22074_Gathings Motor Approval to PC Pkg

From:Minnich, Carolyn
To:"Fish, Jason"; Franchina, David A.; Lumpkin, Samuel O.
Cc:michael scott; Lorscheider, Ellen; Nicholson, Bruce; Wahl, Tracy; Leonard, Laura; Watson, Samuel; Lumpkin,
Samuel O.; Day, Collin; Jesneck, Charlotte; Tatum, Katie; Macdonald, Janet K; Channell, Ryan
Subject:22074 Gathings Motor Company Approval to PC Email
Date:Wednesday, November 20, 2019 8:18:00 AM
Attachments:22074_Gathings Motor Approval to PC Pkg.pdf
Dear Mr. Fish and Mr. Franchina:
Based on acceptance by the Prospective Developer of drafts of all four required brownfieldsdocuments -- 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) inconnection 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 thebrownfields 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 asstated 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 Wednesday, November 20, 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 atBrownfields 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.

22074-18-060/Gathings Motor (2019.11.15)

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NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Site Name: Gathings Motor Company Brownfields Project Number: 22074-18-060
North Carolina’s Brownfields Property Reuse Act (the “Act”), North Carolina General Statutes
(“NCGS”) § 130A-310.30 through 130A-310.40, provides for the safe redevelopment of properties that may
have been or were contaminated by past industrial and commercial activities. One of the Act’s
requirements is this Notice of Intent to Redevelop a Brownfields Property approved by the North Carolina
Department of Environmental Quality (“DEQ”). See NCGS § 130A-310.34(a). The Notice of Intent must
provide, to the extent known, a legal description of the location of the brownfields property, a map showing
the location of the Brownfields Property, a description of the contaminants involved and their
concentrations in the media of the Brownfields Property, a description of the intended future use of the
Brownfields Property, any proposed investigation and remediation, and a proposed Notice of Brownfields
Property prepared in accordance with NCGS § 130A-310.35. The party (“Prospective Developer”) who
desires to enter into a Brownfields Agreement with DEQ must provide a copy of this Notice to all local
governments having jurisdiction over the Brownfields Property. The proposed Notice of Brownfields
Property for a particular brownfields project is attached hereto; the proposed Brownfields Agreement,
which is attached to the proposed Notice of Brownfields Property as Exhibit A, contains the other required
elements of this Notice. Written public comments may be submitted to DEQ within 30 days after the latest
of the following dates: the date the required summary of this Notice is (1) published in a newspaper of
general circulation serving the area in which the Brownfields Property is located, (2) conspicuously posted
at the Brownfields Property, and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written requests for a public meeting may be submitted to DEQ within 21 days
after the period for written public comments begins. Those periods will start no sooner than Tuesday,
November 19, 20109, and will end on the later of: a) 30 and 21 days, respectively, after that; or b) 30 and
21 days, respectively, after completion of the latest of the three (3) above-referenced dates. All comments
and meeting requests should be addressed as follows:
Mr. Bruce Nicholson Brownfields Program Manager Division of Waste Management NC Department of Environmental Quality 1646 Mail Service Center
Raleigh, North Carolina 27699-1646

22074-18-060/Gathings Motor (Draft 2019.11.15)
SUMMARY OF NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY Site Name: Gathings Motor Company Brownfields Project Number: 22074-18-060

Pursuant to NCGS § 130A-310.34, Tryon Investors, LLC, as Prospective Developer, has filed
with the North Carolina Department of Environmental Quality (“DEQ”) a Notice of Intent to Redevelop
a Brownfields Property (“Property”) in Charlotte, Mecklenburg County, North Carolina. The
Brownfields Property, which is the former site of Gathings Motor Company and Top Gas & Oil Service
Station, consists of 4.889 acres and is located at 1100 and 1200 South Tryon Street. Environmental
contamination exists on the Brownfields Property in soil, groundwater, and vapor. Tryon Investors, LLC
intends to redevelop the Brownfields Property with two eleven-story buildings for office and retail, a
200-room hotel, parking deck, and a large urban plaza for the display of public art. The approved uses
will include office, retail, restaurant, brewery or food production facility, parking, hotel, open space,
high density residential, and subject to DEQ’s prior written approval, other commercial uses. The Notice
of Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement between
DEQ and Tryon Investors, LLC, which in turn includes (a) a map showing the location of the Property,
(b) a description of the contaminants involved and their concentrations in the media of the Property, (c)
the above-stated description of the intended future use of the Brownfields Property, and (d) proposed
investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in
accordance with NCGS § 130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the Charlotte-
Mecklenburg Public Library, Robinson-Spangler Carolina Room, 310 North Tryon Street, Charlotte, NC
28202, [phone]; or at the offices of the N.C. Brownfields Program, 217 West Jones Street,
Raleigh, NC or by contacting Shirley Liggins at that address, at [e-mail], or at (919)
707-8383. The full Notice of Intent may also be viewed online at the DEQ public record database,
Laserfiche, by entering the project number 22074-18-060 into the search bar at the following web
address: http://edocs.deq.nc.gov/WasteManagement.
Written public comments may be submitted to DEQ within 30 days after the latest of the
following dates: the date this Notice is (1) published in a newspaper of general circulation serving the
area in which the Brownfields Property is located, (2) conspicuously posted at the Brownfields Property,
and (3) mailed or delivered to each owner of property contiguous to the Brownfields Property. Written
requests for a public meeting may be submitted to DEQ within 21 days after the period for written public
comments begins. Those periods will start no sooner than Tuesday, November 19, 2019, and will end
on the later of: a) 30 and 21 days, respectively, after that; or b) 30 and 21 days, respectively, after
completion of the latest of the three (3) above-referenced dates. All public comments and public meeting
requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager Division of Waste Management NC Department of Environmental Quality 1646 Mail Service Center Raleigh, North Carolina 27699-1646
22074-18-060/Gathings Motor (Draft 2019.11.15)
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Property Owner: Tryon Investors, LLC Recorded in Book ____, Page ____
Associated plat recorded in Plat Book ____, Page ____ NOTICE OF BROWNFIELDS PROPERTY Site Name: Gathings Motor Company Brownfields Project Number: 22074-18-060 This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat component, have been filed this _____ day of __________________, 201__ by Tryon Investors, LLC, registered to transact business in North Carolina under the name Tryon Owner, 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 comprises four (4) parcels totaling approximately 4.889 acres (Mecklenburg County Tax Parcel Identification Numbers 07307301, 07307307, 07307308, and
07307309). Currently, the Brownfields Property is developed with an office building, parking area, garage and small unused building. Tryon Investors, LLC intends to redevelop the
22074-18-060/Gathings Motor (Draft 2019.11.15)
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Brownfields Property with two eleven-story buildings for office and retail, a 200-room hotel, parking deck, and a large urban plaza for the display of public art. The approved uses will include
office, retail, restaurant, brewery or food production facility, parking, hotel, open space, high
density residential, and subject to DEQ’s prior written approval, other commercial uses. Historical operations on the Brownfields Property include Gathings Motor Company and Top Gas & Oil. Groundwater, soil, and soil vapor are contaminated at the Brownfields Property due to historical operations conducted thereon and/or in the surrounding area.
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 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:
a. No use may be made of the Brownfields Property other than for office, retail, restaurant, brewery or food production facility, parking, hotel, open space, high density
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residential, and subject to DEQ’s prior written approval, other commercial uses. For purposes of this restriction, the following definitions apply:
i. “Office” is defined as the provision of business or professional services.
ii. “Retail” is 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. “Restaurant” is defined as a commercial business establishment that
prepares and serves food and/or beverages to patrons.
iv. “Brewery or Food Production Facility” is defined as an establishment for the manufacture, sale and/or distribution of beverages or food products, including without limitation beer and ale, together with associated public roadways and related infrastructure.
v. “Parking” is defined as the temporary accommodation of motor vehicles
in an area designed for same.
vi. “Hotel” is defined as the provision of overnight lodging to customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on-site hospitality, management and reception services.
vii. “Open Space” is defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, parks, or detention facilities
for stormwater.
viii. “High Density Residential” is 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., courtyards
owned by individual residents are prohibited), and shall include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages. . Townhomes, duplexes, or other units with yards are prohibited unless approved in writing by DEQ in advance.
ix. “Commercial” is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. The Brownfields Property may not be used for child care or adult care centers, 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
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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.g.
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.g.
f. No enclosed building may be constructed on the Brownfields Property, and no
use of any existing building, defined as those depicted on the plat component of the Notice of
Brownfields Property referenced below in paragraph 20, may be changed to high density residential use as defined above in paragraph 15.a.viii, 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 installed and/or implemented
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. 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. 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
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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.
h. No later than January 31 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).
i. 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.
j. 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
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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.
k. 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.
i. in de minimis quantities for cleaning and other routine housekeeping and maintenance activities; ii. in fluids for vehicles or landscaping equipment; iii. as constituents of products and materials customarily used and stored
in office, retail, restaurant, brewery or food production facility, parking, hotel, institutional,
recreation, open space, and multi-family residential environments, provided such products are stored in original retail packaging and used and disposed of in accordance with applicable laws; iv. as constituents of fuels, lubricants and oils in emergency generators, machinery, equipment and vehicles in on-board tanks integral to said equipment, or in flammable
liquid storage containers totaling no more than 25 gallons; or
v. in products or materials that are brought onto the Brownfields Property, kept in their original packaging or containers (that is, not used or repackaged) and later removed from the Brownfields Property in the original packaging or containers.
l. 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.
m. 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
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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 residential 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
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.
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IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this _____ day of _______________, 201__. Tryon Owner, LLC

_________________________________________ Stephen M. McClure Manager of TSE Manager, LLC, which is a Manager of TSE Investors, LLC, which is a Manager of TSE Associates, LLC, a Delaware Limited Liability Company, which is an Authorized
Member of Tryon Owner, LLC
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: _____________________

************************************ 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: _________________________________________ ________________________ Ellen Lorscheider Date Deputy Director, Division of Waste Management

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22074-18-060/Gathings Motor (Draft 2019.11.20)
EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: Tryon Investors, LLC UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Former Gathings Motor Company
OF 1997, NCGS § 130A-310.30, et seq. ) 1100 and 1200 South Tryon Street Brownfields Project 22074-18-060 ) Charlotte, Mecklenburg County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and Tryon Investors, 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 1100 and 1200 South Tryon Street (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.
Tryon Investors, LLC is a Delaware limited liability company formed on October 19,
2018 and registered to transact business in North Carolina since October 25, 2018 under the
name Tryon Owner, LLC. Its registered agent is CT Corporation System located at 160 Mine
Lake Court, Suite 200, Raleigh, North Carolina 27615. Its Manager is Tryon Member GP, LLC,
and the principal office is located at 2001 Ross Avenue, Suite 3400, Dallas Texas 75201. The
Brownfields Property consists of four parcels and contains approximately 4.889 acres of land
currently developed with an office building, parking area, garage and small unused building.
Tryon Investors, LLC intend to redevelop the Brownfields Property with two eleven-story
buildings for office and retail plus a 200-room hotel, parking deck, and a large urban plaza for
the display of public art. The approved uses will include office, retail, restaurant, brewery or
food production facility, parking, hotel, open space, high density residential, and subject to
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22074-18-060/Gathings Motor (Draft 2019.11.20)
DEQ’s prior written approval, other commercial uses. Historical operations on the Brownfields
Property include Gathings Motor Company and Top Gas & Oil. Groundwater, soil, and soil
vapor are contaminated at the Brownfields Property due to historical operations conducted
thereon and/or in the surrounding area.
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
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 Tryon Investors, LLC for contaminants at the Brownfields Property.
The Parties agree that Tryon Investors, LLC’s entry into this Agreement, and the actions
undertaken by Tryon Investors, LLC in accordance with the Agreement, do not constitute an
admission of any liability by Tryon Investors, LLC for contaminants at the Brownfields
Property. The resolution of this potential liability, in exchange for the benefit Tryon Investors,
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 Tryon Investors, LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property comprises four (4) parcels totaling approximately 4.889
acres (Mecklenburg County Tax Parcel Identification Numbers 07307301, 07307307, 07307308,
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and 07307309). Prospective Developer has committed itself to redevelopment of the
Brownfields Property for no uses other than office, retail, restaurant, brewery or food production
facility, parking, hotel, open space, high density residential, and subject to DEQ’s prior written
approval, other commercial uses.
4. The Brownfields Property occupies the city block bound by West Carson Boulevard,
South Tryon Street, West Catherine Street and Winnifred Street. The area is characterized by
mixed used including residential, office, and retail. The Charlotte Area Transit (CATs) Lynx
Light Rail Blue Line is one block south of the Brownfields Property.
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
Report of Supplemental Soil-Gas Sampling &
Analysis
Wood July 8, 2019
Environmental Management Plan Wood April 25, 2019
Beneficial Reuse Soil Assessment Report Former Gathings Motor Company Wood April 3, 2019
Brownfields Assessment Report Former Gathings Motor Company Wood March 15, 2019
Phase I ESA 1100 & 1200 Blocks of South Tryon Street Wood July 30, 2018
Report of Sub-Slab Soil Gas Sampling 1100 South Tryon Street AMEC, Foster, Wheeler August 1, 2017
Phase I ESA Office Building, 1100 South Tryon Street NOVA Consulting June 26, 2017
Property Condition Assessment Report Office Building, 1100 South Tryon Street NOVA Consulting June 16, 2017
Notice of No Further Action UST
Former Gathings Motor Company Incident No 40680
NCDEQ DWM March 15, 2017
Soil Cleanup Report
Former Gathings Motor Company
AMEC, Foster,
Wheeler
October 31, 2016
Phase II Environmental Site Assessment
1100 S Tryon St & 1225 Winnifred St
Hart & Hickman September 4, 2014
Report of Phase I LSA
Former Gathings Motor Company
MACTEC May 31, 2007
UST Closure Report MACTEC February 5, 2007
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Title Prepared by Date of Report
Former Gathings Motor Company
Phase II ESA 1216/1220 and 1222 South Tryon Street MACTEC February 2, 2007
Report of Phase I ESA 1216/1220 and 1222 South Tryon Street MACTEC October 28, 2005
6. For purposes of this Agreement, DEQ relies on the following representations by
Prospective Developer as to use and ownership of the Brownfields Property:
a. The Brownfields Property is occupied by a four-story approximately 64,294 sq
ft office building constructed in 1988, one approximately 1,320 sq ft brick garage building built
in 1946, and one approximately 252 sq ft small brick office built in 1960. The remaining portions
are occupied by asphalt paved parking lots, gravel and crushed brick parking and landscaped
area. The existing structures are planned for demolition in 2019 and 2020.
b. The following postal addresses have been associated with the Brownfields
Property: 1100, 1120, 1202, 1208, 1216, 1220, & 1222 South Tryon Street, 116 West Catherine
Street, and 1225 Winnifred Street in Charlotte.
c. Historical uses on the Brownfields Property include an automotive related
facility with sales, service, and repair from 1955 to 2010 known as the former Gathings Motor
Company; an automotive service station called Top Gas & Oil from at least 1960 to 1986; and a
printing shop for the years 1975, 1981, 1986. Most recently the site was used as paid parking lot
with commercial building.
d. On January 15, 2019, the Prospective Developer purchased the Brownfields
Property from 1100 South Tryon Associates, LLC and LG Seven Investments, LLC.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. Gathings Motor Company was formerly located at 1220 South Tryon Street
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from 1955 to 2010. In 2006, four (4) underground storage tanks (“USTs”) used to store fuel oil
and gasoline, and an oil water separator holding tank were removed. The 1220 South Tryon
Street parcel was assigned UST Incident Number 40680. In 2016, during the demolition of the
garage building impacted soil was discovered, and approximately 90 cubic tons of soil were
subsequently excavated and disposed. On March 15, 2017, a Notice of Residual Petroleum
(NORP) was filed prohibiting groundwater use on the site and DEQ UST Section issued a Notice
of No Further Action Letter.
b. Top Gas & Oil Service Station was located at the1120 South Tryon Street
Parcel and operated from approximately 1960 to 1986. The Facility ID is 00-0-0000013965 and
it was permitted for four USTs that were installed in 1958 and removed in October 1986. The
four USTs included one 7500-gallon UST with gasoline, two 10,000-gallon USTs with gasoline
and one 10,000-gallon UST with diesel. The NCDEQ UST Section assigned Incident No. 40460
for the Top Gas & Oil and it remains open due to groundwater contamination that exceeds Title
15A of the North Carolina Administrative Code, Subchapter 2L, Rule .0202 (2L standard).
c. The Phase I ESA reports document the surrounding area as having had several
historic automotive businesses such as service stations, repair garages, or general car
maintenance. Recently, the surrounding uses have changed from industrial to commercial and
residential uses.
d. The constituents detected in groundwater at the Brownfields Property in excess
of the 2L standards were mainly petroleum compounds reflecting their historical use on the
Brownfields Property. In addition, groundwater contaminants exceeded the Residential Vapor
Intrusion Screening Levels (VISLs) of the Division of Waste Management (February 2018
version). Based on the groundwater data, a soil gas work plan and assessment were required to
evaluate the potential for vapor intrusion. The constituents and their concentrations are listed in
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Exhibit 2 to this Agreement.
e. The following constituents were detected in the soil at the Brownfields
Property at concentrations above their respective IHSB Residential Preliminary Soil Remediation
Goals(PSRGs): arsenic, hexavalent chromium, benzo(a)pyrene, naphthalene, and total petroleum
hydrocarbons (TPHs). The arsenic and hexavalent chromium concentrations are consistent
across the Brownfields Property and are considered naturally occurring in the surrounding area.
The constituents and their concentrations are listed in Exhibit 2 to this Agreement.
f. The following constituents were detected in soil gas at the Brownfields
Property at concentrations above their respective Residential Vapor Intrusion Screening Levels
(VISLs) (NCDEQ February 2018): 1-3-Butadiene and Chloroform. No detections exceed the
Non-Residential VISLs.
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred in May 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.
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 December 3, 2018, and
purchasing the Brownfields Property on January 15, 2019.
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
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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.
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;
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b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of many jobs, including an estimated 500 temporary job (mostly
construction related). Post development expects to facilitate 1,850 office, hotel, and retail jobs;
d. an increase in tax revenue for affected jurisdictions;
e. retail, office, and hotel 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,
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.
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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 office, retail,
restaurant, brewery or food production facility, parking, hotel, open space, high density residential,
and subject to DEQ’s prior written approval, other commercial uses. For purposes of this
restriction, the following definitions apply:
i. “Office” is defined as the provision of business or professional services.
ii. “Retail” is 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. “Restaurant” is defined as a commercial business establishment that
prepares and serves food and/or beverages to patrons.
iv. “Brewery or Food Production Facility” is defined as an establishment
for the manufacture, sale and/or distribution of beverages or food products, including without
limitation beer and ale, together with associated public roadways and related infrastructure.
v. “Parking” is defined as the temporary accommodation of motor vehicles
in an area designed for same.
vi. “Hotel” is defined as the provision of overnight lodging to customers,
and to associated food services, gym, reservation, cleaning, utilities, parking and on-site
hospitality, management and reception services.
vii. “Open Space” is defined as land maintained in a natural or landscaped
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state and used for natural resource protection, buffers, greenways, parks, or detention facilities
for stormwater.
viii. “High Density Residential” is 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., courtyards
owned by individual residents are prohibited), and shall include related amenities, such as pools,
clubhouses, courtyards, common areas, recreation areas and parking garages. . Townhomes,
duplexes, or other units with yards are prohibited unless approved in writing by DEQ in
advance.
ix. “Commercial” is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. The Brownfields Property may not be used for child care or adult care centers,
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
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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.g.
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.g.
f. No enclosed building may be constructed on the Brownfields Property, and no
use of any existing building, defined as those depicted on the plat component of the Notice of
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Brownfields Property referenced below in paragraph 20, may be changed to high density
residential use as defined above in paragraph 15.a.viii, 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 installed and/or implemented
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. 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. 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
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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.
h. No later than January 31 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
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materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
i. 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.
j. 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.
k. 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
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Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except.
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. in fluids for vehicles or landscaping equipment;
iii. as constituents of products and materials customarily used and stored
in office, retail, restaurant, brewery or food production facility, parking, hotel, institutional,
recreation, open space, and multi-family residential environments, provided such products are
stored in original retail packaging and used and disposed of in accordance with applicable laws;
iv. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on-board tanks integral to said equipment, or in flammable
liquid storage containers totaling no more than 25 gallons; or
v. in products or materials that are brought onto the Brownfields Property,
kept in their original packaging or containers (that is, not used or repackaged) and later removed
from the Brownfields Property in the original packaging or containers.
l. 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.
m. 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
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(“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 residential 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
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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.
VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
19. In addition to providing access to the Brownfields Property pursuant to subparagraph
15.i 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
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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.
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
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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
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 paragraph 35.a. below of
any such required notification.
VIII. CERTIFICATION
24. By entering into this Agreement, the Prospective Developer certifies that, without
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DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated December 3, 2018, by which it applied for this
Agreement. Tryon Investors, LLC intends to redevelop the Brownfields Property with two
eleven-story buildings with office and retail uses, plus a 200-room hotel, parking deck, and large
urban plaza for the display of public art. The approved uses will include office, retail, restaurant,
brewery or food production facility, parking, hotel, open space, high density residential, and
subject to DEQ’s prior written 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:
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
21
22074-18-060/Gathings Motor (Draft 2019.11.20)
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
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
22
22074-18-060/Gathings Motor (Draft 2019.11.20)
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.
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
23
22074-18-060/Gathings Motor (Draft 2019.11.20)
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.
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
24
22074-18-060/Gathings Motor (Draft 2019.11.20)
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.
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:
Brownfields Property Management Unit (or successor in function)
N.C. Division of Waste Management
Brownfields Program Mail Service Center 1646 Raleigh, NC 27699-1646
b. for Prospective Developer:
Jason Fish Tryon Investors, LLC c/o Spectrum Companies
25
22074-18-060/Gathings Motor (Draft 2019.11.20)
300 South Tryon Street, Suite 200 Charlotte, NC 28202

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.
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
26
22074-18-060/Gathings Motor (Draft 2019.11.20)
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
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.

27
22074-18-060/Gathings Motor (Draft 2019.11.20)
IT IS SO AGREED: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
____________________________________________________________________________ Ellen Lorscheider Date Deputy Director, Division of Waste Management
IT IS SO AGREED:
Tryon Owner, LLC By: ____________________________________________________________________________
Stephen M. McClure Date
Manager of TSE Manager, LLC, which is a Manager of TSE Investors, LLC, which is a Manager of TSE Associates, LLC, a Delaware Limited Liability Company, which is an Authorized Member of Tryon Owner, LLC
USGS The National Map: National Boundaries Dataset, National ElevationDataset, Geographic Names Information System, National HydrographyDataset, National Land Cover Database, National Structures Dataset, andNational Transportation Dataset; U.S. Census Bureau - TIGER/Line; HERERoad Data. Data Refreshed July, 2017.
PREPARED BY: LM DATE: 3/12/2019 DATE: 3/12/2019CHECKED BY: RCF
Site Boundary
Document Path: F:\AMEC_Projects\2018\6228-18-0495\MXD\Topo.mxd¯
PROJECT NO: 6228-18-0495 FIGURE NO: 1
SITE TOPOFormer Gathings Motor Company1100-1200 South Tryon StreetCharlotte, North CarolinaBrownfields Project #: 22074-18-060
0 1,000 2,000500Feet
22074-18-060/Gathings Motors DRAFT 2019.10.01
Exhibit 2
The most recent environmental sampling at the Property reported in the Environmental
Reports occurred in July 2019.The following tables set forth, for contaminants present at the Property above unrestricted use standards or screening levels, the 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 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
Contaminant
Sample
Location
Date of
Sampling
Concentration Exceeding Standard
(µg/L)
Standard
(µg/L)
Benzene
MW-3 2/25/2019 5.5
1 TW-1 8/20/2014 230
TW-2 8/20/2014 2100
Chromium MW-3 2/25/2019 50 10
1,2-Dibromoethane TW-2 8/20/2014 260 0.02
1,2-Dichloroethane
MW-3 2/25/2019 1.4J
0.4 TW-2 8/20/2014 34
MW-TANK 4/18/2007 2.2
MW-03 4/18/2007 1.1
Ethylbenzene TW-1 8/20/2014 3900 600 TW-2 8/20/2014 3700
Isopropylbenzene TW-1 8/20/2014 85 70 TW-2 8/20/2014 270
2-Hexanone (Methyl Butyl Ketone )
TW-1 8/20/2014 270 40 TW-2 8/20/2014 180
1-Methyl naphthalene TW-1 8/20/2014 44 1 TW-2 8/20/2014 76
2-Methyl naphthalene TW-1 8/20/2014 80 30 TW-2 8/20/2014 160
Naphthalene
MW-3 2/25/2019 45
6 TW-1 8/20/2014 830
TW-2 8/20/2014 1800
n-Propylbenzene TW-1 8/20/2014 260 70 TW-2 8/20/2014 420
1,2,4-Trimethylbenzene TW-1 8/20/2014 1900 400 TW-2 8/20/2014 1300
Toluene TW-1 8/20/2014 3900 600 TW-2 8/20/2014 19000
Xylene, Total TW-1 8/20/2014 14000 500 TW-2 8/20/2014 16000
22074-18-060/Gathings Motors DRAFT 2019.10.01
Groundwater Contaminant Sample Location Date of Sampling
Concentration
Exceeding
Standard
(µg/L)
Standard
(µg/L)
Total Lead TW-2 8/20/2014 32 15
TPH Aliphatics,
Low, C5-C8
TW-1 8/20/2014 6,800 400 TW-2 8/20/2014 30,000
TPH Aliphatics, Medium C9-C18
TW-1 8/20/2014 8,200 700 TW-2 8/20/2014 16,740
TPH Aromatics, Medium C9-C22 TW-1 8/20/2014 5,190 200 TW-2 8/20/2014 8,510
TPH Aromatics, Medium C9-C23 MW-TANK 4/18/2007 370 200

GROUNDWATER VAPOR INTRUSION RISK
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 and Non-Residential Vapor Intrusion Screening Levels of the Division of Waste Management (February 2018 version):
Groundwater
Contaminant with
Potential for Vapor Intrusion
Sample
Location
Date of
Sampling
Concentration Exceeding Standard
(µg/L)
Residential VI Screening Level1
(µg/L)
Non-Residential VI Screening Level1
(µg/L)
Benzene TW-1 8/20/2014 230 16 69 TW-2 8/20/2014 2100
1,2-Dibromoethane TW-2 8/20/2014 260 1.8 7.7
1,2-Dichloroethane TW-2 8/20/2014 34 22 98
Ethylbenzene
MW-3 2/25/2019 150
35 150 TW-1 8/20/2014 3900
TW-2 8/20/2014 3700
Isopropylbenzene TW-2 8/20/2014 270 180 750
Naphthalene
MW-3 2/25/2019 45
35 150 TW-1 8/20/2014 830
TW-2 8/20/2014 1800
1,2,4-Trimethylbenzene
MW-3 2/25/2019 150
50 210 TW-1 8/20/2014 1900
TW-2 8/20/2014 1300
MW-TANK 4/18/2007 51
1,3,5-Trimethylbenzene
MW-3 2/25/2019 150
35 150 TW-1 8/20/2014 530
TW-2 8/20/2014 760
Toluene TW-1 8/20/2014 3900 3800 16000 TW-2 8/20/2014 19000
22074-18-060/Gathings Motors DRAFT 2019.10.01
Groundwater Contaminant with Potential for Vapor
Intrusion
Sample Location Date of Sampling
Concentration
Exceeding
Standard
(µg/L)
Residential
VI Screening
Level1
(µg/L)
Non-
Residential
VI Screening Level1
(µg/L)
Xylene-P MW-3 2/25/2019 440 74 310
Xylene, Total
MW-3 2/25/2019 630
77 320 TW-1 8/20/2014 14000
TW-2 8/20/2014 16000
TPH Aliphatics,
Low, C5-C8
TW-1 8/20/2014 6,800
1.7 7.1 TW-2 8/20/2014 30,000
MW-TANK 4/18/2007 59
TPH Aliphatics, Medium C9-C18 TW-1 8/20/2014 8,200 0.15 0.63 TW-2 8/20/2014 16,740
TPH Aliphatics, Medium C9-C19 MW-TANK 4/18/2007 500 0.15 0.63
TPH Aliphatics,
Medium C9-C20
MW-
OWS 4/18/2007 290 0.15 0.63
TPH Aromatics,
Medium C9-C22
TW-1 8/20/2014 5,190 32 130 TW-2 8/20/2014 8,510
TPH Aromatics, Medium C9-C23 MW-TANK 4/18/2007 370 32 130
TPH Aromatics, Medium C9-C24 MW-OWS 4/18/2007 158 32 130
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 NS – Screening level or regulatory not established. TPH is defined at Total Petroleum Hydrocarbons
That certain parcel or tract of land situated, lying and being in the City of Charlotte, County of Mecklenburg, State of North Carolina and being all of the lands as described in Deed Book
32192, Page 483; Deed Book 32498, Page 994; Deed Book 32498, Page 997 and Deed Book
32499, Page 1, also as shown on Map Book 58, Page 184 and Map Book 58, Page 186, all Deed and Map Books recorded in the Mecklenburg County Public Register of Deeds and being more particularly described as follows:
Commencing at an existing NGS Monument “McDowell” having NC Grid NAD 83 (2011)
coordinates of N:541,237.39, E:1,452,816.02; thence South 78°25'12" West a horizonal ground distance of 6,273.32 feet to an existing nail with washer, situated at the intersection of the northerly margin of South Tryon Street (a variable width public right-of-way) with the westerly margin of West Carson Boulevard (a variable width public right-of-way) and being the Point of
Beginning; thence along the aforesaid northerly margin South 41°26'35" West passing a new
1/2" iron rod at 200.67 feet, continue and passing a new 1/2" iron rod at 68.00 feet, continue and passing a new 1/2" iron rod at 30.58 feet, continue and passing an existing 5/8" iron rod at 149.56 feet, for a total distance of 498.36 feet to a new 1/2" iron rod, situated on the easterly margin of West Catherine Street (a 30’ public right-of-way) as shown on Map Book 50, Page
542; thence along the aforesaid easterly margin for the following three (3) courses and distances;
1) North 48°07'57" West a distance of 135.92 feet to an existing nail at the base of an existing 5/8" iron rod; 2) North 48°04'00" West a distance of 96.23 feet to an existing nail at the base of an existing 5/8" iron rod; 3) North 48°03'48" West a distance of 146.50 feet to an existing 5/8" iron rod, situated on the southerly margin of Winnifred Street (a variable width public -of-way);
thence along the aforesaid southerly margin for the following three (3) courses and distances; 1)
North 41°07'17" East a distance of 93.46 feet to an existing 5/8" iron rod; 2) North 41°08'28" East a distance of 131.04 feet to an existing 1/2" iron rod; 3) North 41°11'10" East passing a new 1/2" iron rod at 68.03 feet for a total distance of 341.47 feet to an existing nail with washer, situated on the westerly margin of the aforesaid West Carson Boulevard; thence along the
aforesaid westerly margin for the following four (4) courses and distances; 1) with a curve along
the arc of a curve to the right said curve having an arc length of 42.18 feet a radius of 23.01 feet (chord bearing of South 86°09'54" East and chord distance of 36.52 feet) to an existing nail with washer; 2) with a reverse curve along the arc of a curve to the left said curve having an arc length of 66.03 feet a radius of 621.12 feet (chord bearing of South 36°44'56" East and chord distance
of 66.00 feet) to an existing nail with washer; 3) South 39°47'36" East a distance of 256.11 feet
to an existing nail with washer; 4) with a curve along the arc of a curve to the right said curve having an arc length of 58.01 feet a radius of 41.09 feet (chord bearing of South 00°47'29" West and chord distance of 53.31 feet) to the Point of Beginning; Containing 213,119 square feet or 4.8925 acres, as shown on a survey prepared by R. B. Pharr & Associates, P.A. dated May 21,
2018 (Map File No. W-5567)(Project No. 88890).
and also known as being all of: Tract 1 (Parcel No. 073-073-10) as shown on Map Book 58, Page 184 and described in Deed Book 32192, Page 483; with
Tract 2 (Parcel No. 073-073-08) as shown on Map Book 58, Page 184 and described in Deed
Book 32499, Page 1; with Tract 1 (Parcel No. 073-073-11) as shown on Map Book 58, Page 186 and described in Deed Book 32191, Page 483; with
Tract 2 (Parcel No. 073-073-07) as shown on Map Book 58, Page 186 and described in Deed Book 32498, Page 994; with
(Parcel No. 073-073-01) all of the lands as described in Deed Book 32498, Page 994; with
(Parcel No. 073-073-09) all of Tract 1 as described in Deed Book 33192, Page 483. Together with rights under those certain easements established in Book 30244, Page 697, Mecklenburg County Public Registry.

22074-18-060/Gathings Motors DRAFT 2019.10.01
SOIL Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Residential Health- Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section (May 2018 version):
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening Level (mg/kg)
Residential
Screening Level1 (mg/kg)
Arsenic 2
GP-1 0-2 2/23/2019 1.5
0.68
GP-2 4-6 2/23/2019 1.9
GP-4 0-2 2/23/2019 1.5
GP-5 2-4 2/23/2019 2.7
BG 0-2 2/23/2019 0.95
BG 10-12 2/23/2019 1
1-Comp 0-3.5 3/9/2019 1.6
2-Comp 0-2.5 3/9/2019 2.1
3-Comp 0-3.5 3/9/2019 2.5
4-Comp 0-3.5 3/10/2019 2.9
5-Comp 0-2.5 3/10/2019 2.7
6-Comp 0-2.5 3/10/2019 1.8
7-Comp 0-3.5 3/9/2019 1.9
8-Comp 0-4.5 3/9/2019 2.6
9-Comp 0-2.5 3/9/2019 1.2
10-Comp 0-4 3/9/2019 1.6
DUP-4 0-3.5 3/10/2019 2.6
Chromium VI
GP-1 0-2 2/25/2019 1.2
0.31 1-Comp 0-3.5 3/9/2019 1.8
2-Comp 0-2.5 3/9/2019 1.9
Benzo(a)pyrene GP-2 10-12 2/23/2019 0.21J 0.11
Naphthalene T-3 West 8 1/24/2007 5.7 4.1
Aromatics Medium (C9-C22)
T-3 South 8 1/24/2007 117.5
22 T-3 East 8 1/24/2007 56.6
T-3 West 8 1/24/2007 255
OWS 8-10 4/10/2007 140
Aliphatics Medium (C9-C18)
T-3 South 8 1/24/2007 62.7 20 T-3West 8 1/24/2007 78.98
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 and anthropogenic background. 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.

22074-18-060/Gathings Motors DRAFT 2019.10.01
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)
1,3-Butadiene SG-7 2/25/2019 15 14
Chloroform
SG-2 2/25/2019 110
41 DUP-2 2/25/2019 140
SG-9 5/24/2019 42
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.