25068_Dynatech_Amendment

1g2027 Alexander
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PLLC
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August 13, 2021 ��Q100, ow�O Alexander Ricks PLLC
1420 E. Seventh Street, Suite 100
�9sys-0, Charlotte, North Carolina 28204
VIA EMAIL AND FEDEX Main Tel [phone]
Carolyn Minnich Main Fax [phone]
Project Manager www.alexanderricks.com
Brownfields Program — NCDEQ Chris S. Walker
217 West Jones Street Direct 980.335.0712
Raleigh, NC 27603 [e-mail]
Re: Amendment to Brownfields Property Application — Change of PD and Realignment of
Brownfields Properties
Dynatech II Brownfields Property (NCBP # 25001-21-060)
Dear Carolyn:
I am writing to request that the Brownfields Program amend the January 5, 2021 Brownfields
Property Application ("BPA") submitted by Abacus Acquisitions, LLC ("Abacus") for the
Dynatech II Brownfields Project (NCBP # 25001-21-060) ("Dynatech lI") to divide the project
into three separate Brownfields projects and change the Prospective Developers for each project.
We discussed this approach and the potential Brownfields Program fees many months ago, and
the Brownfields Program requested that Abacus wait to submit an amendment to the BPA until
after its affiliates had acquired all of the parcels and the PD entities had been organized.
The original Dynatech II BPA was submitted by Abacus for 2207, 2213, 2301, 2325 Toomey
Avenue, and 728 and 704 West Tremont Avenue in Charlotte, North Carolina on January 5, 2021.
A Letter of Eligibility was issued by the Brownfields Program on February 5, 2021. The current
2213 Toomey Avenue parcel is subject to the existing Dynatech Brownfields Agreement (NCBP
#02002-98-60).
The following chart summarizes how we propose to separate this project into three Brownfields
moiects:
Name
Properties
Prospective Developer
Dynatech II
Portion of 2213 Toomey Avenue
2213/2218 Toomey Avenue
Owner, LLC
Dynatech 111
2207 Toomey Avenue (Parcel # 11906424)
704 West Tremont Owner,
2301 Toomey Avenue Parcel # 11906429
LLC
01699-007/003173944

2325 Toomey Avenue (Parcel # 11906426)
704 West Tremont Avenue (Parcel #
11906420)
728 West Tremont Avenue/2315 Toomey
Avenue (Parcel # 11906417)
The remaining portions of 2213 Toomey
Avenue not included in Dynatech II
Dynatech IV
2320 Toomey Avenue
2320 Toomey Avenue
Owner, LLC
Additional information regarding the proposed BPA amendment and the three Brownfields
projects is set out below:
Revised Dynatech II Brownfields Property:
Abacus intends to supersede the existing Dynatech Brownfields Agreement with a new
Brownfields agreement for 2213 Toomey Ave. Abacus also intends to redraw the parcel boundary
lines of 2213 Toomey Ave as shown on the attached figure. The red line is the current boundary
for 2213 Toomey Ave, and the thinner blue line will be the future boundary of 2213 Toomey Ave
once the parcel subdivision and recombination are complete. Abacus requests that DEQ amend
the BPA to modify the Dynatech II Brownfields Property to contain only the future parcel outlined
in blue on the attached figure. This building is proposed for commercial reuse.
2213/2218 Toomey Avenue Owner, LLC, an affiliate of Abacus, is the current owner of 2213
Toomey Ave (current parcel boundaries). 2213/2218 Toomey Avenue Owner, LLC will own all
of the future 2213 Toomey Ave parcel (blue outline on figure) after the parcel recombination and
transfers of the portions of the parcel among Abacus' affiliates. Abacus requests that the BPA be
amended to change the Prospective Developer to 2213/2218 Toomey Avenue Owner, LLC for
Dynatech II. A Brownfields affidavit for 2213/2218 Toomey Avenue Owner, LLC is enclosed'
and the entity information for 2213/2218 Toomey Avenue Owner, LLC is as follows:
Prospective Developer Information:
• PD: 2213/2218 Toomey Avenue Owner, LLC
• Representatives: Kevin North and Wes McAdams
• Entity Manager and Ownership %: Toomey Avenue, LLC — 100%
• Contact Information: Kevin North: 4445 Willard Ave, Suite 900, Chevy Chase, MD 20815,
knorthkfcpdc.com, 240-395-2082; Wes McAdams: 1200 East Morehead Street, Suite 280,
Charlotte, NC 28204, wmcadamsgabacuscapitalusa.com, 704-390-5580
List all members of the LLC and provide their percent of ownership:
• Member: Toomey Avenue, LLC
• Ownership:100%
' Out of an abundance of caution, and because the parcel lines for 2213 Toomey Avenue will change and include
portions of other existing parcels, the affidavits for 2213/2218 Toomey Avenue Owner, LLC and for 704 West
Tremont Owner, LLC include all of the parcels from Dynatech II and the proposed Dynatech III Brownfields
properties.
01699-007/003173944

• Contact Information: Same as above
Proposed Dynatech III Brownfields Property:
Abacus requests that a separate Brownfields property ("Dynatech III") be created to include 2207
Toomey Ave (Parcel # 11906424), 2301 Toomey Ave (Parcel # 11906429), 2325 Toomey Ave
(Parcel # 11906426), 704 West Tremont Ave (Parcel # 11906420), 728 West Tremont Ave/2315
Toomey Ave (Parcel # 11906417), and the remaining portions of 2213 Toomey Ave after the
parcel lines are redrawn (i.e., some of the land between the red and blue boundary lines shown on
the attached figure that will not be part of the Dynatech II Brownfields agreement). These parcels
will be redeveloped with for -rent multifamily residential buildings.
704 West Tremont Owner, LLC, an affiliate of Abacus, is the current owner of all the properties
in the proposed Dynatech III Brownfields Property, with the exception of the portions of current
2213 Toomey Ave that will become part of the Dynatech III project after parcel subdivision an
recombination. 704 West Tremont Owner, LLC will acquire those portions after parcel
recombination from Abacus' affiliate. An affidavit for 704 West Tremont Owner, LLC is
enclosed, and the entity information is as follows:
Prospective Developer Information:
• 704 West Tremont Owner, LLC
• Representatives: Kevin North and Wes McAdams
• Entity Manager and Ownership %: Toomey Multifamily JV, LLC — 100%
• Contact Information: Kevin North: 4445 Willard Ave, Suite 900, Chevy Chase, MD 20815,
knorth(a,,fcpdc.com, 240-395-2082; Wes McAdams: 1200 East Morehead Street, Suite 280,
Charlotte, NC 28204, wmcadams( abacuscapitalusa.com, 704-390-5580
List all members of the LLC and provide their percent of ownership
• Member: Toomey Multifamily JV, LLC
• Ownership: 100%
• Contact Information: Same as above.
Abacus requests that the future Dynatech III Brownfields Agreement supersede the Dynatech
Brownfields Agreement as to the remaining portions of 2213 Toomey Ave that are not included in
the Dynatech II Brownfields Property after parcel subdivision and recombination. Once the parcel
boundaries have been adjusted and the Dynatech II and Dynatech III Brownfields agreements have
been recorded, the original Dynatech Brownfields Agreement will be fully superseded and no
longer in effect.
Proposed Dynatech IV Brownfields Property:
The proposed Dynatech IV Brownfields Property will consist of the property located at 2320
Toomey Avenue (Parcel # 11904626) and is planned for commercial reuse. 2320 Toomey Avenue
was not part of the original Dynatech II BPA but has been included in Brownfields assessment
activities and discussed in detail with the Brownfields Program. 2320 Toomey Avenue Owner,
LLC, the current owner of 2320 Toomey Avenue, will be the Prospective Developer. An affidavit
for 2320 Toomey Avenue Owner, LLC is enclosed, and related entity information includes the
following:
Idrsr0nina*1IUF rIIn

Prospective Developer Information:
• 2320 Toomey Avenue Owner, LLC
• Representatives: Kevin North and Wes McAdams
• Entity Manager and Ownership %: Toomey Avenue, LLC — 100%
• Contact Information: Kevin North: 4445 Willard Ave, Suite 900, Chevy Chase, MD 20815,
knorthgfcpdc.com, 240-395-2082; Wes McAdams: 1200 East Morehead Street, Suite 280,
Charlotte, NC 28204, wmcadamsnae abacuscapitalusa.com, 704-390-5580
List all members of the LLC and provide their percent of ownership:
• Member: Toomey Avenue, LLC
• Ownership:100%
• Contact Information: Same as above.
Brownfields Program Fees
Abacus paid the $30,000 Redevelopment Now fee with the submittal of the BPA. We discussed
potential Brownfields Program fees by phone in March 2021. You indicated that you needed to
speak with Bruce Nicholson about appropriate fees. One idea we discussed was having the new
PDs pay an additional $16,000 in Brownfields Program fees. That would represent the
Brownfields Program fees for two agreements in the standard track. We believe that is a
reasonable approach to the three Brownfields agreements since they will be negotiated together.
Finally, based on our prior discussions, the three PDs plan to prepare one Environmental
Management Plan for the three Brownfields properties since they will be redeveloped in concert
by affiliated developers.
Thank you for your assistance with this project. We are very excited with the recent progress we
have made on methane and greatly appreciate the time and attention from the Brownfields Program
on this project. Please contact me with any questions.
Sincerely,
Chris S. Walker
Enclosures
cc: Mr. Mason Ellerbe (via e-mail and w/ encl.)
Ms. Shirley Liggins (via e-mail and w/ encl.)
Mr. Wes McAdams (via e-mail and w/ encl.)
01699-007/003173944 4

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
NORTH CAROLINA BROWNFIELDS PROGRAM
IN THE MATTER OF: 704 West Tremont Owner, LLC
UNDER THE AUTHORITY OF ) AFFIDAVIT
NORTH CAROLINA GENERAL ) RE: RESPONSIBILITY
STATUTES 3 130A-310.30, et. seq. ) AND COMPLIANCE
John Wesley McAdams II, being duly swom, hereby deposes and says:
1. I am an Authorized Signatory of Toomey Multifamily JV, LLC, which is the sole member and manager
of 704 West Tremont Owner, LLC.
2. I am fully authorized to make the declarations contained herein and to legally bind 704 West
Tremont Owner, LLC.
3. 704 West Tremont Owner, LLC is applying for a Brownfields Agreement with the North Carolina
Department of Environmental Quality, pursuant to N.C.G.S. 3 130A, Article 9, Part 5 (Brownfields
Act), in relation to the following 6 parcels in Charlotte, Mecklenburg, County, North Carolina: 2207
Toomey Avenue (Parcel # 11906424), 2301 Toomey Avenue (Parcel # 11906429), 2315 Toomey
Avenue / 728 West Toomey Avenue (Parcel # 11906417), 2325 Toomey Avenue (Parcel #
11906426), 704 West Tremont Avenue (Parcel # 11906420) and 2213 Toomey Avenue (Parcel #
11906428).
4. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that
704 West Tremont Owner, LLC, and any parent, subsidiary or other affiliate meets the eligibility
requirements of N.C.G.S. 3 130A-310.3l (b)(10), in that it has a bona fide, demonstrable desire to
develop or redevelop, and did not cause or contribute to the contamination at, the parcel(s) cited in
the preceding paragraph.
5. 1 hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that
704 West Tremont Owner, LLC meets the eligibility requirement of N.C.G.S. 3130A-310.32(a)(1)
in that it and any parent, subsidiary or other affiliate have substantially complied with:
a. the terms of any brownfields or similar agreement to which it or any parent, subsidiary
or other affiliate has been a party;
b. the requirements applicable to any remediation in which it or any parent, subsidiary or
other affiliate has previously engaged;
c. federal and state laws, regulations and rules for the protection of the
environment. Affiant further saith not.
Signature/Printed Name /John Wesley McAdams II Date 8/L/2021
Sworn to and subscrib efore me
this 13 day of Au120ZI , ME
Notary Public
My commission expires: (7 sl L b Z`{
01699-007/00317391-1 1

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
NORTH CAROLINA BROWNFIELDS PROGRAM
IN THE MATTER OF: 2213/2218 Toomey Avenue Owner, LLC
UNDER THE AUTHORITY OF
)
AFFIDAVIT
NORTH CAROLINA GENERAL
)
RE:RESPONSIBILITY
STATUTES:) 130A-310.30, et. seq.
)
AND COMPLIANCE
John Wesley McAdams I1, being duly sworn, hereby deposes and says:
1. I am an Authorized Signatory of Toomey Avenue, LLC, which is the sole member and manager of
2213/2218 Toomey Avenue Owner, LLC.
2. I am fully authorized to make the declarations contained herein and to legally bind 2213/2218
Toomey Avenue Owner, LLC.
3. 2213/2218 Toomey Avenue Owner, LLC is applying for a Brownfields Agreement with the North
Carolina Department of Environmental Quality, pursuant to N.C.G.S. 3 130A, Article 9, Part 5
(Brownfields Act), in relation to the following 6 parcels in Charlotte, Mecklenburg, County, North
Carolina: 2207 Toomey Avenue (Parcel # 11906424), 2301 Toomey Avenue (Parcel # 11906429),
2315 Toomey Avenue / 728 West Toomey Avenue (Parcel # 11906417), 2325 Toomey Avenue
(Parcel # 11906426), 704 West Tremont Avenue (Parcel # 11906420) and 2213 Toomey Avenue
(Parcel # 11906428).
4. 1 hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that
2213/2218 Toomey Avenue Owner, LLC, 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 fade, 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
2213/2218 Toomey Avenue Owner, LLC meets the eligibility requirement of N.C.G.S. 3130A-
310.32(a)(1) in that it and any parent, subsidiary or other affiliate have substantially complied
with:
a. the terms of any brownfields or similar agreement to which it or any parent, subsidiary
or other affiliate has been a party;
b. the requirements applicable to any remediation in which it or any parent, subsidiary or
other affiliate has previously engaged;
c. federal and state laws, regulations and rules for the protection of the
environment. Affiant further saith not.
Signature/Printed Name O C(A4 �
Sworn to and subscribdbefore me
/John Wesley McAdams 11 Date 8A3 /2021
Amber L Simpson
NOTARY PUBLIC
this—t
day of 20. Mecklenburg County, NC
Notary Public
My commission expires: DS 1 ZUZ (SEAL)
01699-007/00317380-2

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
NORTH CAROLINA BROWNFIELDS PROGRAM
IN THE MATTER OF: 2320 Toomey Avenue Owner, LLC
UNDER THE AUTHORITY OF ) AFFIDAVIT
NORTH CAROLINA GENERAL ) RE:RESPONSIBILITY
STATUTES 3130A-310.30, et. seq. ) AND COMPLIANCE
John Wesley McAdams II, being duly sworn, hereby deposes and says:
1. I am an Authorized Signatory of Toomey Avenue, LLC, which is the sole member and manager of
2320 Toomey Avenue Owner, LLC.
2. I am fully authorized to make the declarations contained herein and to legally bind 2320 Toomey
Avenue Owner, LLC.
3. 2320 Toomey Avenue Owner, LLC is applying for a Brownfields Agreement with the North Carolina
Department of Environmental Quality, pursuant to N.C.G.S. 3 130A, Article 9, Part 5 (Brownfields
Act), in relation to the following parcel in Charlotte, Mecklenburg, County, North Carolina: 2320
Toomey Avenue (Parcel # It 904626).
4. 1 hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that
2320 Toomey Avenue Owner, LLC, and any parent, subsidiary or other affiliate meets the eligibility
requirements of N.C.G.S. 3 130A-310.3I (b)(I0), in that it has a bona fide, demonstrable desire to
develop or redevelop, and did not cause or contribute to the contamination at, the parcel(s) cited in
the preceding paragraph.
5. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that
2320 Toomey Avenue Owner, LLC meets the eligibility requirement of N.C.G.S. 3130A-
310.32(a)(1) in that it and any parent, subsidiary or other affiliate have substantially complied
with:
a. the terms of any brownfields or similar agreement to which it or any parent, subsidiary
or other affiliate has been a party;
b. the requirements applicable to any remediation in which it or any parent, subsidiary or
other affiliate has previously engaged;
c. federal and state laws, regulations and rules for the protection of the
environment. Affiant further saith not.
Signature/Printed Name Amber L Simpson
/John Wesley ms II Date 8/13 /2021
Sworn to and subscri before me NOTARY PUBLIC
this I day of u wo-'r 20 ZI. Mecklenburg County, NC
Notary Public
My commission expires: uS 7_102-4 (SEAL)
01699-007/00317396-1

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