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HomeMy WebLinkAbout25006_Maaco Fleet Solutions_BPAVia Email and FedEx January 22, 2021 NCDEQ — Division of Waste Management Brownfields Program 1646 Mail Service Center Raleigh, NC 27699-1646 Attn: Ms. Shirley Liggins Re: Brownfield Property Application Former Maaco Fleet Solutions 2217 S. Tryon Street Charlotte, North Carolina H&H Protect No. PRO-014 Dear Ms. Liggins: 14 hart hickman SMARTER ENVIRONMENTAL SOLUTIONS 242 5 2 6, �2� rV o JAN 2021 I Brownfields ti 16$Vaici l0 On behalf of FHN Holdings, LLC, enclosed please find the original signed and notarized Brownfields Property Application package for the above referenced site located in Charlotte, NC. Electronic copies of the prior environmental reports identified in Section IV. F. of the Application are provided on the attached CD. An electronic copy of the application has also been sent to your attention and we have discussed this project in detail with DEQ Brownfields Project Manager Mr. Cody Cannon who is managing the nearby Selles Bagwell Brownfields Property. If you have any questions or comments, please do not hesitate to contact me. Sincerely, Hart & Hickman, PC Matt Ingalls Sr. Project Manager Enclosures 2923 South Tryon Street, Suite 100 3921 Sunset Ridge Rd, Suite 301 Charlotte, NC 28203 Raleigh, NC 27607 www.harthickman.com 704.586.0007 main 919.847.4241 main Standard and Redevelopment Now Track Brownfields Property Application North Carolina Brownfields Program htti2s://ded.nc.Eov/about/divisions/waste-mana2ement/bf I. PROSPECTIVE DEVELOPER (PD) CONTACT INFORMATION (USE TAB KEY TO GET TO NEXT DATA ENTRY LINE — DO NOT USE THE RETURN KEY) A. Prospective Developer ENTITY NAME FHN HOLDINGS, LLC C/O PROVIDENCE GROUP CAPITAL ENTITY MANAGER j FHN Holdings, LLC by Eric Nichols, its Manager MAILING ADDRESS 300 W. Summit Avenue — Suite 250 Charlotte, NC 28203 EMAIL ADDRESS enichols@providencegroup.com PHONE NUMBER ; 704-572-5000 FAX NUMBER 704-973-0737 WEBSITE I www.providencegroup.com PD CONTACT (IF DIFFERENT FROM ABOVE) REPRESENTATIVE J.Q. Freeman - Principal EMAIL ADDRESS jfreeman@providencegroup.com PHONE NUMBER ! 704-904-0713 B. Environmental Consultant (if applicable) COMPANY NAME PROJECT MANAGER MAILING ADDRESS EMAIL ADDRESS PHONE NUMBER FAX NUMBER WEBSITE HART & HICKMAN, PC Matt Ingalls 2923 S. Tryon Street #100 Charlotte, NC 28203 mingalls@harthickman.com O 704-887-4617; C 704-560-5767 704-586-0373 www.harhickman.com C. Environmental Attorney (if applicable) FIRM NAME CLICK OR TAP HERE TO ENTER TEXT. ATTORNEY NAME MAILING ADDRESS EMAIL ADDRESS PHONE NUMBER FAX NUMBER WEBSITE Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. II. SITE INFORMATION A. Information regarding the proposed Brownfields Property: HISTORIC NAME S. TRYON STREET AND DISTRIBUTION STREET BF SITE (IF AVAILABLE) (OTHER NAMES: WORLD OF STONE BF SITE) STREET ADDRESS—�2217* S. Tryon St. (* = contract for purchase of parcel is pending) CITY Charlotte, NC COUNTY Mecklenburg ZIP CODE 1 28203 TAX ID(S) OR PIN(S) 12104401 (1 parcel) ACREAGE 1.14 PAST USE(S) CURRENT USE(S) CONTAMINANTS AND THEIR SOURCE(S) The Site appears to have been undeveloped in the earliest historical source reviewed, an 1890 Sanborn Map. In 1929, a building (depicted on the Sanborn Map utilized for machinery storage), and a rail spur existed in the northern portion of the Site. In the 1950s, a building depicted as a small office building (thought to be occupied by Blankenship Brothers grading contractor) and a building depicted as an auto repair shop/oil storage facility (thought to be occupied by Queen City Oil) were located in the southern and northeastern portions of the Site, respectively. In the late 1950s to the 1970s, a gas station with four gasoline tanks (occupied by Queen City Oil and Mustang Oil service station) operated in the northern portion of the Site. In the 1980s, B&B Contracting appears to have utilized the Site buildings for office and storage. The previous structures were demolished and existing Site building was constructed in 1987. HydraStar, a distributor/installer of trailer braking systems, was the original Site occupant. B&B Automotive and Capstone Builders occupied the Site building in the 2000s and early 2010s, respectively. Maaco Fleet Solutions has operated in the existing Site building since the mid- 2010s. The subject Site is developed with an approximate 8,540-square foot (sq ft) one-story light industrial warehouse building comprise of office, storage, and service shop areas. The building is currently occupied by Maaco Fleet Solutions and is utilized as a vehicle service facility. Vehicle service activities conducted on the premises include oil/fluid changing, vehicle body work, and vehicle painting activities. ® On -property source(s) Explanation: Analytical data indicate that soil in the area of the former gas station (SB-1) located on the northern portion of the Site is impacted by petroleum constituents at concentrations above residential MSCCs and PSRGs. Analytical data indicate that soil below the OWS (SB-2) is impacted by petroleum constituents at concentrations above soil to groundwater MSCCs and POG PSRGs. Analytical data indicate that soil below one of the two subgrade hydraulic lifts (SB-6) is impacted by petroleum constituents at concentrations above soil to groundwater MSCCs. Soil sampled underneath the trench and floor drains, one of subgrade hydraulic lifts, and subgrade vault were not impacted with VOCs or PAHs above MSCCs or PSRGs. Arsenic K (ranging from 2.2 to 3.9 mg/kg) was detected in soil at the Site at concentrations above the industrial/commercial PSRG of 3.0 mg/kg. However, the detected arsenic concentrations are within the published range of background concentrations for North Carolina soil and were consistent with the arsenic concentration reported in the SB-BG background sample. Hexavalent chromium (ranging from 0.6 to 1.5 mg/kg) was detected at concentrations above the residential PSRG of 0.31 mg/kg. However, the detected hexavalent chromium concentrations are consistent with the concentration reported in the SB- BG background sample. Additional metals, including barium, cadmium, lead, mercury, and selenium, were detected at concentrations below MSCCs, PSRGs, background concentrations, and/or were generally consistent with published average background levels for North Carolina soils. VOCs (naphthalene, n-propylbenzene, and 1,2,4-trimethylbeznene) and PAHs (indeno [1,2,3-cd] pyrene and naphthalene) were detected in groundwater at concentrations above 2L Standards and residential/non- residential GWSLs in the area of the former gas station (TMW-1). Cumulative risk calculations indicate that the non -carcinogenic and carcinogenic risk levels are above acceptable risk levels for both residential and non-residential exposure scenarios for groundwater in the northern portion of the Site near TWMA, but not in the southern portion of the Site near TMW-2. Therefore, vapor intrusion appears to pose a potential risk to future residents and non-residential workers at the Site should a building be developed on the northern portion of the Site. ❑ Off -property source(s) Explanation: Click or tap here to enter text. ❑ Unknown source(s) Explanation: Click or tap here to enter text. ❑ Contaminants have not yet been documented at the property Explanation: Click or tap here to enter text. B. Contaminated Media Table. (If known or suspected, check appropriate boxes below:) Contaminant Types Chlorinated Solvents: Soil Groundwater ❑ Known ❑ Known ❑ Suspected ❑ Suspected Petroleum (i.e. ® Known BTEX, PAHs): ❑ Suspected Other ❑ Known VOCs/SVOCs: ❑ Suspected Surface Water ❑ Known ❑ Suspected Private Wells ❑ Known ❑ Suspected ® Known ❑ Known ❑ Known ❑ Suspected ❑ Suspected ❑ Suspected ❑ Known ❑ Known ❑ Known ❑ Suspected ❑ Suspected ❑ Suspected 3 Vapor Intrusion ❑ Known ❑ Suspected ❑ Known ❑ Suspected ❑ Known ❑ Suspected Contaminant Soil Groundwater Surface Types Water Metals: ® Known ❑ Known ❑ Known ❑ Suspected ❑ Suspected ❑ Suspected Mercury: ❑ Known ❑ Suspected ❑ Known ❑ Suspected Private Wells ❑ Known ❑ Suspected ❑ Known ❑ Known ❑ Suspected ❑ Suspected Vapor Intrusion ❑ Known ❑ Suspected C. Re ug latoryAgency 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 Went database, and/or Inactive Hazardous Sites Branch inventory numbers. (In many instances, the PD will need to actively seek out this information by reading environmental site assessment reports, reviewing government files, contacting government officials, and through the use of government databases, many of which may be available over the internet.) *To add additional items, select the + in the bottom right corner of the table. REGULATORY AGENCY FACILITY/INCIDENT NUMBER OTHER CHOOSE AN ITEM. III. PROPOSED REDEVELOPMENT Former Site tenants (Mustang Oil, Queen City Oil, Hydrastar, B&B Automotive, and Maaco Fleet Solutions) not identified on environmental databases or review for documents on the NC DEQ Laserfiche web -portal Click or tap here to enter text. A. What are the planned use(s) of the redeveloped brownfields property to which the PDwill commit? PROPOSED REUSE ® INDUSTRIAL N OFFICE ® PARKING DETAILS 'rior to proposed mixed -use redevelopment, the PD is .onsidering allowing a current tenant to continue light ndustrial operations within the Site building. k conceptual plan for future use of the Site has not yet )een developed but will potentilly include office ,pace. k conceptual plan for future use of the Site has not yet >een developed but will include parking for future .enants/residents. 4 M RETAIL M WAREHOUSING M COMMERCIAL M MULTI -FAMILY RESIDENTIAL i.e. condos & apartments; no single-family or townhomes ❑ RECREATIONAL ❑ INSTITUTIONAL ❑ OTHER A conceptual plan for future use of the Site has not yet been developed but will potentilly include commercial/retail use. A conceptual plan for future use of the Site has not yet been developed but will potentilly include warehouse use. A conceptual plan for future use of the Site has not yet been developed but will potentilly include commercial/retail use. A conceptual plan for future use of the Site has not yet been developed but will potentilly include mixed- use/multi-family redevelopment. Click or tap here to enter text. Click or tap here to eater text. Click or tap here to enter text. B. Check all of the public benefits that will result from the property's redevelopment. M JOB CREATION , M TAX BASE INCREASES ❑ PRESERVED I ❑ AFFORDABLE/ HISTORIC PLACES WORKFORCE HOUSING 1 ❑ RENEWABLE ❑ PUBLIC ENERGY HEALTH RISK REMEDIATION Describe any additional public benefits below: M REVITALIZATION ❑ PRESERVED i OF BLIGHTED AREAS # GREEN SPACE 1 ❑ ENVIRONMENTAL j M EXPANDED USE { CLEANUP ACTIVITIES OF PUBLIC TRANSPORTATION ❑ DIRECTED ❑ CONSERVATION RESOURCES j EASEMENT t The Site is located in the South End Municipal Services (South End) District of Charlotte and in close proximity the CATS Light Rail Line, which is located approximately 900 ft east of the Site. Multiple mixed -use commercial/residential projects have been constructed in the South End area and many are proposed along the CATS Light Rail Line making the subject Site significantly under-utilized relative to recently developed mixed -used BF projects and nearby commercial/industrial properties. The Site is ideally located within walking distance of the CATS Light Rail Line and a variety of properties used for recreational, office, dining, and retail. The redevelopment of the properties in this area will likely: 5 1) maintain and increase the tax base, including both an increase in property tax and taxes associated with possible additional employees and increased economic activity; 2) create additional construction opportunities to local contractors associated with Site improvements; 3) provide positive economic impact to the surrounding community and businesses; 4) provide for use of existing developed properties rather than "Greenfields" in an environmentally sensitive area; 5) potentially spur additional development in the area resulting in a larger local tax base.; and 6) invest in "Smart Growth" through use of land in an already developed urban area which avoids development outside the City limits and increases potential commuters utilizing public transportation including the CATS Light Rail Line. In gauging public benefit, NCBP places great value upon letters of support from community groups and local government that describe anticipated improvements in quality of life for neighboring communities that the project will bring about. The inclusion of such support letters with this application is recommended and encouragged) Special Note: Please describe all environment -friendly technologies and designs PD plans to utilize in its redevelopment strategy. For example, environment friendly redevelopment plans could include: Leadership in Energy and Environmental Design (LEED) Certification, green building materials; green landscaping techniques such as using drought resistant plants; energy efficient designs, materials, appliances, machinery, etc.; renewable sources of energy, and/or recycling/reuse of old building materials such as brick or wood. The PD is committed to environmentally -friendly technologies, and will consider them as part of this development effort. As the plans for redevelopment are preliminary, no firm decisions have been made at this time. IV. SITE MEETS STATUTORY BROWNFIELDS DEFINITION (§NCGS.130A-310.31.b Definition of a "Brownfields Property" or "Brownfields Site') A. Is the property abandoned, idled, or underused? Is future redevelopment hindered at the property? Explain: The Site is currently vacant and under-utilized and is located within an economically challenged area of South End. The proposed mixed use redevelopment at the Site will provide a significant public benefit to the surrounding community. B. Location Man: PD must provide a copy of the relevant portion of the 1:24,000 scale U.S.G.S. topographic quadrangle map that shows the location of the property, clearly plotted, and that measures at least an 8 '/2 by 11 inches. (Note: these maps can be purchased through the above link, or often through retail outdoor recreation stores that can print out the relevant map. Often environmental reports have location maps that use this type of map format as the base for its location map.) Is the required location map included with this application? N Yes C. Survey Plat: PD must provide a preliminary survey plat of the property with the Proposed Brownfields Property boundaries clearly identified. At this stage of the brownfields process, one or more existing survey plats from a previous property conveyance will suffice. (Before the brownfrelds 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 survev plat guidance.) Is the required preliminary survey plat included with this application? ® Yes D. Legal Description: PD must provide a legal description with metes and bounds that matches the Proposed Brownfields Property description on the plat. Is the required preliminary legal description included with this application? ® Yes E. Site Photographs: PD must provide at least one pre -redevelopment photograph of the property, in electronic format, that shows existing facilities and structures. Electronic copies of photographs should be emailed to: Shirley.Ligginsla.ncdeur.gov with a clear indication as to which Brownfields Application they apply to. Have electronic copies of the photographs been emailed to NCBP? ® Yes F. Environmental Reports/Data: If it makes an affirmative eligibility determination, the NCBP will request that PD provide any and all existing environmental reports and data for the property'in electronic format. The brownfields process may be expedited if PD submits such reports/data with this application. Are any environmental reports/data being submitted with this application? ® Yes Please provide the title, date and author of each item being submitted: *To add additional items, select the + in the bottom right corner of the table. Environmental Reports Report Prepared by Date Phase I ESA — 2217 S. Tryon St. Hart & Hickman, PC September 24, 2020 Phase II ESA — 2217 S. Tryon St. Hart & Hickman, PC November 9, 2020 V. PD APPLICANT MEETS STATUTORY DEFINTION OF PROSPECTIVE DEVELOPER (§NCGS.130A-310.31. b Definition of a "Prospective Developer') A. Information regarding all parent companies, subsidiaries or other affiliates of PD (attach separate sheet(s) if necessary): CHOOSE AN ITFM. CLICK OI2 TAP HERD. TO ENTER TEXT. NAME FHN Holdings, LLC PERCENT OF N/A (Manager of PD) OWNERSHIP MAILING ADDRESS 300 W. Summit Ave, Suite 250 7 EMAIL ADDRESS I jfreeman@providencegroup.com PHONE NUMBER 704-904-0713 FAX NUMBER N/A B. Managers of manager -managed LLCs are required to execute all brownfield documents for the LLC; as to member -managed LLCs, state name of member who will sign these documents. FHN Holdings, LLC is the Manager of PD. Members/Managers of FHN Holdings, LLC are: Eric Nichols, Garland Hughes, James Freeman, Duncan Lewison C. List all parent companies, subsidiaries and other affiliates: PROPERTY OWNERSHIP ❑ PD OWNS PROPERTY ® PD DOES NOT OWN DATE OF PURCHASE Click or tap to enter a date. CURRENT PROPERTY OWNER INFORMATION PROPERTY NAME Gus and Chrisoula Kanos ADDRESS 3112 Sunnybrook Drive, Charlotte, NC 28210 PHONE NUMBER Click or tap here to enter text. ® PD HAS PROPERTY UNDER CONTRACT ❑ PD DOES NOT OWN OR HAVE THE PROPERTY UNDER CONTRACT EMAIL ADDRESS Click or tap here to enter text. DATE OF CONTRACT JQ to add Choose an item. If other, explain:Click or tap here to enter text. D. Describe all activities that have taken place on the property since PD or PD's parents, subsidiaries and/or other affiliates, and/or lessees or sublessees of PD, took ownership of or operated at the property (e.g., industrial, manufacturing or commercial activities, etc.). (Include a list of all regulated substances as defined at NCGS § 130A-310.31 (b)(11) that have been used, stored on, or otherwise present at the property while those activities were conducted, and explain how they were used.) As noted previously in Section II A, the subject Site is currently vacant but was most recently occupied by the tenant Maaco Fleet Services who recently vacated the property. H&H completed Phase I ESA and Phase II ESA soil and groundwater sampling activities on the property in 2020. E. Brownfields Affidavit: PD must provide its certification, in the form of a signed and notarized original of the unmodified model brownfields affidavit provided by NCBP, that it did not cause or contribute to contamination at the property and that it meets all other statutory eligibility requirements. (Note: The form to use for this affidavit is attached to this application. An original hard copy of this affidavit must be filled out, signed, notarized and submitted with this application.) Is the required affidavit, as described above, included with this application? X Yes F. PD Entity is registered with the North Carolina Secretary of State office. ® Yes 0 VI. PD APPLICANT'S STATUTORY DEMONSTRATIONS/ADMINSITRATIVE REQUIREMENTS (§NCGS.130A-310.32(a) regarding demonstrations made by prospective developer.) A. Current tax value of brownfields property: $2,177,400 (based on the total Mecklenburg Co. tax value of Parcel B. Estimated capital investment in redevelopmentproject: $ 10,000.000 C. Does PD have or can it obtain the financial means to fully implement a Brownfields Agreement and assure the safe reuse of the property? Submit, in hard copy under a separate cover, supporting documentation such as letters of credit, financial statements, etc. The PD is an established company with significant experience in redeveloping properties, including contaminated property. The PD is applying for the Brownfields Agreement as part of its risk management strategy for redeveloping of the property. The PD understands that its application for (and eventual execution of) a Brownfields Agreement will be required to obtain financing for the redevelopment. The financing of the redevelopment will provide the financial means to implement the Brownfields Agreement. D. Does PD have or can it obtain the managerial means to fully implement a Brownfields Agreement and assure the safe use of the property? The PD is an established company with significant experience in redeveloping properties, including contaminated property. The PD is applying for the Brownfields Agreement as part of its risk management strategy for redeveloping of the property. The PD understands that its application for (and eventual execution of) a Brownfields Agreement will be required to obtain financing for the redevelopment. The financing of the redevelopment will provide the financial means to implement the Brownfields Agreement.. E. Does PD have or can it obtain the technical means to fully implement a Brownfields Agreement and assure the safe use of the property? The PD is an established company with significant experience in redeveloping properties, including contaminated property. The PD is applying for the Brownfields Agreement as part of its risk management strategy for redeveloping of the property. The PD understands that its application for (and eventual execution of) a Brownfields Agreement will be required to obtain financing for the redevelopment. The financing of the redevelopment will provide the financial means to implement the Brownfields Agreement. F. Does PD commit that it will comply with all applicable procedural requirements of the NCBP, including prompt paymentof all statutorily required fees? ® Yes E G. Has PD complied, if PD has had a prior project in the NCBP, with all applicable procedural requirements of the NCBP, including prompt paymentof all statutorily required fees? *To add additional items, select the + in the bottom right corner of the table. PREVIOUS BROWNFIELDS PROJECTS NCBP PRID OJECT NCBP PROJECT NAME 24008-20-060 1 Selles Bagwell Property VII. FEES PD ENTITY NAME FHN 2301 South Tryon, LLC c/o Providence Capital BROWNFIELDS PROJECT MANAGER Mr. Eric Nichols To produce a Brownfields Agreement, the Act requires that the developer pay fees to offset the cost to the Department of Environmental Quality and the Department of Justice. In satisfaction of the Act, the following fees apply to a Brownfields Agreement, subject to negotiation of the Brownfields Agreement. There is a Standard Fee Option and a "Redevelopment Now" Fee Option. For more details, see our website, www.ncbrownfields.or. Select one of the following fee options below: The Standard Fee Option a. $2,000 initial fee will be due from the applicant PD when both of the following occur: 1) NCBP receives this application and affidavit; AND, 2) NCBP notifies the applicant in writing that the applicant PD and the project are eligible for participation in the NCBP and continued negotiation of a Brownfields Agreement. b. A second fee of $6,000 will be due from the PD prior to execution of the Brownfields Agreement. Should the Prospective Developer choose to negotiate changes to the agreement that necessitate evaluation by the Department of Justice, additional fees shall apply. ® Please check this box and initial below to indicate your application is under the Standard Brownfields fee structure. Fee will be invoiced. ECN 1" 12/29/2020 10 Initial Date of Submittal The Redevelopment Now Fee Option a. A $30,000 fee due with this application (fully refunded if not found to eligible). b. A Signed Fee Consent Document. ❑ Please check this box and initial below to indicate your application is under the Redevelopment Now Program Option and your acknowledgement of the alternate fee structure as outlined in the Redevelopment Now Fee Consent Document. Fee should be submitted with this application. Click or tap here to enter text. Click or tap to enter a date. Initial Date of Submittal Other Potential Fees to be aware of in satisfaction of the statute: c. Any addendum/modifications to the BFA or NBP after they are in effect will result in an additional fee of at least $1,000 for defraying costs to DEQ for addendum/modification. d. In the unexpected event that the environmental conditions at the property are unusually complex, such that NCBP's costs will clearly exceed the above amounts, NCBP and PD will negotiate additional fees as appropriate. North Carolina Brownfields Program Redevelopment Now Fee Consent Document I, the undersigned, am the authorized agent of N/A ("Prospective Developer"), who seeks to engage the North Carolina Brownfields Program ("Program") to develop a Brownfields Agreement under N.C.G.S. 130A-310.30, et seq. for the following property: Historic Site Name: Former Queen City Oil/Mustang Oil Property Street Address: 2217 S. Tryon St. City: Charlotte Zip Code: 28203 County: Mecklenburg Prospective Developer is herewith paying a $30,000.00 fee to the Program, by check payable to "NCDEQ," in satisfaction of a Prospective Developer's obligations under N.C.G.S. 130A-310.39(a). Prospective Developer understands that payment of this fee entitles Prospective Developer to expedited Program review of technical documents and processing of a draft Brownfields Agreement and ancillary documents regarding the project in question. Prospective Developer further understands that payment of this fee in no way guarantees successful completion of the Brownfields process regarding the project. 11 I understand that, pursuant to payment of the fees, the Program shall handle the subject project under the Program's expedited processing provisions, with appropriate staff resources, so long as Prospective Developer is engaging in the process in good faith and complying with the Program's procedures. Should the Program determine that the resources required to complete the brownfields process in regard to the subject project ever exceed the fee set forth herein due to unforeseen technical, administrative, or regulatory complexities, the Program may (1) remove the project from the expedited processing program and return it to standard processing status, or (2) expend resources it deems reasonable seeking to negotiate an additional fee that the Program deems sufficient to complete the Brownfields process in regard to the project. Disclaimers: 1) The Program makes no promises or claims that payment of the subject fee will result in successful completion of the Brownfields process regarding this project. 2) Public comment shall be solicited pursuant to N.C.G.S. 130A-310.34, and may affect the outcome of the Brownfields process regarding this project, including without limitation its timing and/or provisions/features of the Brownfields documents and plat. Prospective Developer: FHN Holdings, LLC c/o Providence Group Capital Maili A dress: 300 W. S it Avenue — Suite 250 Charlotte, NC 28203 B .11121)20 Name typed or printed: tic Nichols Date Click or tap here to enter text. Title typed or printed: Principal NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY NORTH CAROLINA BROWNFIELDS PROGRAM IN THE MATTER OF: FHN Holdings, LLC c/o Providence Group Capital UNDER THE AUTHORITY OF ) AFFIDAVIT NORTH CAROLINA GENERAL ) RE:RESPONSIBILITY STATUTES:) 130A-310.30, et. seq. ) AND COMPLIANCE Eric Nichols, being duly sworn, hereby deposes and says: 1. I am Sr. Associate of FHN Holdings, LLC c/o Providence Group Capital 2. I am fully authorized to make the declarations contained herein and to legally bind FHN Holdings, LLC c/o Providence Group Capital 3. FHN Holdings, LLC c/o Providence Group Capital 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 12104401 parcel(s) in Charlotte, Mecklenburg, County, North Carolina: 2217 S. Tryon St. 4. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that FHN Holdings, LLC c/o Providence Group Capital, and any parent, subsidiary or other affiliate meets the eligibility requirements of N.C.G.S. 3 130A-310.3I (b)(10), in that it has a bona fide, 12 demonstrable desire to develop or redevelop, and did not cause or contribute to the contamination at, the parcel(s) cited in the preceding paragraph. 5. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that FHN Holdings, LLC c/o Providence Group Capital 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; aiAMrnin ral and st ws, regulations and rules for the protection of the . Affi furth with not. 12��1Zo ed me c ichols Date Click or tap here to enter text. Sworn to and subscribed before me 11Q( this day of lm -w , 20'1-0. L&MA4�ka� Notary Public My comm ss on ex f 0i v -I % ),� (SEAL) Y �� OJ Notary Public V Mecklenburg County My C mm. Exp. u 4 Wkd 13 Location Map APPROXIMATE 0 2000 4000 N SCALE IN FEET U.S.G.S. QUADRANGLE MAP CHARLOTTE EAST, NORTH CAROLINA 1991 QUADRANGLE 7.5 MINUTE SERIES (TOPOGRAPHIC) TITLE SITE LOCATION MAP PROJECT MAACO FLEET SOLUTIONS 2217 S. TRYON STREET CHARLOTTE. NORTH CAROLINA hart : h i c k m a n 2923 South Tryon Street -Suite 10C Charlotte, North Carolina 28203 SMARTER ENVIRONMENTAL SOLUTIONS 704-586-0007 (p) 704586-0373 (0 DATE: 9-24-20 JOB NO: PRO-014 REVISION NO: 0 FIGURE Survey Plat Polaris 3G Map — Mecklenburg County, North Carolina 2217 S. Tryon Street Date Printed: 1 /2 2/2021 6:27:47 PM Legal Descriptions B28264 - P241 FOR REGISTRATION J. David Granberry REGISTER OF DEEDS Mecklenbury County NC 2613 APR 23 03:11:47 PM 0K:2FEE4S26.001-242 EXCISE TAX: 11 700.00 INSTRUMENTPHETSL{3061226 2013061226 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $1,700.00 Parcel Identifier No. 121-044-01 Verified by County on the day of __, 20__ . By: Mail/Box to: Grantee: 3112 Sunnybrook Drive, Charlotte NC 28210 This instrument was prepared by: Geoffrey C. Hemenway Brief description for the Index: 1.138 acres. South Tryon Street THIS DEED made this 23rd day of April, 2013, by and between GRANTOR GRANTEE B&B Holdings, Inc. I Gus Kanos and wife, Chrisoula Kanos Mailing Address: 3112 Sunnybrook Drive Charlotte, NC 28210 PO Box 220254 Property Address: Charlotte NC 28222 2217 South Tryon Street Charlotte NC 28203-4959 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. W ITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt ofwhich is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Charlotte, _ Township, Mecklenbure County, North Carolina and more particularly described as follows: BEGINNING at a point in the northerly margin of the right-of-way of Dunavant Street (50' Public right-of-way) near the Northeasterly intersection of South Tryon Street Extension and Dunavant Street; thence with the northerly margin of the right-of-way of Dunavant Street South 44-00 East 57.49 feet to an iron stake North 46- 03-10 East 308.31 feet (running partially with a westerly line of Ranger Company, now or formerly as recorded in Book 3714, Page 486 of the Mecklenburg County Public Registry) to a point located in the northerly margin of an abandoned Southern Railway Company spur track right-of-way (see instrument recorded in Book 277, Page 330 aforesaid Registry); thence with said northerly margin of the abandoned spur track right-of-way North 44- 04-50 West 22.00 feet to apoinh thence South 81-32-50 East 9.03 feet to a point located in the southerly margin of the right-of-way of Rampart Street (50' public right-of-way); thence with the Southerly margin of the right-of- way of Rampart Street with the arc of a circular curve to the right having a radius of 290.35 feet, an arc distance of 16.96 feet to another point located in the southerly margin of the right-of-way of Rampart Street thence with said margin of Rampart Street North 44-04-35 West 182.16 feet to a point; thence with the are of a circular curve to the left, which circle has a radius of 30 feet, an are distance of 66.82 feet to a point located in the easterly margin of the right-of-way of South Tryon Street; thence with the easterly margin of the right-of-way of said South Tryon Street in two calls as follows: (1) South 08-18-15 West 93.55 feet to a point; (2) with the arc of a circular curve to the right having a radius of 966.40 feet, an arc distance of 216.82 feet to a point; thence with the arc of a circular curve to the left having a radius of 32 feet, an are distance of 11.90 feet to the point or place of BEGINNING and contianing a total of 1.138 acres as shown on survey prepared by R.B. Pharr & Associates, PA, Registered Surveyors, dated January 07, 1986. NC Bar Association Form No. 3 © 1976, Revised © 1977, 2002 Printed by Agreement with the NC Bar Association - 1981 - Chicago Title Insurance Company B28264 - P242 The property hereinabove described was acquired by Grantor by instrument recorded in Book 18347, page 375. A map showing the above described property is recorded in Map Book _, Page _. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: 2013 Ad Valorem Taxes and subsequent years. Conditions, Restrictions, Covenants, Rights of Way and Easements of record. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. B & B HOLDINGS, INC. (Entity Name) y JaInes K. Brown (SEAL.) Title: President §� ��. .pTARY By: (SEAL) Titic: PUE300 By: ...... • (SEAL) Tide: SEAL -STAMP State of North Carolina — County of 1, the undersigned Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this day of , 20— My Commission Expires: Notary Public SEAL -STAMP State of North Carolina - County of Mecklenbur¢ 1, Geoffrey Hemenway, the undersigned Notary Public ofthe County and State aforesaid, certify that James K. Brown personally came before me this day and acknowledged that he is the President of B & B Holdings. Inc., a North Carolina or corporationd invited (strike through the inapplicable), and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this 23rd day of Aori1, 2013. N / / � / My Commission Expires: K_�/JC' i September 04. 2015 Notary SEAL -STAMP State of North Carolina - County of 1, the undersigned Notary Public of the County and State aforesaid, certify that Witness my hand and Notarial stamp or seal, this day of 20— My Commission Expires: Notary Public The foregoing Certificate(s) of is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. Register of Deeds for County By; Deputy/Assistant -Register of Deeds NC Bar Association Form No. 3 © 1976, Revised © 1977, 2002 Printed by Agreement with the NC Bar Association — 1981 - Chicago Title Insurance Company Site Photographs (see Phase I ESA Report) Environmental Reports/Data Environmental Report! Phase I ESA — 2217 S. T on St. I Hart &_Hickman, PC September 24, 2020 Phase II ESA - 2217 S. Tryon St. Hart 4& Hickman, PC November 9, 2020