22002_Overture Cary_revised BPA_20180419

waste Managemmt
ENVIROMMEMAL QUAL MY
Brownfields Property Application
North Carolina Brownfields Program
Instructions/Important Information for Applicants
The Brownfields Property Reuse Act (Act) sets forth the conditions under which a site and a
prospective developer (PD) are eligible for a brownfields agreement. To start the process of seeking
a brownfields agreement, please complete this application. The North Carolina Department of
Environmental Quality's (DEQ's) North Carolina Brownfields Program (NCBP) will base its eligibility
determination on the information provided in this application and on other information that may be
obtained by NCBP. This eligibility determination is an administrative tool that allows the NCBP to
spend resources strictly on those sites that meet the statutory eligibility criteria. The application will
also allow the NCBP to allocate its resources first to those projects that demonstrate the highest
degree of public benefit.
The application form is available for download at www.ncbrownfields.org as an MSWord form and
a PDF. It is divided into the following sections:
Section I. Prospective Developer Information - facts regarding the applicant
Section II. Site Information - facts regarding the property
Section III Other Required Information - a "checklist" to help ensure that additional information
that must be submitted with the application is included.
Section IV. Additional Required Forms - NCBP has two forms that are required to be used for two
of the attachments to this application: a "Preliminary Proposed Brownfields
Agreement" form and a "Responsibility and Compliance Affidavit" form. Please note
that the "Preliminary Proposed Brownfields Agreement" must be initialed and
the "Responsibility and Compliance Affidavit" must be signed and notarized.
A determination of eligibility does not mean that the site is guaranteed to remain eligible or that the
PD is assured of receiving a final brownfields agreement; rather, it means that a PD is eligible to
seek a brownfields agreement regarding the site. As the process moves forward, NCBP has the
continuing duty to exercise its discretion as to whether DEQ should enter into a brownfields
agreement regarding a particular site. Comments received from the public may alter NCBP's view
regarding eligibility. Also, new information that runs counter to statutory eligibility criteria and
obtained by the NCBP following an affirmative eligibility determination will require NCBP to re-
evaluate eligibility.
The Act requires DEQ to determine that brownfields projects have public benefit commensurate with
the liability relief provided by the brownfields agreement. Letters of community support can be a
strong gauge of public benefit. Economic development factors are important measures of this as
well. Therefore, in Section II, please be as specific as possible regarding questions that pertain to
economic measures of public benefit, including job creation, redevelopment investment, etc. Please
be assured that while the NCBP reports this information to the General Assembly as a measure of
overall programmatic public benefit, we do not report it on a site -specific basis. The data is only
used in aggregate.
2018-4-19 Overture Cary BPA.doe

The process of applying for entry into the NCBP is as follows:
Download, fill out, and return the Brownfields Property Application form. If you do not have
internet access you may contact the NCBP at [phone] to obtain a copy of this form. If you
have MSWord as a word processor, you may use it to download and fill out the MSWord Form
(downloading the form in PDF format will require that the form be filled out by hand). You must
submit the original forms and attachments to:
NC Brownfields Program
Attention: Shirley Liggins
N.C. Department of Environmental Quality
Division of Waste Management
Mail Service Center 1646
Raleigh NC 27699-1646
Please note that attachments to the application include the "Responsibility and Compliance
Affidavit", which must be signed and notarized, and the "Preliminary Proposed Brownfields
Agreement", which must be initialed. (Be advised that the Preliminary Proposed Brownfields
Agreement is primarily an informational form for the NCBP to use in generating the brownfields
agreement and is not the actual brownfields agreement that will be signed by DEQ. )
Based upon the review of the application, the NCBP will provide the applicant PD one of the
following:
A. A Letter of Eligibility (LOE) indicating that the property is eligible for continued
negotiations towards a brownfields agreement. Upon receipt of an LOE, the initial
statutory fee of $2,000 is due from the PD to the NCBP. At this point, the PD also
needs to submit any and all environmental data it has or can obtain regarding the
site;
B. A Letter of Deficiency indicating that the submitted application is deficient in some
manner and eligibility cannot be determined, at which time additional information or
corrections to the application will be requested from the applicant PD; or
C. A letter indicating that the property and/or the applicant PD are ineligible for a
brownfields agreement.
The above steps end the application process. The remainder of the process of obtaining the
brownfields agreement is summarized as follows:
3. The NCBP reviews the existing environmental data and determines if there are
knowledge gaps. The NCBP may require additional assessment to be conducted by the
PD to fill in those gaps. Depending on the situation, such assessment may be required
prior to completion of a draft brownfields agreement or it may be incorporated in the
brownfields agreement requirements.
4. The NCBP considers all data at hand and drafts the brownfields agreement outlining
those items necessary to make the site suitable for the uses intended while fully protecting
public health and the environment. These items could include land use restrictions,
engineered controls, remedial actions or a combination of these actions. The draft BFA is
forwarded to the PD.
oil

5. The final draft brownfields agreement is negotiated and finalized between DEQ and the PD.
The statutory ancillary documents are prepared (including a brownfields property plat and
Notice of Intent to Redevelop a Brownfields Property) and this notice is opened to public
comment for a minimum of 30 days.
6. A second fee, required by statute to defray the costs to DEQ and DOJ, will be due from the
PD prior to DEQ's execution of the brownfields agreement. Presently this second fee is
$6,000, subject to negotiation in 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.
7. Any addendum/modification of the Brownfields documents after they take effect will
require a fee from the proponent of the modification in the amount of at least $1,000.00.
8. In the absence of public comment which affects the agreement, it is then signed by DEQ and
becomes effective upon execution by PD. If the NCBP receives public comment or a request
for a public meeting, the NCBP will consider input from the public and determine any
necessary changes to the brownfields agreement. It will then decide whether those changes
warrant an additional public comment period or if the brownfields agreement can be
executed after the appropriate changes are made.
9. The PD records the Notice of Brownfields Property at the county register of deed's office.
10. Once executed, brownfields agreements require that the owner of any part of the brownfields
property provide an annual certification to the NCBP (known as a Land Use Restriction
Update or LURU) that the Notice of Brownfields Property containing the land use restrictions
remains recorded at the register of deeds and that the land use restrictions are being
complied with.
Please contact NCBP if you have questions or require additional guidance regarding this application
form or the process. Contact information is available on our website: www.ncbrownfields.ora or by
calling 919-707-8200.
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Brownfields Property Application
North Carolina Brownfields Program
www.ncbrownfields.org
I. PROSPECTIVE DEVELOPER (PD) INFORMATION {USE TAB KEY TO GET TO NEXT
DATA ENTRY LINE — DO NOT USE THE RETURN KEY}
A. PD information:
Entity name
Greystar GP II, LLC
Principal Officer
Robert A. Faith, CEO
Representative
Ben Liebetrau, VP
Mailing Address
18 Broad Street, Suite 300
Charleston, SC 29401
E-mail address
[e-mail]
Phone No.
843-579-3221
Fax No.
843-302-0212
Web site
www.greystar.com
B. PD contact person information (i.e., individual who will serve as the NCBP's point of
contact if different than above):
Name
Darin McClure
Company
Mid -Atlantic Associates, Inc.
Mailing Address
409 Rogers View Court
Raleigh, NC 27610
E-Mail Address
[e-mail]
Phone No.
919-250-9918
Fax No.
919-250-9950
C. Information regarding all parent companies, subsidiaries or other affiliates of PD (attach
separate sheet(s) if necessary):
(Use for LLCs)
Member -managed or manager -managed? Answer: Yes
C!

If manager -managed, provide name of manager and percent of ownership:
Name
Greystar Real Estate Partners, LLC
Ownership (%)
100
Mailing Address
18 Broad Street, Suite 300
Charleston, SC 29401
E-Mail Address
[e-mail]
Phone No.
843-579-3221
Fax No.
843-302-0212
For all LLCs, list all members of the LLC and provide their percent of ownership:
Name
Greystar Real Estate Partners, LLC
Ownership (%)
100%
Mailing Address
18 Broad Street, Suite 300
Charleston, SC 29401
E-Mail Address
[e-mail]
Phone No.
843-579-3221
Fax No.
843-302-0212
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
6i

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.
Not Applicable
List all parent companies, subsidiaries and other affiliates:
(Use for Partnerships)
Check one: ❑General Partnership ❑Limited Partnership
List all partners and percent of ownership:
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Is this person a general or limited partner?
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Is this person a general or limited partner?
List all parent companies, subsidiaries and other affiliates:
1:

(Use for corporations other than LLCs)
(If information is the same as shown in 1.A., please indicate "same as 1.A."below.)
Name
Mailing Address
E-Mail Address
Phone No.
Fax No.
List all parent companies, subsidiaries and other affiliates:
(Use for individuals)
(If individual is the same as shown in 1.A., -please indicate "same as I.A. " above.)
Name
Mailing Address
E-Mail Address
Phone No.
Fax No.
D. Does PD have or can it obtain the financial means to fully implement a brownfields
agreement and assure the safe reuse of the property? (Attach supporting documentation
such as letters of credit, financial statements, etc.)
Answer Yes
Explanation Greystar is an international, fully -integrated multifamily firm, headquartered in
Charleston, SC. As such, Greystar has the unique ability to deploy a fully -integrated
multifamily platform that includes development, construction, property management and
investment management. The collaboration between these groups begins immediately with
each project, and allows us to consistently develop successful projects for all parties: the
tenants, the owners, and the surrounding community.
Greystar GP II, LLC ("Greystar") has contracted to purchase portions of two properties
totaling approximately 7.12 acres (new combined site). Greystar's parent company is an
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established real estate developer with experience acquiring and developing challenged and
underutilized properties. Since 2011, our development company has commenced, closed,
and completed construction on over 80 sites across the country, totaling $7.9 billion in total
capitalization (22,997 units) and is actively pursuing or under contract/permitting an
additional 40 projects approximated at $4.8 billion in total capitalization (10,397 units).
Greystar is applying for the Brownfields Agreement as part of its due diligence for the
purchase of the property. Greystar and its parent company are financially sound and have
the ability to obtain equity capital and loan financing as needed to fully implement a
Brownfields Agreement. Greystar's equity partner and primary lender typically require a
Brownfields Agreement (or similar mechanism) any time a project has environmental issues
or will appear on a regulatory list because of such issues. Greystar is confident that its
application for (and eventual execution of) a Brownfields Agreement will facilitate loan
financing for the property.
Financial statements can be provided upon request. Greystar requests that this information
be handled as business confidential information pursuant to the North Carolina Public
Records Act and accordingly kept in a confidential file and not disclosed as a public record in
connection with this brownfields project.
E. Does PD have or can it obtain the managerial means to fully implement a brownfields
agreement and assure the safe use of the property?
Answer Yes
Explanation As a fully integrated real estate firm, Greystar is the market leader in
multifamily real estate. We utilize our deep experience in property management (425,000+
units under management across the country) to refine our market understanding and
underwriting. Paired with our in-house general contractor, we are able to vertically integrate
the entire development process from site selection to management of the asset.
In addition, we have experience working with brownfield programs throughout the southeast.
We have recently completed Ascent Uptown, a 300-unit high rise development on a 0.6 acre
former brownfield in downtown Charlotte that is included in the NCBP (NCID# 18017-14-
060). We are under construction on a 188-unit age -restricted project (very similar to the one
being proposed) in Charlotte, Mecklenburg County, NC that has also been included in the
E:

NCBP (NCID# 20070-16-060). We have also recently completed Elan Midtown, a mixed -use
project containing both 200 residential units and multiple commercial uses on a 1.77 acre
former brownfield in downtown Charleston, SC. That project included entry into and
completion of a Voluntary Cleanup Contract with the South Carolina Department of Health
and Environmental Control. We also recently completed Elan Westside, a mixed -use project
containing 197 residential units and multiple commercial uses, on a brownfield in the west
Midtown submarket of Atlanta, GA. This project involved entry into an approved Corrective
Action Plan with the Georgia Department of Natural Resources.
F. Does PD have or can it obtain the technical means to fully implement a brownfields
agreement and assure the safe use of the property?
Answer Yes
Explanation In addition to the experience described in Section E above, Greystar has
contracted with Mid -Atlantic Associates, Inc. (Mid -Atlantic) to serve as a technical resource
for development and completion of the Brownfields Agreement. Mid -Atlantic has extensive
experience with DEQ regulatory programs and with the Brownfields Program. Darin
McClure, PE, Mid -Atlantic President, will serve as the primary contact for this project.
William Service, Mid -Atlantic Environmental Toxicologist, and Dan Nielsen, PE, Project
Manager, will provide project technical support as needed. Both have overseen successful
completion of Brownfields agreements.
G. Does PD commit that it will comply (and has complied, if PD has had a prior project in the
NCBP) with all applicable procedural requirements of the NCBP, including prompt payment of
all statutorily required fees?
Answer Yes
(List all NCBP project name(s) and NCBP project ID numbers where PD or any parent
company, subsidiary and other affiliate of PD has been a party to.)
Third and Poplar Project, NCBP Project ID 18017-14-060
Overture Cotswold Scottish Rite Temple Site, NCBP Project ID 20070-16-060
H. Does PD currently own the property?
Answer No
�:

If yes, when did PD purchase the property and from whom? (Provide name, address,
telephone number and email address of the contact person for the current
property owner.)
If no, provide the name, address, telephone number and e-mail address of the contact
person for the current property owner
Leyland Alliance, LLC (property owner at time of purchase)
Howard Kaufman, CEO and Principal
Post Office Box 878, 233 Route 17
Tuxedo, New York 10987
845-351-2900 ext. 224
[e-mail]
I. If PD does not currently own the property, does PD have the property under contract to
purchase?
Answer Yes
If yes, provide date of contract. 8/18/17
If no, when does the PD intend to purchase the property (e.g., after the project is determined
to be eligible for participation in the NCBP, after PD receives a draft BFA, after the
conclusion of the brownfields process)?
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.)
Not Applicable
II. SITE INFORMATION
A. Information regarding the proposed brownfields property:
Proposed project name Overture Cary
acreage approx.7.12 County Wake
`to]

street address(es) 3612 & 3624 Davis Drive
city Cary (3612) Morrisville (3624) zip 27560
tax ID(s) or PIN(s) The candidate Brownfields Property will be comprised of portions of
3612 Davis Drive - PIN 0745-44-9957 (0.48 acres) and 3624 Davis Drive 0745-54-3962 (6.64
acres). In the future, portions of these parcels will be recombined into the 7.12 acre
Brownfields Property (PIN 0745-45-8727). The 0.08 acre "Cell Tower Lot" noted on the
attached survey plat is not part of the Brownfields Property.
past use(s) Single family residence with undeveloped woodland. Some
agricultural use in the past.
current use(s) Vacant.
cause(s)/source(s) of contamination:
known Heating oil release from a former AST.
suspected
B. Regulatory Agency Involvement: List the site names and all identifying numbers (ID No.)
previously or currently assigned by any federal, state or local environmental regulatory
agencies for the property. The ID No's may include CERCLIS numbers, RCRA generator
numbers for past and present operations, UST database, Division of Water Quality's incident
management database, and/or Inactive Hazardous Sites Branch inventory numbers. (In
many instances, the PD will need to actively seek out this information by reading
environmental site assessment reports, reviewing government files, contacting government
officials, and through the use of government databases, many of which may be available over
the internet.)
Agency Name/ID No: The release incident from the AST has not been assigned an ID
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
C. In what wav(s) is the Drooerty is abandoned. idled. or underused?
The property has been vacant for more than a year. Based on it's location the site is severly
underused.
D. In what way(s) is the actual or possible contamination at the property a hindrance to
development or redevelopment of the property (attach any supporting documentation such as
letters from lending institutions)?
11

Our equity partner and primary lender have indicated that they would not invest/lend on this
project without the benefit of a Brownfields Agreement. A letter from our equity partner is
attached. Traditionally any contamination incident, and particularly those that will remain on
federal or state incident lists, require the the use of a Brownfields Agreement (or similar
mechanism). This is needed to ensure partners, lenders and occupants that the site has been
deemed safe for the intended reuse. With an anticipated sensitive population (senior citizens)
moving into this development, the need for the Brownfields Agreement is even greater.
E. In what way(s) is the redevelopment of the property difficult or impossible without a
brownfields agreement (attach any supporting documentation such as letters form lendinq
institutions)?
Both our equity partner and primary lender typically do not lend on these types of projects
without the benefit of a Brownfields agreement. A letter from our equity partner is attached.
Traditionally any contamination incident, and particularly those that will remain on federal or state
incident lists, require the the use of a Brownfields Agreement (or similar mechanism). This is
needed to ensure partners, lenders and occupants that the site has been deemed safe for the
intended reuse. With an anticipated sensitive population (senior citizens) moving into this
development, the need for the Brownfields Agreement is even greater.
F. What are the planned use(s) of the redeveloped brownfields property to which the PD will
commit? Be as specific as specific as possible.
The project will be an age -restricted (55+) "Active Adult" -style senior housing community.
This Active Adult project will have a level of services well above those of a traditional
apartment community (including community events and continental breakfasts), but will
include no on -site medicial care, allowing the pricing to be far more affordable than traditional
Independent living facilities. Greystar has designed the project with the aging Baby Boomer
generation in mind, and anticipates the average age at the project to be between 70 and 74.
The project will incorporate a substantial amount of indoor and outdoor amenity spaces.
Greystar is currently committed to carrying out the predevelopment and development phases
of the project, as well as management of the completed project in the near term.
G. Current tax value of brownfields property: $3.5M
H. Estimated capital investment in redevelopment project: $Greystar will provide a response to
this item in a separate confidential transmission upon request. As explained in further detail in
any such future transmission, Greystar requests that this information be handled as business
confidential information pursuant to the North Carlina Public Records Act and accordingly kept in
a confidential file and not disclosed as a public record in connection with this brownfields project.
List and describe the public benefits that will result from the property's redevelopment. Be as
specific as possible. (Examples of public benefits for brownfields projects include job creation,
tax base increases, revitalization of blighted areas, preserved green space, preserved historic
places, improving disadvantaged neighborhood quality -of -life related retail shopping
opportunities, affordable housing, environmental cleanup activities or set asides that have
community or environmental benefits. In gauging public benefit, NCBP places great value
upon letters of support from community groups and local government that describe
anticipated improvements in quality of life for neighboring communities that the project will
12

bring about. The inclusion of such support letters with this application is recommended and
encouraged.)
On a project of this size, it is reasonable to assume that it will provide in excess of 175
construction -related jobs over the duration of the project. Additionally, after we achieve the
certificate of occupancy, there will be at least six permanent jobs (property manager, three
leasing agents, and two maintenance supervisors) created and retained at the property.
Moreover, this building will be age -restricted to residents that are aged 55 and over, offering
additional housing options to an historically underserved population in Cary. The Town of Cary
has identified the need for additional senior housing and this project intends to help address that
need. Cary, like many places in the Southeast, has a severe shortage of senior housing
available for the coming wave of Baby Boomers that are beginning to reach retirement age. This
project would provide an entirely new concept of housing for active seniors, allowing them to age
in place while remaining active and involved in their communities. Additionally, the project will
provide the following benefits:
(A) Substantially increase the tax base by replacing a tax-free use and small single-family home.
Moreover, the project will not burden much of the surrounding infrastructure because it will
generate minimal traffic and have no impact on local schools;
(B) Create numerous construction jobs, and several permanent jobs associated with the
management of the development (i.e. maintenance, property management, and leasing);
(C) Provide positive social and economic impacts on the surrounding businesses and
communities by keeping some of the area's most engaged residents in place longer;
(D) Invest in smart growth through use of land in an already -developed area, which avoids
development of land beyond the urban fringe. The project is part of a larger mixed -use, infill
development that will bring residential, retail (including a grocery store) and office into one site,
bringing a mix of uses into one location.
Special Note: Please describe all environment -friendly technologies and designs PD plans
to utilize in its redevelopment strategy. For example, environment friendly redevelopment
plans could include: Leadership in Energy and Environmental Design (LEED) Certification,
green building materials; green landscaping techniques such as using drought resistant
plants; energy efficient designs, materials, appliances, machinery, etc.; renewable sources of
energy, and/or recycling/reuse of old building materials such as brick or wood.
The project will likely be a NGBS-certified building and plans are to utilize higher efficiency
heat pumps, and Energy Star appliances. The planned re -use project is inherently green due
to its location within a larger mixed -use development with close proximity to public services,
public transportation access and entertainment. The developers will consider a variety of
environmentally -friendly development techniques and project enhancements as part of this
project, including the provision of a greenway. Plans for the development are very
preliminary and no firm decisions have been made at this time.
J. Who will own the brownfields property when the Notice of Brownfields Property is filed with
the register of deeds at the conclusion of the brownfields process? (If information is the
same as I.A. above, please indicate.)
Name Greystar GP II, LLC
Mailing Address 18 Broad Street, Suite 300
`R

Charleston, SC 29401
E-Mail Address [e-mail]
Phone No. 843-579-3221
Fax No. 843-302-0212
III. OTHER REQUIRED INFORMATION
A. Brownfields Affidavit: PD must provide its certification, in the form of a signed and
notarized original of the unmodified model brownfields affidavit provided by NCBP, that it
did not cause or contribute to contamination at the property and that it meets all other
statutory eligibility requirements. (Note: The form to use for this affidavit is attached to this
application. 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?
Answer Yes
B. Proposed Brownfields Agreement Form: PD must provide the completed form Proposed
Brownfields Agreement. (Note: The form to use for this document is attached to this
application. It must be filled out, initialed, and attached on your submittal.)
Is the reauired Proposed Brownfields Aareement . as described above. included with this
application?
Answer Yes
C. Location Map: PD must provide a copy of the relevant portion of the 1:24,000 scale
U.S.G.S. topographic quadrangle map that shows the location of the property, clearly
plotted, and that measures at least an 8'/z 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?
Answer Yes
D. Survey Plat: PD must provide a preliminary survey plat of the brownfields property with the
property boundaries clearly identified, and a metes and bounds legal description that
matches the property description on the plat. At this stage of the brownfields process, one
or more existing survey plats from a previous property conveyance will suffice. (Before the
brownfields project enters the public comment phase of the brownfields process, the PD will
be required to submit a final brownfields survey plat which includes the information listed in
the brownfields survey plat guidance.)
Is the required preliminary survey plat included with this application?
Answer Yes
AIL'!

E. Site Photographs: PD must provide at least one pre -redevelopment photograph of the
property, in either hard copy or electronic format, that shows existing facilities and
structures. Please note that the NCBP prefers to have electronic photos instead of or
in addition to hard copies. Electronic copies of photographs should be emailed to:
Shirley.Liggins(cD_ncdenr.gov with a clear indication as to which Brownfields
Application they apply to.
Are photographs of the property included with this application?
Answer Yes
Have electronic copies of the photographs been emailed to NCBP?
Answer Yes
F. Environmental Reports/Data: If it makes an affirmative eligibility determination, the NCBP
will request that PD provide any and all existing environmental reports and data for the
property on CD only. The brownfields process may be expedited if PD submits such
reports/data with this application.
Are any environmental reports/data being submitted with this application?
Answer No, the reports below were submitted with the previous application.
If environmental reports/data are being submitted with this application, please provide the
title, date and author of each item being submitted:
1. Phase I Environmental Site Assessment Report, December 12, 2017, Mid -Atlantic
Associates, Inc.
2. Letter Report of Soil Sampling Results, November 28, 2017, Mid -Atlantic Associates,
Inc.
IV. ADDITIONAL REQUIRED FORMS
The following forms are to be filled out and submitted with the application including the
Responsibility and Compliance Affidavit and the Proposed Brownfields Agreement.
Submittal of the Affidavit requires signature and notarization, and the Proposed
Brownfields Application requires an initial.
15

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
NORTH CAROLINA BROWNFIELDS PROGRAM
IN THE MATTER OF: Greystar GP 11, LLC
UNDER THE AUTHORITY OF ) AFFIDAVIT
NORTH CAROLINA GENERAL ) RE: RESPONSIBILITY
STATUTES 3 130A-310.30, et. seq. ) AND COMPLIANCE
Ben Liebtrau, being duly sworn, hereby deposes and says:
1. I am <<Vice President>> of Greystar GP II, LLC.
2. [if signatory is not President, add this paragraph: "I am fully authorized to make the declarations
contained herein and to legally bind Greystar GP II, LLC."]
3. Greystar GP II, 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 portions of 0745-54-3962 (6.64 acres) & 0745-44-9957 (0.48 acres) parcel(s) in
Morrisville & Cary, Wake, County, North Carolina: 3624 & 3612 Davis Drive
4. 1 hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that Greystar GP
II, LLC, and any parent, subsidiary or other affiliate meets the eligibility requirements ofN.C.G.S. 3
130A-310.31(b)(10), in that it has a bona fide, demonstrable desire to develop or redevelop, and did
not cause or contribute to the contamination at, the parcel(s) cited in the preceding paragraph.
5. 1 hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that Greystar GP
II, LLC meets the eligibility requirement of N.C.G.S.3130A-310.32(a)(1) in that it and any parent,
subsidiary or other affiliate have substantially complied with:
a. the terms of any brownfields or similar agreement to which it or any parent, subsidiary or
other affiliate has been a party;
b. the requirements applicable to any remediation in which it or any parent, subsidiary or other
affiliate has previously engaged;
c. federal and state laws, regulations and rules for the protection of the environment.
Affiant furthcrsazth not.
Date
Sworn to and subscribed before me
this 1 day of 2ty 9-1 LL , 20T.
Notary Public
My commission expires:
16
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Preliminary Proposed Brownfields Agreement
I. Property Facts
a. Property Address(es): 3612 Davis Drive, Morrisville, NC and 3624 Davis Drive, Cary, NC
b. Property Seller: Leyland Alliance, LLC
c. Property Buyer: Greystar GP II, LLC
d. Brief Property Usage History: Single family residence, primarily wooded with some previous
agricultural use
e. The planned reuse will potentially involve the following use classification(s) (check all that
apply):
❑ School/childcare/senior care
® Residential
❑ Commercial, retail (specify)
❑ Other commercial (specify)
❑ Office
❑ Light industrial
❑ Heavy industrial
❑ Recreational
❑ Open space
❑ Other (specify)
II. Contaminant Information
a. The contaminant situation at the property is best described by the following (check all that
apply):
® Contaminants are from an on -property source(s)
❑ Contaminants are from an off -property source(s)
❑ Contaminants are from an unknown source(s)
❑ Contaminants have not yet been documented on the property
17

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

final brownfields agreement generated by the NUsP, land use restrictions will ultimately
come with the continuing obligation to submit an annual certification that the Land Use
Restrictions are being complied with and remain recorded at the applicable register of
deeds office.)
IV. Fees
In connection with a brownfields agreement, the Act requires that the developer pay fees to
offset the cost to the Department of Environmental Quality and the Department of Justice. In
satisfaction of the Act, the following fees apply to a brownfields agreement that is developed for
this project under the standard program, subject to negotiation of the brownfields agreement:
a. A $2,000 initial fee will be due from the applicant PD when both of the following occur:
1) NCBP receives this application, the affidavit and proposed brownfields agreement, AND
2) NCBP notifies the applicant in writing that the applicant PD and the project are eligible for
participation in the NCBP and continued negotiation of a brownfields agreement.
b. A second fee of $6,000 will be due from the PD prior to execution of the brownfields
agreement. Should the prospective developer choose to negotiate changes to the agreement
that necessitate evaluation by the Department of Justice, additional fees shall apply.
c. Any addendum/modifications to the BFA or NBP after they are in effect will result in an
additional fee of at least $1,000.
d. In the unexpected event that the environmental conditions at the property are unusually
complex, such that NCBP's costs will clearly exceed the above amounts, NCBP and PD will
negotiate additional fees.
e. Additional fees are charged for the Ready for Reuse and Redevelopment Now programs.
® i 7eA e Please check this box and initial in space provided to indicate your
acknowledgement of the standard brownfields fee structure.
❑ Please check this box and initial in space provided to indicate your interest in the
Redevelopment Now program and your acknowledgement of the alternate fee structure as
outlined in the Redevelopment Now Fee Consent Document (under separate cover).
❑ Please check this box and initial in space provided to indicate your interest in the
Ready for Reuse program.
Date of Submittal:
19

LETTER

SYNOVUS 0
1221 Main Street • Main Office • Columbia, SC 29201-3231
January 3, 2018
North Carolina Brownfields Program
To whom it may concern:
Synovus has reviewed Greystar's Overture Cary project at 3612 and 3624 Davis Drive in Cary, NC. We
understand there has been at least one reportable environmental release at this property and support
the enrollment of this project into the North Carolina Brownfields Program. Without the North
Carolinas Brownfields Program or a similar program, we typically do not lend on projects that have
demonstrated environmental issues, particularly where there is lasting public record of the release. The
inclusion of this site in the aforementioned program is critical to our underwriting, risk evaluation, and
potential construction financing for this project. Inclusion in the North Carolina Brownfields Program
provides the comfort that the site is safe for the intended reuse.
Sincerely,
Tyler B. Hudson
Director, Commercial Real Estate

TOPOGRAPHIC MAP

a
REFERENCES:
1. CARY, NC DIGITAL RASTER GRAPHIC, USGS. SCANNED SCALE: 1:7,200
FROM1:24,000-SCALE CARY, NC TOPOGRAPHIC MAP, PUBLISHED 2013, USGS.
2. PROPERTY BOUNDARY DATA FROM ROPERTY EXHIBIT, OVERTURE Feet
AT TWIN LAKES (FILE GRE17000-E2), THE JOHN R. MCADAMS COMPANY,
APRIL 17, 2018. 0 600 1,200
DRAWN DATE:
TOPOGRAPHIC SITE MAP BY: EBA APRIL 2018
DRAFT JOB NO:
Mid Atlantic OVERTURE TWIN OAKS CHECK: OOOR3021.01
Engineering & Environmental Solutions 3624 & 3612 DAVIS DRIVE ENG. GIS NO:
MORRISVILLE, NORTH CAROLINA CHECK: 01G-R3021.01-2
APPROVAL: DWG NO: 1

SURVEY PLAT

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SITE PHOTOGRAPHS

Overture Cary
G reysta r G P 11, LLC
Photo 1
Photo 2
Morrisville & Cary, NC