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Property Owner: LEH NC Mint, LLC Recorded in Book ____, Page ____
Associated plat recorded in Plat Book ____, Page ____ NOTICE OF BROWNFIELDS PROPERTY Site Name: Quality Products Brownfields Project Number: 22016-18-060 This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat component, have been filed this _____ day of __________________, 202__ by LRC-Patriot, 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.
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The Brownfields Property is located at 1513, 1515, 1521, 1525, 1529, and 1537 S. Mint
Street, and 404 Westwood Avenue in Charlotte, Mecklenburg County, and is comprised of six parcels totaling approximately 1.39 acres. The Brownfields Property is the former site of an industrial warehouse, commercial and auto repair businesses, and residences. LEH NC Mint, LLC intends to redevelop the Brownfields Property for no uses other than retail, office, restaurant, brewery or food production facility, entertainment, open space, amenity space, parking, industrial,
warehousing, and with prior written DEQ approval, other commercial uses. Groundwater, soil, sub-slab soil vapor, and indoor air are contaminated at the Brownfields Property due to historical activities conducted thereon and on adjacent properties. 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 the Brownfields Agreement, and all paragraph numbers are the same as those used in the Brownfields Agreement. The following land use restrictions are hereby imposed on the Brownfields Property:
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a. No use may be made of the Brownfields Property other than for retail, office,
restaurant, brewery or food production facility, entertainment, open space, amenity space, parking, industrial, warehousing, and with prior written DEQ approval, other commercial uses. For purposes of this restriction, the following definitions apply: i. “Retail” defined as the sale of goods or services, products, or merchandise
directly to the consumer or businesses and includes showrooms, personal service, and the sales of food and beverage products. ii. “Office” defined as the provision of business or professional services. ii. “Restaurant” defined as a commercial business establishment that prepares and serves food and beverages to patrons.
iv. “Brewery or Food Production Facility” 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. “Entertainment” defined as private, public, and community activities (such as, for example, festivals, theater, musical events or shows), which may include food and
beverage service. vi. “Open Space” defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, or detention facilities for stormwater. vii. “Amenity Space” defined as a hardscaped and landscaped courtyard, swimming pool, pool deck, courtyard, dog run, community gardens, fire pit, grilling station,
seating areas, and/or a common use interior clubhouse. viii. “Parking” defined as the temporary accommodation of motor vehicles in an area designed for same. ix. “Industrial” defined the assembly, fabrication, processing, warehousing or distribution of goods or materials.
x. “Warehousing” defined the use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others, and also refers to the storage of goods and materials for a specific commercial establishment of a group of establishments in a particular type of industry or commercial activity.
xi. “Commercial” defined as an enterprise carried on for profit or nonprofit
by the owner, lessee or licensee. b. Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ.
c. 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 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. d. No use of any portion of the Brownfields Property may occur until the then owner of such portion of the Brownfields Property conducts representative final grade soil sampling of
any area within such portion of the Brownfields Property, pursuant to a plan approved in writing by DEQ, that is not covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways. e. Unless otherwise approved by DEQ in writing after results of final grade soil
sampling are received per subparagraph 15.d, above, 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 with work conducted in accordance with a DEQ-approved EMP as outlined above in subparagraph 15.c.
f. 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 above in subparagraph 15.c.
g. No enclosed building may be constructed on the Brownfields Property, and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 20, below, may be occupied until DEQ determines in writing that:
i. the building is or would be protective of the building’s users, public
health and the environment from risk of vapor intrusion based on Brownfields Property 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
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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. h. As part of the Land Use Restrictions Update described below in subparagraph 15.n for each year after the year in which the Notice of Brownfields Property referenced below in
Paragraph 20 is recorded, 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 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 conveying an interest 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
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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. The owner of any portion of the Brownfields Property where any existing, or 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. l. The Brownfields Property may not be used for child care, adult care centers or schools without the prior written approval of DEQ.
m. 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. as fuel or other fluids customarily used in equipment, vehicles,
landscaping equipment and emergency generators, in on-board tanks integral to said equipment, or in flammable liquid storage containers of no more than 25 gallons; iii. as constituents of products and materials customarily used and stored in retail, office, restaurant, brewery or food production facility, entertainment, open space, amenity space, and parking environments, provided such products and materials are stored in original retail
packaging and used and disposed of in accordance with applicable laws; and iv. 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.
n. During January of each year after the year in which the Notice of Brownfields Property referenced below in paragraph 20 is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Mecklenburg
County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these
land use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that the land use restrictions are being complied with. The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact
person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the Brownfields Property during the previous calendar year; ii. the transferee’s name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address, if said owner transferred any part of the Brownfields Property
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during the previous calendar year; iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 15.g, 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. 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.
IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly executed this _____ day of _______________, 202__.
LEH NC Mint, LLC By: __________________________________________ Name typed or printed:
Title typed or printed:
NORTH CAROLINA _______________ COUNTY
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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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EXHIBIT A NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: LEH NC Mint, LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re: BROWNFIELDS PROPERTY REUSE ACT ) Quality Products OF 1997, NCGS § 130A-310.30, et seq. ) 1513, 1515, 1521, 1525, 1529, 1537 Brownfields Project # 22016-18-060 ) S. Mint Street and 404 Westwood
) Avenue ) Charlotte, Mecklenburg County I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and LEH NC Mint, 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 1513, 1515, 1521, 1525, 1529, and 1537 S. Mint
Street, and 404 Westwood Avenue in Charlotte, Mecklenburg County (the “Brownfields
Property”). A map showing the location of the Brownfields Property that is the subject of this
Agreement is attached hereto as Exhibit 1.
LEH NC Mint, LLC is a North Carolina limited liability company that was formed on
March 22, 2018. The principal officer and representative for the company is Nikolaus M.
Lischerong, and the mailing address for the company is 3100 Cambridge Road, Charlotte, NC
28209. The Brownfields Property consists of six parcels (Parcel Nos. 11908315, 11908316,
11908317, 11908301, 11908302, and 11908411) on approximately 1.39 acres of land located in
a mixed commercial, industrial, and residential area of Charlotte, North Carolina.
LEH NC Mint, LLC intends to redevelop the Brownfields Property for no uses other than
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retail, office, restaurant, brewery or food production facility, entertainment, open space, amenity
space, parking, industrial, warehousing, and with prior written DEQ approval, other commercial
uses. Groundwater, soil, sub-slab soil vapor, and indoor air are contaminated at the Brownfields
Property due to historical activities conducted thereon and on adjacent properties.
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 LEH NC Mint, LLC for contaminants at the Brownfields Property.
The Parties agree that LEH NC Mint, LLC’s entry into this Agreement, and the actions
undertaken by LEH NC Mint, LLC in accordance with the Agreement, do not constitute an
admission of any liability by LEH NC Mint, LLC for contaminants at the Brownfields Property.
The resolution of this potential liability, in exchange for the benefit LEH NC Mint, 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 LEH NC Mint, LLC.
III. STATEMENT OF FACTS
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3. The Brownfields Property is comprised of six parcels totaling approximately 1.39
acres. The northeastern portion of the Brownfields Property is developed with a single-story
multi-tenant commercial building. Southwestern portions of the Brownfields Property are
developed with three industrial warehouse buildings utilized for auto-repair related operations.
Remaining portions of the Brownfields Property consist of undeveloped land. The Prospective
Developer has committed itself to redevelopment for no uses other than retail, office, restaurant,
brewery or food production facility, entertainment, open space, amenity space, parking,
industrial, warehousing, and with prior written DEQ approval, other commercial uses. The
addresses and parcel identification numbers associated with the Brownfields Property are listed
below:
Address Parcel Identification Number
1513 South Mint Street 11908315
1515 South Mint Street 11908316
1521 South Mint Street 11908317
1525 South Mint Street 11908301
1529 & 1537 South Mint Street 11908411
404 Westwood Avenue 11908302
4. The Brownfields Property is located in a mixed commercial, industrial and residential
area of Charlotte. The Brownfields Property is bordered to the north by South Mint Street and
S&R Wrecker Services beyond, to the east by a retail business (Max & Lola Bodega) and
residences; to the south by residences, and to the west by Foster’s Auto Repair and South Mint
Street. Westwood Avenue transects the central portion of the Brownfields Property from
northwest to southeast and separates parcels 11908301, 11908302, 11908315, 11908316, and
11908317 from parcel 11908411.
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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
Supplemental Brownfields Assessment Report – Quality Products Company Hart & Hickman, PC December 16, 2019
Brownfields Assessment Report, Quality Products Co., 1513, 1515, and 1521 S. Mint Street
Hart & Hickman, PC October 22, 2019
Phase I and II ESA S. Mint Street Assemblage, 1525, 1529, 1537 S. Mint Street and 404 Westwood Ave.
Hart & Hickman, PC August 26, 2019
Limited Phase II ESA Report, 1515-1521 S. Mint Street Hart & Hickman, PC March 2, 2018
Phase I ESA Commercial Property, 1515-1521 S. Mint Street Hart & Hickman, PC December 30, 2017
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 currently owned as follows:
i. Properties identified as 1513, 1515, and 1521 S. Mint Street are owned
by Irish Mac Properties, LLC.
ii. Properties identified as 1525, 1529, and 1537 S. Mint Street and 404
Westwood Avenue are owned by Martha F. Gainey.
b. The northern Brownfields Property building (1513 and 1515 South Mint Street)
is an approximately 14,000 square foot single story commercial building with three tenant spaces.
The western-most tenant space has most recently been occupied by a hydraulic hose fabrication
and sales facility (Pirtek), the central tenant space is unoccupied, and the eastern tenant space has
most recently been used as an administrative office for a demolition and abatement contractor
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business (RCI Demolition). The 1521 South Mint Street portion of the Brownfields Property is
undeveloped and used as a gravel parking area. The western (1525 South Mint Street) and
northwestern parcels (1529 and 1537 South Mint Street) are developed with three industrial
warehouse buildings that have most recently been occupied for automotive repair-related purposes
(Dee Gainey’s). The southeastern parcel (404 Westwood Avenue) consists primarily of
undeveloped vegetated land with a gravel driveway and waste receptacle enclosure located near
Westwood Avenue.
c. Historically, the western parcels located along Westwood Avenue and near the
Westwood Avenue and South Mint Street intersection were developed with four residences and
associated garage structures as early as 1929. By 1933, the industrial warehouse located at 1525
S. Mint Street was constructed and has been utilized for automotive repair and automotive
painting purposes since that time. The remainder of the western parcels were residential until the
1960s, when the residences located south of Westwood Avenue were razed for construction of
the two industrial warehouse buildings located at 1529 and 1537 South Mint Street. The 1525,
1529, and 1537 South Mint Street buildings have been utilized for automotive repair, body shop,
and painting purposes by the Stockton Motor Co., S&R Auto & Truck Service, Inc., Pete’s Paint
& Body Works, Bush Limousine Service, Dale’s Auto Service, and Dee Gainey’s Body Shop,
Inc. since construction. The 1920s residence located at 404 Westwood Avenue was razed in the
late 1980s and the parcel has been undeveloped vacant land since that time.
d. As early as 1929, the eastern portion of the Brownfields Property was
developed with a small office building and two small commercial buildings, and the central
portion of the Brownfields Property was developed with a residential duplex building. The
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buildings in the eastern portion of the Brownfields Property were occupied by the Jewel Tea
Company, Rudisill Gold Mine Inc., and Cabarrus Mining & Milling Company as early as the
1930s. By the early to mid-1940s, the eastern and south-central portion of the Brownfields
Property was developed with the Charlotte Metal Stamping, Inc. facility. Charlotte Metal
Stamping operations included a die stamping room, two machine shop areas, a paint booth, and a
tin shop.
e. Quality Products Company, Inc. purchased the Charlotte Metal Stamping, Inc.
facility in the early 1950s and continued metal stamping operations. Additions were constructed
on the western side of the 1940s facility in the 1960s and the metal stamping facility
encompassed the eastern and central portions of the Brownfields Property, resulting in the
current buildings. By the late 1960s, an additional machine shop was constructed south of the
Quality Products Company facility in the central portion of the Brownfields Property. Quality
Products Company metal stamping operations continued at the Brownfields Property until the
mid-1980s. The machine shop in the central portion of the Brownfields Property was
demolished in the mid-1980s and the parcel was used for parking when Quality Products
Company operations ceased. Since the 1980s, several businesses have occupied portions of the
northern building including a civil engineering firm, a coffee bean roasting company, a
telemarketing business, and laser engraving businesses.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. The Site is identified in the Emergency Response Notification System
database. Information provided in the databases indicates that a caller reported dumping of
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unknown quantities of hydraulic oil onto the ground surface at the Pirtek (1521 S. Mint St.)
facility in 2012. According to the property owner, the complaint concerned rainwater entering
an uncovered dumpster and draining on the ground. The dumpster was subsequently covered and
potential soil impacts were assessed in January 2018.
b. In December 2017, a Phase I Environmental Site Assessment (ESA) was
completed for the portions of the Brownfields Property located at 1513, 1515, and 1521 South
Mint Street.
c. A Phase II ESA soil and sub-slab soil vapor assessment was completed in
January 2018 at the 1513, 1515, and 1521 South Mint Street portions of the Brownfields
Property to evaluate the potential for impacts in areas of potential environmental concern
identified during the Phase I ESA. Soil assessment activities included collecting one soil sample
for laboratory analysis of volatile organic compounds (VOCs) and semi-VOCs (SVOCs) within
the footprint of surficial oil staining observed south of the 1515 South Mint Street (Pirtek)
building. Soil sample laboratory analytical results indicate that no VOCs or SVOCs exceeded
DEQ Inactive Hazardous Site Branch (IHSB) Industrial/Commercial Preliminary Soil
Remediation Goals (PSRGs).
Four sub-slab soil vapor samples were collected for analysis of VOCs for the
1513 and 1515 South Mint Street buildings. Sub-slab soil vapor laboratory analytical results
indicated the presence of several VOCs above laboratory method detection limits in each sub-
slab soil vapor sample. Trichloroethylene (TCE) was detected at concentrations exceeding the
DEQ Division of Waste Management (DWM) Non-Residential Vapor Intrusion Sub-Slab and
Exterior Soil Gas Screening Levels (SGSLs) in two sub-slab soil vapor samples collected in the
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northern portions of the 1513 and 1515 South Mint Street buildings. No other compounds were
detected at concentrations above the DEQ DWM Non-Residential Vapor Intrusion SGSLs.
d. In December 2018, additional soil, groundwater, and indoor air assessment
activities were completed at the Brownfields Property in accordance with a DEQ-approved
Brownfields Assessment Work Plan dated November 28, 2018. Groundwater assessment
activities included collection of three groundwater samples for laboratory analysis of VOCs,
SVOCs, and Resource Conservation and Recovery Act (RCRA) metals. Groundwater sample
analytical results indicated that TCE was detected at a concentration above the 15A NCAC 2L
Groundwater Quality Standard (2L Standard) and the DEQ DWM Non-Residential Vapor
Intrusion Groundwater Screening Level (GWSL) in a sample collected in the southeastern and
hydraulically upgradient portion of the Brownfields Property. No other compounds were
detected at concentrations above the 2L Standard or DEQ DWM Non-Residential Vapor
Intrusion GWSLs.
i. As part of the December 2018 Brownfields assessment activities, four
indoor air samples were collected for VOC analysis to evaluate the potential for a completed
structural vapor intrusion pathway from sub-slab soil vapor to indoor air within the 1513 and
1515 South Mint Street buildings. The indoor air sample analytical results indicated that TCE
was detected at concentrations above the DEQ DWM Non-Residential Vapor Intrusion Indoor
Air Screening Level (IASL) in three of the four indoor air samples. In addition, heptane was
detected at a concentration above the DEQ DWM Non-Residential Vapor Intrusion IASLs in an
indoor air sample collected within a hydraulic hose fabrication workshop area in the western-
most tenant space. No other compounds were detected at concentrations exceeding the DEQ
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DWM Non-Residential Vapor Intrusion IASLs in the December 2018 indoor air samples
collected within the 1513 and 1515 South Mint Street building.
ii. Additional soil assessment activities were also conducted as part of the
December 2018 Brownfields assessment activities and included collection of six soil samples for
laboratory analysis of VOCs, SVOCs, and RCRA metals plus hexavalent chromium. Laboratory
analytical results indicated that arsenic was detected at concentrations exceeding the DEQ IHSB
Industrial/Commercial PSRG in soil samples collected south of the 1513 and 1515 South Mint
Street building. No other compounds were detected at concentrations above the IHSB
Industrial/Commercial PSRGs in the December 2018 soil samples.
e. A Brownfields Program receptor survey was completed in December 2018 as
part of Brownfields assessment activities. No active water supply wells were identified within
1,500 ft of the Brownfields Property. No surface water bodies were identified on the
Brownfields Property or on adjacent properties.
f. In August 2019, a combined Phase I and Phase II ESA was conducted in
connection with the 1525, 1529 and 1537 South Mint Street and 404 Westwood Avenue parcels.
Phase II ESA activities included collection of soil, groundwater, and sub-slab soil vapor samples
for laboratory analysis to evaluate the potential for impacts in areas of potential environmental
concern identified during the Phase I ESA. Soil assessment activities included collection of 10
soil samples for laboratory analysis of VOCs, SVOCs, and RCRA metals plus hexavalent
chromium, and one soil sample for the analysis of PCBs. Groundwater assessment activities
included collection of four groundwater samples for laboratory analysis of VOCs, SVOCs, and
RCRA metals. Sub-slab soil vapor assessment activities included collection of six soil vapor
00910-014/00204615-7 10 22016-18-060/Quality Products (20200205)
samples for laboratory analysis of VOCs from within the 1525, 1529, and 1537 South Mint
Street buildings (two sub-slab soil vapor samples were collected in each building).
i. Soil sample laboratory analytical results indicated that
1,4-dichlorobenzene, naphthalene, and mercury were detected at concentrations above the DEQ
IHSB Industrial/Commercial PSRGs in a soil sample collected beneath the 1525 South Mint
Street building slab adjacent to a floor drain. In addition, arsenic was detected at a concentration
above the DEQ IHSB Industrial/Commercial PSRG in a soil sample collected beneath the 1525
South Mint Street building slab in the area of a paint booth. Mercury was also detected above
the DEQ IHSB Industrial/Commercial PSRG in a soil sample collected adjacent to an
underground storage tank located in the northern portion of the 1525 South Mint Street building.
No other compounds were detected above the DEQ IHSB Industrial/Commercial PSRGs.
ii. Groundwater sample laboratory analytical results indicated that
1,2-dichloroethane was detected at an estimated concentration above the 2L Standard in a sample
collected northwest and hydraulically downgradient of the 1537 South Mint Street building. No
other compounds were detected above the 2L Standards and no compounds were detected above
the DEQ DWM Non-Residential Vapor Intrusion GWSLs in groundwater.
iii. Sub-slab soil vapor laboratory analytical results indicated that
naphthalene was detected at a concentration above the DEQ DWM Non-Residential Vapor
Intrusion SGSL in one sub-slab soil vapor sample collected in the 1525 South Mint Street
building. No other compounds were detected at concentrations above the DEQ DWM Non-
Residential Vapor Intrusion SGSL in the August 2019 sub-slab soil vapor samples.
g. In November 2019, supplemental Brownfields soil and groundwater
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assessment activities were completed to further evaluate the potential for impact on the 1537
South Mint Street and 404 Westwood Avenue parcels. Soil assessment activities included
collection of two soil samples for laboratory analysis of VOCs, SVOCs, and RCRA metals plus
hexavalent chromium. Groundwater assessment activities included collection of two
groundwater samples for laboratory analysis of VOCs, SVOCs, and RCRA metals. Soil sample
laboratory analytical results indicated that no compounds were detected at concentrations above
the DEQ IHSB Industrial/Commercial PSRGs. Groundwater sample laboratory analytical results
indicated that no compounds were detected at concentrations above the 2L Standards or DEQ
DWM Non-Residential Vapor Intrusion GWSLs.
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on November 9, 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 March 29, 2018, preparing
and submitting to DEQ a new Brownfields Property Application dated August 26, 2019,
entering into a contract to purchase the properties located at 1513, 1515, and 1521 S. Mint St.
(Parcel IDs 11908315, 11908316, 11908317) on November 13, 2017, entering into a contract to
purchase the properties located at 1525, 1529 and 1537 S. Mint Street and 404 Westwood Ave
(Parcel IDs 11908301, 11908411, 11908302) on March 8, 2019, conducting due diligence, and
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marketing the Brownfields Property to prospective tenants.
10. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
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
00910-014/00204615-7 13 22016-18-060/Quality Products (20200205)
the North Carolina Department of Justice of all activities related to this Agreement, unless a
change is sought to a Brownfields document after it is in effect, in which case there shall be an
additional fee of at least $1,000.
IV. BENEFIT TO COMMUNITY
12. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. an increase in the Brownfields Property’s productivity;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. an increase in tax revenue for affected jurisdictions;
d. creation of construction and full-time jobs;
e. “smart growth” through use of land in an already developed area, which avoids
development of land beyond the urban fringe (“greenfields”); and
f. expanded use of public transportation which reduces traffic, improves air
quality, and reduces our carbon footprint.
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.
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14. Based on the information in the Environmental Reports, and subject to imposition of
and compliance with the land use restrictions set forth below, and subject to Section IX of this
Agreement (DEQ’s Covenant Not to Sue and Reservation of Rights), DEQ is not requiring
Prospective Developer to perform any active remediation at the Brownfields Property other than
remediation that may be required pursuant to a DEQ-approved Environmental Management Plan
(EMP) required by this Section.
15. By way of the Notice of Brownfields Property referenced below in paragraph 20,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.
a. No use may be made of the Brownfields Property other than for retail, office,
restaurant, brewery or food production facility, entertainment, open space, amenity space,
parking, industrial, warehousing, and with prior written DEQ approval, other commercial uses.
For purposes of this restriction, the following definitions apply:
i. “Retail” defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and beverage products.
ii. “Office” defined as the provision of business or professional services.
ii. “Restaurant” defined as a commercial business establishment that
prepares and serves food and beverages to patrons.
iv. “Brewery or Food Production Facility” defined as an establishment for
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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. “Entertainment” defined as private, public, and community activities
(such as, for example, festivals, theater, musical events or shows), which may include food and
beverage service.
vi. “Open Space” defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, or detention facilities for
stormwater.
vii. “Amenity Space” defined as a hardscaped and landscaped courtyard,
swimming pool, pool deck, courtyard, dog run, community gardens, fire pit, grilling station,
seating areas, and/or a common use interior clubhouse.
viii. “Parking” defined as the temporary accommodation of motor vehicles
in an area designed for same.
ix. “Industrial” defined the assembly, fabrication, processing, warehousing
or distribution of goods or materials.
x. “Warehousing” defined the use of a commercial building for storage of
goods by manufacturers, importers, exporters, wholesalers, transport businesses among others,
and also refers to the storage of goods and materials for a specific commercial establishment of a
group of establishments in a particular type of industry or commercial activity.
xi. “Commercial” defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. Groundwater at the Brownfields Property may not be used for any purpose
00910-014/00204615-7 16 22016-18-060/Quality Products (20200205)
without the prior written approval of DEQ.
c. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an EMP approved in writing by DEQ in advance (and
revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is
consistent with all the other land use restrictions and describes redevelopment activities at the
Brownfields Property, the timing of redevelopment phases, and addresses health, safety and
environmental issues that may arise from use of the Brownfields Property during construction or
redevelopment in any other form, including without limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in
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.
d. No use of any portion of the Brownfields Property may occur until the then
owner of such portion of the Brownfields Property conducts representative final grade soil
sampling of any area within such portion of the Brownfields Property, pursuant to a plan
approved in writing by DEQ, that is not covered by building foundations, sidewalks, or asphaltic
00910-014/00204615-7 17 22016-18-060/Quality Products (20200205)
or concrete parking areas and driveways.
e. Unless otherwise approved by DEQ in writing after results of final grade soil
sampling are received per subparagraph 15.d, above, 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 with work conducted in accordance with a DEQ-
approved EMP as outlined above in subparagraph 15.c.
f. 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 above in subparagraph 15.c.
g. No enclosed building may be constructed on the Brownfields Property, and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 20, below, may be occupied until DEQ determines in writing
that:
00910-014/00204615-7 18 22016-18-060/Quality Products (20200205)
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 Brownfields Property
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.
h. As part of the Land Use Restrictions Update described below in subparagraph
15.n for each year after the year in which the Notice of Brownfields Property referenced below
in Paragraph 20 is recorded, 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
00910-014/00204615-7 19 22016-18-060/Quality Products (20200205)
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
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
00910-014/00204615-7 20 22016-18-060/Quality Products (20200205)
Law. The owner conveying an interest 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. The owner of any portion of the Brownfields Property where any existing, or
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.
l. The Brownfields Property may not be used for child care, adult care centers or
schools without the prior written approval of DEQ.
m. 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. as fuel or other fluids customarily used in equipment, vehicles,
00910-014/00204615-7 21 22016-18-060/Quality Products (20200205)
landscaping equipment and emergency generators, in on-board tanks integral to said equipment,
or in flammable liquid storage containers of no more than 25 gallons;
iii. as constituents of products and materials customarily used and stored
in retail, office, restaurant, brewery or food production facility, entertainment, open space,
amenity space, and parking environments, provided such products and materials are stored in
original retail packaging and used and disposed of in accordance with applicable laws; and
iv. 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.
n. 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.g, 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.
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
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the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
20. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property for the Brownfields Property containing, inter alia, the land use restrictions set forth in
Section V (Work to Be Performed) of this Agreement and a survey plat of the Brownfields
Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date of this
Agreement, Prospective Developer shall file the Notice of Brownfields Property in the
Mecklenburg County, North Carolina, Register of Deeds’ Office. Within three (3) days
thereafter, Prospective Developer shall furnish DEQ a copy of the documentary component of
the Notice containing a certification by the register of deeds as to the Book and Page numbers
where both the documentary and plat components of the Notice are recorded, and a copy of the
plat with notations indicating its recordation.
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
00910-014/00204615-7 24 22016-18-060/Quality Products (20200205)
to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property
recorded in the Mecklenburg County land records, Book ____, Page ____.” A copy of any such
instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though
financial figures and other confidential information related to the conveyance may be redacted to
the extent said redactions comply with the confidentiality and trade secret provisions of the
North Carolina Public Records Law. Prospective Developer may use the following mechanisms
to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form,
Prospective Developer may provide DEQ with copies of a form lease or rider evidencing
compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XV (Notices and Submissions); or (ii) Prospective Developer may
provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section
XV.
22. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
VII. DUE CARE/COOPERATION
23. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
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threatens a release of contaminants at or from the Brownfields Property while Prospective
Developer owns the Brownfields Property, the Prospective Developer shall immediately take all
appropriate action to prevent, abate, or minimize such release or threat of release, shall comply
with any applicable notification requirements under NCGS § 130A-310.1 and 143-215.85,
Section 103 of CERCLA, 42 USC § 9603, and/or any other law, and shall immediately notify the
DEQ Official referenced in subparagraph 35.a., below, of any such required notification.
VIII. CERTIFICATION
24. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated August 26, 2019, by which it applied for this
Agreement, as modified herein. That use is retail, office, restaurant, brewery or food production
facility, entertainment, open space, amenity space, parking, industrial, warehousing, and with
prior written DEQ approval, other commercial uses. Prospective Developer also certifies that to
the best of its knowledge and belief it has fully and accurately disclosed to DEQ all information
known to Prospective Developer and all information in the possession or control of its officers,
directors, employees, contractors and agents which relates in any way to any past use of
regulated substances or known contaminants at the Brownfields Property and to its qualification
for this Agreement, including the requirement that it not have caused or contributed to the
contamination at the Brownfields Property.
IX. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
25. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
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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
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
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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
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
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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
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.
00910-014/00204615-7 29 22016-18-060/Quality Products (20200205)
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
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.
00910-014/00204615-7 30 22016-18-060/Quality Products (20200205)
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: LEH NC MINT, LLC (or successor in function) c/o Chris Walker
Alexander Ricks PLLC
1420 E. 7th Street, Suite 100 Charlotte, NC 28204 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
00910-014/00204615-7 31 22016-18-060/Quality Products (20200205)
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
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
00910-014/00204615-7 32 22016-18-060/Quality Products (20200205)
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.
00910-014/00204615-7 33 22016-18-060/Quality Products (20200205)
IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY By: ____________________________________________________________________________ Ellen Lorscheider Date Deputy Director, Division of Waste Management
IT IS SO AGREED: LEH NC Mint, LLC By:
____________________________________________________________________________ Name typed or printed: Nikolaus M. Lischerong Date Title typed or printed: Member
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22016-18-060/Quality Products Co. (20200205)
1
Exhibit 2
The most recent environmental sampling at the Property reported in the Environmental Reports occurred on November 9, 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)
1,2-Dichloroethane TMW-4 7/27/2019 0.55 J 0.4
Trichloroethylene TMW-3/DUP-1 12/20/2018 6.6/6.2 3
J- Estimated Concentration
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 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
Screening
Level (µg/L)
Residential VI
Screening
Level1
(µg/L)
Trichloroethylene TMW-3/DUP-1 12/20/2018 6.6/6.2 3
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.
22016-18-060/Quality Products Co. (20200205)
2
SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the screening levels for which are derived from the Preliminary Industrial Health- Based Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section (February 2018 version):
Soil Contaminant Sample Location Depth (ft) Date of Sampling
Concentration Exceeding Screening Level (mg/kg)
Industrial Screening Level1 (mg/kg)
TPH GRO (C6-C10)* SB-1 8-10 7/27/2019 799 50
TPH DRO (C10-
C28)* SB-1 8-10 7/27/2019 106 100
Total C9-C18 Aliphatics (Medium) SB-1 8-10 7/27/2019 212.5 93
Arsenic
SB-6 2-3 12/20/2018 21.8
3.0
BG-2 2-3 12/20/2018 28.5
SB-4 0-2 7/27/2019 68.2
SB-6 2-3 7/27/2019 3.73
SB-7 0-2 7/27/2019 3.93
1,4-
Dichlorobenzene SB-2 3-4 7/27/2019 23.6 12
Mercury SB-1 8-10 7/27/2019 10.5 9.7 SB-2 3-4 7/27/2019 30.2
Naphthalene SB-2 3-4 7/27/2019 42.0 18
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.
22016-18-060/Quality Products Co. (20200205)
3
SUB-SLAB VAPOR
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from Non-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)
Non-Residential
Screening
Limit1
(µg/m3)
Naphthalene SSV-1 7/27/2019 390 260
Trichloroethylene SSV-1 1/26/2018 7,700 180 SSV-2 1/26/2018 12,000
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.
INDOOR AIR
Indoor air contaminants in micrograms per cubic meter, the screening limits for which are derived from Non-Residential Vapor Intrusion Screening Levels of the Division of Waste Management (February 2018 version):
Indoor Air Contaminant
Sample Location Date of Sampling Concentration
Exceeding
Screening
Level (µg/m3)
Non-
Residential
Screening
Level1
(µg/m3)
Heptane IAS-4 12/19/2018 500 350
Trichloroethylene IAS-1 12/19/2018 4.4 1.8
IAS-2/DUP-1 12/19/2018 15/16
IAS-3 12/19/2018 5.0
1Screening limits 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.
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 (g/L) Standard (g/L) 1,2-Dichloroethane TMW-4 7/27/2019 0.55 J 0.4 Trichloroethylene TMW-3/DUP-1 12/20/2018 6.6/6.2 3 J- Estimated Concentration 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 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 Screening Level (g/L) Non-Residential VI Screening Level1 (g/L) Trichloroethylene TMW-3/DUP-1 12/20/2018 6.6/6.2 4.4 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. SOIL Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the screening levels for which are derived from the Industrial/Commercial Health-Based Preliminary Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section (December 2019 version): Soil Contaminant Sample Location Depth (ft) Date of Sampling Concentration Exceeding Screening Level (mg/kg) Industrial Screening Level1 (mg/kg) TPH GRO (C6-C10) SB-1 8-10 7/27/2019 799 50* TPH DRO (C10-C28) SB-1 8-10 7/27/2019 106 100* Total C9-C18 Aliphatics (Medium) SB-1 8-10 7/27/2019 212.5 93 Arsenic SB-6 2-3 12/20/2018 21.8 3.0 BG-2 2-3 12/20/2018 28.5 SB-4 0-2 7/27/2019 68.2 SB-6 2-3 7/27/2019 3.73 SB-7 0-2 7/27/2019 3.93 1,4-Dichlorobenzene SB-2 3-4 7/27/2019 23.6 12 Mercury SB-1 8-10 7/27/2019 10.5 9.7 SB-2 3-4 7/27/2019 30.2 Naphthalene SB-2 3-4 7/27/2019 42.0 18 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. * NC DEQ UST Section Action Level. SUB-SLAB VAPOR Soil gas contaminants in micrograms per cubic meter, the screening levels for which are derived from Non-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 (g/m3) Non-Residential Screening Limit1 (g/m3) Naphthalene SSV-1 7/27/2019 390 260 Trichloroethylene SSV-1 1/26/2018 7,700 180 SSV-2 1/26/2018 12,000 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. INDOOR AIR Indoor air contaminants in micrograms per cubic meter, the screening limits for which are derived from Non-Residential Vapor Intrusion Screening Levels of the Division of Waste Management (February 2018 version): Indoor Air Contaminant Sample Location Date of Sampling Concentration Exceeding Screening Level (g/m3) Non-Residential Screening Level1 (g/m3) Heptane IAS-4 12/19/2018 500 350 Trichloroethylene IAS-1 12/19/2018 4.4 1.8 IAS-2/DUP-1 12/19/2018 15/16 IAS-3 12/19/2018 5.0 1Screening limits 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.
Exhibit C
Legal Description for Quality Products Co.
Brownfields Project No. 22016-18-060
Being that certain parcel of land lying and being in the City of Charlotte, Mecklenburg County, North
Carolina, and being more particularly described as follows:
Westwood North
COMMENCING at a calculated point at a building corner located at the intersection of the
southeast margin of the right-of-way of S. Mint St. (a 60’ public right-of-way) and the northeast
margin of the right-of-way of Westwood Ave. (a 50’ public right-of-way); thence with the
southeast margin of S. Mint St. North 56-40-13 East a distance of 199.96 feet to a 1” existing
iron pipe located at the common front corner of Lots 9 and 10, Block 4 of Westwood Park as
recorded in Map Book 332, Page 361; thence with the common line of Lots 9 and 10 South 33-
16-59 East a total distance of 155.08 feet to a 1/2” new iron rod passing through an 1/2” existing
iron rod at 150.03 feet located on the northwest margin of a 10 ft Alley of the aforesaid
Westwood Park; thence with the common line of block 4 as recorded in Map Book 332 Page 361
For the following 2 (two) courses and distances as follows: 1) South 56-40-07 West a distance of
46.01 feet to a 1/2” new iron rod; 2) South 46-25-35 East a distance of 36.02 feet to a 1/2” new
iron rod; thence with the common line of Lot 5 and Block 4 as recorded in Map Book 332 Page
361 of the aforesaid Westwood Park for the following 2 (two) courses and distances: 1) South
43-34-25 West a distance of 5.00 feet to a 1/2” new iron rod 2) South 51-18-01 West a distance
of 155.50 feet to a 1” existing iron pipe located on the northeast margin of the right-of-way of
Westwood Ave.; thence with the northeast margin of Westwood Ave. the following 3 (three)
courses and distances: 1) with a curve turning to the right, with an arc length of 45.78 feet, with
a radius of 485.11 feet, with a chord of North 35-59-41 West a distance of 45.77 feet to a 1”
existing iron pipe; 2) North 35-09-03 West a distance of 10.11 feet to a 1” existing iron pipe
located at the southwest corner of Lot 6, Block 4 of the aforesaid Westwood Park; 3) North 33-
16-36 West a distance of 150.04 feet to the point and place of BEGINNING. Having an area of
37,851 square feet (0.8689 acres) according to a survey by R.B. Pharr & Associates, P.A. dated
September 20, 2019. Job No. 90556.
Westwood South
COMMENCING at a 1” existing iron pipe located at the intersection of the southeast margin of
the right-of-way of S. Mint St. (a 60’ public right-of-way) and the southwest margin of the right-
of-way of Westwood Ave. (a 50’ public right-of-way); thence with the southwest margin of
Westwood Ave. South 33-16-36 East a distance of 150.15 feet to a new nail located the
intersection with the northwest margin of a 10 ft Alley as shown on the map of Westwood Park
recorded in Map Book 332, Page 361; thence with the northwest margin of the 10 ft Alley the
following 2 (two) courses and distances: 1) South 56-32-58 West a distance of 50.04 feet to a 1”
existing iron pipe; 2) South 56-50-19 West a distance of 99.74 feet to a 1” existing iron pipe
located at the common rear corner of Lots 3 and 4, Block 1 of the aforesaid Westwood Park;
thence with the common line of Lots 3 and 4 North 33-16-36 West a distance of 150.02 feet to a
new nail located on the southeast margin of the right-of-way of S. Mint St.; thence with the
southeast margin of S. Mint St. North 56-41-35 East a distance of 149.79 feet to the point and
place of BEGINNING. Having an area of 22,493 square feet (0.5164 acres) according to a
survey by R.B. Pharr & Associates, P.A. dated September 20, 2019. Job No. 90556.