Inc.
Ownership (%)
100
Mailing Address
4601 Charlotte Park Drive, Suite 350
Charlotte, NC 28217
E-Mail Address
[e-mail]
Phone No.
704-342-0933
Fax No.
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
5

Managers of manager -managed LLCs are required to execute all brownfield documents for
the LLC; as to member -managed LLCs, state name of member who will sign these
documents.
Julie Porter, as President of Charlotte -Mecklenburg Housing Partnership, Inc.
List all parent companies, subsidiaries and other affiliates:
Please see the list of affiliated entities attached as Exhibit A.
(Use for Partnerships)
Check one: ❑General Partnership ❑Limited Partnership
List all partners and percent of ownership:
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Is this person a general or limited partner?
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Is this person a general or limited partner?
List all parent companies, subsidiaries and other affiliates:
A

(Use for corporations other than LLCs)
(If information is the same as shown in 1.A., please indicate "same as 1.A."below.)
Name
Mailing Address
E-Mail Address
Phone No.
Fax No.
List all parent companies, subsidiaries and other affiliates:
(Use for individuals)
(If individual is the same as shown in 1.A., -please indicate "same as 1.A."above.)
Name
Mailing Address
E-Mail Address
Phone No.
Fax No.
D. Does PD have or can it obtain the financial means to fully implement a brownfields
agreement and assure the safe reuse of the property? (Attach supporting documentation
such as letters of credit, financial statements, etc.)
Answer Yes
Explanation Cindy Lane Development, LLC is a subsidiary of Charlotte -Mecklenburg
Housing Partnership, Inc. (CMHP). CMHP is a successful and long standing private non -for -
profit organization in Charlotte. The annual financial report for the 2017 fiscal year indicated
total revenue of approximately $25 million. This report is attached as Exhibit B.
E. Does PD have or can it obtain the managerial means to fully implement a brownfields
agreement and assure the safe use of the property?
Answer Yes
0
rA

Explanation CMHP has a strong background in property redevelopment and construction
and has completed a number of brownfields agreements with the North Carolina Brownfields
Program. In addition, CMHP has retained professionals, including Parker Poe Adams &
Bernstein LLP, who are experienced in brownfields redevelopment and the implementation of
brownfields requirements in particular. These professionals (i) have significant experience
with the Brownfields Program and the redevelopment of challenged properties, and (ii) are
aware of the work and restrictions that are typically included in brownfields agreements to
assure the safe use of property. The combination of these resources will ensure successful
implementation of a brownfields agreement and safe use of the property.
F. Does PD have or can it obtain the technical means to fully implement a brownfields
agreement and assure the safe use of the property?
Answer Yes
Explanation As noted above, CMHP has significant property development and construction
experience and has a range of engineering and environmental experience available to it.
CMHP also has retained professionals, including Hart & Hickman, PC, who have extensive
experience in environmental matters in general, and in brownfields assesments, work and
redevelopment in particular. These individuals have worked directly with the Brownfields
Program for many years.
G. Does PD commit that it will comply (and has complied, if PD has had a prior project in the
NCBP) with all applicable procedural requirements of the NCBP, including prompt payment of
all statutorily required fees?
Answer Yes
(List all NCBP project name(s) and NCBP project ID numbers where PD or any parent
company, subsidiary and other affiliate of PD has been a party to.)
CMHP is a party to Brownfields Agreement 22014-18-060 (Brightwalk Phase 6), dated
September 13, 2018; Brownfields Agreement 12039-08-60 (Rachel Street), dated August 31,
2010; Brownfields Agreement 14035-10-60 (Harris Auto), dated July 25, 2012; and Brownfields
Agreement 18002-14-060 (Precision Dynamics), dated April 7, 2016.
Double Oaks Development, LLC (an affiliate of CMHP) is a party to Brownfields Agreement
11037-07-60 (Double Oaks), dated October 27, 2010 and amended on August 18, 2015 and
December 15, 2016.
H. Does PD currently own the property?

Answer Yes.
If yes, when did PD purchase the property and from whom? (Provide name, address,
telephone number and email address of the contact person for the current
property owner.)
Parcel 04115604 was purchased on November 19, 2015 from Dixie C. Hapgood (executrix of
Myrtle Martin Cochrane) and Dixie C. Hapgood (trustee of the Myrtle Martin Cochrane Family
Trust).
Parcel 04115602 was purchased on November 19, 2015 from Statesville Road Baptist Church.
Parcel 04114101 was purchased on November 19, 2015 from Dillon Lake, LLC.
Parcel 04115612 was purchased on June 30, 2016 from Lula C. Dunkelberg and husband John
Stuart Dunkelberg.
Parcel 04115613 was purchased on June 30, 2016 from Mark S. Butler and wife Susan H.
Butler.
The current property owner, Cindy Lane Development, LLC's contact information is as follows:
4601 Charlotte Park Drive, Suite 350
Charlotte, NC 28217
[e-mail]
704-342-0933
If no, provide the name, address, telephone number and e-mail address of the contact
person for the current property owner
I. If PD does not currently own the property, does PD have the property under contract to
purchase?
Answer
If yes, provide date of contract.
If no, when does the PD intend to purchase the property (e.g., after the project is determined
to be eligible for participation in the NCBP, after PD receives a draft BFA, after the
conclusion of the brownfields process)?
E

J. Describe all activities that have taken place on the property since PD or PD's parents,
subsidiaries and/or other affiliates, and/or lessees or sublessees of PD, took ownership of or
operated at the property (e.g., industrial, manufacturing or commercial activities, etc.).
(Include a list of all regulated substances as defined at NCGS § 130A-310.31 (b) (11) that have
been used, stored on, or otherwise present at the property while those activities were
conducted, and explain how they were used.)
CMHP has not commenced operations on the property. It has conducted certain due
diligence activities, including environmental assessments, on the property.
II. SITE INFORMATION
A. Information regardinq the proposed brownfields property:
Proposed project name Dillon Lakes Development
acreage approximately 28.6 County Mecklenburg
street address(es)
Dr., 2701 Cindy Ln.
city
tax ID(s) or PIN(s)
04115612
past use(s)
current use(s)
3100 Cochrane Dr., 5007, 5015, 5017 Statesville Rd., 2801 Oakwood
Charlotte
zip 28269
04115604; 04115602; 04114101 (a portion thereof); 04115613;
see below
see below
cause(s)/source(s) of contamination:
known see below
suspected see below
Tax Parcels: 04115613 and 04115612
Past Uses: Past uses include a grocery store and gas station, used tire shop, office and
truck part warehouse, duplex residence, and single-family residence
Current Uses: Vacant; All buildings removed
Causes/Sources of Contamination:
Known: Petroleum -related impacts in soil and groundwater from former USTs; potential
elevated metals beneath former auto shop; VOCs in soil gas from various sources; and
chlorinated VOCs in groundwater detected in a formerly used on -site water supply well
sample with suspected off -site contamination source (Consos Chemical to the north)
Tax Parcel: 04115602
Past Uses: Past uses include a baseball field and a 1970s spray field used by Consos
Chemical
10

Current Uses: Vacant; one small storage building on -site
Causes/Sources of Contamination:
Known: Chlorinated VOC impacts in soil, soil gas and groundwater from former on -Site
Consos Chemical spray field and upgradient Consos Chemical facility; and potential elevated
metals in groundwater related to former spray field
Tax Parcel: 04115604
Past Uses: Past uses include a single-family residence which remains
Current Uses: Vacant; one house on -site
Causes/Sources of Contamination:
Known: Chlorinated VOC impacts in soil gas and groundwater from upgradient Consos
Chemical
Tax Parcel: Eastern portion of 04114101
Past Uses: Undeveloped land and cell tower and portion of Dillon Lake
Current Uses: Vacant; Cell tower and eastern end of lake on -site
Causes/Sources of Contamination:
Known: Chlorinated VOC impacts in groundwater from upgradient Consos Chemical
B. Regulatory Agency Involvement: List the site names and all identifying numbers (ID No.)
previously or currently assigned by any federal, state or local environmental regulatory
agencies for the property. The ID No's may include CERCLIS numbers, RCRA generator
numbers for past and present operations, UST database, Division of Water Quality's incident
management database, and/or Inactive Hazardous Sites Branch inventory numbers. (In
many instances, the PD will need to actively seek out this information by reading
environmental site assessment reports, reviewing government files, contacting government
officials, and through the use of government databases, many of which may be available over
the internet.)
Agency Name/ID No: NCDEQ LUST/IMD & UST Databases Incident. No. 19807
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
C. In what way(s) is the property is abandoned, idled, or underused?
The property is ideally located in the Statesville Avenue corridor of North Charlotte, an urban
area currently undergoing significant revitalization and increasing density. Despite
burgeoning development, and the property's proximity to Uptown Charlotte, this property has
yet to be developed because of the known environmental issues.
D. In what way(s) is the actual or possible contamination at the property a hindrance to
development or redevelopment of the property (attach any supporting documentation such as
letters from lending institutions)?
11

As noted in Paragraph 11,17 below, the property is proposed to be redeveloped for high
density residential (most likely townhome) purposes. Before the PD or the potential purchaser of
the property incurs the substantial redevelopment costs associated with the project, however, it
needs to ensure that the property can be safely used through the Brownfields Program, and that
it and future owners and occupants will have the protections and benefits afforded by a
Brownfields Agreement. Thus, given the current conditions of the property, brownfields
protection is critical for the safe redevelopment and success of the project.
E. In what way(s) is the redevelopment of the property difficult or impossible without a
brownfields agreement (attach any supporting documentation such as letters form lending
institutions)?
Given the identified site conditions, including impacts to soil and groundwater, the PD
believes that a Brownfields Agreement is essential to ensuring that the site has a viable and safe
re -use.
F. What are the planned use(s) of the redeveloped brownfields property to which the PD will
commit? Be as specific as specific as possible.
The PD intends to sell the majority of the property to a residential developer. The developer
intends to redevelop the property for high -density residential use, most likely townhomes
based on zoning requirements. At this time, the PD intends to retain Parcels 04115612 and
04115613 and develop them into high -density affordable housing.
G. Current tax value of brownfields property: $1,853,400
H. Estimated capital investment in redevelopment project: $approximately 29 million
List and describe the public benefits that will result from the property's redevelopment. Be as
specific as possible. (Examples of public benefits for brownfields projects include job creation,
tax base increases, revitalization of blighted areas, preserved green space, preserved historic
places, improving disadvantaged neighborhood quality -of -life related retail shopping
opportunities, affordable housing, environmental cleanup activities or set asides that have
community or environmental benefits. In gauging public benefit, NCBP places great value
upon letters of support from community groups and local government that describe
anticipated improvements in quality of life for neighboring communities that the project will
bring about. The inclusion of such support letters with this application is recommended and
encouraged.)
The Property is located in the Statesville Avenue corridor of North Charlotte, an area
undergoing significant redevelopment and
reuse. The redevelopment of the property in this area will, among other things:
(a) Increase the supply of housing (including affordable housing) in the urban core of Charlotte;
(b) Maintain and increase the tax base, including both increased property tax base and taxes
associated with increased economic activity;
(c) Provide positive economic impacts on the surrounding community and businesses;
(d) Spur additional development and investment in the community, resulting in further tax base
and employment opportunities; and
12

(e) Invest in "smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe ("greenfields").
Special Note: Please describe all environment -friendly technologies and designs PD plans
to utilize in its redevelopment strategy. For example, environment friendly redevelopment
plans could include: Leadership in Energy and Environmental Design (LEED) Certification,
green building materials; green landscaping techniques such as using drought resistant
plants; energy efficient designs, materials, appliances, machinery, etc.; renewable sources of
energy, and/or recycling/reuse of old building materials such as brick or wood.
Under consideration.
J. Who will own the brownfields property when the Notice of Brownfields Property is filed with
the register of deeds at the conclusion of the brownfields process? (If information is the
same as I.A. above, please indicate.)
Name Same as 1.A above (or a private developer, depending on
transactional timing)
Mailing Address
E-Mail Address
Phone No.
Fax No.
III. OTHER REQUIRED INFORMATION
A. Brownfields Affidavit: PD must provide its certification, in the form of a signed and
notarized original of the unmodified model brownfields affidavit provided by NCBP, that it
did not cause or contribute to contamination at the property and that it meets all other
statutory eligibility requirements. (Note: The form to use for this affidavit is attached to this
application. An original hard copy of this affidavit must be filled out, signed, notarized and
submitted with this application.)
Is the required affidavit, as described above, included with this application?
Answer Yes. See Exhibit C.
B. Proposed Brownfields Agreement Form: PD must provide the completed form Proposed
Brownfields Agreement. (Note: The form to use for this document is attached to this
application. It must be filled out, initialed, and attached on your submittal.)
Is the reauired Proposed Brownfields Aqreement , as described above, included with this
application?
Answer Yes. See Exhibit D.
13

C. Location Map: PD must provide a copy of the relevant portion of the 1:24,000 scale
U.S.G.S. topographic quadrangle map that shows the location of the property, clearly
plotted, and that measures at least an 8'/z by 11 inches. (Note: these maps can be
purchased through the above link, or often through retail outdoor recreation stores that can
print out the relevant map. Often environmental reports have location maps that use this
type of map format as the base for its location map.)
Is the required location map included with this application?
Answer Yes, See Exhibit E.
D. Survey Plat: PD must provide a preliminary survey plat of the brownfields property with the
property boundaries clearly identified, and a metes and bounds legal description that
matches the property description on the plat. At this stage of the brownfields process, one
or more existing survey plats from a previous property conveyance will suffice. (Before the
brownfields project enters the public comment phase of the brownfields process, the PD will
be required to submit a final brownfields survey plat which includes the information listed in
the brownfields survey platguidance.)
Is the required preliminary survey plat included with this application?
Answer A survey plat and legal description will be developed as part of the brownfields
process.
E. Site Photographs: PD must provide at least one pre -redevelopment photograph of the
property, in either hard copy or electronic format, that shows existing facilities and
structures. Please note that the NCBP prefers to have electronic photos instead of or
in addition to hard copies. Electronic copies of photographs should be emailed to:
ShiHey. Lima ins(cD-ncdenr.gov with a clear indication as to which Brownfields
Application they apply to.
Are photographs of the property included with this application?
Answer Yes. See Exhibit F.
Have electronic copies of the photographs been emailed to NCBP?
Answer See above
F. Environmental Reports/Data: If it makes an affirmative eligibility determination, the NCBP
will request that PD provide any and all existing environmental reports and data for the
property on CD only. The brownfields process may be expedited if PD submits such
reports/data with this application.
Are any environmental reports/data being submitted with this application?
Answer Yes. See the disc attached as Exhibit G.
If environmental reports/data are being submitted with this application, please provide the
title, date and author of each item being submitted:
Phase 1 and II ESA Dillon Lake Property
14

June 5, 2015
Hart & Hickman
Initial Abatement Action Report
Mary 29, 2018
Geoscience Group
Limited Environmental Sampling Services
November 9, 2017
Geoscience Group
Phase I ESA Residential Property
June 1, 2016
Hart & Hickman
Phase I Commercial Property
May 17, 2016
Hart & Hickman
Phase I ESA Undeveloped Land
April 24, 2016
Hart & Hickman
Phase II Environmental Site Assessment
July 27, 2018
Hart & Hickman
IV. ADDITIONAL REQUIRED FORMS
The following forms are to be filled out and submitted with the application including the
Responsibility and Compliance Affidavit and the Proposed Brownfields Agreement.
Submittal of the Affidavit requires signature and notarization, and the Proposed
Brownfields Application requires an initial.
15

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
[ NORTH CAROLINA BROWNFIELDS PROGRAM
IN THE MATTER OF: Cindy Lane Development, LLC
UNDER THE AUTHORITY OF ) AFFIDAVIT
NORTH CAROLINA GENERAL ) RE: RESPONSIBILITY
STATUTES 3 130A-310.30, et. seq. ) AND COMPLIANCE
Julie A. Porter, being duly sworn, hereby deposes and says:
1. I am <<President>> of Cindy Lane Development, LLC.
2. [if signatory is not President, add this paragraph: "I am filly authorized to make the declarations
contained herein and to legally bind Cindy Lane Development, LLC."]
3. Cindy Lane Development, LLC is applying for a Brownfields Agreement with the North Carolina
Department of Environmental Quality, pursuant to N.C.G.S. 3 130A, Article 9, Part 5 (Brownfields
Act), in relation to the following 04115604; 04115602; 04114101 (a portion thereof); 04115613,
04115612 parcel(s) in Charlotte, Mecklenburg, County, North Carolina: 3100 Cochrane Dr., 5007,
5015, 5017 Statesville Rd., 2801 Oakwood Dr., 2701 Cindy Ln.
4. 1 hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that Cindy Lane
Development, LLC., and any parent, subsidiary or other affiliate meets the eligibility requirements of
N.C.G.S. 3 130A-310.3I(b)(10), in that it has a bona fide, demonstrable desire to develop or
redevelop, and did not cause or contribute to the contamination at, the parcel(s) cited in the preceding
paragraph.
5. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that Cindy Lane
Development, LLC meets the eligibility requirement of N.C.G.S.3130A-310.32(a)(1) in that it and any
parent, subsidiary or other affiliate have substantially complied with:
a. the terms of any brownfields or similar agreement to which it or any parent, subsidiary or
other affiliate has been a party;
b. the requirements applicable to any remediation in which it or any parent, subsidiary or other
affiliate has previously engaged;
c. Cfe a ws, regulations and rules for the protection of the environment.
a rrther s ith not.
Julie A. Porter
Signature/Printed Name
Sworn to and subscribed before me
this 20 day of November
Ashton N. Slate
My Commission expires: 3/18/2022
Date Nove nber 20,A2gWON N SLATE
NOTARY PUBLIC
Mecklenburg County
North Carolina
20 18. My Commission Expires March 18, 2022
Notary Public
16

Preliminary Proposed BrownBelds Agreement
I. Property Facts
a. Property Address(es): 3100 Cochrane Dr., 5007, 5015, 5017 Statesville Rd., 2801 Oakwood
Dr., 2701, 2701 Cindy Ln.
b. Property Seller: Cindy Lane Development, LLC
c. Property Buyer: NVR, Inc.
d. Brief Property Usage History: The eastern portion of the Site abuts Statesville Road and was
previously used as a grocery store and gas station, used tire shop, office and truck part
warehouse, duplex residence, and single-family residence. The central portion of the site is
primarily wooded and undeveloped land that formerly contained a baseball field and a 1970s
Consos Chemical wastewater spray field that covered a 100 ft radius. The northern portion of
the property is undeveloped land with one single-family residence. The western portion of the
site is mostly undeveloped land containing a cell tower and the eastern end of Dillon Lake. The
majority of the Site is downgradient of the Consos Chemical facility that dates to the 1940s.
e. The planned reuse will potentially involve the following use classifications) (check all that
apply):
❑ School/childcare/senior care
® Residential
❑ Commercial, retail (specify)
❑ Other commercial (specify)
❑ Office
❑ Light industrial
❑ Heavy industrial
❑ Recreational
❑ Open space
❑ Other (specify)
II. Contaminant Information
a. The contaminant situation at the property is best described by the following (check all that
apply):
® Contaminants are from an on -property source(s)
® Contaminants are from an off -property source(s)
❑ Contaminants are from an unknown source(s)
❑ Contaminants have not yet been documented on the property
IKI

b. Contaminated Media Table. (If known, check appropriate boxes below)
Contaminant
Soil
Groundwater
Private Wells
Vapor Intrusion
Types
and/or Surface
Water
known
Suspected
known
Suspected
known
suspected
known
suspected
o
Chlorinated
PCE
CT,
Chloro
r
Solvents
Chloro
form,
9
(list):
form,
benzyl
a
1,2-
chlori
n
DCP,
de,CT,
i
PCE,
PCE,
c
TCE,
TCE,
s
VC
1,2-
DCP
Petroleum:
DRO,
1-MN,
Benze
ASTs ❑
GRO,
2-MN,
ne,
USTs ®
1,2,4-
Napht
Cyclo
Other ❑
TMB,
halene,
hexan
4-IPT,
1,2,4-
e, EB,
Naphth
TMB,
1,2,4-
alene,
1,3,5-
TMB,
VPH
TBM,
1,3,5-
and
Benze
Tom,
EPH
ne,
Others
Others
Other (list):
i
Metals
Potenti
Potenti
n
(list):
al
al Mn
o
Arseni
and
r
c
Zinc
9
a
n
Other (list):
c
s
III. Protective Measures
19

I am prepared to take steps necessary to make the property suitable for its planned uses while
fully protecting public health and the environment. I propose that NCBP consider a brownfields
agreement that will make the property suitable for the planned use(s) through the following
mechanism(s) (check all that apply):
❑ Contaminant remediation to risk -based levels.
® Engineered Controls (e.g., low permeability caps, vapor mitigation systems, etc)
® Land use restrictions that run with the land that will restrict or prohibit uses that are
unacceptable from a risk assessment/management perspective. (Important Note: In any
final broi4wfrelds agreement generated by the NCBP, land use restrictions will ziltimately
come with the continuing obligation to submit an annual certification that the Land Use
Restrictions are being complied with and remain recorded at the applicable register of
deeds office.)
IV. Fees
In connection with a brownfields agreement, the Act requires that the developer pay fees to
offset the cost to the Department of Environmental Quality and the Department of Justice. In
satisfaction of the Act, the following fees apply to a brownfields agreement that is developed for
this project under the standard program, subject to negotiation of the brownfields agreement:
a. A $2,000 initial fee will be due from the applicant PD when both of the following occur:
1) NCBP receives this application, the affidavit and proposed brownfields agreement, AND
2) NCBP notifies the applicant in writing that the applicant PD and the project are eligible for
participation in the NCBP and continued negotiation of a brownfields agreement.
b. A second fee of $6,000 will be due from the PD prior to execution of the brownfields
agreement. Should the prospective developer choose to negotiate changes to the agreement
that necessitate evaluation by the Department of Justice, additional fees shall apply.
c. Any addendum/modifications to the BFA or NBP after they are in effect will result in an
additional fee of at least $1,000.
d. In the unexpected event that the environmental conditions at the property are unusually
complex, such that NCBP's costs will clearly exceed the above amounts, NCBP and PD will
negotiate additional fees.
e. Additional fees are charged for the Ready for Reuse and Redevelopment Now programs.
❑ Please check this box and initial in space provided to indicate your
acknowledgement of the standard brownfields fee structure.
011

® Please check this box and initial in space provided to indicate your interest in the
Redevelopment Now program and your acknowledgement of the alternate fee structure as
outlined in the Redevelopment Now Fee Consent Document (under separate cover).
❑ Please check this box and initial in space provided to indicate your interest in the
Ready for Reuse program.
Date of Submittal: November 20, 2018
21

77
} l • a ti
• • • y J I
It [I'.
1. ,t ' I ■ -�-r ',�� (�,_, • �'�., ` �!.
r If r'� i I • .�''� � , ( /l lC'IT
f J � r,,y I l � ■ ' /�� - `+' . �"y__tz.: •— � a 1� w�-F � I Y Y-tt • � •
76
IV
47
Lq
.�,\Z{i94• , r ICI � • ; , �Z'�� �,-_ �� ''. __ •
Nevan. ocatlon �,,.
_n Center
E_ _ i _ I •■• I jam.Flo■■�--- 'o
�1P0
ch
IL
APPROXIMATE
0 2000 4000
SCALE IN FEET
DERITA, North Carolina 1996
U.S.G.S. QUADRANGLE MAP
7.5 MINUTE SERIES (TOPOGRAPHIC)
SITE LOCATION MAP
PROPOSED DILLON LAKES
PHASE II DEVELOPMENT
CHARLOTTE, NC
2923 S. Tryon Street, Suite 100
hart hickman Charlotte, NC28203
704.586.0007(p) 704.586.0373(o
DATE: 11/9/2018 REVISION NO: 0
JOB NO: CHP-034 FIGURE NO: 1

q STATESV�tl R ■ —
Zm
I
GRYF-TI—
� SE AVE E
- F
ol
t
MURRAYSTREET
r
am 2� '
w
W, -
00
---
1 � r
LC
on; i
�Li
j
ss ST.�

I
Photograph 1: Commercial building (5007-5009 Statesville Road) located in the northeastern portion of the site
formerly utilized as a retail gas station.
Photograph 2: Driveway access and used tires stored north of the commercial building.
Id 2923 S. Tryon Street, Suite 100 Commercial Property
hart ONM hickman Charlotte, NC 28203 4927-5017 Statesville Road
704.586.0007(p) 704.586.0373(f) Charlotte, NC

Photograph 3: Office building and barn structure located in the northern portion of the site occupied by Truck Parts Services Inc.
Photograph 4: Duplex residential structure located in the southwestern portion of the site..
14 2923 S. Tryon Street, Suite 100 Commercial Property
hart 01%• hickman Charlotte, NC 28203 4927-5017 Statesville Road
704.586.0007(p) 704.586.0373(f) Charlotte, NC

N
M
0
w
0
J
Photograph 5: Single-family residence and apparent former well house located in the southeastern portion of the site.
Photograph 6: One of two small outbuildings located on the site.
2923 S. Tryon Street, Suite 100 Commercial Property
hart hickman Charlotte, NC 28203 4927-5017 Statesville Road
704.586.0007(p) 704.586.0373(f) Charlotte, NC

Photograph 9: heavy equipment staged in the northwestern portion of the site.
Photograph 10: Approximately 200-gallon empty AST located behind the commercial building.
N
o Id 2923 S. Tryon Street, Suite 100 Commercial Property
hart 1 hickman Charlotte, NC 28203 4927-5017
o704.586.0007(p) 704.586.0373(o Charlotte, NC

N
M
0
w
0
,r OWdi4 - —
Photograph 11: Groundwater monitor well located in the eastern portion of the site.
Photograph 12: Approximate location of the septic system servicing the commercial building.
2923 S. Tryon Street, Suite 100 Commercial Property
hart W%W hickman Charlotte, NC 28203 4927-5017 Charlotte, NC
W 704.586.0007(p) 704.586.0373(f

Photograph 13: Pole -mounted transformer located along northern property boundary.
Photograph 14: Dumpster and groundwater monitoring well located behind the commercial building.
2923 S. Tryon Street, Suite 100 Commercial Property
hart "ti• hickman Charlotte, NC 28203 4927-5017 Statesville Road
704.586.0007(p) 704.586.0373(f) Charlotte, NC

!Y ,
a
{

Photograph 3: Western portion of the subject site.
Photograph 4: Vacant residence located in the northern portion of the site.
_� 2923 S. Tryon Street, Suite 100 Dillon Lake Property
hart'` hickman Charlotte, NC28203 Charlotte, NC
t 704.586.0007(p) 704.586.0373(f)

gww%JAAJ" -who
60-

N
0
w
0
J
s I r
Photograph 7: Garage located behind the vacant residence in the northern portion of the site.
- t
ONP
Photograph 8: Water supply well located adjacent to the vacant residence in the northern portion of the site.
2923 S. Tryon Street, Suite 100 Dillon Lake Property
hart 'ti hiekman Charlotte, NC 28203 Charlotte, NC
w 704.586.0007(p) 704.586.0373(t)

Photograph 9: Miscellaneous debris identified in the eastern portion of the site.
Photograph 10: Dillon Lake located in the northern portion of the site.
N
o ® 2923 S. Tryon Street, Suite 100 Dillon Lake Property
w hart `:` -� hickman Charlotte, NC 28203 Charlotte, NC
o I 704.586.0007(p) 704.586.0373(o

m
,nf

North Carolina Brownfields Program
Redevelopment Now
Fee Consent Document
I, the undersigned, am the authorized agent of Cindy Lane Development, LLC ("Prospective
Developer"), who seeks to engage the North Carolina Brownfields Program ("Program") to develop
a brownfields agreement under N.C.G.S. 130A-310.30, et seq. for the following property:
Proposed Site Name: Dillon Lake Development
Street Address: 3100 Cochrane Dr., 5007, 5015, 5017 Statesville Rd., 2801 Oakwood Drive., 2701
Cindy Lane
City: Charlotte
Zip Code: 28269
County: Mecklenburg
Prospective Developer is herewith paying a $30,000.00 fee to the Program, by check payable to
"NCDEQ," in satisfaction of a Prospective Developer's obligations under N.C.G.S. 130A-
310.39(a). Prospective Developer understands that payment of this fee entitles Prospective
Developer to expedited Program review of technical documents and processing of a draft
Brownfields Agreement and ancillary documents regarding the project in question.
Prospective Developer further understands that payment of this fee in no way guarantees successful
completion of the brownfields process regarding the project.
I understand that, pursuant to payment of the fees, the Program shall handle the subject project under
the Program's expedited processing provisions, with appropriate staff resources, so long as
Prospective Developer is engaging in the process in good faith and complying with the Program's
procedures.
Should the Program determine that the resources required to complete the brownfields process in
regard to the subject project ever exceed the fee set forth herein due to unforeseen technical,
administrative, or regulatory complexities, the Program may (1) remove the project from the
expedited processing program and return it to standard processing status, or (2) expend resources it
deems reasonable seeking to negotiate an additional fee that the Program deems sufficient to
complete the brownfields process in regard to the project.
Disclaimers:
I ) The Program makes no promises or claims that payment of the subject fee will result in successful completion
of the Brownfields process regarding this project.
2) Public comment shall be solicited pursuant to N.C.G.S. 130A-310.34, and may affect the outcome of the brownfields
process regarding this project, including without limitation its timing and/or provisions/features of the Brownfields
documents and plat.
Prospective Developer: Cindy Lane Development, LLC
Mailing Address: 4601 Charlotte Park Drive_
M ailing Address: Ste.350
City, State, Zip: Charlotte, NC 28217
By:
Name typM or printed: Julie A. Porter
Title typed or printed: President
November 20, 2018
Date