23052 Southern Steel Email_PC Pkg

From:Minnich, Carolyn
To:Trent Haston; Travis Thomas; Chris S. Walker - Alexander Ricks PLLC ([e-mail]); "BoCappleman"; Laura Truesdale
Cc:michael scott; Lorscheider, Ellen; Nicholson, Bruce; Wahl, Tracy; Leonard, Laura; Samuel Watson
([e-mail]); Liggins, Shirley; Day, Collin ([e-mail]); Jesneck, Charlotte; Tatum,
Katie; Macdonald, Janet K; Channell, Ryan; Caldwell, Shawna W. ([e-mail])
Subject:23052 Approval to Public Comment Southern Steel Brownfields Property
Date:Tuesday, March 23, 2021 10:04:00 AM
Attachments:23052_Southern Steel_SNI 2021.03.11.pdf23052_Southern Steel NI 2021.02.11.pdf23052 Southern Steel PC Pkg 2021.03.23.pdf
Dear Mr. Haston:
Based on acceptance by the Prospective Developer of drafts of all four required brownfieldsdocuments -- the Notice of Intent to Redevelop a Brownfields Property (NI), Summary of Notice ofIntent to Redevelop a Brownfields Property (SNI), Notice of Brownfields Property (NBP) and theBrownfields Agreement (Exhibit A to the NBP) -- and DEQ's approval of the plat component of the
NBP, Prospective Developer may now proceed to the tasks required by NCGS § 130.310.34(a) inconnection with the required public notice and comment period of at least 30 days regarding thesubject brownfields project. Those tasks are as follows:
1. Publish the approved SNI in a newspaper of general circulation serving the area in which thebrownfields property is located;
2. Conspicuously post a copy of the SNI at the Brownfields Property;
3. Mail or deliver the SNI to each owner of property contiguous to the Brownfields Property;
4. Provide a copy of the full NI, consisting of the one-page NI and the NBP with its three exhibits(Exhibit A, the Brownfields Agreement with its Exhibit 1, Exhibit 2 if used, and Exhibit 3 if used;Exhibit B, the survey plat, and Exhibit C, the legal description), to all local governments havingjurisdiction over the Brownfields Property.
Pursuant to NCGS § 130.310.34.(b), the public comment period shall begin the day followingcompletion of the above public notice tasks. The date by which you have represented to theBrownfields Program that the last of the above tasks will be complete is April 2, 2021. The NIand SNI, with this date filled in, are attached hereto for public notice purposes. The comment
period shall not end any sooner than 30 days after you complete the public notice tasks, or 30 daysafter this published date, whichever is later.
NCGS § 130.310.34(b) also requires the Prospective Developer to submit documentation of the
public notices to DEQ prior to DEQ entering into a Brownfields Agreement. That documentationshall be submitted by promptly providing to me, preferably at [e-mail] or atBrownfields Program, 1646 Mail Service Center, Raleigh, NC 27699-1646, the following:
· Affidavit of publication of the SNI from the newspaper or a copy of the SNI published in
the newspaper which shows the name of the newspaper and the date of publication;
· Photos of the SNI posted at the site, one close up to show the wording and one far enough to
show the posting location relative to the property;
· Copies of the cover letters and copies of the mailing receipts stamped by the post office or
copies of the delivery service receipts for the SNI sent to contiguous property owners; and
· A letter confirming receipt of the full NI from each local government entity or delivery
confirmation from the carrier confirming such receipt by these entities.
Thank you for your attention to these matters. If you have any questions or require additional
information, you may contact me.
CFM

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Property Owner: Wilkinson Steel Yard, LLC
Recorded in Book _________, Page __________ Associated plat recorded in Plat Book ________, Page _______ NOTICE OF BROWNFIELDS PROPERTY Brownfields Property Name: Southern Steel Brownfields Project Number: 23052-19-060
This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat component, have been filed this _____ day of __________________, 202__ by Wilkinson Steel Yard, LLC (“Prospective Developer”). This Notice concerns contaminated property.
A copy of this Notice certified by the North Carolina Department of Environmental Quality (“DEQ”) is required to be filed in the Register of Deeds’ Office in the county or counties in which the land is located, pursuant to North Carolina General Statutes (“NCGS”), § 130A-310.35(b).
This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate the danger to public health or the environment posed by environmental contamination at a property (“Brownfields Property”) being addressed under the Brownfields Property Reuse Act of 1997, NCGS § 130A, Article 9, Part 5 (“Act”).
Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified copy of this Notice within 15 days of Prospective Developer’s receipt of DEQ’s approval of the Notice or Prospective Developer’s entry into the Brownfields Agreement required by the Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the
grantor index under the names of the owners of the land and, if Prospective Developer is not the owner, also under the Prospective Developer’s name. The Brownfields Property is located at 3015 Wilkinson Boulevard, Charlotte, Mecklenburg
County. Currently, the Brownfields Property is vacant and all structures have been demolished. Historical operations on the Brownfields Property include structural steel fabrication, steel storage, and warehousing of steel. Operations at the Southern Steel Facility began as early as 1911 and all

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operations ceased and all buildings and foundations were removed by 2014. Wilkinson Steel Yard,
LLC intends to redevelop the Brownfields Property for no uses other than industrial, office, warehousing, brewery or food production facility, retail, restaurant, parking and subject to DEQ’s prior written approval, high density residential and other commercial uses. The short term redevelopment is warehousing and industrial use. Soil and groundwater are contaminated at the
Brownfields Property due to historical operations conducted thereon and/or in the surrounding
area. The Brownfields Agreement between Prospective Developer and DEQ is attached hereto as Exhibit A. It is required by NCGS § 130A-310.32 and 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. The Brownfields Agreement’s Exhibit 2 consists of one or more data tables reflecting the concentrations of and other information regarding the Brownfields Property’s regulated substances and contaminants.
Attached as Exhibit B to this Notice is a reduction, to 8.5 inches x 11 inches, of the survey
plat component of this Notice. This plat shows areas designated by DEQ, has been prepared and certified by a professional land surveyor, meets the requirements of NCGS § 47-30, and complies with NCGS § 130A-310.35(a)’s requirement that the Notice identify:
(1) The location and dimensions of the areas of potential environmental concern with
respect to permanently surveyed benchmarks.
(2) The type, location and quantity of regulated substances and contaminants known to exist on the Brownfields Property.
Attached hereto as Exhibit C is a legal description of the Brownfields Property that would
be sufficient as a description of the property in an instrument of conveyance. LAND USE RESTRICTIONS
NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the
current and future use of the Brownfields Property that are necessary or useful to maintain the level of protection appropriate for the designated current or future use of the Brownfields Property and that are designated in the Brownfields Agreement. The restrictions shall remain in force in perpetuity unless canceled by the Secretary of DEQ (or its successor in function), or his/her designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e). All references to DEQ shall be understood to include any successor in function. The land use restrictions below have been excerpted verbatim from paragraph 14 of the Brownfields Agreement, and all subparagraph letters/numbers are the same as those used in the Brownfields Agreement. The following land use restrictions are hereby imposed on the Brownfields Property:

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a. No use may be made of the Brownfields Property other than for industrial,
office, warehousing, brewery or food production facility, retail, restaurant, parking and subject to DEQ’s prior written approval, high density residential and other commercial uses. For purposes of this restriction, the following definitions apply: i. Industrial is defined as the assembly, fabrication, processing,
warehousing, or distribution of goods or materials, and can include flex parks, and research and
development uses. ii. Office is defined as a place where business or professional services are provided. iii. Warehousing is defined as 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 or establishments in a particular type of industry or commercial activity. iv. Brewery or Food Production Facility is defined as an establishment for
the manufacture, sale and/or distribution of beverages or food products, including without
limitation beer and ale, together with associated public roadways and related infrastructure. v. Retail is defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service, farmer’s markets, food festivals, and the sales of food and beverage products, including from
mobile establishments such as food trucks.
vi. Restaurant is defined as a commercial business establishment that prepares and serves food and/or beverages, including alcoholic beverages under all applicable local, state, and federal regulations, to patrons. vii. High-Density Residential is defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is usable by all residents and not privately owned as part of a particular unit (e.g., privately-owned courtyards are prohibited), and may include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages. Single family homes are
prohibited; townhomes, duplexes or other units with yards are prohibited unless approved in
writing by DEQ in advance. viii. Parking is defined as the temporary accommodation of motor vehicles in an area designed for same. ix. Commercial is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. The Brownfields Property may not be used for high density residential use nor for child care, adult care centers, or schools 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 Environmental Management Plan (“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

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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 to this Agreement; 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 and DEQ approval of both fill soil before import to the Brownfields Property and the disposition of excavated soil during redevelopment.
d. No later than January 31 after each one-year anniversary of the effective date of
this Agreement for as long as physical redevelopment of the Brownfields Property continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval on environment-related activities since the last report, with a summary and drawings,
that describes:
i. actions taken on the Brownfields Property in accordance with Section VI: 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). e. Groundwater and surface water at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ along with any measures DEQ deems necessary to ensure that the Brownfields Property will be suitable for the uses specified in
subparagraph 14.a above while fully protecting public health and the environment. Should
groundwater be encountered or exposed during any activity on the Brownfields Property, it shall be managed in accordance with the DEQ-approved EMP outlined in subparagraph 14.c, or a plan approved in writing in advance by DEQ.
f. 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 14.a above while fully protecting public health and the environment, except:

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i. in connection with landscape planting to depths not exceeding 24 inches
or if required, to the depth of a geotextile or other barrier approved in writing in advance by DEQ; ii. mowing and pruning of above-ground vegetation; iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken; and iv. in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined in subparagraph 14.c.

g. The owner(s) of the portion of the Brownfields Property demarcated and labeled “Area 1” on the plat component of the Notice referenced in paragraph 18 below shall be responsible for maintaining a minimum two feet of demonstrable clean fill, asphalt cap, or other suitable covering over the area as approved in writing in advance by DEQ. Any disturbance of
soil within “Area 1” shall be pre-approved in writing by the DEQ Brownfields Program and is
subject to the EMP outlined above in subparagraph 14.c. h. No use of the Brownfields Property for the uses listed in subparagraph 14.a above may occur until the then owner of the Brownfields Property conducts representative final
grade soil sampling, pursuant to a plan approved in writing by DEQ, of any area that is not
covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways, unless otherwise approved in writing by DEQ in advance. i. 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 18 below, may be occupied until DEQ determines in writing that: i. the building is or would be protective of the building’s users and public health from the risk of vapor intrusion based on site assessment data, or a site-specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been: 1. designed to mitigate vapors for subgrade building features in accordance with the most recent and applicable DWM Vapor Intrusion Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American National Standards Institute
(ANSI)/American Association of Radon Scientists and Technologists (AARST) standards, and
that said design shall fully protect public health to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s professional seal, and shall include a performance monitoring plan detailing methodologies and schedule, both of which are subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes details on any deviations from the system design, as-built diagrams, photographs, and a description of the installation with said engineer’s professional seal confirming that the system was installed per the DEQ-approved design and will be protective of public health.

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j. 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.
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. 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 XVII (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 paragraph: (i) If every lease and/or 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 paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XVII (Notices 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 XVII. 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 amounts for cleaning and other routine housekeeping and maintenance activities;
ii. as constituents of fuels, lubricants or other fluids customarily used
in machinery, 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 warehousing, office, retail, restaurant, brewery or food production facility, and high
density residential 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

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removed from the Brownfields Property in the original packaging or containers.
n. During January of each year after the year in which the Notice referenced below in paragraph 18 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. If the property is transferred, the grantor shall submit a LURU (as outlined above) which covers the period of time they owned the property.
The submitted LURU shall state the following:
i. the name, mailing address, telephone number, and contact person’s e-mail address of the owner, or board, association or approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a joint LURU is submitted, acquired any part of the Brownfields Property during the previous calendar year;
ii. the transferee’s name, mailing address, telephone number, and contact
person’s e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year;
iii. whether any soil caps or other suitable coverings installed pursuant to subparagraph 14.g above in “Area 1” are being maintained such that they are intact, uncompromised, in good condition and continuing to serve as barriers to the soil contamination in relation to which they were installed;
iv. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 14.i above are performing as designed, and whether the uses of the ground floors, including any tenant renovations, of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how, and under which precautions so as not to interfere with the operation of said system; and
v. A LURU submitted for rental units shall include enough of each lease entered into during the previous calendar year to demonstrate compliance with lessee notification requirements in paragraphs 14.l and 19 of this agreement provided that if abstracts of leases are sent, rather than full copies of leases, or standard form leases or riders are used in every instance, a copy of such abstract, standard form lease, or rider may be sent in lieu of copies of actual
leases. For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ Brownfields Property Management Unit referenced in subparagraph 33.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 §

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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__.
Wilkinson Steel Yard, LLC
By: TAH Holdings, LLC, its manager By: __________________________________________ Trent Haston
Manager
NORTH CAROLINA _______________ COUNTY I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated: ________________________________.
Date: ___________________ ___________________________________ Official Signature of Notary
___________________________________
(Official Seal) Notary’s printed or typed name, Notary Public My commission expires: _____________________

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************************************
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: Wilkinson Steel Yard, LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re: BROWNFIELDS PROPERTY REUSE ACT ) Southern Steel OF 1997, NCGS § 130A-310.30, et seq. ) 3015 Wilkinson Blvd.
Brownfields Project No. 23052-19-060 ) Charlotte, Mecklenburg County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and Wilkinson Steel Yard, 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 3015 Wilkinson Boulevard, 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.
Wilkinson Steel Yard, LLC is a North Carolina limited liability company formed on
October 2, 2019. Its registered agent is Trent Haston and the principal office is located at 2000
W. Morehead Street, Suite C, Charlotte, North Carolina 28208.
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 X (Certification), Section XI (DEQ’s Covenant Not to Sue and
Reservation of Rights) and Section XII (Prospective Developer’s Covenant Not to Sue), the
potential liability of Wilkinson Steel Yard, LLC for contaminants at the Brownfields Property.
The Parties agree that Wilkinson Steel Yard, LLC’s entry into this Agreement, and the

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actions undertaken by Wilkinson Steel Yard, LLC in accordance with the Agreement, do not
constitute an admission of any liability by Wilkinson Steel Yard, LLC for contaminants at the
Brownfields Property. The resolution of this potential liability, in exchange for the benefit
Wilkinson Steel Yard, 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 Wilkinson Steel Yard, LLC.
III. BROWNFIELDS PROPERTY INFORMATION SUMMARY
3. Relevant information about the history, ownership, and uses of the Brownfields
Property is provided in the following summary table. Refer to the Exhibit 2 to this Agreement
that presents data table(s) of the contaminants present at the Brownfields Property at
concentrations above their applicable standards or screening levels for each media sampled.
BROWNFIELDS PROPERTY INFORMATION SUMMARY
Parcel Address(es) & Parcel
IDs
3015 Wilkinson Boulevard
Tax Parcel Id No. 11701118
Acreage 5.1849 acres Current Property Owner Wilkinson Steel Yard, LLC
Current Land Use(s) Vacant
Site Vicinity Land Use(s) Industrial, commercial, and retail
Proposed Reuse(s) Industrial, office, warehousing, brewery or food production facility, retail, restaurant, high density residential, parking & commercial uses
Public Benefits of Reuse Jobs: construction and permanent jobs

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BROWNFIELDS PROPERTY INFORMATION SUMMARY Tax: boost to tax base and provide aesthetic improvements in the surrounding area Existing Land Use Restrictions Prior to Brownfields Agreement None

ENVIRONMENTAL INFORMATION SUMMARY
Historical Operations & Contaminant Sources
Developed in 1911 for industrial use as the Southern Steel
facility (“Southern Steel”) and operated as a steel fabrication
facility until 2002. Operations included structural steel fabrication, storage, and warehousing of steel. The facility comprised six buildings, containing a total of approximately 167,000 sq. ft, located on 10.9 acres of land.
In the mid-2000s, the former Southern Steel Property was divided into several parcels. The Brownfields Property is 5.1849 acres of the 10.9-acre original parcel. Former owners included: Southern Engineering Co., Southern
Steel, Inc., Southern Steel Company, LLC, and Wilkinson Holdings I, LLC. Lewith Wilson Machinery Corp. and Carolina Rebar Inc. are identified in historical city directories, but it is unclear if these companies were owners of the Brownfields Property.
Environmental Reports identified the following contaminant source areas: transformer oil releases from two known incidents (#s: 91069 and 91127), an underground storage tank, a septic tank, a transformer oil release, an air
compressor condensate release to storm sewer, a paint storage building, and former structural steel fabrication areas. Sampling in these areas identified various metals in soil and groundwater.
From December 1994 through November 1995, approximately 2,056 tons of soil were excavated from numerous areas on the former Southern Steel facility and transported off-site as hazardous and non-hazardous waste.
In late 2019, additional soil samples were collected for soil characterization and to assess site conditions for proposed grading activities. Fifteen composite soil samples were

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ENVIRONMENTAL INFORMATION SUMMARY collected from a depth of 0-4 feet and analyzed for Resource Conservation and Recovery Act (RCRA) metals by the Toxicity Characteristic Leaching Procedure (TCLP). Lead
was detected in the leachate of four of the composite soil
samples at concentrations above 5 mg/L.
Current Operations/Activities
In the early 2010s, the buildings were demolished, and
foundations were removed in 2014. As of 2014, the Brownfields Property remains undeveloped and vacant land.
Contaminated Media
Soil: The contaminants of concern are lead, chromium, cobalt, and polynuclear aromatic hydrocarbons (PAHs), which were detected at concentrations that exceed IHSB Preliminary Soil Remediation Goals (PSRGs) for residential
use. Arsenic and manganese concentrations were detected above standards but are likely naturally occurring and consistent with concentrations detected in the Charlotte Area.
Groundwater: Various metals have been detected at
concentrations in groundwater above the North Carolina Administrative Code Title 15A Subchapter 2L (“2L Standards”).
ID Numbers/Permits
AST Incident No 91069 AST Incident No.91127 Facility No NCD003152501 Conditionally Exempt Small Quantity Generator of hazardous waste in 2005
Onsite Receptors Considered Construction workers, on-site workers, future residents, visitors, animals (dog park), and trespassers
Potential Offsite Receptors
Considered
In the southwest corner of Brownfields Property, an unnamed tributary of Irwin Creek is shown on some maps within the county and not on others. This area is within Mecklenburg
County stream buffers that can limit redevelopment. No
surface water samples were collected during the Brownfields assessment activities.
Potential offsite migration
pathways
Groundwater: Two industrial process wells were identified adjacent to the Brownfields Property, located southwest approximately 725-1000 ft. cross gradient. Reportedly, the wells are used for fire suppression and industrial process
water at Southern Metals Company. Shallow soil metals
contamination at the Brownfields Property is not likely to impact the groundwater usage by the industrial water supply wells at 2200 Donald Ross Road.

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4. Environmental reports regarding the Brownfields Property referred to hereinafter as
the “Environmental Reports,” include, but are not limited to:
a. Those that the Prospective Developer obtained or commissioned regarding the
Brownfields Property:
Title Prepared by Date of Report
Phase II Environmental Site Assessment Former Southern Steel Facility Hart & Hickman, PC May 3, 2019
Phase I Environmental Site Assessment Hart & Hickman, PC December 10, 2019
Preliminary Stream and Wetlands Survey Hart & Hickman, PC January 20, 2020
Soil Characterization Sampling
Former Southern Steel Facility
Hart & Hickman, PC February 17, 2020
Draft Environmental Management Plan Hart & Hickman, PC March 5, 2020 Brownfields Assessment Report Hart & Hickman, PC March 10, 2020
Draft Environmental Management Plan Revision 1 Hart & Hickman, PC December 23, 2020
Draft Environmental Management Plan
Revision 2
Hart & Hickman, PC January 28, 2021

b. Other available reports:
Title Prepared by Date of Report
Draft Phase I Environmental Site Assessment
Report
Conestoga-Rovers &
Associates
September 2010
Initial Assessment Report CRA Geological Services, Inc. December 16, 2010
Subsurface Investigation Activities Report CRA Geological Services, Inc. February 2011
IV. PROSPECTIVE DEVELOPER’S INVOLVEMENT

5. 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

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submitting to DEQ a Brownfields Property Application (BPA) dated September 3, 2019 and
purchasing the Brownfields Property on December 12, 2019.
6. 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.
7. 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-

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310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a
change is sought to a Brownfields document after it is in effect, in which case there shall be an
additional fee of at least $1,000.
V. BENEFIT TO COMMUNITY
8. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. a return to productive use of the Brownfields Property;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of jobs both in construction and construction management
opportunities for local businesses and local workers, and once developed, the creation of
permanent jobs to local residents;
d. an increase in tax revenue for affected jurisdictions; and
e. “smart growth” through use of land in an already developed area, which avoids
development of land beyond the urban fringe (“greenfields”).
VI. WORK TO BE PERFORMED
9. The guidelines as embodied in their most current version, including parameters,
principles and policies within which the desired results are to be accomplished are (as to: field
procedures, laboratory testing, Brownfields Program requirements, and remedial or mitigation
measures):
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund

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Section;
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Program Assessment Work Plan Checklist; and
d. the Brownfields Survey Plat Checklist.
10. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) credit categories incorporated into the U.S. Green Building Council
Leadership in Energy and Environmental Design (LEED) certification program (Integrative
Process, Location and Transportation, Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Innovation, and Regional
Priority), or a similar program.
11. Based on the information in the Environmental Reports, other available reports, and
subject to imposition of and compliance with the land use restrictions set forth below, and
subject to Section XI 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) as specified in subparagraph 14.c below.
12. Based on the type and concentrations of impacts to soil and groundwater detected
during assessment activities as outlined in paragraph 3 above, vapor intrusion exposure routes do
not appear to present a risk to site occupants as of the effective date of this
Agreement. Therefore, the condition of subparagraph 14.i below has been met for the existing
site building as of the recorded date of this Agreement.

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13. In March 2021, the EMP outlined in subparagraph 14.c below was approved and
finalized with DEQ and the Prospective Developer.
VII. LAND USE RESTRICTIONS
14. By way of the Notice of Brownfields Property referenced below in paragraph 18,
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.
a. No use may be made of the Brownfields Property other than for industrial,
office, warehousing, brewery or food production facility, retail, restaurant, parking and subject
to DEQ’s prior written approval, high density residential and other commercial uses. For
purposes of this restriction, the following definitions apply:
i. Industrial is defined as the assembly, fabrication, processing,
warehousing, or distribution of goods or materials, and can include flex parks, and research and
development uses.
ii. Office is defined as a place where business or professional services are
provided.
iii. Warehousing is defined as 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 or establishments in a particular type of industry or commercial
activity.

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iv. Brewery or Food Production Facility is defined as an establishment for
the manufacture, sale and/or distribution of beverages or food products, including without
limitation beer and ale, together with associated public roadways and related infrastructure.
v. Retail is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
farmer’s markets, food festivals, and the sales of food and beverage products, including from
mobile establishments such as food trucks.
vi. Restaurant is defined as a commercial business establishment that
prepares and serves food and/or beverages, including alcoholic beverages under all applicable
local, state, and federal regulations, to patrons.
vii. High-Density Residential is defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit (e.g., privately-owned
courtyards are prohibited), and may include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages. Single family homes are
prohibited; townhomes, duplexes or other units with yards are prohibited unless approved in
writing by DEQ in advance.
viii. Parking is defined as the temporary accommodation of motor vehicles
in an area designed for same.
ix. Commercial is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.

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b. The Brownfields Property may not be used for high density residential use nor
for child care, adult care centers, or schools 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 Environmental Management Plan (“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 to this Agreement;
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 and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of excavated soil during
redevelopment.
d. No later than January 31 after each one-year anniversary of the effective date of

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this Agreement for as long as physical redevelopment of the Brownfields Property continues
(except that the final deadline shall fall 90 days after the conclusion of physical redevelopment),
the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ
approval on environment-related activities since the last report, with a summary and drawings,
that describes:
i. actions taken on the Brownfields Property in accordance with Section
VI: 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).
e. Groundwater and surface water at the Brownfields Property may not be used
for any purpose without the prior written approval of DEQ along with any measures DEQ deems
necessary to ensure that the Brownfields Property will be suitable for the uses specified in
subparagraph 14.a above while fully protecting public health and the environment. Should
groundwater be encountered or exposed during any activity on the Brownfields Property, it shall
be managed in accordance with the DEQ-approved EMP outlined in subparagraph 14.c, or a plan

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approved in writing in advance by DEQ.
f. 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 14.a above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches
or if required, to the depth of a geotextile or other barrier approved in writing in advance by
DEQ;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined in subparagraph 14.c.
g. The owner(s) of the portion of the Brownfields Property demarcated and
labeled “Area 1” on the plat component of the Notice referenced in paragraph 18 below shall be
responsible for maintaining a minimum two feet of demonstrable clean fill, asphalt cap, or other
suitable covering over the area as approved in writing in advance by DEQ. Any disturbance of
soil within “Area 1” shall be pre-approved in writing by the DEQ Brownfields Program and is
subject to the EMP outlined above in subparagraph 14.c.

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h. No use of the Brownfields Property for the uses listed in subparagraph 14.a
above may occur until the then owner of the Brownfields Property conducts representative final
grade soil sampling, pursuant to a plan approved in writing by DEQ, of any area that is not
covered by building foundations, sidewalks, or asphaltic or concrete parking areas and
driveways, unless otherwise approved in writing by DEQ in advance.
i. 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 18 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building’s users and public
health from the risk of vapor intrusion based on site assessment data, or a site-specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate vapors for subgrade building features in
accordance with the most recent and applicable DWM Vapor Intrusion Guidance, Interstate
Technology & Regulatory Council (ITRC) guidance, and American National Standards Institute
(ANSI)/American Association of Radon Scientists and Technologists (AARST) standards, and
that said design shall fully protect public health to the satisfaction of a professional engineer
licensed in North Carolina, as evidenced by said engineer’s professional seal, and shall include a
performance monitoring plan detailing methodologies and schedule, both of which are subject to

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prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes details on any deviations from the system design, as-built diagrams,
photographs, and a description of the installation with said engineer’s professional seal confirming
that the system was installed per the DEQ-approved design and will be protective of public health.
j. 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.
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. 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 XVII (Notices and Submissions), though financial figures and
other confidential information related to the conveyance may be redacted to the extent said

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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 paragraph: (i) If every lease and/or 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 paragraph, in lieu of sending copies of actual, executed leases,
to the persons listed in Section XVII (Notices 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 XVII.
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 amounts for cleaning and other routine housekeeping
and maintenance activities;
ii. as constituents of fuels, lubricants or other fluids customarily used
in machinery, 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 warehousing, office, retail, restaurant, brewery or food production facility, and high
density residential environments, provided such products and materials are stored in original

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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 referenced
below in paragraph 18 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. If the property is transferred, the grantor shall
submit a LURU (as outlined above) which covers the period of time they owned the property.
The submitted LURU shall state the following:
i. the name, mailing address, telephone number, and contact person’s e-
mail address of the owner, or board, association or approved entity, submitting the LURU if said
owner, or each of the owners on whose behalf a joint LURU is submitted, acquired any part of
the Brownfields Property during the previous calendar year;
ii. the transferee’s name, mailing address, telephone number, and contact
person’s e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year;
iii. whether any soil caps or other suitable coverings installed pursuant to
subparagraph 14.g above in “Area 1” are being maintained such that they are intact,

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uncompromised, in good condition and continuing to serve as barriers to the soil contamination
in relation to which they were installed;
iv. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 14.i above are performing as designed, and whether the uses of the ground
floors, including any tenant renovations, of any buildings containing such vapor barrier and/or
mitigation systems have changed, and, if so, how, and under which precautions so as not to
interfere with the operation of said system; and
v. A LURU submitted for rental units shall include enough of each lease
entered into during the previous calendar year to demonstrate compliance with lessee notification
requirements in paragraphs 14.l and 19 of this agreement provided that if abstracts of leases are
sent, rather than full copies of leases, or standard form leases or riders are used in every instance,
a copy of such abstract, standard form lease, or rider may be sent in lieu of copies of actual leases.
15. The desired result of the above-referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in this Agreement while fully protecting
public health and the environment.
16. 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.
VIII. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
17. In addition to providing access to the Brownfields Property pursuant to subparagraph

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14.j above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
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.
18. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property (“Notice”) for the Brownfields Property containing, inter alia, the land use restrictions
set forth in Section VI (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 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.

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19. This Agreement shall be attached as Exhibit A to the Notice. Subsequent to
recordation of said Notice, any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: “This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the
Mecklenburg County land records, Book __________, Page ________.” A copy of any such
instrument shall be sent to the persons listed in Section XVII (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/or 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 XVII (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
XVII.
20. 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.
IX. DUE CARE/COOPERATION
21. 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

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Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property 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 33.a. below of any such required notification.
X. CERTIFICATION
22. 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 September 3, 2019, by which it applied for this
Agreement, as modified herein. That use is that which is provided in paragraph 14.a. of this
Agreement. 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.
XI. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
23. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,

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and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
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,

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further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
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.
24. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
25. 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.
26. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 23 through 25 above, apply to all of the persons listed in

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NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
27. In consideration of DEQ’s Covenant Not To Sue in Section XI 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.
XIII. PARTIES BOUND
28. 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.
XIV. DISCLAIMER
29. 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

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§ 130A-310.37.
30. Except for the land use restrictions set forth in paragraph 14 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.
XV. DOCUMENT RETENTION
31. 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

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Southern Steel/23052-19-060/2021.03.11
disclosure of such documents as confidential business information.
XVI. PAYMENT OF ENFORCEMENT COSTS
32. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section VI (Work to be Performed) and Section
VII (Land Use Restrictions), it shall be liable for all litigation and other enforcement costs
incurred by DEQ to enforce this Agreement or otherwise obtain compliance.
XVII. NOTICES AND SUBMISSIONS
33. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information or delivery method, all notices and submissions pursuant to this
Agreement shall be sent by prepaid first-class U.S. mail or courier service, 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:

Wilkinson Steel Yard, LLC (or successor in function) Trent Haston 2000 West Morehead Street, Suite C Charlotte, NC 28208

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.

27
Southern Steel/23052-19-060/2021.03.11
XVIII. EFFECTIVE DATE
34. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ’s approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in NCGS § 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 to invalidate its signature on this Agreement.
XIX. TERMINATION OF CERTAIN PROVISIONS
35. If any Party believes that any or all of the obligations under Section VIII
(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).
XX. CONTRIBUTION PROTECTION
36. 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.

28
Southern Steel/23052-19-060/2021.03.11
37. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
38. 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.
XXI. PUBLIC COMMENT
39. 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.

29
Southern Steel/23052-19-060/2021.03.11
IT IS SO AGREED: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY By:
____________________________________________________________________________
Ellen Lorscheider Date Deputy Director, Division of Waste Management IT IS SO AGREED:
Wilkinson Steel Yard, LLC
By: TAH Holdings, LLC, its manager By:

____________________________________________________________________________ Trent Haston Date Manager
0 2000 4000
APPROXIMATE
SCALE IN FEETN
U.S.G.S. QUADRANGLE MAP
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)
CHARLOTTE WEST, NORTH CAROLINA 1996
TITLE
PROJECT
SITE LOCATION MAP
FORMER SOUTHERN STEEL FACILITY3015 WILKINSON BOULEVARDCHARLOTTE, NORTH CAROLINA
DATE:
JOB NO:
REVISION NO:
FIGURE:
8-12-19 0
1ANR-007
SITE

23052-19-060/Southern Steel (2021.02.22)

1
Exhibit 2 The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred in February 2020. The following tables set forth, for contaminants present at the Brownfields 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)
Chromium TMW-4 3/19/2019 11.9 10
Cobalt
TMW-1
3/19/2019
16.5
12 TMW-2 12.5
TMW-3 3.57
Manganese
TMW-1
3/19/2019
3,020
50 TMW-2 605
TMW-3 336
1 Units are micrograms per liter (µg/L). 2 DEQ Interim Maximum Allowable Concentration (IMAC) established October 1, 2010.

23052-19-060/Southern Steel (2021.02.22)

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 (July
2020 version) or as marked below:
Soil Contaminant Sample Location Depth (ft) Date of Sampling
Concentration Exceeding Screening
Level
(mg/kg)
Residential Screening
Level1 (mg/kg)
Lead (TCLP2)
B1-A 0-4 9/24/2019 13.5
5 3, 4
B1-B 0-4 9/24/2019 26
Comp-1 0-4 10/30/2019 11.4
Comp-3 0-4 10/30/2019 5.8
Arsenic
SB-1 2-4 3/18/2019 1.26
0.68
SB-2 1-3 3/18/2019 1.48
SB-3 1-3 3/18/2019 1.52
SB-4 1-3 3/19/2019 1.22
SB-5 1-3 3/19/2019 3.51
SB-6 1-3 3/19/2019 1.41
SB-7 1-3 3/19/2019 1.74
SB-8 2-4 3/18/2019 2.32
SB-9 1-3 3/18/2019 2.82
SS-1 2-4 10/30/2019 3.37
BH-8 6-8 11/24/2010 0.98
BH-12 2-4 11/24/2010 2.3
Chromium VI
SB-10 1-3 2/15/2019 3.76
0.31 SB-11 1-3 2/15/2019 2.48
SB-13 1-3 2/15/2019 3.58
SB-14 1-3 2/15/2019 4.01
Cobalt
SB-5 1-3 3/19/2019 7.33
4.7 SB-6 1-3 3/19/2019 9.33
SB-8 2-4 3/18/2019 5.38
SB-9 1-3 3/18/2019 13.1

23052-19-060/Southern Steel (2021.02.22)

3
Soil Contaminant Sample Location Depth (ft) Date of Sampling
Concentration Exceeding Screening
Level (mg/kg)
Residential Screening
Level1 (mg/kg)
Lead
SB-1 2-4 3/18/2019 1,050
400
SB-2 1-3 3/18/2019 534
SB-3 1-3 3/18/2019 1,240
SB-5 1-3 3/18/2019 826
SB-8 2-4 3/18/2019 1,020
WBN-1 1.5 10/7/2010 500
WBN-2 1.5 10/7/2010 440
WBN-3 1.5 10/7/2010 440
WBS-2 1.5 10/7/2010 450
BH-12 2-4 11/24/2010 543
Manganese (non-diet) SB-5 1-3 3/18/2019 429 380
Chloroform SS-1 2-4 10/30/2019 0.81J5 0.34
Benz[a]anthracene SS-1A 2-3 2/24/2020 4.05 1.1
Benzo[a]pyrene SS-1A 2-3 2/24/2020 1.76 0.11
Benzo[b]fluoranthene SS-1A 2-3 2/24/2020 2.73 1.1

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-6 lifetime incremental cancer risk.
2 Toxicity Characteristic Leaching Procedure (TCLP). 3 EPA Maximum Concentrations for Toxicity Characteristic (October 2009). 4 Units are milligrams per liter (mg/L).
5 J-estimated value below the laboratory reporting limit.
6 Units are milligrams per kilogram (mg/kg) unless otherwise noted.
02181-001/00286382
EXHIBIT C - LEGAL DESCRIPTION Project Name: Southern Steel Brownfields Project
Project Number: 23052-19-060
Being all of that certain tract or parcel of land located in the City of Charlotte, Mecklenburg County, North Carolina, and being described as follows: BEGINNING at an existing nail located on the southern margin of Wilkinson Boulevard, U. S. Highway 74-29 (a variable width public right-of-way), said nail being located at the northeast corner of the End Spot I, LLC property as described in Deed Book 33272, Page 665 of the Mecklenburg County Public Registry, and being depicted as Lot 2 of Southern Steel Subdivision Parcel 2 and recorded in Map Book 61, Page 61 of said registry; thence with the margin of Wilkinson Boulevard, South 86°38'06" East, 43.12 feet to an existing 1/2" iron rod found at the northwest corner of the David L. Williams property as described in Deed Book 11826, Page 825 of said registry; thence with the line of David L. Williams, South 03°19'33" West, passing an existing 1/2" iron rod found at 586.22 feet, a total distance of 608.55 feet to a new 1/2" iron rod set in the northern line of the City of Charlotte property as described in Deed Book 21523, Page 637 of said registry, said iron also being located in the center of the Southern Railway 200-foot right-of-way; thence with the line of the City of Charlotte and the center of the Southern Railway right-of-way, North 88°05'56" West, 651.56 feet to a new 1/2" iron rod set at the southeast corner of the Wilkinson Holdings IV, LLC property as described in Deed Book 34211, Page 614 of said registry, and being depicted as Parcel 4 of Revised Southern Steel and recorded in Map Book 57, Page 114 of said registry; thence with the line of Wilkinson Holdings IV, LLC, North 03°24'51" East, passing an existing 1/2" iron rod found at 11.85 feet, a total distance of 337.72 feet to a new nail set in the southern line of the Quiktrip Corporation property as described in Deed Book 29066, Page 563 of said registry, and being depicted as Parcel 1 of Revised Southern Steel and recorded in Map Book 57, Page 114 of said registry; thence with the line of Quiktrip Corporation, South 86°35'07" East, 288.32 feet to an existing nail found at the southwest corner of the Mecklenburg County Alcoholic Beverage Control Board as described in Deed Book 30170, Page 567, and being depicted as Lot 1 of Southern Steel Subdivision Parcel 2 and recorded in Map Book 61, Page 61 of said registry; thence with the line of the Mecklenburg County Alcoholic Beverage Control Board, South 86°35'07" East, 192.18 feet to an existing nail found at the southwest corner of the aforementioned property of End Spot 1, LLC; thence with the line of End Spot I, LLC, the following three (3) bearings and distances: 1) South 86°35'07" East, 131.15 feet to an existing nail found; 2) North 03°19'33" East, 144.02 feet to an existing nail found; 3) North 01°45'56" East, 144.08 feet to the POINT OF BEGINNING, having an area of 225,854 square feet or 5.1849 acres, as shown on a survey by R. B. Pharr & Associates, P. A., dated June 18, 2020, Job No. 91648.

Southern Steel/23052-19-060/2021.03.11
SUMMARY OF NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Wilkinson Steel Yard, LLC Brownfields Project Number: 23052-19-060 Pursuant to the North Carolina Brownfields Property Reuse Act (the “Act”) authorized by North Carolina
General Statutes (NCGS) § 130A-310.30 through 130A-310.40, and specifically pursuant to NCGS § 130A-
310.34, Wilkinson Steel Yard, LLC, as Prospective Developer, has filed with the North Carolina Department of
Environmental Quality (“DEQ”) a Notice of Intent to Redevelop a Brownfields Property (“Property”) located at
3015 Wilkinson Boulevard, Charlotte, Mecklenburg County, North Carolina. The Brownfields Property, which
is the former site of the Southern Steel Facility, where structural steel was fabricated and stored consists of
approximately 5.1849 acres. Environmental contamination exists on the Brownfields Property in soil and
groundwater. Wilkinson Steel Yard, LLC has committed itself to redevelop the Brownfields Property for no uses
other than industrial, office, warehousing, brewery or food production facility, retail, restaurant, parking and
subject to DEQ’s prior written approval, high density residential and other commercial uses. The Notice of Intent
to Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement between DEQ and
Wilkinson Steel Yard, LLC, which in turn includes (a) a map showing the location of the Property, (b) a
description of the contaminants involved and their concentrations in the media of the Property, (c) the above-
stated description of the intended future use of the Brownfields Property, and (d) proposed investigation and
remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance with NCGS § 130A-
310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed online at the DEQ public
record database, Laserfiche, by entering the project number 23052-19-060 into the search bar at the following web
address:
https://edocs.deq.nc.gov/WasteManagement/Welcome.aspx?dbid=0&repo=WasteManagement

The “Act” requires a public comment period of at least 30 days. The first day of public comment is defined
as the day after which all of the following public notice tasks have occurred: the date this Notice is: (1) published
in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2)
conspicuously posted at the Brownfields Property; and (3) mailed or delivered to each owner of property
contiguous to the Brownfields Property. Written public comments may be submitted to DEQ within 30 days after
the public comment period begins. Written requests for a public meeting may be submitted to DEQ within 21 days
after the public comment period begins. These periods will start no sooner than April 2, 2021, and will end no
sooner than the later of: 1) 30 and 21 days, respectively, after that; or 2) 30 and 21 days, respectively, after
completion of the latest of the three (3) above-referenced tasks, if such completion occurs later than the date stated
herein. All public comments and public meeting requests should be addressed as follows:
Mr. Bruce Nicholson Brownfields Program Manager Division of Waste Management NC Department of Environmental Quality 1646 Mail Service Center Raleigh, North Carolina 27699-1646

Southern Steel/23052-19-060

NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Wilkinson Steel Yard, LLC Brownfields Project Number: 23052-19-060 North Carolina’s Brownfields Property Reuse Act (the “Act”), North Carolina General Statutes (“NCGS”)
§ 130A-310.30 through 130A-310.40, provides for the safe redevelopment of abandoned, idled, or underused
properties at which expansion or redevelopment is hindered by actual or potential environmental contamination.
One of the Act’s requirements is the submittal of this Notice of Intent to Redevelop a Brownfields Property (“NI”)
that has been approved by the North Carolina Department of Environmental Quality (“DEQ”) for public notification
purposes as per NCGS § 130A-310.34(a). The NI shall provide, to the extent known, a legal description of the location
of the Brownfields Property, a map showing the location of the Brownfields Property, a description of the
contaminants involved and their concentrations in the media of the Brownfields Property, a description of the
intended future use of the Brownfields Property, any proposed investigation and remediation, and a proposed Notice
of Brownfields Property (“NBP”) prepared in accordance with NCGS § 130A-310.35. The proposed NBP for a
particular brownfields project is attached hereto. The proposed NBP includes the proposed Brownfields Agreement,
which is attached as Exhibit A, and the other required elements of this NI. A Summary of this Notice of Intent
(“SNI”) shall include a statement as to the public availability of the full NI. The party (“Prospective Developer”)
who desires to enter into a Brownfields Agreement with DEQ must provide a full copy of this NI to all local
governments having jurisdiction over the Brownfields Property.
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as
the day after which all of the following public notice tasks have occurred: the date the required SNI is: (1) published
in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2) conspicuously
posted at the Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written public comments may be submitted to DEQ within 30 days after the public comment
period begins. Written requests for a public meeting may be submitted to DEQ within 21 days after the public
comment period begins. These periods will start no sooner than April 2, 2021, and will end no sooner than the later
of: 1) 30 and 21 days, respectively, after that; or 2) 30 and 21 days, respectively, after completion of the latest of the
three (3) above-referenced tasks, if such completion occurs later than the date stated herein. All comments and
meeting requests should be addressed as follows:

Mr. Bruce Nicholson Brownfields Program Manager Division of Waste Management NC Department of Environmental Quality 1646 Mail Service Center Raleigh, North Carolina 27699-1646