HomeMy WebLinkAbout23064_DKeffer Pontiac_BPAhart °''� hickman
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SMARTER ENVIRONMENTAL SOLUTIONS
Via Email and FedEx
November 12, 2019
NCDEQ — Division of Waste Management
Brownfields Program
1646 Mail Service Center
Raleigh, NC 27699-1646
Attn: Ms. Shirley Liggins
Re: Brownfield Property Application
Former Auto Dealership
1001 Tyvola Road
Charlotte, North Carolina
H&H Project No. SHR-004
Dear Ms. Liggins:
On behalf of Tyvola Station Partners, LLC, enclosed please find the original signed and
notarized Brownfields Property Application package for the above referenced site located in
Charlotte, NC. In addition, we have also included the Redevelopment Now Consent Fee Form
and a check in the amount of $30,000. Electronic copies of the prior environmental reports
identified in Section IV. F. of the Application are provided on the attached CD. An electronic
copy of the application was submitted via email on November 12, 2019.
If you have any questions or comments, please do not hesitate to contact me.
Sincerely,
Hart & Hickman, PC
Brett Lawrence, PG
Project Geologist
Enclosures
cc: Mr. Todd Jackovich; Tyvola Station Partners. LLC (via email)
2923 South Tryon Street, Suite 100 3921 Sunset Ridge Rd, Suite 301
Charlotte, NC 28203 Raleigh, NC 27607 www.harthickman.com
704.586.0007 main 919.847.4241 main
Standard and Redevelopment Now Track
Brownfields Property Application
North Carolina Brownfields Program
httgs:Hdeil.nc.gov/about/divisions/waste-manao.einent/bf
I. PROSPECTIVE DEVELOPER (PD) CONTACT INFORMATION
(USE TAB KEY TO GET TO NEXT DATA ENTRY LINE - DO NOT USE THE RETURN KEY)
A. Prospective Developer
ENTITY NAME TYVOLA STATION PARTNERS, LLC
ENTITY MANAGER
MAILING ADDRESS
EMAIL ADDRESS
PHONE NUMBER
FAX NUMBER
WEBSITE
Todd Jackovich
330 Franklin Road, Suite 135A-591, Brentwood, TN 37027-3282
toddj@stonehengereg.com
615-630-0013
Click or tap here to enter text.
www.stonehengereg.com
PD CONTACT (IF DIFFERENT FROM
REPRESENTATIVE
Brett Lawrence
EMAIL ADDRESS
blawrence@harthickman.com
PHONE NUMBER
704-887-4601
B. Environmental Consultant (if applicable)
COMPANY NAME HART & HICKMAN, PC
PROJECT MANAGER Brett Lawrence
MAILING ADDRESS 2923 S. Tryon Street, Suite 100, Charlotte, NC 28203
EMAIL ADDRESS blawrence@harthickman.com
PHONE NUMBER 704-887-4601
FAX NUMBER 704-586-0373
WEBSITE www.harthickman.com
C. Environmental Attorney (if applicable)
FIRM NAME CLICK OR TAP HERE TO ENTER TEXT.
ATTORNEY NAME
Click or tap here to enter text.
MAILING ADDRESS
Click or tap here to enter text.
EMAIL ADDRESS
Click or tap here to enter text.
PHONE NUMBER
Click or tap here to enter text.
FAX NUMBER
Click or tap here to enter text.
WEBSITE
Click or tap here to enter text.
1
II. SITE INFORMATION
A. Information regarding the proposed Brownfields Property:
HISTORIC NAME DICK KEFFER PONTIAC BUICK GMC
(IF AVAILABLE)
STREET ADDRESS
1001 Tyvola Road (Parcel ID: 16908402) and 450 Minuet Lane (Parcel
ID: 16908410)
CITY
Charlotte
COUNTY
Mecklenburg
ZIP CODE
28217
TAX ID(S) OR PIN(S)
16908402, 16908401, and 16908410
ACREAGE
12.12
In the earliest historical resource reviewed, a 1938 aerial photograph, the
subject Site primarily consisted of vacant or agricultural use land and
undeveloped wooded land. Two residential structures were present in the
eastern portion of the Site at that time. The Site remained in this
configuration through the mid-1970s. In 1976, a 53,946-square foot (SF)
automotive dealership building was constructed and operated as Dick
Keffer Pontiac Buick GMC. In 1981, a 2,240 SF building was constructed
PAST USE(S)
in the eastern portion of the Site and utilized for used car sales. In 1987, a
1,468 SF building was constructed in the western portion of the Site and
utilized as a truck sales office and later a collision center office. In 2005,
a building addition was constructed to the north portion of the main
dealership building and used for automotive body and painting operations.
The Site has historically operated as an automotive dealership under
several names and most recently operated as Keffer Pre -owned South.
The Site has been vacant since 2018. The northwest portion of the Site is
undeveloped wooded land.
CURRENT USE(S)
None - Vacant
® On -property source(s)
Explanation: A Phase I Limited Site Assessment (LSA) was conducted at
the Site in January 2008 associated with on -Site LUST Incident No.
27949. The results of the Phase I LSA indicated that benzene and 1,2-
dichloroethane were detected in groundwater at the Site at concentrations
above 2L Standards. A Notice of Residual Petroleum (NORP), which
includes a groundwater use restriction, was filed on the Site in March
2008. Subsequently, DEQ granted a notice of no further action (NFA) for
the release incident in March 2008. H&H conducted a Phase II
CONTAMINANTS AND
Environmental Site Assessment (ESA) at the Site in June 2019 that
THEIR SOURCE(S)
included the collection of groundwater, soil, soil gas, and sub -slab vapor
samples for laboratory analysis. The results of the soil analysis indicated
that petroleum -impacted soils remain in place at the Site associated with
nine (9) of the 23 former in -ground hydraulic lifts at concentrations above
DEQ Action Levels. The results of the sub -slab vapor and soil gas
analysis indicated that several volatile organic compounds (VOCs) were
detected above laboratory reporting limits. The results of the cumulative
risk calculations indicate the potential carcinogenic and noncarcinogenic
risks associated with the sub-slab/soil gas detections are within the range
of acceptable limits under both future residential and non-residential use
scenarios.
2
0
ra
0
y
® Off -property source(s)
Explanation: The results of the June 2019 Phase II ESA indicated that one
compound (1,2-dichloroethane) was detected in one background
(upgradient) well location and one additional well location (hydraulically
downgradient of the background well) at concentrations above the 2L
Standard. No other compounds were detected in the groundwater samples
at concentrations above 2L Standards and no compounds were detected at
concentrations above the Vapor Intrusion Groundwater Screening Levels
(GWSLs). Several potential upgradient groundwater sources are present in
the Site area which could be the source of the 1,2-dichloroethane detected
in the background (upgradient) well during the June 2019 Phase 11 ESA.
❑ Unknown source(s)
Explanation: Click or tap here to enter text.
❑ Contaminants have not yet been documented at the property
Explanation: Click or tap here to enter text.
B. Contaminated Media Table. (If known or suspected, check appropriate boxes below:)
Contaminant
Types
Chlorinated
Solvents:
Petroleum (i.e.
BTEX, PAHs):
Soil Groundwater Surface
Water
❑ Known
® Known
❑ Suspected
❑ Suspected
® Known
❑ Known
❑ Suspected
❑ Suspected
Other ❑ Known ❑ Known
VOCs/SVOCs: ❑ Suspected ❑ Suspected
❑ Known
❑ Suspected
❑ Known
❑ Suspected
❑ Known
❑ Suspected
Private Wells
Vapor
Intrusion
R ❑ Known
® Known
❑ Suspected
❑ Suspected
❑ Known
® Known m
❑ Suspected
❑ Suspected
❑ Known
❑ Known
❑ Suspected
❑ Suspected
Metals: ❑ Known ❑ Known ❑ Known El Known
o
❑ Suspected ❑ Suspected ❑ Suspected ❑ Suspected
ra
- ❑ Known
" ❑ Known ❑ Known ❑ Known ❑ Known ❑ Suspected
Mercury:
❑ Suspected ❑ Suspected ❑ Suspected ❑ Suspected
C. Re ug latory 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
3
databases, many of which may be available over the internet.)
*To add additional items, select the + in the bottom right corner of the table.
REGULATORY AGENCY FACILITYANCIDENT NUMBER
UST Dick Keffer / Incident No. 27949
REGULATORY AGENCY facility/incident number
HAZARDOUS WASTE Dick Keffer / EPA ID No. NCD024493777
III. PROPOSED REDEVELOPMENT
A. What are the planned use(s) of the redeveloped brownfields property to which the PDwill
commit?
PROPOSED REUSE
❑ INDUSTRIAL
Z OFFICE
Z PARKING
Z RETAIL
❑ WAREHOUSING
Z COMMERCIAL
Z MULTI -FAMILY
RESIDENTIAL
i.e. condos & apartments; no single-family
or townhomes
❑ RECREATIONAL
❑ INSTITUTIONAL
❑ OTHER
DETAILS
Click or tap here to enter text.
Proposed buildings may include office space.
Proposed parking areas will surround the proposed
buildings.
Proposed buildings may include retail space.
Click or tap here to enter text.
Proposed buildings may contain commercial space.
Four multi -family apartment buildings are proposed at
this time that may include 298 for -rent residential
units.
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
B. Check all of the public benefits that will result from the property's redevelopment.
Z JOB CREATION
Z TAX BASE Z REVITALIZATION
INCREASES OF BLIGHTED AREAS
4
❑ PRESERVED
GREEN SPACE
❑ PRESERVED
❑ AFFORDABLE/
❑ ENVIRONMENTAL
® EXPANDED USE
HISTORIC PLACES
WORKFORCE
CLEANUP ACTIVITIES
OF PUBLIC
HOUSING
❑ PUBLIC
TRANSPORTATION
❑ CONSERVATION
❑ RENEWABLE
❑ DIRECTED
ENERGY
HEALTH RISK
RESOURCES
EASEMENT
REMEDIATION
Describe any additional public benefits below:
Click or tap here to enter text.
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 ofsuch support letters with this
qpplication is recommended and encouraged.)
Special Note: Please describe all environment -friendly technologies and designs PD plans to utilize
in its redevelopment strategy. For example, environment friendly redevelopment plans could include:
Leadership in Energy and Environmental Design (LEED) Certification, green building materials;
green landscaping techniques such as using drought resistant plants; energy efficient designs,
materials, appliances, machinery, etc.; renewable sources of energy, and/or recycling/reuse of old
building materials such as brick or wood.
The PD will consider the use of environment -friendly technologies during redevelopment.
IV. SITE MEETS STATUTORY BROWNFIELDS DEFINITION
(§NCGS.130A-310.3l.b Definition of a `Brownfields Property" or "Brownfields Site')
A. Is the property abandoned, idled, or underused? Is future redevelopment hindered at the property?
Explain: The property is located in southwest Charlotte in close proximity to the Lynx Blue Line
light -rail and the Tyvola Station light -rail station. Increased high -density residential and commercial
development has occurred along the light -rail corridor near the Site in recent years. Despite the Site's prime
location, the Site has remained vacant since 2018 and is partially undeveloped. Based on the vacant nature
of the Site, the undeveloped portion of the Site, the proximity of the Site to the Lynx light -rail, and recent
redevelopment projects completed in the nearby surrounding area, the property is being significantly
underused.
B. Location Map: PD must provide a copy of the relevant portion of the 1:24,000 scale U.S.G.S.
topographic quadrangle map that shows the location of the property, clearly plotted, and that
measures at least an 8 '/2 by 11 inches. (Note: these maps can be purchased through the above
link, or often through retail outdoor recreation stores that can print out the relevant map. Often
environmental reports have location maps that use this type of map format as the base for its
location map.)
Is the required location map included with this application? ® Yes
5
C. Survey Plat: PD must provide a preliminary survey plat of the property with the Proposed
Brownfields Property boundaries clearly identified. 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 surva plat included with this application? N Yes
D. Legal Description: PD must provide a legal description with metes and bounds that matches the
Proposed Brownfields Property description on the plat.
Is the required preliminM legal description included with this application? N Yes
E. Site Photographs: PD must provide at least one pre -redevelopment photograph of the property,
in electronic format, that shows existing facilities and structures. Electronic copies of
photographs should be emailed to: hirle1,Liggins .ncdenr.gov with a clear indication as
to which Brownfields Application they apply to.
Have electronic copies of the photographs been emailed to NCBP? N 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 in
electronic format. 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? N Yes
Please provide the title, date and author of each item being submitted:
*To add additional items, select the + in the bottom right corner of the table.
— -- --
Environmental Reports_
Report �
Prepared by
Phase I ESA — Vacant Automotive
Hart & Hickman, PC
Dealership
T
Phase II ESA — Vacant Automotive
Hart & Hickman, PC
Dealership_
Date
April 26, 2019
July 29, 2019
V. PD APPLICANT MEETS STATUTORY DEFINTION OF PROSPECTIVE
DEVELOPER
(§NCGS.130A-310.31. b Definition of a "Prospective Developer')
A. Information regarding all parent companies, subsidiaries or other affiliates of PD (attach
separate sheet(s) if necessary):
CHOOSE AN ITEM. TYVOLA STATION PARTNERS, LLC
NAME Member Name(s): Stonehenge Real Estate Consulting Group, LLC
PERCENT OF 100%
OWNERSHIP
MAILING ADDRESS 330 Franklin Road, Suite 135A-591, Brentwood, TN 37027-3282
EMAIL ADDRESS toddj@stonehengereg.com
PHONE NUMBER 615-630-0013
FAX NUMBER Click or tap here to enter text.
B. 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.
Todd Jackovich
C. List all parent companies, subsidiaries and other affiliates:
PROPERTY OWNERSHIP
❑ PD OWNS PROPERTY DATE OF PURCHASE Click or tap to enter a date.
® PD DOES NOT OWN CURRENT PROPERTY OWNER INFORMATION
PROPERTY NAME Richard W Keffer Jr Revocable Trust c/o Keffer
Management Company
ADDRESS 8110 East Independence Boulevard, Charlotte, NC 28227
PHONE NUMBER Unknown
® PD HAS PROPERTY
UNDER CONTRACT
❑ PD DOES NOT OWN
OR HAVE THE
PROPERTY UNDER
CONTRACT
EMAIL ADDRESS Unknown
DATE OF CONTRACT 4/11/2019
After Brownfields Eligibility
If other, explain:Click or tap here to enter text.
D. 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.)
N/A. The Brownfields property is under contract for purchase, is not yet owned by the PD, the PD
has not operated at the Brownfields property, and the PD is not affiliated with the property owner.
E. Brownfields Affidavit: PD must provide its certification, in the form of a signed and notarized
original of the unmodified model brownfields affidavit provided by NCBP, that it did not cause
or contribute to contamination at the property and that it meets all other statutory eligibility
requirements. (Note: The form to use for this affidavit is attached to this application. An
original hard copy of this affidavit must be filled out, signed, notarized and submitted with this
application.)
Is the required affidavit, as described above, included with this application? ® Yes
F. PD Entity is registered with the North Carolina Secretary of State office. ® Yes
P1
VI. PD APPLICANT'S STATUTORY DEMONSTRATIONS/ADMINSTTRATIVE
REQUIREMENTS (§NCGS.130A-310.32(a) regarding demonstrations made by prospective
developer.)
A. Current tax value of brownfields property: $8,381,400 (total Brownfields property tax value
including Parcel IDs: 16908402, 16908401, and 16908410)
B. Estimated capital investment in redevelopment project: $ 50,000,000
C. Does PD have or can it obtain the financial means to fully implement a Brownfields Agreement
and assure the safe reuse of the property? Submit, in hard copy under a separate cover, supporting
documentation such as letters of credit, financial statements, etc.
Yes — the PD is a real estate development company with extensive experience throughout the
Southeastern US. The PD has sufficient cash reserves and other financial resources to fully
implement a Brownfields Agreement and assure the safe reuse of the property.
D. Does PD have or can it obtain the managerial means to fully implement a Brownfields Agreement
and assure the safe use of the property?
Yes — the PD has extensive experience managing real estate development and construction projects.
Additionally, the PD has retained professionals, including Hart & Hickman, PC, who are
experienced in Brownfields redevelopment and the implementation of Brownfields requirements in
particular. These professionals (i) have significant experience with the Brownfields Program and
the redevelopment of challenged properties, and (ii) are aware of the work and restrictions that are
typically included in Brownfields Agreements to assure the safe reuse of property. The
combination of these resources will ensure successful implementation of a Brownfields Agreement
and the safe reuse of the property.
E. Does PD have or can it obtain the technical means to fully implement a Brownfields Agreement
and assure the safe use of the property?
Please see our responses to Questions VI.0 and VI.D, above. The PD has the technical ability to
fully implement a Brownfields Agreement and to assure the safe reuse of the property. It has a
range of engineering and environmental experience available to it. In particular, the PD has hired
Hart & Hickman, PC to assist with the technical aspects of both this application and the
implementation of an eventual Brownfields Agreement (including techncial "work to be
performed"). Hart & Hickman has extensive experience with Brownfields projects in North
Carolina and is thoroughly familiar with the technical aspects and requriements of the Brownfields
program.
F. Does PD commit that it will comply with all applicable procedural requirements of the NCBP,
including prompt payment of all statutorily required fees? N Yes
G. Has PD 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?
Not applicable.
*To add additional items, select the + in the bottom right corner of the table.
9
VII. FEES
To produce a Brownfields Agreement, the Act requires that the developer pay fees to offset the cost
to the Department of Environmental Quality and the Department of Justice. In satisfaction of the
Act, the following fees apply to a Brownfields Agreement, subject to negotiation of the Brownfields
Agreement. There is a Standard Fee Option and a "Redevelopment Now" Fee Option. For more
details, see our website, www.ncbrownfields.org.
Select one of the following fee options below:
The Standard Fee Option
a. $2,000 initial fee will be due from the applicant PD when both of the following occur:
1) NCBP receives this application and affidavit; 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.
❑ Please check this box and initial below to indicate your application is under the
Standard Brownfields fee structure. Fee will be invoiced.
Click or tap here to enter text.
Initial
Click or tap to enter a date.
Date of Submittal
The Redevelopment Now Fee Option
a. A $30,000 fee due with this application (fully refunded if not found to eligible).
b. A Signed Fee Consent Document.
® Please check this box and initial below to indicate your application is under the
Redevelopment Now Program Option and your acknowledgement of the alternate fee
structure as outlined in the Redevelopment Now Fee Consent Document. Fee should be
submitted with this application.
X ) di'
Initial 0 Date of Submittal
Other Potential Fees to be aware of in satisfaction of the statute:
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 for defraying costs to DEQ for addendum/modification.
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 as appropriate.
0
North Carolina Brownfields Program
Redevelopment Now
Fee Consent Document
I, the undersigned, am the authorized agent of Tyvola Station Partners, LLC ("Prospective Developer"),
who seeks to engage the North Carolina Brownfields Program ("Program") to develop a Brownfields
Agreement under N.C.G.S. 130A-310.30, et seq. for the following property:
Historic Site Name: Dick Keffer Pontiac Buick GMC
Street Address: 1001 Tyvola Road and 450 Minuet Lane
City: Charlotte
Zip Code: 28217
County: Mecklenburg
Prospective Developer is herewith paying a $30,000.00 fee to the Program, by check payable to
"NCDEQ," in satisfaction of a Prospective Developer's obligations under N.C.G.S. 130A-310.39(a).
Prospective Developer understands that payment of this fee entitles Prospective Developer to
expedited Program review of technical documents and processing of a draft Brownfields Agreement
and ancillary documents regarding the project in question.
Prospective Developer further understands that payment of this fee in no way guarantees successful
completion of the Brownfields process regarding the project.
I understand that, pursuant to payment of the fees, the Program shall handle the subject project under
the Program's expedited processing provisions, with appropriate staff resources, so long as
Prospective Developer is engaging in the process in good faith and complying with the Program's
procedures.
Should the Program determine that the resources required to complete the brownfields process in
regard to the subject project ever exceed the fee set forth herein due to unforeseen technical,
administrative, or regulatory complexities, the Program may (1) remove the project from the
expedited processing program and return it to standard processing status, or (2) expend resources it
deems reasonable seeking to negotiate an additional fee that the Program deems sufficient to complete
the Brownfields process in regard to the project.
Disclaimers:
1) The Program makes no promises or claims that payment of the subject fee will result in successful completion of the
Brownfields process regarding this project.
2) Public comment shall be solicited pursuant to N.C.G.S. 130A-310.34, and may affect the outcome of the Brownfields
process regarding this project, including without limitation its timing and/or provisions/features of the Brownfields
documents and plat.
Prospective Developer: Tyvola Station Partners, LLC
Mailing Address: 330 Franklin Road, Suite 135A-591, Brentwood, TN 37027-3282
By: ��,�'
Name typed or printed
Title typed or printed:
,Tacf!®vt.�Gl
Nt,gW 4&M
Date: // ,� I
10
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
NORTH CAROLINA BROWNFIELDS PROGRAM
IN THE MATTER OF: Tyvola Station Partners, LLC
UNDER THE AUTHORITY OF ) AFFIDAVIT
NORTH CAROLINA GENERAL ) RE:RESPONSIBILITY
STATUTES 3 130A-310.30, et. seq. ) AND COMPLIANCE
Todd Jackovich, being duly sworn, hereby deposes and says:
1. I am manager of Tyvola Station Partners, LLC.
2. I am fully authorized to make the declarations contained herein and to legally bind
Tyvola Station Partners, LLC.
3. Tyvola Station Partners, LLC is applying for a Brownfields Agreement with the North Carolina
Department of Environmental Quality, pursuant to N.C.G.S. 3 130A, Article 9, Part 5
(Brownfields Act), in relation to the following three parcel(s) in Charlotte, Mecklenburg ,County,
North Carolina: PIN 16908402 (1001 Tyvola Road), PIN 16908410 (450 Minuet Lane), and PIN
16908401 (no address).
4. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that
Tyvola Station Partners, LLC, and any parent, subsidiary or other affiliate meets the eligibility
requirements of N.C.G.S. 3 130A-310.31(b)(10), in that it has a bona fide, demonstrable desire to
develop or redevelop, and did not cause or contribute to the contamination at, the parcel(s) cited in
the preceding paragraph.
5. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that
Tyvola Station Partners, 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. federal and state laws, regulations and rules for the protection of the
environment. Affiant further saith not.
Signature/Printed Na
Sworn to and subscribed before in
this 5411k day of 1�►��►� , 20 (i.
�v . Notary Public
- L�6y commission expires: au i
Date: / /A/'/
11
Attachment A
Site Location Map
APPROXIMATE
N 0 2000 4000
SCALE IN FEET
U.S.G.S. QUADRANGLE MAP
CHARLOTTE WEST, NORTH CAROLINA, 1996
QUADRANGLE
7 5 MINUTE SERIES (TOPOGRAPHIC)
TITLE
SITE LOCATION MAP
PROJECT
VACANT DEALERSHIP
1001 TYVOLA ROAD
CHARLOTTE, NORTH CAROLINA
hart
100
or th Street-Suite282 3
h i e k m a n Char
Charlotte, North Carolina 28203
Sour,Sout
704-586-0007 (p) 704-586-0373 (0
',MARTFR FNVIRONMFNIAl SOLUTIONS
DATE:
2-22-2019
REVISION NO: 0
JOB NO:
SHR-004
FIGURE: 1
Attachment B
Preliminary Survey Plat and Legal Description
•
SEE SHEET 1-2-01
r---------- --------- ------------ -------------�
1 1
i _ 1
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I
\ BUILDING 4
BUILDING 3
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1
I -
I
DEVELOPAENT SUMMARY:
Q�.Erv� oAw�=�o�al
—.1-,.: 21
RAxRM uvAxArvGuunoNs:
OPEN SPACE REQUIREMENTS.
Rry nEry SEC Iin rvTo 1
SOLID WASTE SUMMARY.
TREE N� �VE�EOrvUTREENTS.
_ _ — - -- - SEE SHEET L2-02
________
m' I
m
gg
BUILDING 2 1
0 I i i II
1 .+
1 \ I I ! 1
I I
1 I i
I
I I
1 BUILDING t 1 I I 1
1 i I i
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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J \
NOT FOR
CONSTRUCTION
TYVOLA
REDEVELOPMENT
STONEKE E REAL ESTATE
-.ULnNO. uC
— mou R
CNARLOT ,W2W17
IOTmae
REVISION / ISSUANCE
oacumaR rMTe
ZAAw lrvEo a. _
OVERALL SITE PLAN
DEVELOPMENT SUMMARY
Legal Description
Composite legal description of PID's 16908401, 16908402, and 16908410
Richard W. Keffer Jr. Revocable Trust
Beginning at a rebar set on the northerly margin of Tyvola Road in the City of Charlotte, North Carolina;
thence along the easterly Norfolk Southern Railway right of way a bearing of N26°17'34"W and a distance
of 885.34' to a calculated point on the southerly margin of Minuet Lane; thence along said margin a
bearing of N62°12'35"E and a distance of 171.64' to a rebar found; thence along the common line with
Lot 1 as shown in Map Book 25, Page 656 recorded in the Mecklenburg County Registry a bearing of
S22°38'33"W and a distance of 64.29' to a railroad track found; continuing with a bearing of S85°42'03"E
and a total distance of 740.30'to a pipe found, passing a rebarfound at 306.69'; thence alongthe common
line with HQ I LLC as recorded in Deed Book 23648, Page 532 (now or formerly) a bearing of S74°34'23"W
and a distance of 22.98' to a point; continuing with a bearing of S02°53'28"E and a distance of 124.74' to
a bent iron pipe; thence along the common line with Lot 2B as shown on Map Book 32, Page 965 recorded
in the Mecklenburg County Registry; thence with a bearing of S87°37'24W and a distance of 104.29' to a
rebar found; continuing with a bearing of S02°20'49"E and a distance of 472.57' to a rebar found; thence
along the common line with Lot 1 as shown in Map Book 26, Page 512 in the Mecklenburg County Registry
a bearing of N87°38'21"E and a distance of 370.12' to a rebar found on the westerly margin of Old Pineville
Road; thence along said margin a bearing of S02°15'09"E and a distance of 203.09' to a point; continuing
with a curve to the right having a radius of 25.00' and an arch length of 47.00', begin chorded with a
bearing of S51°36'05"W and a chord distance of 40.38' to a pipe found on the northerly margin of Tyvola
Road; thence along said margin a curve to the left with a radius of 1959.86' and an arch length of 181.36',
being chorded with a bearing of N77°11'45"W and a chord distance of 181.30' to a pipe found; continuing
with a curve to the left with a radius of 1959.86' and an arch length of 143.93', being chorded with a
bearing of N81°57'03"W and a chord distance of 143.90' to a pipe found; continuing with a curve to the
left with a radius of 1959.86' and an arch length of 400.00', being chorded with a bearing of N89°54'05"W
and a chord distance of 399.30' to the point of beginning, containing 12.117 acres more or less. The
calculated area includes an apparent overlap with HQ I LLC as recorded in Deed Book 23648, Page 532
(now or formerly) as shown on survey by Carolina Surveyors Inc. dated November 20, 2018, last updated
July 31, 2019.
Attachment C
Site Photographs
Photograph l: General view of the main dealership building from Tyvola Road
Photograph 2: General view of the western portion of the main dealership building
2923 S. Tryon Street, Suite 100 VACANT DEALERSHIP
hart � hickman Charlotte,
04.586.0 07(p) 704.586.0373(f CHARLOTTE, NORTH CCAROLINA
Photograph 3: General view of the eastern portion of the main dealership building
Photograph 4: General view of the eastern sales/office building
'� 2923 S. Tryon Street, Suite 100 VACANT DEALERSHIP
hart ► hickman 04.586 0007(p) 704.586.0373(f CHARLOTTE, NORTH CCAROLINA
0
0
Cn
Photograph 5: General view of the western collision center/office building
Photograph 6: General view of the showroom
2923 S. Tryon Street, Suite 100 VACANT DEALERSHIP
hart W hickman Charlotte,
04.586.0 07(p) 704.586.0373(f CHARLOTTE, NORTH CCAROLINA
0
0
m
Photograph 7: General view of service garage
Photograph 8: General view of paint and body shop
2923 S. Tryon Street, Suite 100 VACANT DEALERSHIP
hart ► hickman 04.586.0007(p) 704.586.0373(t) CHARLOTTE, NORTH CCAROLINA
0
0
Photograph 9: Service garage (post in -ground hydraulic lift removal)
Photograph 10: Covered AST area
'4 2923 S. Tryon Street, Suite 100 VACANT DEALERSHIP
hart w hickman 04.586.0007(p) 704.586.0373(D CHARLOTTE, NORTH CCAROLINA
Attachment D
Environmental Reports (provided on attached CD)
Phase I Environmental Site Assessment, Vacant Automotive Dealership, 1001 Tyvola Road,
prepared by Hart & Hickman, PC (April 26, 2019)
Phase II Environmental Site Assessment, Vacant Automotive Dealership, 1001 Tyvola Road,
prepared by Hart & Hickman, PC (July 29, 2019)