Duplin BioEnergy BPA

Brownfields Property Application
North Carolina Brownfields Program
www.ncbrownfields.org
1. PROSPECTIVE DEVELOPER (PD) INFORMATION (USE TAB KEY TO GET TO NEXT
DATA ENTRY LINE — DO NOT USE THE RETURN KEY) ��y6789�
A. PD information: ~�
Entity name
Duplin BioEnergy, LLC
Principal Officer
Thomas J. McKittrick
Representative
Thomas J. McKittrick
Mailing Address
5320 Old Pineville Road
Charlotte, NC
28217
E-mail address
[e-mail]
Phone No.
704-717-5520
Fax No.
704-364-0090
Web site
www.forsiteinc.com
s
B. PD contact person information (i.e., individual who will serve as the NCBP's point of
contact if different than above):
Name
Company
Mailing Address
E-Mail Address
Phone No.
Fax No.
C. Information regarding all parent companies, subsidiaries or other affiliates of PD (attach
separate sheet(s) if necessary):
(Use for LLCs)
Member -managed or manager -managed? Answer: Manager -Managed
4

If manager -managed, provide name of manager and percent of ownership:
Name Thomas J. McKittrick
Ownership (%) 99%
Mailing Address 5320 Old Pineville Road
Charlotte, NC 28217
E-Mail Address [e-mail]
Phone No. 704-717-5520
Fax No. 704-364-0090
For all LLCs, list all members of the LLC and provide their percent of ownership:
Name
Eco-Industrial, LLC
Ownership (%)
100%
Mailing Address
5320 Old Pineville Road
Charlotte, NC 28217
E-Mail Address
[e-mail]
Phone No.
704-717-5520
Fax No.
704-364-0090
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
5

Managers of manager -managed LLCs are required to execute all brownfield documents for
the LLC; as to member -managed LLCs, state name of member who will sign these
documents.
Thomas J. McKittrick
List all parent companies, subsidiaries and other affiliates:
Cabin I, LLC
Clean Energy, LLC
East Carolina Energy Investments, LLC
Forsite Development, Inc
Forsite Development Partners, LLC
Forsite Ventures, LLC
Gastonia CRS Investments, LLC
Gastonia Poplar Investments, LLC
HQ 1, LLC
Lincolnton Investments, LLC
Lowell Investments I, LLC
McK, Inc.
Old Pineville Road Investments, LLC
Recovered Energy Investors I, LLC
REI 2, LLC
REI 3, LLC
Renewable Gas Partners, LLC
ReVenture Park Investments I, LLC
T-Max Investments, LLC
Vision Investments of Charlotte, LLC
Waste Knot Wood Products, LLC
(Use for Partnerships)
Check one: ❑General Partnership ❑Limited Partnership
List all partners and percent of ownership:
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Is this person a general or limited partner?
L

Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Is this person a general or limited partner?
List all parent companies, subsidiaries and other affiliates:
(Use for corporations other than LLCs)
(If information is the same as shown in 1.A., please indicate "same as 1.A. " below.)
Name
Mailing Address
E-Mail Address
Phone No.
Fax No.
List all parent companies, subsidiaries and other affiliates:
(Use for individuals)
(If individual is the same as shown in 1.A., -please indicate "same as 1.A."above.)
Name
Mailing Address
E-Mail Address
7

Phone No.
Fax No.
D. Does PD have or can it obtain the financial means to fully implement a brownfields
agreement and assure the safe reuse of the property? (Attach supporting documentation
such as letters of credit, financial statements, etc.)
Answer Yes
Explanation The Managing Member of Duplin BioEnergy, LLC, Tom McKittrick, is the
owner of Eco-Industrial, LLC, the owner of Duplin BioEnergy, LLC, and the owner of Forsite
Development, Inc. Forsite's core business is buying and repurposing industrial real estate.
Since 2004, Forsite has acquired and redeveloped approximately 6.5 million SF of industrial
space primarily located in North and South Carolina. Additionally Forsite developed and
owns 2 operating biomass CHP power projects at ReVenture Park. Also worth noting is
Forsite acquired 2 identical power plants located at Elizabethtown and Lumberton, NC.
Lumberton is currently undergoing a $40mm + biomass retrofit by the plants new owner.
Forsite is fully capable of providing the financial strength to implement a successful
Brownfield redevelopment of the Duplin BioEnergy property.
E. Does PD have or can it obtain the managerial means to fully implement a brownfields
agreement and assure the safe use of the property?
Answer Yes
Explanation Tom McKittrick, the President of Forsite Development, Inc., and Manager of
Duplin BioEnergy, LLC is familiar with the North Carolina brownfields process. Forsite has
extensive experience with North Carolina's Brownfield Program. Some of the previous and
current projects include; 200 Clanton Road in Charlotte, Gastonia Poplar Investments I, LLC,
Gastonia CRS Investments I, LLC, Lincolnton Investments I, LLC, Lowell Investments I, LLC,
Old Pineville Investments, LLC, ReVenture Park Investments I, LLC amoung others. The
Brownfields agreements for Lincolnton Investments, LLC, Lowell Investments I, LLC, and Old
Pineville Investments LLC are in the process of being completed. Finally, Mr. McKittrick
and/or his advisors have significant experience with the Brownfields Program and the
redevelopment of challenged properties, and are fully aware of the work and restrictions that
will be included in the Brownfields Agreement to assure the safe use of the property.
N.

F. Does PD have or can it obtain the technical means to fully implement a brownfields
agreement and assure the safe use of the property?
Answer Yes
Explanation Please see our responses to Questions I.D and I.E, above. Duplin BioEnergy,
LLC has the technical ability to fully implement a brownfields agreement and to assure the
safe use of the property. The entity has a range of engineering and environmental
experience available to it. In particular, Forsite has engaged Hart & Hickman PC, an
experienced environmental and brownfields consulting firm, to provide additional technical
assistance with the Brownfields Program and, specifically, the performance/management of
the scope of work.
G. Does PD commit that it will comply (and has complied, if PD has had a prior project in the
NCBP) with all applicable procedural requirements of the NCBP, including prompt payment of
all statutorily required fees?
Answer Yes
(List all NCBP project name(s) and NCBP project iD numbers where PD or any parent
company, subsidiary and other affiliate of PD has been a party to.)
Gastonia CRS Investments, LLC (BF # 11031-07-36)
Gastonia Poplar Investments, LLC (BF# 15004-11-36)
Old Pineville Investments, LLC (BF# 16022-12-60)
ReVenture Park Investments I, LLC (ReVenture East) (BF# 15020-11-60)
Reventure Park Investments I, LLC (ReVenture West) (BF# 14001-10-60)
Lincolnton Investments I, LLC - (BF # 16058-12-55)
Lowell Investments I, LLC - (BF# 17056-13-36)
H. Does PD currently own the property?
Answer No
If yes, when did PD purchase the property and from whom? (Provide name, address,
telephone number and email address of the contact person for the current
property owner.)
If no, provide the name, address, telephone number and e-mail address of the contact
person for the current property owner
Lear Corporation (Parent company to Guilford Mills, Inc.)
21557 Telegraph Road
Southfield, MI 480
9

I. If PD does not currently own the property, does PD have the property under contract to
purchase?
Answer Final contract negotiations are underway and PD expects to have the site
under contract by 11/6/15. PD has the plant equipment (verticle improvements) under contract.
The power plant was developed on a land leased parcel as part of a steam host agreement. The
transaction therefore has two sellers, plant equipment (above ground improvements) is Coastal
Carolina Clean Power, LLC (leased the land), and land seller is Lear Corporation, parent
company to Guildford Mills (entity that owns the and and leases it to Coastal Carolina).
If yes, provide date of contract.
If no, when does the PD intend to purchase the property (e.g., after the project is determined
to be eligible for participation in the NCBP, after PD receives a draft BFA, after the
conclusion of the brownfields process)? Note: the Act requires the PD to demonstrate that it
intends to either buy or sell the property.
PD has made eligibility for BFA a condition of the sale.
Describe all activities that have taken place on the property since PD or PD's parents,
subsidiaries and/or other affiliates, and/or lessees or sublessees of PD, took ownership of or
operated at the property (e.g., industrial, manufacturing or commercial activities, etc.).
(Include a list of all regulated substances as defined at NCGS § 130A-310.31(b)(11) that have
been used, stored on, or otherwise present at the property while those activities were
conducted, and explain how they were used.)
PD does not currently own the property
11. SITE INFORMATION
A. Information regarding the proposed brownfields property:
Proposed project name Duplin BioEnergy, LLC
acreage 15 +/- street address(es) 1838 N. NC 11 & 903 Hwy
city Kenansville County Duplin zip 228349
tax ID(s) or PIN(s) 13-927-3446-0014-9735
past use(s) Coal Fired Power Plant, Wood Fired Power Plant
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current use(s) Inactive
cause(s)/source(s) of contamination:
known
suspected Historical coal and wood ash storage for power plant production, historical
storage of railoroad ties. No ash impoundments exist on the site.
B. Regulatory Agency Involvement: List the site names and all identifying numbers (ID No.)
previously or currently assigned by any federal, state or local environmental regulatory
agencies for the property. The ID No's may include CERCLIS numbers, RCRA generator
numbers for past and present operations, UST database, Division of Water Quality's incident
management database, and/or Inactive Hazardous Sites Branch inventory numbers. (In
many instances, the PD will need to actively seek out this information by reading
environmental site assessment reports, reviewing government files, contacting government
officials, and through the use of government databases, many of which may be available over
the internet.)
Agency Name/ID No: NPDES Permit NCO058271
Agency Name/ID No: Air Permit 05492T23
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
C. In what way(s) is the property abandoned, idled, or underused?
Currently the facility is idle, with all equipment still on site and in place
D. In what way(s) is the actual or possible contamination at the property a hindrance to
development or redevelopment of the property (attach any supporting documentation such as
letters from lending institutions)?
Duplin BioEnergy, LLC needs to put traditional bank debt on the property for acquisition and
to demolish and/or redevelop/repower the site. Duplin BioEnergy, LLC, their banks, prospective
tenants, future users, investors, and/or purchasers will all require liability assurances in the form
of a Brownfield agreement.
E. In what way(s) is the redevelopment of the property difficult or impossible without a
brownfields agreement (attach any supporting documentation such as letters form lending
institutions)?
Without a Brownfields agreement, lending institutions will not loan the PD money to make
necessary improvements or to redevelop. Further, some users will not occupy or lease space in
the buildings without assurances of protection for environmental issues.
F. What are the planned use(s) of the redeveloped brownfields property to which the PD will
commit? Be as specific as specific as possible.
11

The PD is considering options for the plant including repowering with an alternative biomass
fuel as described above, or demolitioning so that the land can be redeveloped.
G. Current tax value of brownfields property: $Plant assessed value is $22.9mm and Land
assessed value is $2.8mm. The assessed value is based on an operating 32MW base load
power plant. PD will be working with Duplin County to reduce these taxes to an appropriate
number based on the plants shuttered status.
H. Estimated capital investment in redevelopment project: $200,000 if the plant is demolished,
but approximately $20mm to $40+mm if the plant is re -powered depending on size.
I. List and describe the public benefits that will result from the property's redevelopment. Be as
specific as possible. (Examples of public benefits for brownfields projects include job creation,
tax base increases, revitalization of blighted areas, preserved green space, preserved historic
places, improving disadvantaged neighborhood quality -of -life related retail shopping
opportunities, affordable housing, environmental cleanup activities or set asides that have
community or environmental benefits. In gauging public benefit, NCBP places great value
upon letters of support from community groups and local government that describe
anticipated improvements in quality of life for neighboring communities that the project will
bring about. The inclusion of such support letters with this application is recommended and
encouraged.)
The facility has been idle for 8 months and the buildings and power generating equipment
are in good working order. Redevelopment of the energy plant and some of the buildings will
breathe new life into an area suffering from job losses and add significant renewable energy to
North Carolina if repowered.
Special Note: Please describe all environment -friendly technologies and designs PD plans
to utilize in its redevelopment strategy. For example, environment friendly redevelopment
plans could include: Leadership in Energy and Environmental Design (LEED) Certification,
green building materials; green landscaping techniques such as using drought resistant
plants; energy efficient designs, materials, appliances, machinery, etc.; renewable sources of
energy, and/or recycling/reuse of old building materials such as brick or wood.
PD will be looking at repowering the plant with an alternative renewable fuel in lieu of
traditonal wood fuel. Fuels under consideration include Pipeline Directed Biogas, anerobic
digestor and energy crop fuels. If the plant is repowered, it will likely include a combined
heat and power (CHP) steam offtake agreement with the adjacent Guilford Mills
manufacturing plant. PD could also look at recycling concrete, steel, machinery and other
materials if it decides to sell off the energy producing equipment to other markets. PD will
work with prospective tenants to incorporate green initiatives into the design and construction
of any new building at the site. PD will look to incorporate many of the Eco Industrial themes
and strategies that are currently in place at PD's ReVenture Park project in Charlotte.
J. Who will own the brownfields property when the Notice of Brownfields Property is filed with
the register of deeds at the conclusion of the brownfields process? (If information is the
same as I.A. above, please indicate.)
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Name Same as 1.A
Mailing Address
E-Mail Address
Phone No.
Fax No.
III. OTHER REQUIRED INFORMATION
A. Brownfields Affidavit: PD must provide its certification, in the form of a signed and
notarized original of the unmodified model brownfields affidavit provided by NCBP, that it
did not cause or contribute to contamination at the property and that it meets all other
statutory eligibility requirements. (Note: The form to use for this affidavit is attached to this
application. It must be filled out signed notarized, and submitted with this application.)
Is the required affidavit, as described above, included with this application?
Answer Yes
B. Proposed Brownfields Agreement Form: PD must provide the completed form Proposed
Brownfields Agreement. (Note: The form to use for this document is attached to this
application. It must be filled out, initialed, and attached on your submittal.)
Is the required Proposed Brownfields Agreement. as described above. included with this
application?
Answer Yes
C. Location Map: PD must provide a copy of the relevant portion of the 1:24,000 scale
U.S.G.S. topographic quadrangle map that shows the property clearly plotted, and that
measures at least an 8 Y2 by 11 inches. (Note: these maps can be purchased through the
above link, or often through retail outdoor recreation stores that can print out the relevant
map. Often environmental reports have location maps that use this type of map as the base
for its location map.)
Is the required location map included with this application?
Answer Yes
D. Survey Plat: PD must provide a preliminary survey plat of the brownfields property with the
property boundaries clearly identified, and a metes and bounds legal description that
matches the property description on the plat. At this stage of the brownfields process; one
or more existing survey plats from a previous property conveyance will suffice. (Before the
brownfields project enters the public comment phase of the brownfields process, the PD will
be required to submit a final brownfields survey plat which includes the information listed in
the brownfields survey plat guidance.)
Is the required preliminary survey plat included with this application?
13

Answer Yes, a preliminary current survey draft is included along with the legal
description of the property with the metes and bounds.
E. Site Photographs: PD must provide at least one pre -redevelopment photograph of the
property, in either hard copy or electronic format that shows existing facilities and
structures. Please note that the NCBP prefers to have electronic photos instead of or
in addition to hard copies. Electronic copies of photographs should be emailed to:
Shirley.Liggins(ZDncdenr.aov with a clear indication as to which Brownfields
Application they apply to.
Are photographs of the property included with this application?
Answer Yes
Have electronic copies of the photographs been emailed to NCBP?
Answer Yes
F. Environmental Reports/Data: If it makes an affirmative eligibility determination, the NCBP
will request that PD provide any and all existing environmental reports and data for the
property on CD only. The brownfields process may be expedited if PD submits such
reports/data with this application.
Are any environmental reports/data being submitted with this application?
Answer No
If environmental reports/data are being submitted with this application, please provide the title,
date and author of each item being submitted:
IV. ADDITIONAL REQUIRED FORMS
The following forms are to be filled out and submitted with the application including the
Responsibility and Compliance Affidavit and the Proposed Brownfields Agreement.
Submittal of the Affidavit requires signature and notarization, and the Proposed
Brownfields Application requires an initial.
14

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
NORTH CAROLINA BROWNFIELDS PROGRAM
IN THE MATTER OF: Duplin BioEnergy, LLC
UNDER THE AUTHORITY OF ) AFFIDAVIT
NORTH CAROLINA GENERAL ) RE: RESPONSIBILITY
STATUTES 3130A-310.30, et. seq. ) AND COMPLIANCE
Thomas J. McKittrick, being duly sworn, hereby deposes and says:
1. I am <<the Manager -Member» of Duplin BioEnergy, LLC.
2. [if signatory is not President, add this paragraph: "I am fully authorized to make the declarations
contained herein and to legally bind Duplin BioEnergy, LLC."]
3. Duplin BioEnergy, LLC is applying for a Brownfields Agreement with the North Carolina Department
of Environment and Natural Resources, pursuant to N.C.G.S. 3 130A, Article 9, Part 5 (Brownfields
Act), in relation to the following 13-927-3446-0014-9735parcel(s) in Kenansville, Duplin, County,
North Carolina: 1838 N. NC 11 and 903 Hwy
4. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that Duplin
BioEnergy, LLC, and any parent, subsidiary or other affiliate meets the eligibility requirements of
N.C.G.S. 3 130A-310.3 l(b)(1 0), in that it has a bona fide, demonstrable desire to buy® sell ❑ for
the purpose of developing or redeveloping, and did not cause or contribute to the contamination at, the
parcel(s) cited in the preceding paragraph.
5. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that Duplin, LLC
meets the eligibility requirement of N.C.G.S.3130A-310.32(a)(1) in that it and any parent, subsidiary
or other affiliate have substantially complied with:
a. the terms of any brownfields or similar agreement to which it or any parent, subsidiary or
other affiliate has been a party;
b. the requirements applicable to any remediation in which it or any parent, subsidiary or other
affiliate has previously engaged;
C.
further
N
state laws, regulations and rules for the protection of the environment.
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15

Preliminary Proposed Brownfields Agreement
I. Property Facts
a. Property Address(es): 1838 N. NC 11 and 903 Hwy, Kenansville, NC 28349
b. Property Seller: Guilford Mills, Inc.
c. Property Buyer: Duplin BioEnergy, LLC
d. Brief Property Usage History: 1986-2014, Combined Heat and Power Plant
e. The planned reuse will potentially involve the following use classification(s) (check all that
apply):
❑ School/childcare/senior care
❑ Residential
® Commercial, retail (specify)
® Other commercial (specify)
® Office
® Light industrial
® Heavy industrial
❑ Recreational
❑ Open space
❑ Other (specify)
II. Contaminant Information
a. The contaminant situation at the property is best described by the following (check all that
apply):
❑ Contaminants are from an on -property source(s)
❑ Contaminants are from an off -property source(s)
❑ Contaminants are from an unknown source(s)
® Contaminants have not yet been documented on the property
16

b. Contaminated Media Table. (If known, check appropriate boxes below)
Contaminant
Soil
Groundwater
Private Wells
Vapor Intrusion
Types
and/or Surface
Water
known
Suspected
known
Suspected
known
suspected
known
suspected
o
Chlorinated
r
Solvents
9
(list):
a
n
i
c
s
Petroleum:
ASTs ❑
USTs ❑
Other ❑
Other (list):
PAHs
i
Metals
X
X
n
(list):
0
r
9
a
nOther
(list):
c
s
III. Protective Measures
I am prepared to take steps necessary to make the property suitable for its planned uses while
fully protecting public health and the environment. I propose that NCBP consider a brownfields
agreement that will make the property suitable for the planned use(s) through the following
mechanism(s) (check all that apply):
❑ Contaminant remediation to risk -based levels.
® Engineered Controls (e.g., low permeability caps, vapor mitigation systems, etc)
® Land use restrictions that run with the land that will restrict or prohibit uses that are
unacceptable from a risk assessment/management perspective. (Important Note: In any
17

final brownfields agreement generated by the NCBP, land use restrictions will ultimately
come with the continuing obligation to submit an annual certification that the Land Use
Restrictions are being complied with and are recorded at the applicable register of deeds
office.)
IV. Fees
In connection with a brownfields agreement, the Act requires that the developer pay fees to
offset the cost to the Department of Environment and Natural Resources and the Department of
Justice. In satisfaction of the Act, the following fees apply to any brownfields agreement that is
developed for this project, subject to negotiation of the brownfields agreement:
a. A $2,000 initial fee will be due from the applicant PD when both of the following occur:
1) NCBP receives this application and proposed brownfields agreement, AND
2) NCBP notifies the applicant in writing that the applicant PD and the project are eligible for
participation in the NCBP and continued negotiation of a brownfields agreement.
b. A second fee of $6,000 will be due from the PD prior to execution of the brownfields
agreement. Should the prospective developer choose to negotiate changes to the agreement
that necessitate evaluation by the Department of Justice, additional fees shall apply.
c. Any addendum/modifications to the BFA or NBP after they are in effect will result in an
additional fee of at least $1,000.
d. In the unexpected event that the environmental conditions at the property are unusually
complex, such that NCBP's costs will clearly exceed the above amounts, NCBP and PD will
negotiate additional fees.
® Please check this box and initial in space provided to indicate your
acknowledgement of the above fee structure.
Date of Submittal:
M;

III. OTHER REQUIRED INFORMATION
C. LOCATION MAP
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U.S.G.S. QUADRANGLE MAP
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III. OTHER REQUIRED INFORMATION
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