23008_500 W Trade St_BPA_20190222

524 East Boulevard | Charlotte, NC 28203 | phone [phone] | www.vanburenlaw.com

February 22, 2019

VIA EMAIL AND FEDERAL EXPRESS

North Carolina Brownfields Program
Division of Waste Management, NC DEQ
Attention: Shirley Liggins
217 West Jones Street, Second Floor
Raleigh NC 27603

RE: Redevelopment Now Brownfields Application for 500 West Trade
Street, Charlotte, North Carolina (the “Property”)

Dear Ms. Liggins:

Please find enclosed herewith a Redevelopment Now Brownfields
Application for the Property, together with a check in the amount of $30,000.00
(the “RDN Fee”). The project that is the subject of the application is under tight
time requirements.

The Prospective Developer, Trade Street Associates I, LLC (the “PD”), has
discussed this project with Ms. Tracy Wahl of the Brownfields Program. Per my
conversation with Ms. Wahl, it was agreed that $2,000.00 of the RDN Fee would
be incurred in processing the PD’s Brownfields Application to determine
eligibility. Assuming a favorable eligibility determination, the assigned
Brownfields Program project manager will review the application and associated
materials to determine whether the project deadlines can be met by the
Brownfields Program. In the event the project deadlines cannot be met by the
Brownfields Program, Ms. Wahl indicated that the Brownfields Program would
reimburse a pro rata portion of the RDN Fee based upon the amount of time
incurred by the assigned project manager prior to the point of withdrawal of the
project from the Brownfields Program.

February 22, 2019
Page 2 of 2
The original, executed Affidavit and Consent Fee Form are being sent in a
separate FedEx package to DEQ. We look forward to working on this exciting
project with the Brownfields Program.

Very truly yours,

Carol Jones Van Buren

Cc: Ms. Tracy Wahl (via email only)
Ms. Carolyn Minnich (via email only)
Mr. Jeff Furman (via email only)
Ms. Jenalyn Groeschel (via email only)

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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 Trade Street Associates I, LLC
Principal Officer Mr. Brian Bennett
Representative
Mailing Address 720 E. Wisconsin Ave., Milwaukee, WI 53202

E-mail address [e-mail]
Phone No. [phone]
Fax No.
Web site https://realestate.northwesternmutual.com/about-us/

B. PD contact person information (i.e., individual who will serve as the NCBP’s point of contact if different than above):
Name Carol Jones Van Buren, Esq.
Company Van Buren Law, PLLC
Mailing Address 524 East Boulevard
Charlotte NC 28203
E-Mail Address [e-mail]
Phone No. 7043664608
Fax No.

C. Information regarding 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

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If manager-managed, provide name of manager and percent of ownership:
Name N/A
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 The Northwestern Mutual Life Insurance Company (Northwestern
Mutual)
Ownership (%) 100%
Mailing Address 720 E. Wisconsin Ave., Milwaukee, WI 53202
Attn: Mr. Brian Bennett
E-Mail Address [e-mail]
Phone No. [phone]
Fax No.
Name Crosland Trinity Trade LLC (CTT) remains as a member on the NC
Secretary of State Website, but has been dissolved; the interest of CTT was acquired by
Northwestern Mutual.
Ownership (%)
Mailing Address

E-Mail Address
Phone No.
Fax No.
Name
Ownership (%)
Mailing Address

E-Mail Address
Phone No.
6
Fax No.

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. Same contact information as Section I.A.above
List all parent companies, subsidiaries and other affiliates:
Trade Street Associates I, LLC does not control any other entities. Northwestern Mutual, who owns 100% of Trade Street Associates I, LLC, has many entities under its control.
Northwestern Mutual is regulated by the NC Insurance Commissioner and none of the
entities under Northwestern Mutual's common control contributed to the contamination at the Property, as stated in the Brownfields Affidavit executed by the representative of
Northwestern Mutual attached to this Brownfields Application. Northwestern Mutual's, affiliate
Crosland Greens, LLC, has a Brownfields Agreement #09013-05-60 at the Scaleybark Site in Charlotte, NC and Crosland Greens, LLC has been a cooperative partner of NCDEQ with
respect to multiple DEQ programs at that site. (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.
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Is this person a general or limited partner?

List all parent companies, subsidiaries and other affiliates:

(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
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Explanation Northwestern Mutual was named one of the "World's Most Admired
Companies" in its industry according to FORTUNE magazine's annual survey, published
January 2019. Additionally, the FORTUNE 500 ranking is among the most recognized
measure of financial success. Being #104 in 2018 affirms that Northwestern Mutual is among
America's premier companies. Northwestern Mutual has provided financial services for over
160 years, maintains a A++ rating by A. M. Best and has over $2.27 Billion in assets under
management. As of 2016, real estate investments totaled approximately $6.26 Billion.
Northwestern Mutual is a regulated companies and has information on file with the NC
Insurance Commissioner.

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
Explanation Northwood Ravin, a member of Northwood Real Estate Partners, LP will be
the developer for this project. Northwood Ravin is comprised of a unique team of
professionals that has worked together for over a decade. Northwood Ravin brings together
a diverse set of high-level skills and talents with many years of experience in the mixed-use
industry as well as a shared commitment to excellence that cannot be surpassed. The
Northwood Ravin team collectively boasts over 100 years of mixed-use experience, having
developed over 30,000 units, constructed over 45,000 units and managed over 25,000 units.

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 In addition to the experience described in Sections D and E above, Northwood
Ravin has contracted with Mid-Atlantic Associates, Inc. (Mid-Atlantic) to serve as a technical
resource for development and completion of the Brownfields Agreement. Mid-Atlantic has
extensive experience with DEQ regulatory programs and with the Brownfields Program.
Greg D. Icenhour, PG, Mid-Atlantic's Vice President and Principal Geologist, will serve as the
primary contact for this project. William Service, Mid-Atlantic's Environmental Toxicologist,
Darin McClure, PE, Mid-Atlantic's President and Principal Engineer, will provide project
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technical support as needed. All have overseen successful completion of Brownfields
Agreements.

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.)

Mitchell's Formal Wear, 09013-05-60 (affiliated entity, Crosland Greens, LLC)

H. Does PD currently own the property?
Answer The PD currently owns the property targeted for redevelopment totaling 2.755 acres (PID 07805503). The current site was formerly 3 separate adjoining parcels. Two parcels,
identified as the Wilkes Parcels with previous PIDs 07805501 and 07805502 totaled approximately 1.1 acres, with the third parcel, identified as the Polk Building parcel encompassing approximately 1.655 acres. All 3 parcels are currently identified by the original
Polk Building Parcel ID 07805503.
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.)
Properties acquired on May 29, 2008
• Grantor: 500 West Trade, LLC
• Grantee: Trade Street Associates I, LLC Contact:
o Mr. Brian Bennett o 720 E. Wisconsin Avenue, Milwaukee, WI 53202 o [phone]
o [e-mail] If no, provide the name, address, telephone number and e-mail address of the contact
person for the current property owner The PD currently owns the property.
I. If PD does not currently own the property, does PD have the property under contract to
purchase?
Answer N/A
If yes, provide date of contract.
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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)?

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.)
The property contains one, 5-story commercial building with a partial basement totaling
approximately 51,185 total square feet that was previously used for commercial office space and associated asphalt surface parking. The building is currently vacant, and is the process of being demolished. In March 2018, prior to demolition, an asbestos inspection was performed and identified
asbestos containing material (ACM). ACM was properly abated prior to commencement of demolition activities. Demolition will include removal of the structure down to the foundation slab. If the site is determined eligible and remains in the Brownfields Program, the foundation will not be
removed without Brownfields oversight.

II. SITE INFORMATION
A. Information regarding the proposed brownfields property:
Proposed project name 500 W Trade
acreage 2.755 County Mecklenburg

street address(es) 500 W. Trade Street
city Charlotte zip 28202 tax ID(s) or PIN(s) 07805503

past use(s) The site was developed as early as 1885 with various storage buildings and residential dwellings. Sometime between 1911 and 1925, the site was
developed for commercial use with the construction of the existing office building (named the Coddington Building at that time), the Mecklenburg Hotel, an automotive garage, and a gasoline filling station. The automotive garage and gasoline filling station buildings were
razed in the mid-1970s, and the Mecklenburg Hotel was razed in the early 1980s. The existing building was used as a State of North Carolina office building from the 1980s until
early 2000s when the building was vacated. The building has remained vacant since the
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PD's acquisition of the property, and no uses other than parking rentals have occurred on the property since it was vacated.

current use(s) Vacant.
cause(s)/source(s) of contamination: known A portion of the subject property was identified as a historical gas station site,
located at the corner of 5th Street and Graham Street. An orphan UST was found during excavation in this area. Two soil removal activities were conducted as part of this investigation. All contamined soils exceeding Residential Maximum Soil Contaminant
Concentrations (MSCCs) were removed to the groundwater table. The North Carolina Department of Environment and Natural Resources (NCDENR, currently NC Department of
Environmental Quality (NCDEQ) issued a notice of No Further Action (NFA) on May 20,
2008, requiring a Notice of Residual Petroleum (NORP) with a groundwater restriction only.
An existing diesel UST, located adjacent to the building, was filled with concrete and closed
in place. A NFA for this closure was issued in 1999.
One 10,000 gallon UST was formerly located on the subject property, along 5th Street. This
UST was removed in 2005. No contamination was identified from soil samples collected as part of this closure.
Sanborn maps identified tanks located mid-block along Wilkes Place on the subject property. Subsequent excavation identified 10 orphan USTs. Contaminated soil in excess of the
Residential MSCCs was excavated down to the groundwater table. Contaminated soil remains off-site beneath the sidewalk adjacent to Wilkes Place. Post-excavation groundwater investigation determined that the site is a Low Risk site per NCDEQ guidance; the release
received an NFA designation with recordation of a NORP. A second UST basin was recently identified during a GPR survey of the property at the
corner of 5th Street and Wilkes Place. Contaminated soil in excess of the Residential MSCCs was excavated down to the groundwater table. Contaminated soil remains off-site beneath
the sidewalk adjacent to Wilkes Place. Post-excavation groundwater investigation
determined that the site is a Low Risk site per NCDEQ guidance and that the release is eligible for a NFA designation with recordation of a NORP.

suspected Review of the Sanborn Maps indicated that a historic dry cleaning site was located adjacent to the subject property, across Trade Street.

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.)
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Agency Name/ID No: LUST 20127 (1999 LUST - in-place UST closure)
Agency Name/ID No: LUST 27999
Agency Name/ID No: LUST 36218
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No: Offsite- LUST Incident 6921-City View Towers

C. In what way(s) is the property is abandoned, idled, or underused?
The site was developed as early as 1885 with various storage buildings and residential
dwellings. Sometime between 1911 and 1925, the site was developed for commercial use
with the construction of the existing office building (named the Coddington Building at that time), the Mecklenburg Hotel, an automotive garage, and a gasoline filling station. The
automotive garage and gasoline filling station buildings were razed in the mid-1970s, and the
Mecklenburg Hotel was razed in the early 1980s. The existing building was used as a State of North Carolina office building from the 1980s until early 2000s when the building was
vacated.The building has been vacant since the early 2000s as the cost of rehabbing the building was economically infeasible. The building's age and environmental impairments have been obstacles to site redevelopment. Given the recent growth in Charlotte's uptown
area and demand for additional living and retail space, the building in its current form is a non-performing asset and is capable of providing employment opportunities, living and work space. The property currently provides no economic contribution to the area. Additionally,
contamination identified in Section II. A. above makes the property more difficult to finance in absence of a Brownfield Agreement.
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)?
Multiple release incidents, including the on-site presence of contaminated groundwater,
make the liability protection afforded by the Brownfield Agreement essential to this development.
Assurances that the property is safe for reuse will be key to attracting the types of tenants, residents and financing needed for this project. Additionally, the developer (Northwood Ravin)
typically will not invest in such projects without the benefit of a Brownfields Agreement. A letter
from Northwood Ravin is attached to our application. Traditionally any contamination incident, and particularly those that will remain on federal or state incident lists, require the use of a
Brownfields Agreement (or similar mechanism) to facility redevelopment. This is needed to ensure partners, lenders and occupants that the site has been deemed safe for the intended reuse.

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)? See Section D above.
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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 redevelopment of 500 W Trade is envisioned to be a Class A mixed use project including office, retail and residential uses. The redevelopment will incorporate green design
elements. • The project will be adjacent to the newly constructed transit-oriented development,
Gateway Station. The Charlotte Gateway Station will bring together transportation services such as: o Inter-city Amtrak service (via the Piedmont, the Carolinian and the Crescent) as well
as the proposed Southeast Corridor (SEC) extending from Washington D.C .through Raleigh, Charlotte, and Atlanta, Georgia.
o CATS local and express bus services
o CityLYNX Gold Line streetcar service o InterCity bus services
o Taxi and ridesharing services
o Improved bicycle and pedestrian access

G. Current tax value of brownfields property: $15,633,600
H. Estimated capital investment in redevelopment project: $79,000,000

I. 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.)
Early estimates would create over 1,000 construction jobs, 10 permanent jobs to manage the
buildings and multiple businesses. The redevelopment project will also significantly increase the
tax valuation for the property.
The station will create:
• Improved passenger travel experience through transit connections, savings in travel time, linkage to nearby attractions, destinations and modern amenities.
• Improved flow of freight and passenger service resulting in greater mobility of both goods and people.
This development will allow the opportunity for residents to be at the epicenter of transportation
for Charlotte and will foster intentional integration with ground floor retail and patrons of the
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station. It will also reduce noise and air pollution by reducing the number of vehicle trips to and from the area.

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. The project will consider design and registration with a third party sustainability program,
such as LEED. Typically we look at the LEED checklist for the commercial buildings and Green Globes for mixed use and residential buildings. Energy and water efficiency will be
part of the design criteria.

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 1.A. above, please indicate.)
Name Same as 1.A. above
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

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 required Proposed Brownfields Agreement , as described above, included with this application?

Answer Yes
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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 ½ 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
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 plat guidance.)
Is the required preliminary survey plat included with this application?
Answer No. An existing ALTA/ACSM Title Survey for Property of 500 West Trade, LLC prepared by CESI dated January 28, 2007 and revised December 13, 2007 and April 03, 2008 has been completed, and this survey will be the basis for the brownfield plat if the project is
deemed eligible for a Brownfield Agreement. The original survey is attached.
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: [e-mail] with a clear indication as to which Brownfields
Application they apply to.
Are photographs of the property included with this application?
Answer Yes
Have electronic copies of the photographs been emailed to NCBP?

Answer Yes

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.

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If environmental reports/data are being submitted with this application, please provide the title, date and author of each item being submitted:
See the attached document list.

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.
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Preliminary Proposed Brownfields Agreement

I. Property Facts

a. Property Address(es): 500 West Trade Street, Charlotte, NC 28202 b. Property Seller: 500 West Trade, LLC

c. Property Buyer: N/A
d. Brief Property Usage History: The site was developed as early as 1885 with various storage buildings and residential dwellings. Sometime between 1911 and 1925, the site was developed
for commercial use with the construction of the existing office building (named the Coddington
Building at that time), the Mecklenburg Hotel, an automotive garage, and a gasoline filling
station. The automotive garage and gasoline filling station buildings were razed in the mid-1970s, and the Mecklenburg Hotel was razed in the early 1980s. The existing building was used as a State of North Carolina office building from the 1980s until early 2000s when the building
was vacated. The building has remained empty since 2008 and the property has only been used
for parking since that time.

e. The planned reuse will potentially involve the following use classification(s) (check all that
apply):
School/childcare/senior care
Residential
Commercial, retail (specify) Mixed use, retail, office, residential
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
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b. Contaminated Media Table. (If known, check appropriate boxes below)

Contaminant
Types
Soil Groundwater
and/or Surface
Water
Private Wells Vapor Intrusion
known Suspected known Suspected known suspected known suspected
o
rg
a
ni
c
s
Chlorinated Solvents (list):

Petroleum:
ASTs USTs
Other
X X X X
Other (list):

i
n
or
g
an
i
cs
Metals
(list):

X
Other (list):

III. Protective Measures 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