23068_Sir Walter Raleigh Gun Range_BPA

Mary Katherine Stukes
Telephone: [phone]
Direct Fax: [phone]
[e-mail]
J�
Parker Poe
November 18, 2019
VIA ELECTRONIC MAIL and FEDERAL EXPRESS
North Carolina Brownfields Program
Attention: Shirley Liggins
North Carolina Department
of Environmental Quality
Division of Waste Management
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Atlanta, GA
Charleston, SC
Charlotte, NC
Columbia, SC
Greenville, SC
Raleigh, NC
Spartanburg, SC
Re: Merritt — MW1, LLC -- Brownfields Application
Property Located at Hinton Oaks Blvd., Knightdale, Wake County, NC
REDEVELOPMENT NOW — CONFIDENTIAL INFORMATION ENCLOSED
Dear Ms. Liggins,
I enclose an application to the Brownfields Program on behalf of Merritt — MW1, LLC ("Merritt").
Merritt intends to purchase the property now owned by Charles Silver, Jr. and Hinton Land, LLC located
at Hinton Oaks Blvd. in Knightdale, and we look forward to working with your program to redevelop this
site successfully. We understand that a Brownfields Application associated with this property was
previously submitted by Hinton Land, LLC ((Brownfields Project No. 17058-13-092), and that Hinton
Land, LLC recently withdrew its application via e-mail to Tony Duque on October 28, 2019 (e-mail
enclosed for your reference).
In addition to the Brownfields Property Application, I also enclose a Preliminary Proposed
Brownfields Agreement, Affidavit re: Responsibility and Compliance, location map, photographs,
preliminary survey, a check in the amount of $30,000.00 and a Redevelopment Now fee consent form. I
also enclose a confidential addendum (enclosed as Exhibit A) that provides additional information in
response to Section VI.C. (regarding Merritt's financial ability to implement the brownfields agreement).
We believe that the enclosed financial information is business confidential information pursuant to the
North Carolina Public Records Act, N.C. Gen. Stat. § 132-1 et seq. In particular, this information meets
the requirements of N.C. Gen. Stat. § 130A-304 and § 132-1.2(1) because:
(a) the information is a "trade secret" within the meaning of N.C. Gen. Stat. § 66-152(3)
because it is business information that "derives actual or potential commercial value from not being
generally known or readily ascertainable . . . by persons who can obtain economic value from its
disclosure or use," and Merritt's efforts to maintain the confidentiality of its financial status are reasonable
because of the potential impact the disclosure of such information could have on Merritt's business
interests in this or unrelated projects;
(b) as a "legal or commercial entity," Merritt is a "person" within the meaning of N.C. Gen.
Stat. § 66-152(2); and
(c) this information is being disclosed to the Brownfields Program in connection with Merritt's
proposed redevelopment of the above -referenced property under the Brownfields Property Reuse Act.
PPAB 5198869v1
Parker Poe Adams & Bernstein LLP Three Wells Fargo Center 401 South Tryon Street Suite 3000 Charlotte, NC 28202-1935
t 704.372.9000 f 704.334.4706 www.parkerpoe.com

Shirley Liggins
November 18, 2019
Page 2
Accordingly, we respectfully request that the enclosed Exhibit A be kept in a confidential file and
not disclosed as a public record in connection with this brownfields project. In the event that you
determine that this information is not entitled to confidential treatment, we also request that you inform us
of such a determination in accordance with N.C. Gen. Stat. § 130A-304(a)(1). We appreciate your
consideration of this request.
As described in more detail in the application, prior testing has confirmed the presence of certain
environmental conditions at the property. In light of these conditions, the protection and benefits of a
Brownfields Agreement are essential to realize the redevelopment of the property.
Thanks as always for your help and input in this process. Please let me know if you have any
questions or need anything further from Merritt or me along these lines.
Best regards,
Mary Katherine Stukes
cc: Nathan Robb (via email, w/out confidential enclosures)
Enclosures
PPAB 51988690

Standard and Redevelopment Now Track
Brownfields Property
Application
North Carolina Brownfields Program
httIRs:Hdeii.nc.gov/about/divisions/waste-management/bf
I. PROSPECTIVE DEVELOPER (PD) CONTACT INFORMATION
{USE TAB KEY TO GET TO NEXT DATA ENTRY LINE - DO NOT USE THE RETURN KEY}
A. Prospective Developer
ENTITY NAME
ENTITY MANAGER
MAILING ADDRESS
EMAIL ADDRESS
PHONE NUMBER
FAX NUMBER
WEBSITE
MERRITT — MWI LLC
Merritt Properties, LLC
2066 Lord Baltimore Dr.
[e-mail]
(410)-298-2600
(410)-298-9644
www.merrittproperties.com
PD CONTACT (IF DIFFERENT FROM AB
REPRESENTATIVE
Nathan Robb
EMAIL ADDRESS
[e-mail]
PHONE NUMBER
(410)-298-9644
B. Environmental Consultant (if applicable)
COMPANY NAME
PROJECT MANAGER
MAILING ADDRESS
EMAIL ADDRESS
PHONE NUMBER
FAX NUMBER
WEBSITE
S&ME INC.
Sam Watts
3201 Spring Forest Rd., Raleigh, NC 27616
[e-mail].
919-954-6226
n/a
www.smemc.com
C. Environmental Attorney (if applicable)
FIRM NAME PARKER POE ADAMS & BERNSTEIN LLP
ATTORNEY NAME
MAILING ADDRESS
EMAIL ADDRESS
PHONE NUMBER
FAX NUMBER
WEBSITE
Mary Katherine H. Stukes, Parker Poe Adams & Bernstein LLP
401 S. Tryon St., Ste. 3000
[e-mail]
[phone]
[phone]
www.parkerpoe.com
PPAB 5183648v2

10
It
ora
II. SITE INFORMATION
A. Information regarding the proposed Brownfields Property:
HISTORIC NAME SIR WALTER RALEIGH GUN RANGE
(IF AVAILABLE)
STREET ADDRESS
Hinton Oaks Blvd. (1,500 feet northeast of the intersection of US Hwy 64
East with US Route 540)
CITY
Knightdale
COUNTY
Wake
ZIP CODE
27545
TAX ID(S) OR PIN(S)
1744479093; 1744476090; 1744566995; 1744479612
ACREAGE
approximately 46.21 acres
The property was historically used for residential and/or agricultural
PAST USE(S)
purposes from approximately 1937 through 1983. The property was also
reportedly used as a private sporting and gun club from the 1950s until
1988.
CURRENT USE(S)
The property consists mostly of vacant, wooded land.
x❑ On -property source(s)
Explanation: Environmental reports have identified soil impacted with
lead from the skeet field associated with the gun range.
CONTAMINANTS AND
❑ Off -property source(s)
THEIR SOURCE(S)
Explanation: Click or tap here to enter text.
❑ Unknown source(s)
Explanation: Click or tap here to enter text.
❑ Contaminants have not yet been documented at the property
Explanation: Click or tap here to enter text.
B. Contaminated Media Table. (If known or suspected, check appropriate boxes below:)
Contaminant Soil Groundwater Surface private Wells Vapor
Types I Water ` Intrusion
Chlorinated ❑ Known ❑ Known ❑ Known ❑ Known ❑ Known
Solvents: ❑ Suspected ❑ Suspected ❑ Suspected 1 ❑ Suspected ❑ Suspected
Petroleum (i.e.
❑ Known
❑ Known
❑ Known
❑ Known
❑ Known
BTEX, PAHs):
❑ Suspected
❑ Suspected
❑ Suspected
❑ Suspected
❑ Suspected
Other
❑ Known
❑ Known
❑ Known
❑ Known
❑ Known
VOCs/SVOCs:
❑ Suspected
❑ Suspected
❑ Suspected
❑ Suspected
❑ Suspected
Metals:
❑x Known ❑ Known
❑ Known
❑ Known
❑ Suspected © Suspected
❑ Suspected
❑ Suspected
Mercury:
❑ Known ❑ Known
❑ Known
❑ Known
I ❑ Suspected ❑ Suspected
❑ Suspected
❑ Suspected
H
❑ Known
❑ Suspected
01
PPAB 5183648v2 2

C. Re . ulato1y Agency Involvement: List the site names and all identifying numbers (ID
No.) previously or currently assigned by any federal, state or local environmental
regulatory agencies for the property. The ID No's may include CERCLIS numbers,
RCRA generator numbers for past and present operations, UST database, Division of
Water Quality's incident management database, and/or Inactive Hazardous Sites Branch
inventory numbers. (In many instances, the PD will need to actively seek out this
information by reading environmental site assessment reports, reviewing government
files, contacting government officials, and through the use of government databases,
many of which may be available over the internet.)
*To add additional items, select the + in the bottom right corner of the table.
REGULATORY AGENCY FACILITY/INCIDENT NUMBER
NCDEQ, IHSB
NONCD0000019
*Note that a Brownfields Application was previously submitted for the property by Hinton Land,
LLC (Brownfields Project No. 17058-13-092) and was withdrawn by e-mail to Tony Duque on
October 28, 2019.*
III. PROPOSED REDEVELOPMENT
A. What are the planned use(s) of the redeveloped brownfields property to which the
PDwill commit?
PROPOSED REUSE
® INDUSTRIAL
® OFFICE
® PARKING
® RETAIL
® WAREHOUSING
® COMMERCIAL
❑ MULTI -FAMILY
RESIDENTIAL
I.E. CONDOS & APARTMENTS; NO
SINGLE-FAMILY OR TOWNHOMES
❑ RECREATIONAL
❑ INSTITUTIONAL
® OTHER
DETAILS
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
Click or tap here to enter text.
hotel
PPAB 5183648v2

B. Check all of the public benefits that will result from the property's redevelopment.
0 JOB
CREATION
0 TAX BASE
INCREASES
0 REVITALIZATION
OF BLIGHTED AREAS
❑ PRESERVED
GREEN SPACE
❑ PRESERVED
❑ AFFORDABLE/
❑ ENVIRONMENTAL
❑ EXPANDED USE OF
HISTORIC
WORKFORCE
CLEANUP ACTIVITIES
PUBLIC
PLACES
HOUSING
TRANSPORTATION
❑ RENEWABLE
❑ PUBLIC
❑ DIRECTED
❑ CONSERVATION
ENERGY
HEALTH RISK
RESOURCES
EASEMENT
REMEDIATION
Describe any additional public benefits below:
Click or tap here to enter text.
In gauging public benefit, NCBP places great value upon letters of support from community
groups and local government that describe anticipated improvements in quality of life for
neighboring communities that the project will bring about. The inclusion ofsuch support
letters with this application is recommended and encouraged.)
Special Note: Please describe all environment -friendly technologies and designs PD plans to
utilize in its redevelopment strategy. For example, environment friendly redevelopment plans
could include: Leadership in Energy and Environmental Design (LEED) Certification, green
building materials; green landscaping techniques such as using drought resistant plants;
energy efficient designs, materials, appliances, machinery, etc.; renewable sources of energy,
and/or recycling/reuse of old building materials such as brick or wood.
Under consideration.
IV. SITE MEETS STATUTORY BROWNFIELDS DEFINITION
(§NCGS.130A-310.31.b Definition of a "Brownfields Property" or `Brownfields Site')
A. Is the nronerty abandoned. idled. or underused? Is future redevelopment hindered at the
ro e
Explain: The property is currently underused and its development is being hindered by
current environmental impacts at the property. It is in an ideal location and one of the few properties
left in eastern Wake County with Industrial Zoning, yet is totally undeveloped. Further, it is
surrounded by development. South of the property is Shoppes at Midway Plantation, a regional
shopping center. East of the property is Fred Smith Asphalt Plant and Thomas Concrete Plant.
North of the property is Wake Stone Quarry. West of the property is US Army Reserve Training
Center. The PD requires a Letter of Eligibility and expedited Brownfields Agreement in order to
support its proposed construction schedule and secure tenants for flex space. This provides a level of
assurance that environmental risks associated with the subject site have been addressed and managed
under the NCBP. Before the PD incurs the costs associated with redevelopment of the property, it
needs to ensure that the property can safely be used through the Brownfields Program, and that it and
future owners and occupants will have the protections and benefits afforded by a brownfields
agreement. Thus, given the environmental impacts posed by the property and its proposed future use
for industrial purposes, a brownfields protection is critical for the safe redevelopment and success of
the property.
PPAB 5183648v2 4

B. Location May: PD must provide a copy of the relevant portion of the 1:24,000 scale
U.S.G.S. topographic quadrangle may that shows the location of the property, clearly
plotted, and that measures at least an 8 1/2 by 11 inches. (Note: these maps can be
purchased through the above link, or often through retail outdoor recreation stores that
can print out the relevant map. Often environmental reports have location maps that use
this type of map format as the base for its location map.)
Is the required location map included with this application? 0 Yes
C. Survey Plat: PD must provide a preliminary survey plat of the property with the Proposed
Brownfields Property boundaries clearly identified. At this stage of the brownfields
process, one or more existing survey plats from a previous property conveyance will
suffice. (Before the brownfields project enters the public comment phase of the
brownfields process, the PD will be required to submit a final brownfields survey plat
which includes the information listed in the brownfields survey plat guidance)
Is the required preliminary survey plat included with this application? 0 Yes
D. Legal Description: PD must provide a legal description with metes and bounds that
matches the Proposed Brownfields Property description on the plat.
Is the required preliminary legal description included with this application? ❑ Yes*
*A legal description is being developed for the project.
E. Site Photographs: PD must provide at least one pre -redevelopment photograph of the
property, in electronic format, that shows existing facilities and structures. Electronic
copies of photographs should be emailed to: Shirlev.Liggins ncdenr.gov with a
clear indication as to which Brownfields Application they apply to.
Have electronic copies of the photographs been emailed to NCBP? 0 Yes
F. Environmental Reports/Data: If it makes an affirmative eligibility determination, the
NCBP will request that PD provide any and all existing environmental reports and data
for the property in electronic format. The brownfields process may be expedited if PD
submits such reports/data with this application.
Are any environmental reports/data being submitted with this application? 0 Yes
Please provide the title, date and author of each item being submitted:
*To add additional items, select the + in the bottom right corner of the table.
The reports listed below are available at the following link:
https://parkerpoe.sharefile.com/d-s073b539502e4O859
Environmental Reports
Report
Prepared by
Date
-Reconnaissance Investigation Results
AMEC Environmental &
February 14, 2013
Former Sir Walter Gun Club Site Knightdale,
Infrastructure, Inc.
North Carolina
-Phase I Environmental Site Assessment
Multiple Parcels —Intersection of Hinton
S&ME, Inc.
November 1, 2019
Oaks Blvd.
-Miscellaneous DEQ (IHSB) Records
DEQ
various
PPAB 5183648v2 5

V. PD APPLICANT MEETS STATUTORY DEFINITION OF PROSPECTIVE
DEVELOPER
(§NCGS. 130A-310.31. b Definition of a "Prospective Developer')
A. Information regarding all parent companies, subsidiaries or other affiliates of PD
(attach separate sheet(s) if necessary):
MANAGER -MANAGED
NAME
PERCENT OF
OWNERSHIP
MAILING ADDRESS
EMAIL ADDRESS
PHONE NUMBER
FAX NUMBER
Merritt Properties, LLC (see explanation below*)
100
2066 Lord Baltimore Dr., Baltimore, MD 21244
Click or tap here to enter text.
410-298-2600
410-298-9644
B. Managers of manager -managed LLCs are required to execute all brownfield documents
for the LLC; as to member -managed LLCs, state name of member who will sign these
documents.
Robb Merritt —President
C. List all parent companies, subsidiaries and other affiliates:
PROPERTY OWNERSHIP
❑ PD OWNS PROPERTY DATE OF PURCHASE Click or tap to enter a date.
® PD DOES NOT OWN CURRENT PROPERTY OWNER INFORMATION
PROPERTY NAME Charles H. Silver, Jr./Hinton Land, LLC (see explanation
below**)
ADDRESS P.O. Box 1277, Knightdale, NC 27545
PHONE NUMBER [phone]
EMAIL ADDRESS [e-mail]
® PD HAS PROPERTY DATE OF CONTRACT 10/11/2019
UNDER CONTRACT
❑ PD DOES NOT OWN OR Choose an item.
HAVE THE PROPERTY
UNDER CONTRACT
If other, explain: *Merritt Properties, LLC is the managing member of over 150 LLCs that own
commercial property or land for development. None of these LLCs are affiliated with any former
owners or operators of the property. **Charles Silver owns the following parcels: 1744479093;
1744476090; 1744479612. Hinton Land, LLC (P.O. Box 1277, Knightdale, NC 27545) owns the
fourth parcel of the property: 1744566995.
D. Describe all activities that have taken place on the property since PD or PD's parents,
subsidiaries and/or other affiliates, and/or lessees or sublessees of PD, took ownership of
or operated at the property (e.g., industrial, manufacturing or commercial activities, etc.).
(Include a list of all regulated substances as defined at NCGS § 130A-310.31(b)(11) that
have been used, stored on, or otherwise present at the property while those activities were
conducted, and explain how they were used.)
PPAB 5183648v2 6

The PD has not commenced operations on the property. It has conducted certain due
diligence activities, including environmental assessments, on the property.
E. Brownfields Affidavit: PD must provide its certification, in the form of a signed and
notarized original of the unmodified model brownfields affidavit provided by NCBP,
that it did not cause or contribute to contamination at the property and that it meets all
other statutory eligibility requirements. (Note: The form to use for this affidavit is
attached to this application. An original hard copy of this affidavit must be filled out,
signed, notarized and submitted with this application.)
Is the required affidavit, as described above, included with this application? ❑x Yes
F. PD Entity is registered with the North Carolina Secretary of State office. x❑ Yes
VI. PD APPLICANT'S STATUTORY DEMONSTRATIONS/ADMINISTRATIVE
REQUIREMENTS (§NCGS.130A-310.32(a) regarding demonstrations made by
prospective developer.)
A. Current tax value of brownfields property: approximately $3.5 million
B. Estimated capital investment in redevelopment project: approximately $40 million
C. Does PD have or can it obtain the financial means to fully implement a Brownfields
Agreement and assure the safe reuse of the property? Submit, in hard copy under a separate
cover, supporting documentation such as letters of credit, financial statements, etc.
Merritt Properties, LLC (Merritt), directly affiliated with the PD, is a commercial real
estate development company founded in 1967. Merritt is one of the largest privately
owned real estate development companies in the Baltimore/Washington area, and has
proven its financial means through successful redevelopment of over 16 million square feet
of buildings realizing a capitalized value of $1,800,000.00. Confidential financial
information for Merritt is included in Confidential Exhibit A. More information regarding
Merritt can be obtained at www.merrittproperties.com.
D. Does PD have or can it obtain the managerial means to fully implement a Brownfields
Agreement and assure the safe use of the property?
Yes. The PD has retained professionals, including Parker Poe Adams & Bernstein LLP,
who are experienced in brownfields redevelopment and the implementation of brownfields
requirements in particular. These professionals (i) have significant experience with the
Brownfields Program and the redevelopment of challenged properties, and (ii) are aware of
the work and restrictions that are typically included in brownfields agreements to assure the
safe use of property. The combination of these resources will ensure successful
implementation of a brownfields agreement and safe use of the property.
E. Does PD have or can it obtain the technical means to fully implement a Brownfields
Agreement and assure the safe use of the property?
PPAB 5183648v2 7

The PD has the technical ability to fully implement a brownfields agreement and to assure
the safe use of the property. It has a range of engineering and environmental experience
available to it. In particular, the PD has retained S&ME, Inc. to manage the technical
aspects of both this application and the implementation of an eventual brownfields
agreement (including technical "work to be performed"). S&ME, Inc. has worked on
numerous brownfields projects in the state and is familiar with the technical aspects and
requirements of the brownfields program.
F. Does PD commit that it will comply with all applicable procedural requirements of the
NCBP, including prompt paymentof all statutorily required fees? x❑ Yes
G. Has PD complied, if PD has had a prior project in the NCBP, with all applicable
procedural requirements of the NCBP, including prompt paymentof all statutorily
required fees?
*To add additional items, select the + in the bottom right corner of the table.
PREVIOUS BROWNFIELDS PROJECTS
NCBP PROJECT
ID
NCBP PROJECT
NAME
PD ENTITY
NAME
BROWNFIELDS
PROJECT MANAGER
23016-19-032
TW-Alexander-IBM
Merritt-IB1, LLC
Reina Clark
VII. FEES
To produce a Brownfields Agreement, the Act requires that the developer pay fees to offset
the cost to the Department of Environmental Quality and the Department of Justice. In
satisfaction of the Act, the following fees apply to a Brownfields Agreement, subject to
negotiation of the Brownfields Agreement. There is a Standard Fee Option and a
"Redevelopment Now" Fee Option. For more details, see our website,
www. ncbrownfields. ore.
Select one of the following fee options below:
The Standard Fee Option
a. $2,000 initial fee will be due from the applicant PD when both of the following occur:
1) NCBP receives this application and affidavit; AND,
2) NCBP notifies the applicant in writing that the applicant PD and the project are
eligible for participation in the NCBP and continued negotiation of a Brownfields
Agreement.
b. A second fee of $6,000 will be due from the PD prior to execution of the Brownfields
Agreement. Should the Prospective Developer choose to negotiate changes to the
agreement that necessitate evaluation by the Department of Justice, additional fees
shall apply.
PPAB 5183648v2 8

❑ Please check this box and initial below to indicate your application is under the
Standard Brownfields fee structure. Fee will be invoiced.
Click or tap here to enter text. Click or tap to enter a date.
Initial Date of Submittal
The Redevelopment Now Fee Option
a. A $30,000 fee due with this application (fully refunded if not found to eligible).
b. A Signed Fee Consent Document.
� Please check this box and initial below to indicate your application is under the
Redevelopment Now Program Option and your acknowledgement of the alternate
fee structure as outlined in the Redevelopment Now Fee Consent Document. Fee
should be submitted with this application.
Click or tap here to enter text. Click or tap to enter a date.
Initial u Date of Submittal
Other Potential Fees to be aware of in satisfaction of the statute:
c. Any addendum/modifications to the BFA or NBP after they are in effect will
result in an additional fee of at least $1,000 for defraying costs to DEQ for
addendum/modification,
d. In the unexpected event that the environmental conditions at the property are unusually
complex, such that NCBP's costs will clearly exceed the above amounts, NCBP and
PD will negotiate additional fees as appropriate.
PPAB 5183648v2 9

North Carolina Brownfields Program
Redevelopment Now
Fee Consent Document
I, the undersigned, am the authorized agent %J Merritt — MW 1 LLC ("Prospective Developer"), who
seeks to engage the North Carolina Brownfields Program ("Program") to develop a Brownfields
Agreement under N.C.G.S. 130A-310.30, et seq. for the following property:
Historic Site Natne:Sir Walter Gun Club, Inc.
Street Address: Hinton Oaks Blvd.
City: Knightdale
Zip Code: 27545
County: Wake
Prospective Developer is herewith paying a $30,000.00 fee to the Program, by check payable
to "NCDEQ," in satisfaction of a Prospective Developer's obligations under N.C.G.S. 130A.
310.39(a). Prospective Developer understands that payment of this fee entitles Prospective
Developer to expedited Program review of technical documents and processing of a draft
Brownfields Agreement and ancillary documents regarding the project in question.
Prospective Developer further understands that payment of this fee in no way guarantees
successful completion of the Brownfields process regarding the project.
I understand that, pursuant to payment of the fees, the Program shall handle the subject project
under the Program's expedited processing provisions, with appropriate staff resources, so long
as Prospective Developer is engaging in the process in good faith and complying with the
Program's procedures.
Should the Program determine that the resources required to complete the brownfields process
in regard to the subject project ever exceed the fee set forth herein due to unforeseen technical,
administrative, or regulatory complexities, the Program may (1) remove the project from the
expedited processing program and return it to standard processing status, or (2) expend
resources it deems reasonable seeking to negotiate an additional fee that the Program deems
sufficient to complete the Brownfields process in regard to the project.
Disclaimers:
1) The Program makes no promises or claims that payment of the subject fee will result in successful
completion of the Brownfields process regarding this project.
2) Public comment shall be solicited pursuant to N.C.G.S. 130A-310.34, and may affect the outcome of the
Brownfields process regarding this project, including without limitation its timing and/or provisions/features of
the Brownfields documents and plat.
Prospective Developer: Merritt — MW1 LLC
Mailing Address: 2066 Lord Ball�nore Dr„ Baltill�ore, �1D 21244
By: 10 t`t
Name typed or printed: Nathan Robb Date Click or tap here to enter text.
Title typed or printed: Project Manager
PPAB 5183648v2 10

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
NORTH CAROLINA BROWNFIELDS PROGRAM
IN THE MATTER OF: Merritt — MWI LLC
UNDER THE AUTHORITY OF ) AFFIDAVIT
NORTH CAROLINA GENERAL ) RE: RESPONSIBILITY
STATUTES 3130A=310.30, et. seq. ) AND COMPLIANCE
Nathan Robb, being duly sworn, hereby deposes and says:
1. I am «project Manager» of Merritt — MW 1 LLC.
2. I am fully authorized to make the declarations contained herein and to legally bind
Merritt — MW 1 LLC.
3. Merritt — MWl LLC is applying for a Brownfields Agreement with the North Carolina
Department of Environmental Quality, pursuant to N.C.G.S. 3 130A, Article 9, Part 5
(Brownfields Act), in relation to the following 1744479093; 1744476090; 1744566995;
1744479612 parcel(s) in Knightdale, Wake , County, North Carolina: Hinton Oaks Blvd.,
Knightdale, Wake County, NC, 27545.
4. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that
Merritt — MW 1 LLC, and any parent, subsidiary or other affiliate meets the eligibility
requirements ofN.C.G.S. 3 130A-310.3l(b)(10), in that it has a bona fide, demonstrable
desire to develop or redevelop, and did not cause or contribute to the contamination at, the
parcel(s) cited in the preceding paragraph.
5. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that
Merritt— MWl LLC meets the eligibility requirement ofN.C.G.S. 3130A.310.32(a)(1) in
that it and any parent, subsidiary or other affiliate have substantially complied with:
a. the terms of any brownfields or similar agreement to which it or any parent,
subsidiary or other affiliate has been a party;
b. the requirements applicable to any remediation in which it or any parent,
subsidiary or other affiliate has previously engaged;
c. federal and state laws, regulations and rules for the protection of the
environment. Affiant further saith not.
AlickSignature/Printed Nameor tap here to enter text. Date Click or tap here to enter
text. NArM S V6
Sworn to and subscribed before me
tnhis ,� n day of,1Z'}ilh P'� , 20�.
l Notaiy Public
My commi sion expires: �i2n A a 2 02 2
a
PPAB 5183648v2 11

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Legend: Map $OUfCBS: CLIENT: DWN BY: PROJECT DATE:
DM FORMER SIR WALTER GUN CLUB SITE 14-Feb-13
PARCEL BOUNDARY 1. North Carolina Statewide Digital Orthoimagery Project 2010, Edition:1.0, Hinton Land L L C CHK'D BY: PROJECT NO:
Wake County, North Carolina Geospatial & Technology Management CH 348112003
CLIENT OWNED PROPERTY Office, flown April 2010. DATUM:
County, p AMEC Environment & NAVD88 TITLE REV. NO.:
STREAM 2. Tax Parcels for Wake County. Wake Coun North Carolina Geos anal
& Technology Management Office (last updated on January 2012). PROJECTION: A
Infrastructure, Inc. ���� NC ZONE3200 SITE MAPp FIGURE No.
3. Recombination Plat (Preliminary) prepared for Charles H. Silver and 285 DAVIDSON AVENUE, SUITE 405 ^
CMR Partners, L.L.C. by Newcomb Land Surveyors, L.L.C, January 11, SCALE: L
2012 SOMERSET, NJ 08873 1 inch = 250 feet

Photo 9: Soil stockpile located immediately east of 200 yard impact
berm containing remnants of former target frames.
Photo 10. Sieving a surface soil sample collected from the forest
floor behind the 200 yard impact berm.
amen
AMEC Environment & Infrastructure, Inc.
285 Davidson Avenue, Suite 405
Somerset, NJ 08873
Former Sir Walter Gun Club Site
Knightdale, North Carolina
Appendix E
Site Photographs
21 February 2012

Photo 11: lest pit RR 100-6 excavated into the front of the 100
yard impact berm.
Photo 12: Rear of the 100-yard impact berm.
amec Appendix E
Former Sir Walter Gun Club Site
AMEC Environment & Infrastructure, Inc, Knightdale, North Carolina Site Ph
285 Davidson Avenue, Suite 405 e Photographs
Somerset, NJ 08873
21 February 2012

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