22008_CLT Aircraft_Approval to PC Pkg 20190522

From:Minnich, Carolyn
To:[e-mail]; Sullivan, Sean M.; Kaitlyn Rhonehouse; Amy Kenwell
Cc:michael scott; Nicholson, Bruce; Wahl, Tracy; Leonard, Laura; Samuel Watson ([e-mail]);
Liggins, Shirley; Day, Collin ([e-mail]); Jesneck, Charlotte; Tatum, Katie; Lorscheider, Ellen
Subject:22008 Charlotte Aircraft Approval to Public Comment
Date:Wednesday, May 22, 2019 7:25:00 AM
Attachments:22008_CLT Aircraft _SNI 20190522.pdf22008_CLT Aircraft _NI 20190522.pdf22008_CLT Aircraft_Approval to PC Pkg 20190522.pdf
Dear Mr. Saieed & Mr. Sullivan,
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 ofIntent to Redevelop a Brownfields Property (SNI), Notice of Brownfields Property (NBP) and theBrownfields 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 thesubject 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 ofthe above tasks. The NI and SNI, with a date filled in representing our belief as to how long itwill take you to complete those tasks by May 25, 2019, 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 thepublic notices to DEQ prior to DEQ entering into a Brownfields Agreement. That documentation
shall be submitted by promptly providing to me, preferably at [e-mail] 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.

22008-18-060/Charlotte Aircraft (Draft 20190522)

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Property Owner: K Sade Ventures LLC Recorded in Book ____, Page ____
Associated plat recorded in Plat Book ____, Page ____
NOTICE OF BROWNFIELDS PROPERTY
Site Name: Charlotte Aircraft Brownfields Project Number: 22008-18-060 This documentary component of a Notice of Brownfields Property (“Notice”), as well
as the plat component, have been filed this _____ day of __________________, 201__ by K
Sade Ventures 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 three parcels and contains approximately 27.970 acres of land located at 7705 East W. T. Harris Boulevard in Charlotte, Mecklenburg County. Planned redevelopment of the Brownfields Property includes for high density residential, retail, office,
recreation, open space, parking, and with prior written DEQ approval, other commercial uses. The
surrounding land is used for residential purposes. Groundwater, soil and soil vapor are

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contaminated at the Brownfields Property due to historical operations by the former Charlotte Aircraft Corporation.

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 Brownfields
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 land use restrictions below have been excerpted verbatim from paragraph 15 of the Brownfields Agreement, and all subparagraph letters/numbers are the same as those used in the Brownfields Agreement. The following land use restrictions are hereby imposed
on the Brownfields Property:

LAND USE RESTRICTIONS
NCGS 130A-310.35(a) requires recordation of a Notice of Brownfields Property (“Notice”) that identifies any restrictions on the current and future use of a Brownfields Property that are necessary
or useful to maintain the level of protection appropriate for the designated current or future use of
the property and that are designated in a Brownfields Agreement pertaining to the property. This
survey plat constitutes one of three exhibits to the Notice pertaining to the Brownfields Property

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depicted on this plat and recorded at the Mecklenburg County Register of Deeds’ office. The exhibits to the Notice are: the Brownfields Agreement for the subject property, which is attached
as Exhibit A to the Notice; a reduced version of this survey plat, which is attached as Exhibit B to
the Notice; and a legal description for the subject property, which is attached as Exhibit C to the
Notice. The land use restrictions below have been excerpted verbatim from paragraph 15 of the Brownfields Agreement, and all paragraph letters/numbers are the same as those used in the Brownfields Agreement. The following Land Use Restrictions are hereby imposed on
the Brownfields Property and shall remain in force in perpetuity unless canceled by the
Secretary of the North Carolina Department of Environmental Quality (or its successor in
function), or his/her designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e):
a. No use may be made of the Brownfields Property other than for high density
residential, retail, office, recreation, open space, parking, and with prior written DEQ approval,
other commercial uses. For purposes of this restriction, the following definitions apply:
i. “High Density Residential” defined as permanent dwellings where residential
units are attached to each other with common walls, such as condominia, apartments, group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit (e.g., privately-owned
courtyards are prohibited), and shall include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages.
ii. “Retail” 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.
iii. “Office” defined as the provision of business or professional services.
iv. “Recreation” defined as indoor and outdoor exercise-related, physically
focused, or leisure-related activities, whether active or passive, and the facilities for same, including, but not limited to, studios, swimming pools, sports-related courts and fields, open
space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas.
v. “Open Space” defined as land maintained in a natural or landscaped state and
used for natural resource protection, buffers, greenways, detention facilities for stormwater.
vi. “Parking” defined as the temporary accommodation of motor vehicles in an area designed for same.
vii. “Commercial” defined as an enterprise carried on for profit or nonprofit by
the owner, lessee or licensee.
b. Groundwater at the Brownfields Property may not be used for any purpose 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,

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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
environment.
d. 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”;
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 below in subparagraph 15.h.
e. 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 below in subparagraph 15.h.
f. No enclosed building may be constructed on the Brownfields Property and no existing
building, defined as those depicted on the plat component of the Notice of Brownfields Property
referenced in paragraph 20 below, may be occupied until DEQ determines in writing that:
i. the building is or would be protective of the building’s users, public health and the environment from risk of vapor intrusion based on site assessment data or a site-specific risk
assessment approved in writing by DEQ; 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 designed, installed, and implemented
in a manner that will fully protect public health 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, and

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to DEQ. 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.
g. 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.
h. Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an EMP approved in writing by DEQ in advance (and
revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is
consistent with all the other land use restrictions and describes redevelopment activities at the
Brownfields Property, the timing of redevelopment phases, and addresses health, safety and
environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation:
i. soil and water management issues, including without limitation those resulting
from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in paragraphs 7
and 8 above or refer to Exhibit 2;
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.
i. No later than January 30 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
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

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v. removal of any contaminated soil, water or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all legally
required manifests shall be included).
j. Neither DEQ, nor any party conducting environmental assessment or remediation at the
Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or
entered into by DEQ, may be denied access to the Brownfields Property for purposes of conducting such assessment or remediation, which is to be conducted using reasonable efforts to
minimize interference with authorized uses of the Brownfields Property.
k. Any deed or other instrument conveying an interest in the Brownfields Property shall
contain the following notice: “This property is subject to the Brownfields Agreement attached as
Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County land records, Book ____, Page ____.” A copy of any such instrument shall be sent to the persons
listed in Section XV (Notices and Submissions), though financial figures and other confidential
information related to the conveyance may be redacted to the extent said redactions comply with
the confidentiality and trade secret provisions of the North Carolina Public Records Law. The
owner 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.
l. 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. in de minimis quantities for cleaning and other routine housekeeping and maintenance activities.
m. Within 30 days prior to land disturbance activities that will impact existing
groundwater monitoring wells, injection wells, recovery wells, piezometers and other man-made
points of groundwater access at the Brownfields Property, Prospective Developer shall notify
DEQ that it is ready to effect the abandonment of those wells that are located in the area of land disturbance, in accordance with Subchapter 2C of Title 15A of the North Carolina
Administrative Code, unless an alternate schedule is approved by DEQ. Unless DEQ notifies
Prospective Developer within 10 days of receiving such notification to refrain from such
abandonment, Prospective Developer shall, on a schedule acceptable to DEQ, effect said
abandonment and, within 30 days after doing so, provide DEQ a report, subject to DEQ approval, setting forth the procedures and results.
n. The owner of any portion of the Brownfields Property where any subsequently
installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants
shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time
period acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by DEQ in advance.

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o. During January of each year after the year in which the Notice of Brownfields Property
referenced below in paragraph 20 is recorded, the owner of any part of the Brownfields Property
as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”)
to DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that
the land use restrictions are being complied with. The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact
person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year;
ii. the transferee’s name, mailing address, telephone and facsimile numbers, and
contact person’s e-mail address, if said owner transferred any part of the Brownfields Property
during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant to
subparagraph 15.f 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.
iv. A joint LURU may be submitted for multiple owners by a duly constituted
board or association and shall include the name, mailing address, telephone and facsimile
numbers, and contact person’s e-mail address of the entity submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is submitted.
v. LURU’s submitted for any portion of the Brownfields Property that contains
rental units shall include a list of tenants and their addresses.
vi. A property owners’ association or other entity may perform this LURU’s duties,
on behalf of some or all owners of the Brownfields Property, if said association or entity has accepted responsibility for such performance pursuant to a notarized instrument satisfactory to
DEQ that includes at a minimum, the name, mailing address, telephone and facsimile numbers,
and e-mail address of each owner on whose behalf the LURU is proposed to be submitted.
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

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Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any
of the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to
the same violation or as to one occurring prior or subsequent thereto.
FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Brownfields Property is sold, leased, conveyed or transferred,
pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the
description section, in no smaller type than that used in the body of the deed or instrument, a
statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a brownfields property under the Brownfields Property Reuse Act.

IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this _____ day of _______________, 201__.

K Sade Ventures LLC

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

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

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

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

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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY

IN THE MATTER OF: K Sade Ventures LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Charlotte Aircraft
OF 1997, NCGS § 130A-310.30, et seq. ) 7705 East W.T. Harris Boulevard
Brownfields Project 22008-18-060 ) Charlotte, Mecklenburg County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and K Sade Ventures LLC (collectively the
"Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
seq. (the “Act”) for the property located at 7705 East W. T. Harris Boulevard in Charlotte,
Mecklenburg County (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.
K Sade Ventures LLC is a North Carolina limited liability company that was formed on
January 17, 2013. Its registered agent is Keith Saieed and its business address is 1800 Eastwood
Road, Suite 114, Wilmington, NC 28403. The Brownfields Property consists of three parcels
and contains approximately 27.970 acres of land that was the former Charlotte Aircraft
Corporation (“CAC”) property. K Sade Ventures LLC intends to redevelop the Brownfields
Property for high density residential, retail, office, recreation, open space, parking, and with prior
written DEQ approval, other commercial uses. The Brownfields Property is surrounded by land
used for residential purposes. Groundwater, soil, and soil vapor are contaminated at the
Brownfields Property due to historical operations.
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
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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 K Sade Ventures LLC for contaminants at the Brownfields Property.
The Parties agree that K Sade Ventures LLC’s entry into this Agreement, and the actions
undertaken by K Sade Ventures LLC in accordance with the Agreement, do not constitute an
admission of any liability by K Sade Ventures LLC for contaminants at the Brownfields
Property. The resolution of this potential liability, in exchange for the benefit K Sade Ventures
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 K Sade Ventures LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property comprises three (3) parcels totaling approximately 27.970
acres (Mecklenburg County Tax Parcel Identification Numbers 10915106, 10915107, and
10915110). Prospective Developer has committed itself to redevelopment of the Brownfields
Property for no uses other than high density residential, retail, office, recreation, open space,
parking, and with prior written DEQ approval, other commercial uses.
4. The Brownfields Property is bordered to the north by Delta Landing Road, East W.T.
Harris Blvd, and recreational soccer fields owned and used by Hickory Grove Baptist church; to
the east by land used for residential purposes; to the south by undeveloped woodland owned by
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Partners for Parks, Inc. and land used for residential purposes; and to the west by East W. T.
Harris Blvd and land used for residential purposes beyond.
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
Southern and Easter Parcel Groundwater and soil Gas Assessment Report Geosyntec Consultants of NC, PC April 15, 2019
Groundwater, Soil, and Soil Gas Assessment
Report Former Charlotte Aircraft
Geosyntec Consultants of NC, PC November 2018
Phase I Environmental Site Assessment 7705 East W.T. Harris Blvd Geosyntec Consultants of NC, PC November 2018
Work Plan for Brownfields Agreement and
Redevelopment: Groundwater and Soil Gas Assessment
Geosyntec Consultants of NC, PC May 16, 2018
Environmental Assessment Report
Charlotte Aircraft #3
S&ME, Inc. January 30, 2017
Sampling and Analysis Plan & Fee Estimate S&ME, Inc. April 26, 2016
January 2014 Groundwater Sampling Report Charlotte Aircraft Corporation Mid-Atlantic Associates, Inc. May 21, 2015 Report Reproduced
January 2012 Groundwater Sampling Report
Charlotte Aircraft Corporation
Mid-Atlantic Associates, Inc. February 16, 2012
Vapor Intrusion Study Report Sub-slab and Indoor Air Testing
Charlotte Aircraft Corporation
Mid-Atlantic Associates, Inc. April 8, 2011
Semi-Annual Monitoring Report February 2011 New Vision Environmental, PC March 25, 2011
Semi-Annual Monitoring Report
August 2010
New Vision Environmental, PC September 27, 2010
Semi-Annual Monitoring Report February 2010 New Vision Environmental, PC March 15, 2010
Vapor Intrusion Study-Work Plan
Charlotte Aircraft Corporation
Mid-Atlantic Associates, Inc. February 25, 2010
Corrected Semi-Annual Monitoring Report For February 2008 New Vision Environmental, PC January 7, 2010
Semi-Annual Monitoring Report
February 2001
Site Remediation Services Group
Duke Engineering & Services, Inc.
March 15, 2001
Corrective Action Plan Charlotte Aircraft Corporation Site Remediation Services Group Duke Engineering & Services, Inc. November 16, 2000
Source Area Remediation
Charlotte Aircraft Corporation
Soil Solutions, Inc. July 23, 2000
Remediation Site Work Plan Charlotte Aircraft Corporation Site Remediation Services Group Duke Engineering & Services, Inc. March 9, 2000

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6. For purposes of this Agreement, DEQ relies on the following representations by
Prospective Developer and information from the Environmental Reports and DWM files as to
use and ownership of the Brownfields Property:
a. CAC has owned the Brownfields Property since 1953 and has operated as an
aircraft part refurbishing business. The Brownfields Property was part of an original 43-acre
tract formerly known as the “Delta Airbase.” Prior to 1952, Delta Airbase was used by United
Aero Service as a flight training school and aircraft maintenance facility, since construction in
1942. Prior to development in 1940s, the Brownfields Property was agricultural land owned by
Vernon Jordan.
b. In the Fall of 2018, CAC vacated the Brownfields Property. As of November
2018, there are twenty-nine (29) single story buildings on the Brownfields Property including an
old airplane hangar/mechanic shop, parts cleaning shop, carpenter shop, office building, and
guard house. The remaining buildings were used primarily for storage. All of the existing
structures will be demolished in preparation for redevelopment.
c. The Brownfields Property is currently owned by the Prospective Developer.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. In December 1994, an Underground Storage Tank (“UST”) release was
reported during the removal of two (2) USTs resulting in the discovery of soil and groundwater
contamination. The USTs were located east of Building 5 (currently used for office and storage).
The incident was assigned UST Incident No. 19164. As part of closure activities, a Limited Site
Assessment (“LSA”) Report was completed. The incident was closed in 1998 by the DEQ UST
Section. According to the Environmental Reports, the LSA report listed low concentrations of
chlorinated solvents in several monitoring wells. A Comprehensive Site Assessment (“CSA”)
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was performed to assess the nature and extent of the chlorinated solvent groundwater
contamination and identify a source of trichloroethylene (“TCE”) and tetrachloroethylene
(“PCE”).
b. The assessment work and follow up remediation were overseen by DEQ
Aquifer Protection Section (“APS”). Charlotte Aircraft Corporation was assigned Groundwater
Incident No. 19258.
c. In 2000, CAC retained Duke Engineering and Services to determine the nature
and extent of contamination at the Brownfields Property. During the assessment process,
impacted soils were detected in the vicinity of the storage building from a solvent release. The
primary source of release of TCE is suspected to be an underground concrete sump discovered
during a Geoprobe sampling assessment. The sump contained TCE free product and was
associated with a former parts washing/stripping operation conducted at the facility (1950s-
1960s). The source for PCE was not identified.
d. In May 2000, Soil Solutions, Inc. (“SSI”) was retained to thermally treat the
contaminated soils on-site. Thermal desorption is an ex-situ process that uses either direct or
indirect heat exchange to vaporize organic contaminates from soil or sludge. SSI mobilized a
soil treatment unit to the Brownfields Property. SSI thermally treated approximately 140 tons of
TCE contaminated soil removed from the source area excavation. After treatment, the soils were
transported to SSI’s soil treatment facility in Winston-Salem for final disposal. Sidewall and
bottom samples were collected at the extents of excavation area and TCE concentrations were
detected. The area was backfilled with clean soil and the surface grade was seeded and mulched.
e. A network for twenty-four (24) monitoring wells and one (1) recovery well
have been installed on the Brownfields Property. A Corrective Action Plan (“CAP”) was
submitted and recommended Natural Attenuation with semi-annual groundwater sampling
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(MW5, MW7, MW8, MW9, MW10, MW12, MW16, MW17, MW18, MW21, MW22, DMW2,
and RW1). The CAP was approved by DEQ APS and semi-annual sampling was conducted
2001 - 2016. In 2005, a number of the monitoring wells were destroyed during redevelopment of
athletic fields off the Brownfields Property. The following monitoring wells were replaced
(MW16/MW16A, MW17/MW17A, MW18/MW18A. MW20/MW20A).
f. In 2007, DEQ undertook a reorganization, and the former APS incident was
moved to DWM’s Inactive Hazardous Site Branch (“IHSB”) and assigned Site ID Number
NONCD0001478 under the name Charlotte Aircraft #3. In February 2010, IHSB requested a
vapor intrusion study for the Brownfields Property. The objective was to evaluate the potential
for vapor intrusion into occupied buildings on the Brownfields Property and two adjacent
residential properties within 100 ft of the underlying groundwater plume. Mid-Atlantic
conducted sub-slab soil gas and radon testing in three buildings on the Brownfields Property: the
Guard House, the Sales Office, and the Main Office. Indoor air samples were collected in crawl
spaces at nearby residential structures. Upon review of the data, calculating attenuation factors,
and evaluating site conditions, it was concluded that no vapor intrusion pathways were
completed, and that the risk from exposure due to vapor intrusion on the Brownfields Property is
negligible based on current uses and intended reuses.
g. In February 2016, CAC sent a letter to the IHSB Section stating they were
having financial hardship and would no longer be able to fund and conduct additional cleanup
activities, assessment work, or semi-annual groundwater sampling. In April 2016, IHSB
contracted with S&ME to conduct groundwater assessment activities including well installation
and sampling. In March 2017, IHSB revised the site ranking to low priority and the Brownfields
Property remains on the Inactive Hazardous Sites and Pollutant-Only Sites Inventory.

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8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on February 2019. 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.
a. Numerous VOCs were detected in groundwater at the Brownfields Property in
excess of the standards set forth in Title 15A of the North Carolina Administrative Code,
Subchapter 2L, Rule .0202 (2L Standard).
b. The following constituents were detected in the soil at the Brownfields
Property at concentrations above their respective IHSB Residential Preliminary Soil Remediation
Goals: trichloroethylene, naphthalene, arsenic, and hexavalent chromium. The arsenic and
hexavalent chromium concentrations are consistent across the Brownfields Property and
according to the environmental reports are considered naturally occurring in the surrounding
area. The constituent concentrations are listed in Exhibit 2 to this Agreement.
c. The following constituents were detected in soil gas at the Brownfields
Property at concentrations above their respective Residential Vapor Intrusion Screening Levels
(NCDEQ February 2018): chlorobenzene and tetrachloroethylene.
d. One or more data tables reflecting the concentrations of historical soil and
groundwater concentrations at the Brownfields Property and other information regarding the
Brownfield Property’s contaminants appear in Exhibit 2 to this Agreement.
9. For purposes of this Agreement DEQ relies on Prospective Developer’s
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (“BPA”) dated January 22, 2018 and an
Amended Brownfields Property Application dated November 6, 2018, and the following.
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a. On August 24, 2017, Prospective Developer contracted to purchase the
Brownfields Property from CAC.
b. On December 21, 2018, Prospective Developer purchased the Brownfields
Property from CAC.
10. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
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.

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11. The Parties agree that a $30,000 “Redevelopment Now” fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a
change is sought to a Brownfields document after it is in effect, in which case there shall be an
additional fee of at least $1,000.
IV. BENEFIT TO COMMUNITY
12. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. an increase in the Brownfields Property’s productivity;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of hundreds of construction jobs, approximately 10-20 full time
employees during redevelopment and 5-10 full time jobs post development;
d. an increase in tax revenue for affected jurisdictions;
e. additional residential space for the area;
f. expanded use of public transportation which reduces traffic, improves air
quality, and reduces our carbon footprint; 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,
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using the nine (9) areas incorporated into the U.S. Green Building Council Leadership in Energy
and Environmental Design certification program (Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Locations & Linkages,
Awareness & Education, Innovation in Design and Regional Priority), or a similar program.
14. Based on the information in the Environmental Reports, and subject to imposition of
and compliance with the land use restrictions set forth below, and subject to Section IX of this
Agreement (DEQ’s Covenant Not to Sue and Reservation of Rights), DEQ is not requiring
Prospective Developer to perform any active remediation at the Brownfields Property other than
remediation that may be required pursuant to a DEQ-approved Environmental Management Plan
(“EMP”) required by this Section.
15. By way of the Notice of Brownfields Property referenced below in paragraph 20,
Prospective Developer shall impose the following land use restrictions under the Act, running
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 high density
residential, retail, office, recreation, open space, parking, and with prior written DEQ approval,
other commercial uses. For purposes of this restriction, the following definitions apply:
i. “High Density Residential” defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit (e.g., privately-owned
courtyards are prohibited), and shall include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages.
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ii. “Retail” 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.
iii. “Office” defined as the provision of business or professional services.
iv. “Recreation” defined as indoor and outdoor exercise-related, physically
focused, or leisure-related activities, whether active or passive, and the facilities for same,
including, but not limited to, studios, swimming pools, sports-related courts and fields, open
space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas.
v. “Open Space” defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, detention facilities for
stormwater.
vi. “Parking” defined as the temporary accommodation of motor vehicles
in an area designed for same.
vii. “Commercial” defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. Groundwater at the Brownfields Property may not be used for any purpose
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
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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
environment.
d. 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”;
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
EMP as outlined below in subparagraph 15.h.
e. 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,
13 22008-18-060/Charlotte Aircraft (DRAFT 20190522)
unless conducted in accordance with an approved EMP as outlined below in subparagraph 15.h.
f. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 20 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building’s users, public
health and the environment from risk of vapor intrusion based on site assessment data or a site-
specific risk assessment approved in writing by DEQ; 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 designed, installed, and
implemented in a manner that will fully protect public health 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,
and to DEQ. 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.
g. 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
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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.
h. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an EMP approved in writing by DEQ in advance (and
revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is
consistent with all the other land use restrictions and describes redevelopment activities at the
Brownfields Property, the timing of redevelopment phases, and addresses health, safety and
environmental issues that may arise from use of the Brownfields Property during construction or
redevelopment in any other form, including without limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in
paragraphs 7 and 8 above or refer to Exhibit 2;
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.
i. No later than January 30 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
15 22008-18-060/Charlotte Aircraft (DRAFT 20190522)
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 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).
j. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
k. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: “This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County
land records, Book ____, Page ____.” A copy of any such instrument shall be sent to the
persons listed in Section XV (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said redactions
16 22008-18-060/Charlotte Aircraft (DRAFT 20190522)
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.
l. 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. in de minimis quantities for cleaning and other routine
housekeeping and maintenance activities.
m. Within 30 days prior to land disturbance activities that will impact existing
groundwater monitoring wells, injection wells, recovery wells, piezometers and other man-made
points of groundwater access at the Brownfields Property, Prospective Developer shall notify
DEQ that it is ready to effect the abandonment of those wells that are located in the area of land
disturbance, in accordance with Subchapter 2C of Title 15A of the North Carolina
Administrative Code, unless an alternate schedule is approved by DEQ. Unless DEQ notifies
Prospective Developer within 10 days of receiving such notification to refrain from such
abandonment, Prospective Developer shall, on a schedule acceptable to DEQ, effect said
abandonment and, within 30 days after doing so, provide DEQ a report, subject to DEQ
approval, setting forth the procedures and results.

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n. The owner of any portion of the Brownfields Property where any subsequently
installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants
shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time
period acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing
by DEQ in advance.
o. During January of each year after the year in which the Notice of Brownfields
Property referenced below in paragraph 20 is recorded, the owner of any part of the Brownfields
Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update
(“LURU”) to DEQ, and to the chief public health and environmental officials of Mecklenburg
County, certifying that, as of said January 1st, the Notice of Brownfields Property containing
these land use restrictions remains recorded at the Mecklenburg County Register of Deeds office
and that the land use restrictions are being complied with. The submitted LURU shall state the
following:
i. the name, mailing address, telephone and facsimile numbers, and contact
person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year;
ii. the transferee’s name, mailing address, telephone and facsimile
numbers, and contact person’s e-mail address, if said owner transferred any part of the
Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 15.f 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.
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iv. A joint LURU may be submitted for multiple owners by a duly
constituted board or association and shall include the name, mailing address, telephone and
facsimile numbers, and contact person’s e-mail address of the entity submitting the joint LURU
as well as for each of the owners on whose behalf the joint LURU is submitted.
v. LURU’s submitted for any portion of the Brownfields Property that
contains rental units shall include a list of tenants and their addresses.
vi. A property owners’ association or other entity may perform this
LURU’s duties, on behalf of some or all owners of the Brownfields Property, if said association
or entity has accepted responsibility for such performance pursuant to a notarized instrument
satisfactory to DEQ that includes at a minimum, the name, mailing address, telephone and
facsimile numbers, and e-mail address of each owner on whose behalf the LURU is proposed to
be submitted.
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.
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VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
19. In addition to providing access to the Brownfields Property pursuant to subparagraph
15.j above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
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.
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21. This Agreement shall be attached as Exhibit A to the Notice of Brownfields
Property. Subsequent to recordation of said Notice, any deed or other instrument conveying an
interest in the Brownfields Property shall contain the following notice: “This property is subject
to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property
recorded in the Mecklenburg County land records, Book ____, Page ____.” A copy of any such
instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though
financial figures and other confidential information related to the conveyance may be redacted to
the extent said redactions comply with the confidentiality and trade secret provisions of the
North Carolina Public Records Law. Prospective Developer may use the following mechanisms
to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form,
Prospective Developer may provide DEQ with copies of a form lease or rider evidencing
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
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the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in subparagraph 35.a. below
of any such required notification.
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 January 22, 2018, and by the Amended Brownfields
Property Application dated November 6, 2018 by which it applied for this Agreement. That use
is high density residential, retail, office, recreation, open space, parking, and with prior written
DEQ approval, other commercial uses. Prospective Developer also certifies that to the best of its
knowledge and belief it has fully and accurately disclosed to DEQ all information known to
Prospective Developer and all information in the possession or control of its officers, directors,
employees, contractors and agents which relates in any way to any past use of regulated
substances or known contaminants at the Brownfields Property and to its qualification for this
Agreement, including the requirement that it not have caused or contributed to the contamination
at the Brownfields Property.
IX. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
25. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
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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,
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
23 22008-18-060/Charlotte Aircraft (DRAFT 20190522)
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 seq.
28. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 25 through 27 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.

24 22008-18-060/Charlotte Aircraft (DRAFT 20190522)
X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
29. In consideration of DEQ’s Covenant Not To Sue in Section IX of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above-referenced Notice of Brownfields Property.
XI. PARTIES BOUND
30. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party’s signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XII. DISCLAIMER
31. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer’s duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
32. Except for the land use restrictions set forth in paragraph 15 above and NCGS §
130A-310.33(a)(1)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
25 22008-18-060/Charlotte Aircraft (DRAFT 20190522)
XIII. DOCUMENT RETENTION
33. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
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.
26 22008-18-060/Charlotte Aircraft (DRAFT 20190522)
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:
Carolyn F Minnich (or successor in function) N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:

Keith Saieedd
K Sade Ventures LLC
1800 Eastwood Road, Suite 114 Wilmington, NC 28403

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 effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in N.C.G.S. § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and invalidate its signature on this Agreement.
27 22008-18-060/Charlotte Aircraft (DRAFT 20190522)
XVII. TERMINATION OF CERTAIN PROVISIONS
37. If any Party believes that any or all of the obligations under Section VI
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XVIII. CONTRIBUTION PROTECTION
38. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
39. The Prospective Developer agrees that, with respect to any suit or claim for
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
28 22008-18-060/Charlotte Aircraft (DRAFT 20190522)
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.

29 22008-18-060/Charlotte Aircraft (DRAFT 20190522)
IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
____________________________________________________________________________
Michael E. Scott Date Director, Division of Waste Management

IT IS SO AGREED:
K Sade Ventures LLC
By: ____________________________________________________________________________
Keith Saieed Date
Manager
m
Site Boundary
Site Location
E W.T. Harris Boulevard
Charlotte, North Carolina
January 2018

2,000 0 2,0001,000
Feet
1
Figure
Raleigh, NC
Notes:
1. USGS National Map provided by ESRI online database.
2. Site boundary provided by Mecklenburg County.

22008/Charlotte Aircraft (DRAFT 20190506)

1
Exhibit 2
The most recent environmental sampling of permanent groundwater monitoring wells at
the Brownfields Property reported in the Environmental Reports occurred on September 29,
2018.The following tables set forth, for contaminants present at the Brownfields Property above
unrestricted use standards or screening levels, the highest and most recent concentration found at each sample location, and the applicable standard or screening level. Screening levels and
Groundwater standards are shown for reference only and are not set forth as cleanup levels for
purposes of this Agreement.

Groundwater and Groundwater Vapor Intrusion Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
the standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, (April 1, 2013 version). Groundwater contaminants with
potential for vapor intrusion (VI) in micrograms per liter (the equivalent of parts per billion), the
vapor intrusion screening levels for which are derived from the Residential Vapor Intrusion Screening Levels of the Division of Waste Management February 2018 version):

Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Standard (µg/L)
Residential VI
Screening
Level1
(µg/L)
NCAC 2L
Standard
(µg/L)
Benzene
MW-12 11/22/2016 1.82
16 1
2/1/2002 2.1
DMW-1 1/16/2012 2.81
9/9/1999 180
DMW-2 8/20/2004 4.7
2/22/2003 2,900
DMW-3 8/20/2004 1.4
MW-5 2/21/2004 1.2
MW-10 8/27/2010 6.3
2/23/2008 9.1
MW-1 9/9/1999 16
Carbon Tetrachloride
DMW-4 2/22/2011 5.5
4.1 0.3 8/22/2003 110
DMW-3 8/20/2004 59
MW-7 9/9/1999 6
Chlorobenzene
DMW-2 9/29/2018 200J
82 50
1/16/2012 256
MW-10 2/19/2005 51
MW-12 1/16/2012 54
8/20/2004 71

22008/Charlotte Aircraft (DRAFT 20190506)

2
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration Exceeding
Standard (µg/L)
Residential VI Screening
Level1
(µg/L)
NCAC 2L Standard
(µg/L)

1,2-Dichlorobenzene
DMW-2 9/29/2018 359
530 20
1/16/2012 408
MW-12 9/29/2018 55.8
2/1/2002 96
DUP-2
MW-12 11/22/2016 105
RW-1 11/21/2016 24.5
MW-5 1/16/2012 24.3
2/21/2004 250
MW-7 2/23/2008 34.6
GP2 6/6/1999 530*
GP7 6/6/1999 43
GP9 6/6/1999 110

1,4-Dichlorobenzene

DMW-2 9/29/2018 23.9

26

6

2/17/2010 56.2
MW-12 11/22/2016 21.3
9/9/1999 180
RW-1 11/21/2016 7.02
MW-5 8/27/2010 16.5
2/23/2008 33
DMW-1 9/9/1999 45
GP2 6/6/1999 80
GP7 6/6/1999 97
GP23 6/6/1999 23
1,1-Dichloroethane
DMW-2 9/29/2018 118J
76 6
MW-12 9/29/2018 23.8J
11/22/2016 58.6
DUP-2 (MW-12) 11/22/2016 126
GP7 6/6/1999 10

1,2-Dichloroethane

DMW-2 9/29/2018 2,100

22

0.4

DMW-3 8/20/2004 8.9
MW-12 11/22/2016 36.2
8/20/2004 94
DUP-2
(MW-12) 11/22/2016 0.582
MW-9 2/17/2010 0.6
2/21/2004 3.8

22008/Charlotte Aircraft (DRAFT 20190506)

3
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration Exceeding
Standard (µg/L)
Residential VI Screening
Level1
(µg/L)
NCAC 2L Standard
(µg/L)

1,2-Dichloroethane

MW-5 9/9/1999 16
22

0.4

MW-7 9/9/1999 6
GP2 6/6/1999 1.5
GP4 6/6/1999 8.5
GP9 6/6/1999 13
GP13 6/6/1999 11
1,1-Dichloroethylene
DMW-2 9/29/2018 425
39 350* MW-12 9/29/2018 57
11/22/2016 120
1,2-Dichloroethene (cis)
DMW-2 9/29/2018 15,000
NS 70
MW-12 9/29/2018 2,500
8/24/2001 8,100
DUP-2
(MW-12) 11/22/2016 5,830
RW-1 11/21/2016 70.1
2/22/2011 595
MW-5 1/16/2012 145
2/22/2003 20,000
MW-7 8/24/2001 280
1,2-Dichloropropane
DMW-4 2/17/2010 2
7.2 0.6 GP2 6/6/1999 1.3
GP13 6/6/1999 5
Methylene Chloride
MW-12 11/22/2016 35.1
940 5
2/21/2004 310
DMW-2 11/22/2016 1,960
8/27/2010 6,910
MW-9 2/22/2011 5.8
RW-1 8/27/2010 610
DMW-3 8/27/2010 320
GP7 6/6/1999 14
1-Methylnaphthalene
DMW-2 9/29/2018 1.9J
NS 1 MW-12 9/29/2018 31.8
MW-12 9/29/2018 42.3

Naphthalene

DMW-2 9/29/2018 257J
35

6

1/16/2012 640
MW-12 9/29/2018 182J
1/16/2012 276

22008/Charlotte Aircraft (DRAFT 20190506)

4
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration Exceeding
Standard (µg/L)
Residential VI Screening
Level1
(µg/L)
NCAC 2L Standard
(µg/L)

Naphthalene

DUP-2 (MW-12) 11/22/2016 164

35

6 DMW-1 1/16/2012 9.77
9/9/1999 30
MW-5 2/21/2004 9.7
9/9/1999 18
MW-1 9/9/1999 28
GP7 6/6/1999 33
GP9 6/6/1999 32
Propyl benzene
MW-12 11/22/2016 122
490 70 DUP-2
(MW-12) 11/22/2016 102
1,1,2,2-
Tetrachloroethane
MW-5 9/9/1999 1
32 0.2
MW-7 9/9/1999 4
MW-9 8/20/2004 1.2
9/9/1999 2
GP4 6/6/1999 3.1

Tetrachloroethylene

DMW-4 9/29/2018 62.9

12

0.7

2/17/2010 264
DMW-3 1/27/2014 7,000
8/25/2008 7,680
DMW-2 1/27/2014 28J
8/27/2010 56.9
MW-3 9/9/1999 1
MW-5 1/27/2014 20
9/9/1999 480
MW-7 8/27/2010 375
8/24/2001 1,600
MW-8 9/29/2018 0.97J
8/24/2004 24
MW-9 9/29/2018 31.6
2/13/2001 1,500
MW-10 9/29/2018 3.7
8/26/2006 5.9
MW-12 9/29/2018 19.5J
8/20/2004 110
DUP-2 (MW-12) 11/22/2016 69.5

22008/Charlotte Aircraft (DRAFT 20190506)

5
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration Exceeding
Standard (µg/L)
Residential VI Screening
Level1
(µg/L)
NCAC 2L Standard
(µg/L)

Tetrachloroethylene
RW-1 8/27/2010 182

12

0.7

2/17/2010 337
GP2 6/6/1999 11
GP4 6/6/1999 1,400
GP7 6/6/1999 27*
GP8 6/6/1999 5.4
GP9 6/6/1999 980
GP11 6/6/1999 1.7
1,1,2-Trichloroethane
MW-9 2/13/2001 2.8
1.2 NS MW-5 9/9/1999 1
DMW2 8/20/2004 3
GP2 6/6/1999 1.2

Trichloroethylene

DMW-2 9/29/2018 105J

1

3

4/7/2006 15,000
DMW-3 1/27/2014 9,500
8/25/2008 17,900
DMW-4 9/29/2018 260
1/27/2014 740
MW-2 9/9/1999 7
MW-4 9/9/1999 1
MW-5 1/27/2014 8.4
9/9/1999 3,600
MW-6 9/9/1999 2
MW-7 8/27/2010 72.4
2/13/2001 620
MW-8 8/20/2004 1.1
2/1/2002 1.9
MW-9 9/29/2018 13.7
9/9/1999 350
MW-10 8/26/2006 1.2
9/9/1999 2
MW-12 9/29/2018 1,880
8/24/2001 5,400
MW-13 9/9/1999 1
DUP-2
(MW-12) 11/22/2016 3,210

22008/Charlotte Aircraft (DRAFT 20190506)

6
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration Exceeding
Standard (µg/L)
Residential VI Screening
Level1
(µg/L)
NCAC 2L Standard
(µg/L)

Trichloroethylene

RW-1 11/21/2016 2,350

1

3
2/22/2011 26,300
GP2 6/6/1999 68*
GP4 6/6/1999 290
GP7 6/6/1999 2100*
GP8 6/6/1999 43
GP9
GP11 6/6/1999 280
GP11 6/6/1999 3.4
GP12 6/6/1999 11
GP13 6/6/1999 81
1,2,3-Trimethylbenzene
MW-12 11/22/2016 554
70 NS DUP-2 (MW-12) 11/22/2016 417
DMW-2 11/22/2016 434
1,2,4-Trimethylbenzene
DMW-2 9/29/2018 224J
35 400
11/22/2016 256
MW-12 9/29/2018 535
11/22/2016 909
DUP-2
(MW-12) 11/22/2016 131
Vinyl Chloride
MW-12 11/22/2016 0.932
1.5 0.03
2/21/2004 2.7
MW-5 1/16/2012 19.6
2/21/2004 650
DMW-2 2/21/2004 1.7
MW-9 8/20/2004 1.5
2/13/2001 6.2
GP2 6/6/1999 3.7
SP9 6/6/1999 400
Xylene, o- DMW-2 9/29/2018 247J
98 500 2/17/2010 498
MW-12 8/27/2010 103

22008/Charlotte Aircraft (DRAFT 20190506)

7
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration Exceeding
Standard (µg/L)
Residential VI Screening
Level1
(µg/L)
NCAC 2L Standard
(µg/L)
Total Xylenes
DMW-2 9/29/2018 247J
77 500
2/22/2003 1,100
MW-12
11/22/2016 153
1/16/2012 147
2/22/2011 140
DUP-2 (MW-12) 11/22/2016 150
Perchloroethylene
MW-12 11/22/2016 75.3
NS 0.7 DUP-2
(MW-12) 11/22/2016 69.5
RW-1 11/21/2016 5.97
Trichlorofluoromethane RW-1 9/27/2000 4,200 NS 2000
*Estimated Concentration
J-reported result is an estimate

22008/Charlotte Aircraft (DRAFT 20190506)

8
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):
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening Level
(mg/kg)
Residential
Screening
Level1 (mg/kg)
Arsenic
SB-1 0-2
10/12/2018
2.6
0.68
SB-2 0-2 1.9
SB-3 0-2 4.1
SB-4 0-2 4.3
SB-5 4 2.6
SB-6 4 2
SB-7 0-2 2.5
SB-8 0-2 4.3
SB-9 0-2 4.2
SB-10 0-2 3.7
SB-11 44 2.8
SB-12 0-2 2.7
SB-13 4 1.9
SB-14 4 2
SB-15 4 1.5
SB-16-1 3 2.8
SB-16-2 9 2.2
SB-17 2 4.3
Chromium (VI)
SB-1 0-2
10/12/2018
1.4
0.31
SB-3 0-2 1.7
SB-5 4 0.63
SB-6 4 1.1
SB-8 0-2 0.84
SB-9 0-2 0.99
SB-10 0-2 1.3
SB-11 4 1.7
SB-12 0-2 1.9
SB-14 4 0.8
SB-15 4 0.75
SB-16-1 3 2.6
SB-16-2 9 1.1
SB-17 2 0.93

22008/Charlotte Aircraft (DRAFT 20190506)

9
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening Level
(mg/kg)
Residential
Screening
Level1 (mg/kg)
Cadmium S-8 0-2 10/12/18 14.4 14
Naphthalene SB-15 4 10/12/2018 4.59 4.1
Trichloroethylene
SB-15 4
10/12/2018
1.15
0.87 DUP-S
(SB-15) 4 1.79
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed
for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. NE – No established screening level
2 The IHSB’s tabulated generic residential use preliminary remediation goal (“remedial goal”) for arsenic is 0.68 mg/kg. Based on site specific assessment data, the arsenic impacts on the Brownfields Property appear to be
naturally occurring except for SOIL 1 112117. Further, based on a site specific risk calculation using the current NCDEQ Risk Calculator, arsenic levels on the Brownfields Property do not exceed a Hazard Index of 1.

SOIL GAS

Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from 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)
Residential
Screening
Limit1
(µg/m3)
Chlorobenzene SGP-1 10/15/2018 550 350
Tetrachloroethylene SGP-3 10/15/2018 1400
310

280 SGP-5
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed
for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
2 No Standard
3 Under Reporting Limits
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LOT 121
DB 31586
PG 118
LOT 122
DB 33052
PG 204
LOT 118
DB 29050
PG 624
LOT 117
DB 31103
PG 830
LOT 116
DB 21003
PG 598
LOT 115
DB 08747
PG 769
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PG942
LOT 2
DB 31817
PG146
LOT 3
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PG 587
LAKE FORESTSUBDIVISIONLOT 4
DB 30905
PG 115
LOT 5
DB 21634
PG 75
LOT 6
DB 10710
PG 470
LOT 7
DB 06245
PG 072
LOT 8
DB 10642
PG637
LOT 7
DB 32732
PG 777
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LOT 6
DB 26812
PG135 LOT 5
DB 23211
PG551
LOT 4
DB12037
PG015 LOT 3
DB 32601
PG 998 LOT 2
DB 31679
PG915
HOMEOWNERS
ASSOCIATION THE LANDING
AT HICKORY GROVE
BRICKHOMEBLOCKBUILDINGBUILDLING 67
BUILDING 47
BUILDING 44
BUILDING 60BUILDING 59BUILDING 6BUILDING 7BUILDING 8BUILDING 5
BUILDING 10BUILDING 71
BUILDING 15
BUILDING 14
BUILDING 12
BUILDING 13
BUILDING 92BUILDING 90BUILDING 16BUILDING 4BUILDING 9
BUILDING 23
BUILDING 3
BUILDING 1BUILDING 2BUILDING 11
10915106
K SADE VENTURES LLC
7705 E W T HARRIS BV
DB 33188 PG 114
164.665.1
FENCE ENCROACHES
OVER BOUNDARY
IPF
IPF
IRF
IRF
IPF
IPF
IPF
IPF
IPF
CONTROL CORNER
N:537719.75
E:1485354.38
CONTROL CORNER
N:537164.07
E:1484776.32
LAT:35°12'54.7621"
LON:80°43'23.4150"
LAT:35°12'49.1670"
LON:80°43'30.2650"
DB 09541
PG 620
BYRUM LAND
&
T
IMBER

INCDB 04770
PG
087
N43°26'42"E,
51.31'
(CHORD OF
SPIRAL CURVE)
CHARLOTTE NC INC HICKORY
GROVE BAPTIST CHURCH
DB 17875 PG 385EUGENE & HEGGIE STEWARTDB 14023 PG 642CHARLOTTE NC INC HICKORY
GROVE BAPTIST CHURCH
DB 17875 PG 385
(CHORD OF SPIRAL CU
RVE)N41°26'30"E, 245.66'CP
CP
CP
N43°32'31"E110.33'N43°32'31"E
90.33'N08°11'51"W
13.11'
PROPOSED
FUTURE
AREA TO
NCDOT C1DATE:SCALE:DESIGNED:DRAWN:CHECKED:PEI JOB#:CONCEPTUAL LAYOUT:PRELIMINARY LAYOUT:FINAL DESIGN:RELEASED FOR CONST:PROJECT STATUSREVISIONS:DRAWING INFORMATIONSEALCLIENT INFORMATION:122 Cinema DriveWilmington, North Carolina 28403(910) 791-6707 (O) [phone] (F)TGCCJG1"= 60'12/7/18SHEET 1
17346.PEKSADE VENTURES1800 EASTWOOD RD, STE 114WILMINGTON, NC 28403IRON PIPE FOUND
IRON ROD FOUND
IRON ROD SET
PK NAIL FOUND
PK NAIL SET
CONCRETE MONUMENT FOUND
COMPUTED POINT
SAMPLING POINT SYMBOL
IPF
IRF
IRS
PKF
PKS
CMF
CP
BROWNFIELDS BOUNDARY LINE
ADJOINING BOUNDARY LINE
100-YR FLOOD LINENAD83 (2011)0 50 100 200 300 400
SCALE: 1"=100'
CERTIFICATE OF ACCURACY AND MAPPING
I, TIMOTHY G. CLINKSCALES, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY
SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED
DESCRIPTIONS RECORDED AS SHOWN HEREON); THAT THE BOUNDARIES NOT
SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION NOTED; THAT THE
RATIO OF PRECISION OR POSITIONAL ACCURACY IS __15,000___; AND THAT THIS PLAT
WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED, WITNESS MY ORIGINAL
SIGNATURE, LICENSE NUMBER AND SEAL THIS ______ DAY OF __________________, A.D.,
__________.
THAT THE SURVEY IS OF ANOTHER CATEGORY, SUCH AS THE RECOMBINATION OF
EXISTING PARCELS, A COURT-ORDERED SURVEY, OR OTHER EXEMPTION OR EXCEPTION
TO THE DEFINITION OF SUBDIVISION.
___________________________________________
TIMOTHY G. CLINKSCALES, PLS LICENSE NO. L-4953
NOTES
1.AREA CALCULATED BY COORDINATE METHOD.
2.ALL ELEVATIONS ARE (NAVD 88)
3.THIS PARCEL IS NOT LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA AS SHOWN ON
FEMA FLOOD MAP NO. 3710458300K BEARING AN EFFECTIVE DATE OF FEBRUARY 19, 2014.
4.UTILITIES AS SHOWN ARE PLOTTED FROM INFORMATION VISIBLE IN THE FIELD AND FROM
INFORMATION PROVIDED BY UTILITY COMPANIES. ADDITIONAL UTILITIES NOT SHOWN
MAY EXIST. THE APPROPRIATE UTILITY COMPANIES SHOULD BE CONTACTED PRIOR TO
LAND DISTURBING ACTIVITIES.
5.NO NCGS MONUMENTS FOUND WITHIN 2000' FROM SITE.
6.THIS LOT IS SUBJECT TO ALL UTILITY EASEMENTS, RESTRICTIONS, OR COVENANTS OF
RECORD.
7.THE AREAS AND TYPES OF CONTAMINATION DEPICTED HEREON ARE APPROXIMATIONS
DERIVED FROM THE BEST AVAILABLE INFORMATION AT THE TIME OF FILING. A LISTING
OF THE TECHNICAL REPORTS USED TO PREPARE THIS PLAT ARE AVAILABLE IN THE
BROWNFIELDS AGREEMENT FOR THIS PROPERTY.
8.THE PURPOSE OF THE FINAL PLAT IS TO INDICATE THE ENFORCEABLE RESTRICTIONS ON
PROPERTY USAGE THAT RUN WITH THE LAND TO ENSURE THAT FUTURE DEVELOPMENT
AND REDEVELOPMENT MAINTAINS THE SITE IN COMPLIANCE WITH ORDINANCE
REQUIREMENTS. THOSE RESTRICTIONS THAT SHOW UP ON THE RECORDED FINAL PLAT
SHALL BE PICKED UP BY THE SURVEYOR AND SHOWN ON THE LOT SURVEY GIVEN TO
PURCHASERS AT THE TIME OF CLOSING. IN THIS WAY, THE PROPERTY OWNER SHALL BE
MADE AWARE OF THE RESTRICTIONS AND SHALL MAINTAIN THE SITE IN COMPLIANCE
WITH ORDINANCE REQUIREMENTS
9.THE SUBDIVIDED PROPERTY IS CONSIDERED A LARGER COMMON PLAN OF
DEVELOPMENT AND THEREFORE WILL BE SUBJECT TO THE APPLICABLE PORTIONS OF
THE CITY OF ___CHARLOTTE____ POST-CONSTRUCTION STORM WATER ORDINANCE
DURING DEVELOPMENT AND REDEVELOPMENT (INCLUDING EXPANSION)
VICINITY MAP
NOT TO SCALE
NORTHRegal Oaks DrAlberm
a
r
l
e

R
d
L
aw
y
e
r
s
R
d
Winterhaven DrFarm Pond LaneLake Forest Road ETrys
t
i
n
g

R
d
Del
t
a

C
r
o
s
s
i
n
g

L
a
n
e
Harris Park Dr
Walla
c
e

A
v
eLawrence Orr RdHickory Grove Rd
Albermarle Rd E WT Harris Blvd
SITE
CERTIFICATE OF REGISTRATION BY REGISTER OF DEEDS
MECKLENBURG COUNTY
NORTH CAROLINA
FILED FOR REGISTRATION ON THE _____ DAY OF
______________ AT ______ (A.M./P.M.) AND DULY
RECORDED IN MAP BOOK _____, AT PAGE _____.
_________________________________________________
REGISTER OF DEEDS
REVIEW OFFICER CERTIFICATION
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG COUNTY
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 DATE
CERTIFICATE OF OWNERSHIP, DEDICATION AND JURISDICTION
I (WE) HEREBY CERTIFY THAT I AM (WE) ARE THE OWNER(S) OF THE
PROPERTY SHOWN AND DESCRIBED HEREON AND THAT I (WE)
HEREBY ADOPT THIS PLAN WITH MY (OUR) OWN FREE CONSENT AND
DEDICATE ALL STREETS, ALLEYS, WALKS, PARKS, CONSERVATION
SPACE AND AND OTHER AREAS TO PUBLIC OR PRIVATE USE AS
NOTED. ALL ROADS AND DRAINAGE EASEMENTS ARE DEDICATED FOR
PUBLIC UTILITY PURPOSES. FURTHER, I (WE) CERTIFY THE LAND AS
SHOWN HEREON IS LOCATED WITHIN THE SUBDIVISION JURISDICTION
OF MECKLENBERG COUNTY.
___________________________________________
SIGNATURE OF OWNER(S)DATE
OWNER: K SADE VENTURES LLC
1800 EASTWOOD RD
STE 114
WILMINGTON, NC 28403
ZONING - R-12MF (CD)
TOTAL AREA = 6)“$&“
AREA ALLOCATED TO N.C. BROWNFIELD PROGRAM
“6)25“$&
AREA PROPOSED TO NCDOT IN FUTURE
“6425“$&EXHIBIT B to the Notice of Brownfilds Property-SURVEY PLATPospective Developer & Owner: K Sade Ventures LLCBrownfields Property Name: Charlotte AircraftBrownfields Project No. 22008-18-0607705 E WT Harris Blvd, CharlotteTax Parcel ID 10915106, 10915107, 10915110Mecklenburg County, NCTHIS SURVEY WAS PERFORMED TO MEET FEDERAL GEOGRAPHIC
DATA COMMITTEE STANDARDS AS APPLICABLE; THAT THE ORIGINAL
GPS DATA WAS OBTAINED IN DECEMBER, 2016; THAT THE FIELD
LOCATION WAS COMPLETED ON JANUARY 5, 2015; THE PRIMARY
STATE PLANE COORDINATES SHOWN HEREON ARE NORTH
CAROLINA STATE PLANE VALUES (FIPS 3200) BASED ON THE NAD
1983 (NSRS 2011) NAVD 1988 (GEOID 12B) ADJUSTMENT AS
POSITIONED BY THE NCGS VRS NETWORK FROM OBSERVATIONS
MADE BY THIS OFFICE USING TOPCON HIOER V MODEL SURVEY
GRADE DUAL FREQUENCY RECEIVERS AND OBSERVED USING
MULTIPLE SESSIONS A MINIMUM OF 1,440 EPOCHS; ALL OTHER
COORDINATES ARE LOCALIZED GROUND VALUES DERIVED FROM
CONVENTIONAL METHODS BY THIS OFFICE; THIS SURVEY WAS
COMPILED TO MEET THE ASPRS STANDARDS FOR CLASS 1 MAP
ACCURACY AT 1 : 1,200 ( 1" = 100' ), ALL REPORTED VALUES ARE U.S.
SURVEY FEET.
GPS STATEMENT
CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA
C1 25.00'23.18'22.36'N 16°58'37" E 53°07'48"
DATE:SCALE:DESIGNED:DRAWN:CHECKED:PEI JOB#:CONCEPTUAL LAYOUT:PRELIMINARY LAYOUT:FINAL DESIGN:RELEASED FOR CONST:PROJECT STATUSREVISIONS:DRAWING INFORMATIONSEALCLIENT INFORMATION:122 Cinema DriveWilmington, North Carolina 28403(910) 791-6707 (O) [phone] (F)TGCCJGN/A12/7/18SHEET 2
17346.PEKSADE VENTURES1800 EASTWOOD RD, STE 114 WILMINGTON, NC 28403EXHIBIT B to the Notice of Brownfilds Property-SURVEY PLATPospective Developer & Owner: K Sade Ventures LLCBrownfields Property Name: Charlotte AircraftBrownfields Project No. 22008-18-0607705 E WT Harris Blvd, CharlotteTax Parcel ID 10915106, 10915107, 10915110Mecklenburg County, NCGROUNDWATER AND GROUNDWATER VAPOR INTRUSION
GROUNDWATER CONTAMINANTS IN MICROGRAMS PER LITER (THE EQUIVALENT OF PARTS PER BILLION), THE
STANDARDS FOR WHICH ARE CONTAINED IN TITLE 15A OF THE NORTH CAROLINA ADMINISTRATIVE CODE,
SUBCHAPTER 2L (2L), RULE .0202, (APRIL 1, 2013 VERSION). GROUNDWATER CONTAMINANTS WITH POTENTIAL FOR
VAPOR INTRUSION (VI) IN MICROGRAMS PER LITER (THE EQUIVALENT OF PARTS PER BILLION), THE VAPOR
INTRUSION SCREENING LEVELS FOR WHICH ARE DERIVED FROM THE RESIDENTIAL VAPOR INTRUSION SCREENING
LEVELS OF THE DIVISION OF WASTE MANAGEMENT FEBRUARY 2018 VERSION):
THE MOST RECENT ENVIRONMENTAL SAMPLING OF PERMANENT GROUNDWATER MONITORING
WELLS AT THE BROWNFIELDS PROPERTY REPORTED IN THE ENVIRONMENTAL REPORTS OCCURRED
ON SEPTEMBER 29, 2018.THE FOLLOWING TABLES SET FORTH, FOR CONTAMINANTS PRESENT AT
THE BROWNFIELDS PROPERTY ABOVE UNRESTRICTED USE STANDARDS OR SCREENING LEVELS,
THE HIGHEST AND MOST RECENT CONCENTRATION FOUND AT EACH SAMPLE LOCATION, AND THE
APPLICABLE STANDARD OR SCREENING LEVEL. SCREENING LEVELS AND GROUNDWATER
STANDARDS ARE SHOWN FOR REFERENCE ONLY AND ARE NOT SET FORTH AS CLEANUP LEVELS
FOR PURPOSES OF THIS AGREEMENT.
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):
“”
SOIL GAS
SOIL GAS CONTAMINANTS IN MICROGRAMS PER CUBIC METER, THE SCREENING LEVELS FOR WHICH ARE
DERIVED FROM RESIDENTIAL VAPOR INTRUSION SCREENING LEVELS OF THE DIVISION OF WASTE MANAGEMENT
(FEBRUARY 2018 VERSION):
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- NO STANDARD
3 -UNDER REPORTING LIMITS
LAND USE RESTRICTIONS
NCGS 130A-310.35(A) REQUIRES RECORDATION OF A NOTICE OF BROWNFIELDS
PROPERTY (“NOTICE”) THAT IDENTIFIES ANY RESTRICTIONS ON THE CURRENT AND
FUTURE USE OF A BROWNFIELDS PROPERTY THAT ARE NECESSARY OR USEFUL TO
MAINTAIN THE LEVEL OF PROTECTION APPROPRIATE FOR THE DESIGNATED CURRENT
OR FUTURE USE OF THE PROPERTY AND THAT ARE DESIGNATED IN A BROWNFIELDS
AGREEMENT PERTAINING TO THE PROPERTY. THIS SURVEY PLAT CONSTITUTES ONE OF
THREE EXHIBITS TO THE NOTICE PERTAINING TO THE BROWNFIELDS PROPERTY
DEPICTED ON THIS PLAT AND RECORDED AT THE MECKLENBURG COUNTY REGISTER OF
DEEDS' OFFICE. THE EXHIBITS TO THE NOTICE ARE: THE BROWNFIELDS AGREEMENT
FOR THE SUBJECT PROPERTY, WHICH IS ATTACHED AS EXHIBIT A TO THE NOTICE; A
REDUCED VERSION OF THIS SURVEY PLAT, WHICH IS ATTACHED AS EXHIBIT B TO THE
NOTICE; AND A LEGAL DESCRIPTION FOR THE SUBJECT PROPERTY, WHICH IS ATTACHED
AS EXHIBIT C TO THE NOTICE. THE LAND USE RESTRICTIONS BELOW HAVE BEEN
EXCERPTED VERBATIM FROM PARAGRAPH 15 OF THE BROWNFIELDS AGREEMENT, AND
ALL PARAGRAPH LETTERS/NUMBERS ARE THE SAME AS THOSE USED IN THE
BROWNFIELDS AGREEMENT. THE FOLLOWING LAND USE RESTRICTIONS ARE HEREBY
IMPOSED ON THE BROWNFIELDS PROPERTY AND SHALL REMAIN IN FORCE IN
PERPETUITY UNLESS CANCELED BY THE SECRETARY OF THE NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY (OR ITS SUCCESSOR IN FUNCTION), OR
HIS/HER DESIGNEE, AFTER THE HAZARDS HAVE BEEN ELIMINATED, PURSUANT TO NCGS
†$(
A. NO USE MAY BE MADE OF THE BROWNFIELDS PROPERTY OTHER THAN FOR HIGH
DENSITY RESIDENTIAL, RETAIL, OFFICE, RECREATION, OPEN SPACE, PARKING, AND WITH
PRIOR WRITTEN DEQ APPROVAL, OTHER COMMERCIAL USES. FOR PURPOSES OF THIS
RESTRICTION, THE FOLLOWING DEFINITIONS APPLY:
I. “HIGH DENSITY RESIDENTIAL” DEFINED AS PERMANENT DWELLINGS WHERE
RESIDENTIAL UNITS ARE ATTACHED TO EACH OTHER WITH COMMON WALLS, SUCH AS
CONDOMINIA, APARTMENTS, GROUP HOMES, DORMITORIES OR BOARDING HOUSES,
AND ANY PROPERTY OUTSIDE THE DWELLING STRUCTURES IS USABLE BY ALL
RESIDENTS AND NOT PRIVATELY OWNED AS PART OF A PARTICULAR UNIT (E.G.,
PRIVATELY-OWNED COURTYARDS ARE PROHIBITED), AND SHALL INCLUDE RELATED
AMENITIES, SUCH AS POOLS, CLUBHOUSES, COURTYARDS, COMMON AREAS,
RECREATION AREAS AND PARKING GARAGES.
II. “RETAIL” 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.
III. “OFFICE” DEFINED AS THE PROVISION OF BUSINESS OR PROFESSIONAL
SERVICES.
IV. “RECREATION” DEFINED AS INDOOR AND OUTDOOR
EXERCISE-RELATED, PHYSICALLY FOCUSED, OR LEISURE-RELATED ACTIVITIES,
WHETHER ACTIVE OR PASSIVE, AND THE FACILITIES FOR SAME, INCLUDING, BUT NOT
LIMITED TO, STUDIOS, SWIMMING POOLS, SPORTS-RELATED COURTS AND FIELDS, OPEN
SPACE, GREENWAYS, PARKS, PLAYGROUNDS, WALKING PATHS, AND PICNIC AND PUBLIC
GATHERING AREAS.
V. “OPEN SPACE” DEFINED AS LAND MAINTAINED IN A NATURAL OR
LANDSCAPED STATE AND USED FOR NATURAL RESOURCE PROTECTION, BUFFERS,
GREENWAYS, DETENTION FACILITIES FOR STORMWATER.
VI. “PARKING” DEFINED AS THE TEMPORARY ACCOMMODATION OF MOTOR
VEHICLES IN AN AREA DESIGNED FOR SAME.
VII. “COMMERCIAL” DEFINED AS AN ENTERPRISE CARRIED ON FOR PROFIT OR
NONPROFIT BY THE OWNER, LESSEE OR LICENSEE.
B. GROUNDWATER AT THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR ANY
PURPOSE 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
ENVIRONMENT.
D. 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”;
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 BELOW IN
SUBPARAGRAPH 15.H.
E. 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 BELOW IN SUBPARAGRAPH 15.H.
F. NO ENCLOSED BUILDING MAY BE CONSTRUCTED ON THE BROWNFIELDS
PROPERTY AND NO EXISTING BUILDING, DEFINED AS THOSE DEPICTED ON THE PLAT
COMPONENT OF THE NOTICE OF BROWNFIELDS PROPERTY REFERENCED IN
PARAGRAPH 20 BELOW, MAY BE OCCUPIED UNTIL DEQ DETERMINES IN WRITING THAT:
I. THE BUILDING IS OR WOULD BE PROTECTIVE OF THE BUILDING'S USERS,
PUBLIC HEALTH AND THE ENVIRONMENT FROM RISK OF VAPOR INTRUSION BASED ON
SITE ASSESSMENT DATA OR A SITE-SPECIFIC RISK ASSESSMENT APPROVED IN WRITING
BY DEQ; 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 DESIGNED, INSTALLED,
AND IMPLEMENTED IN A MANNER THAT WILL FULLY PROTECT PUBLIC HEALTH 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, AND TO DEQ. 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.
G. 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.
H. PHYSICAL REDEVELOPMENT OF THE BROWNFIELDS PROPERTY MAY NOT
OCCUR OTHER THAN IN ACCORD, AS DETERMINED BY DEQ, WITH AN EMP APPROVED IN
WRITING BY DEQ IN ADVANCE (AND REVISED TO DEQ'S WRITTEN SATISFACTION PRIOR
TO EACH SUBSEQUENT REDEVELOPMENT PHASE) THAT IS CONSISTENT WITH ALL THE
OTHER LAND USE RESTRICTIONS AND DESCRIBES REDEVELOPMENT ACTIVITIES AT THE
BROWNFIELDS PROPERTY, THE TIMING OF REDEVELOPMENT PHASES, AND ADDRESSES
HEALTH, SAFETY AND ENVIRONMENTAL ISSUES THAT MAY ARISE FROM USE OF THE
BROWNFIELDS PROPERTY DURING CONSTRUCTION OR REDEVELOPMENT IN ANY OTHER
FORM, INCLUDING WITHOUT LIMITATION:
I. SOIL AND WATER MANAGEMENT ISSUES, INCLUDING WITHOUT LIMITATION
THOSE RESULTING FROM CONTAMINATION IDENTIFIED IN THE ENVIRONMENTAL
REPORTS;
II. ISSUES RELATED TO POTENTIAL SOURCES OF CONTAMINATION
REFERENCED IN PARAGRAPHS 7 AND 8 ABOVE OR REFER TO EXHIBIT 2;
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;
I. NO LATER THAN JANUARY 30 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 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).
J. NEITHER DEQ, NOR ANY PARTY CONDUCTING ENVIRONMENTAL ASSESSMENT
OR REMEDIATION AT THE BROWNFIELDS PROPERTY AT THE DIRECTION OF, OR
PURSUANT TO A PERMIT, ORDER OR AGREEMENT ISSUED OR ENTERED INTO BY DEQ,
MAY BE DENIED ACCESS TO THE BROWNFIELDS PROPERTY FOR PURPOSES OF
CONDUCTING SUCH ASSESSMENT OR REMEDIATION, WHICH IS TO BE CONDUCTED
USING REASONABLE EFFORTS TO MINIMIZE INTERFERENCE WITH AUTHORIZED USES OF
THE BROWNFIELDS PROPERTY.
K. ANY DEED OR OTHER INSTRUMENT CONVEYING AN INTEREST IN THE
BROWNFIELDS PROPERTY SHALL CONTAIN THE FOLLOWING NOTICE: “THIS PROPERTY IS
SUBJECT TO THE BROWNFIELDS AGREEMENT ATTACHED AS EXHIBIT A TO THE NOTICE
OF BROWNFIELDS PROPERTY RECORDED IN THE MECKLENBURG COUNTY LAND
RECORDS, BOOK ____, PAGE ____.” A COPY OF ANY SUCH INSTRUMENT SHALL BE SENT
TO THE PERSONS LISTED IN SECTION XV (NOTICES AND SUBMISSIONS), THOUGH
FINANCIAL FIGURES AND OTHER CONFIDENTIAL INFORMATION RELATED TO THE
CONVEYANCE MAY BE REDACTED TO THE EXTENT SAID REDACTIONS COMPLY WITH THE
CONFIDENTIALITY AND TRADE SECRET PROVISIONS OF THE NORTH CAROLINA PUBLIC
RECORDS LAW. THE OWNER 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.
L. 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. IN DE MINIMIS QUANTITIES FOR CLEANING
AND OTHER ROUTINE HOUSEKEEPING AND MAINTENANCE ACTIVITIES.
M. WITHIN 30 DAYS PRIOR TO LAND DISTURBANCE ACTIVITIES THAT WILL IMPACT
EXISTING GROUNDWATER MONITORING WELLS, INJECTION WELLS, RECOVERY WELLS,
PIEZOMETERS AND OTHER MAN_MADE POINTS OF GROUNDWATER ACCESS AT THE
BROWNFIELDS PROPERTY, PROSPECTIVE DEVELOPER SHALL NOTIFY DEQ THAT IT IS
READY TO EFFECT THE ABANDONMENT OF THOSE WELLS THAT ARE LOCATED IN THE
AREA OF LAND DISTURBANCE, IN ACCORDANCE WITH SUBCHAPTER 2C OF TITLE 15A OF
THE NORTH CAROLINA ADMINISTRATIVE CODE, UNLESS AN ALTERNATE SCHEDULE IS
APPROVED BY DEQ. UNLESS DEQ NOTIFIES PROSPECTIVE DEVELOPER WITHIN 10 DAYS
OF RECEIVING SUCH NOTIFICATION TO REFRAIN FROM SUCH ABANDONMENT,
PROSPECTIVE DEVELOPER SHALL, ON A SCHEDULE ACCEPTABLE TO DEQ, EFFECT SAID
ABANDONMENT AND, WITHIN 30 DAYS AFTER DOING SO, PROVIDE DEQ A REPORT,
SUBJECT TO DEQ APPROVAL, SETTING FORTH THE PROCEDURES AND RESULTS.
N. THE OWNER OF ANY PORTION OF THE BROWNFIELDS PROPERTY WHERE ANY
SUBSEQUENTLY INSTALLED, DEQ-APPROVED MONITORING WELL IS DAMAGED BY THE
OWNER, ITS CONTRACTORS, OR ITS TENANTS SHALL BE RESPONSIBLE FOR REPAIR OF
ANY SUCH WELLS TO DEQ'S WRITTEN SATISFACTION AND WITHIN A TIME PERIOD
ACCEPTABLE TO DEQ, UNLESS COMPLIANCE WITH THIS LAND USE RESTRICTION IS
WAIVED IN WRITING BY DEQ IN ADVANCE.
O. DURING JANUARY OF EACH YEAR AFTER THE YEAR IN WHICH THE NOTICE OF
BROWNFIELDS PROPERTY REFERENCED BELOW IN PARAGRAPH 20 IS RECORDED, THE
OWNER OF ANY PART OF THE BROWNFIELDS PROPERTY AS OF JANUARY 1ST OF THAT
YEAR SHALL SUBMIT A NOTARIZED LAND USE RESTRICTIONS UPDATE (“LURU”) TO
DEQ, AND TO THE CHIEF PUBLIC HEALTH AND ENVIRONMENTAL OFFICIALS OF
MECKLENBURG COUNTY, CERTIFYING THAT, AS OF SAID JANUARY 1ST, THE NOTICE OF
BROWNFIELDS PROPERTY CONTAINING THESE LAND USE RESTRICTIONS REMAINS
RECORDED AT THE MECKLENBURG COUNTY REGISTER OF DEEDS OFFICE AND THAT
THE LAND USE RESTRICTIONS ARE BEING COMPLIED WITH. THE SUBMITTED LURU SHALL
STATE THE FOLLOWING:
I. THE NAME, MAILING ADDRESS, TELEPHONE AND FACSIMILE NUMBERS, AND
CONTACT PERSON'S E-MAIL ADDRESS OF THE OWNER SUBMITTING THE LURU IF SAID
OWNER ACQUIRED ANY PART OF THE BROWNFIELDS PROPERTY DURING THE PREVIOUS
CALENDAR YEAR;
II. THE TRANSFEREE'S NAME, MAILING ADDRESS, TELEPHONE AND FACSIMILE
NUMBERS, AND CONTACT PERSON'S E-MAIL ADDRESS, IF SAID OWNER TRANSFERRED
ANY PART OF THE BROWNFIELDS PROPERTY DURING THE PREVIOUS CALENDAR YEAR;
III. WHETHER ANY VAPOR BARRIER AND/OR MITIGATION SYSTEMS INSTALLED
PURSUANT TO SUBPARAGRAPH 15.F 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.
IV. A JOINT LURU MAY BE SUBMITTED FOR MULTIPLE OWNERS BY A DULY
CONSTITUTED BOARD OR ASSOCIATION AND SHALL INCLUDE THE NAME, MAILING
ADDRESS, TELEPHONE AND FACSIMILE NUMBERS, AND CONTACT PERSON'S E-MAIL
ADDRESS OF THE ENTITY SUBMITTING THE JOINT LURU AS WELL AS FOR EACH OF THE
OWNERS ON WHOSE BEHALF THE JOINT LURU IS SUBMITTED.
V. LURU'S SUBMITTED FOR ANY PORTION OF THE BROWNFIELDS PROPERTY
THAT CONTAINS RENTAL UNITS SHALL INCLUDE A LIST OF TENANTS AND THEIR
ADDRESSES.
VI. A PROPERTY OWNERS' ASSOCIATION OR OTHER ENTITY MAY PERFORM
THIS LURU'S DUTIES, ON BEHALF OF SOME OR ALL OWNERS OF THE BROWNFIELDS
PROPERTY, IF SAID ASSOCIATION OR ENTITY HAS ACCEPTED RESPONSIBILITY FOR
SUCH PERFORMANCE PURSUANT TO A NOTARIZED INSTRUMENT SATISFACTORY TO DEQ
THAT INCLUDES AT A MINIMUM, THE NAME, MAILING ADDRESS, TELEPHONE AND
FACSIMILE NUMBERS, AND E-MAIL ADDRESS OF EACH OWNER ON WHOSE BEHALF THE
LURU IS PROPOSED TO BE SUBMITTED.
FOR THE PURPOSES OF N.C.G.S. § 130A-310.35
______________________________________________________________
MICHAEL E. SCOTT, DIRECTOR DATE
DIVISION OF WASTE MANAGEMENT
STATE OF NORTH CAROLINA
COUNTY OF WAKE