23064_Dick Keffer Pontiac_Public Comment Package

23064-19-060/Dick Keffer Pontiac Buick GMC/20211101 PC

SUMMARY OF NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY Brownfields Property Name: Dick Keffer Pontiac Buick GMC Brownfields Project Number: 23064-19-060 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, Tapestry Tyvola, 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
1001 Tyvola Road and 450 Minuet Lane, Charlotte, Mecklenburg County. The Brownfields Property consists of
approximately 10.524 acres, and was occupied by Dick Keffer Pontiac Buick GMC, an automotive dealership
which included vehicle sales and service, and auto body repair and painting operations. Environmental
contamination exists on the Brownfields Property in soil, soil gas, groundwater, and surface water. Tapestry
Tyvola, LLC, has committed itself to redevelop the Brownfields Property for no uses other than high density
residential, office, parking, retail, and with prior written DEQ approval, other commercial uses. The Notice of
Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement between DEQ and
Tapestry Tyvola, 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 at the Charlotte
Mecklenburg Public Library (Robinson-Spangler Carolina Room) located at 310 North Tryon Street, Charlotte,
NC by contacting Ms. Caitlin Moen, Director of Libraries at [e-mail] or at [phone]; or at
the offices of the N.C. Brownfields Program, 217 West Jones Street, Raleigh, NC or by contacting Shirley Liggins
at that address, at [e-mail], or at [phone]. The full Notice of Intent to Redevelop a
Brownfields Property may also be reviewed online at the DEQ public record database, Laserfiche, by entering the
project number 23064-19-060 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 November 5, 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
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NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Dick Keffer Pontiac Buick GMC Brownfields Project Number: 23064-19-060 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 November 5, 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

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Property Owner: Tapestry Tyvola, LLC Recorded in Book ____, Page ____ Associated plat recorded in Plat Book ____, Page ____ NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: Dick Keffer Pontiac Buick GMC Brownfields Project Number: 23064-19-060
This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat component, have been filed this _____ day of __________________, 2021 by Tapestry Tyvola, 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 consists of approximately 10.524 acres and was occupied by
Dick Keffer Pontiac Buick GMC, an automotive dealership which included vehicle sales and

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service, and auto body repair and painting operations. Tapestry Tyvola, LLC has committed to
redevelop the Brownfields Property for no uses other than high density residential use, office, parking, retail, and with prior written DEQ approval, other commercial uses. Historically the Brownfields Property was agricultural and wooded land with two residential structures in the eastern portion of the property from the late-1930s until the mid-
1970s. In 1976, the main automotive dealership building was constructed and operated as Dick Keffer Pontiac Buick GMC. A truck sales office was added in 1987 and an auto paint and body shop added in 2005. The automotive dealership has operated under several names, most recently as Keffer Pre-owned South. The Brownfields Property has been vacant since 2018, and the buildings demolished in late 2020. Onsite activities have contributed to impacts in soil, soil gas,
groundwater, and surface water at the Brownfields Property. 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.

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The land use restrictions below have been excerpted verbatim from paragraph 12 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: a. No use may be made of the Brownfields Property other than for high-density
residential, office, parking, retail, and with prior written DEQ approval, other commercial uses. For purposes of this restriction, the following definitions apply:
i. 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.
ii. Office is defined as the provision of business or professional services.
iii. Parking is defined as the temporary accommodation of motor vehicles in an area designed for same.
iv. Retail is defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and beverage products.
v. Commercial is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
b. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an EMP approved in writing by DEQ in advance (and
revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or
redevelopment in any other form, including without limitation:
i. demolition of existing structures, as applicable;
ii. issues related to known or potential sources of contamination, including without limitation those resulting from contamination identified in paragraph III above, and Exhibit 2;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered or newly accessible potential sources of environmental contamination (e.g., USTs, ASTs, tanks, drums, septic drain fields, oil-water separators, soil contamination);

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iv. plans for the proper characterization of, and, as necessary, disposal of
building materials or contaminated soils excavated during redevelopment; and
v. plans for the proper removal of any above ground storage tanks (ASTs).
c. Within 90 days 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).
d. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all buildings on the Brownfields Property depicted on the plat component of the Notice referenced in paragraph 16 below shall be in accordance with applicable legal requirements, including without limitation those related to lead and asbestos abatement that are administered by the
Health Hazards Control Unit within the Division of Public Health of the North Carolina
Department of Health and Human Services.
e. Within 90 days after the effective date of this Agreement, the known ASTs shall be removed and addressed in accordance with a plan as identified above in subparagraph 12.b to the written satisfaction of DEQ.
f. Groundwater 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 12.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 12.b., or a plan approved in
writing in advance by DEQ.
g. No activity that disturbs soil on the Brownfields Property in the Areas of Potential Soil Contamination identified as “Area A” and “Area B” as depicted on the plat

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component of the Notice of Brownfields Property referenced in paragraph 16, 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 12.a. above while fully protecting public health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24”;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair (if only by email) of any such repair, or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection with work conducted in accordance with a DEQ-approved EMP as outlined above in subparagraph 12.b.
h. No use of the Brownfields Property may occur until the then owner of the Brownfields Property conducts representative final grade soil sampling of any area within the Brownfields Property pursuant to a plan approved in writing by DEQ that is not covered by a
minimum of 2 feet of demonstratable clean fill or landscaping soil, or by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways.
i. Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ, unless conducted in accordance with an approved EMP as outlined above in subparagraph 12.b.
j. 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 16, 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 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 the intrusion of subsurface vapors into
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 a professional engineer licensed in North Carolina, as evidenced by said engineer’s professional seal, is satisfied that the design is fully protective of
public health, 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 as-built diagrams, photographs, and a description of the installation, with

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said engineer’s professional seal confirming that the engineer is satisfied that the system was
installed per the DEQ approved design. If any deviations from the system design were necessary during installation, then the report shall include details on said deviations, as well as the engineer’s seal certifying the VIMS, as installed, was installed in such a manner so as to be fully protective of public health.
k. Unless an active VIMS is implemented for any high density residential
structures in accordance with subparagraph 12.j.ii. above, no occupancy of the Brownfields Property for the uses defined in subparagraph 12.a may occur until a comprehensive work plan for the installation and sampling of sub slab soil gas, and as determined by DEQ, indoor air for each proposed apartment building is approved by DEQ. Said plan shall include at a minimum three semi-annual sampling events (to include warm and cold weather events) and indicate the
hazard index for the property has remained unchanged or decreased during each consecutive sampling event to propose for DEQ written consideration the relaxation or cessation of monitoring requirements. The work plan will also include, at a minimum, details on schedule and methodology for installation and sampling of permanent sub slab monitoring points for VOCs by EPA Method TO-15 within one month after monitoring point installation and then
semi-annually for a minimum of three events. Should the analytical results obtained from any of the sampling indicate exposures at the Brownfields Property that raise 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, DEQ may require that the then owner(s) re-evaluate that risk for areas potentially subject to said risk and to take action to reduce said risk
to make the Brownfields Property suitable for the uses authorized below in subparagraph 12.a while fully protecting public health and the environment.
l. 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.
m. The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well or vapor sample point 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.
n. 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 subparagraph: (i) If every lease and rider is identical in form, the owner

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conveying an interest may provide DEQ with copies of a form lease or rider evidencing
compliance with this subparagraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XVII (Notice and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XVII.
o. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ in writing if additional contaminants in excess of applicable standards are discovered at the Brownfields Property, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as fuel or other fluids customarily used in vehicles, landscaping equipment and emergency generators.
p. During January of each year after the year in which the Notice referenced below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Mecklenburg County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that the land use restrictions are being complied with. The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the Brownfields Property during the previous calendar year;
ii. the transferee’s name, mailing address, telephone and facsimile
numbers, and contact person’s e-mail address, if said owner transferred any part of the
Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems and any associated subgrade vapor monitoring network installed pursuant to subparagraph 12.j. above are performing as designed, and whether the uses of the ground floors of any buildings containing
such vapor barrier and/or mitigation systems have changed, and, if so, how.
iv. 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 subparagraph 12.n, above, and paragraph 17, below, of this Agreement provided that if standard form leases are used in every instance, a copy of such standard form lease may be
sent in lieu of copies of actual leases.
v. A property owners’ association or other entity may perform this LURU’s duties, on behalf of some or all owners of the Brownfields Property, if said association or entity has accepted responsibility for such performance pursuant to a notarized instrument

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satisfactory to DEQ that includes at a minimum, the name, mailing address, telephone and
facsimile numbers, and e-mail address of each owner on whose behalf the LURU is proposed to be submitted.
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 31.a. of Exhibit A hereto, at the address stated therein. ENFORCEMENT The above land use restrictions shall be enforceable without regard to lack of privity of
estate or contract, lack of benefit to particular land, or lack of any property interest in particular land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The land use restrictions may also be enforced by DEQ through the remedies provided in NCGS § 130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having jurisdiction over any part of the Brownfields Property; and by any person eligible for liability
protection under the Brownfields Property Reuse Act who will lose liability protection if the restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the
same violation or as to one occurring prior or subsequent thereto. FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS

When any portion of the Brownfields Property is sold, leased, conveyed or transferred, pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the description section, in no smaller type than that used in the body of the deed or instrument, a statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a
brownfields property under the Brownfields Property Reuse Act.

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IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this _____ day of _______________, 2021. Tapestry Tyvola, LLC
By: __________________________________________ William Morris
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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ACKNOWLEDGMENT OF PROPERTY OWNER As the current owner, or representative of said owner, of at least part of the Brownfields Property, I hereby acknowledge recordation of this Notice of Brownfields Property and the land use restrictions contained herein.
Tapestry Tyvola, LLC By: _______________________________________________ ________________________ William Morris Date
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 ___________________________________ Notary’s printed or typed name, Notary Public
(Official Seal) 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: _________________________________________ ________________________ Michael Scott Date Director, Division of Waste Management

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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: Tapestry Tyvola, LLC UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Dick Keffer Pontiac Buick GMC OF 1997, NCGS § 130A-310.30, et seq. ) 1001 Tyvola Road and Brownfields Project No. 23064-19-060 ) 450 Minuet Lane Charlotte, Mecklenburg County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and Tapestry Tyvola, 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 1001 Tyvola Road and 450 Minuet Lane (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.
The Prospective Developer is Tapestry Tyvola, LLC, a Limited Liability Company,
headquartered at 2 North 20th Street, Suite 700, Birmingham, Alabama, 35203. Its manager is
William Morris, at the same address.
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 Tapestry Tyvola, LLC for contaminants at the Brownfields Property.
The Parties agree that Tapestry Tyvola, LLC’s entry into this Agreement, and the actions

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undertaken by Tapestry Tyvola, LLC in accordance with the Agreement, do not constitute an
admission of any liability by Tapestry Tyvola, LLC for contaminants at the Brownfields
Property. The resolution of this potential liability, in exchange for the benefit Tapestry Tyvola,
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 Tapestry Tyvola, 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 Exhibit 2 to this Agreement that
present 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 1001 Tyvola Road (Parcel ID 16908402) and 450 Minuet Lane (Parcel ID 16908410), Charlotte, Mecklenburg County Acreage Approximately 10.524
Current Property Owner Tapestry Tyvola, LLC
Current Land Use(s)
The northwestern portion of 1001 Tyvola Road is undeveloped wooded land and contains an unnamed tributary
to Kings Branch located southwest of the property. The
former automotive dealership was located on the southeastern portion of 1001 Tyvola Road. Operations ceased in 2018, the site buildings were razed in 2020, and the property is vacant.

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BROWNFIELDS PROPERTY INFORMATION SUMMARY
450 Minuet Lane is undeveloped wooded land.
Site Vicinity Land Use(s) Commercial and industrial use
Proposed Reuse(s) High-Density Residential, Office, Parking, Retail, and Commercial, with prior written DEQ approval
Public Benefits of Reuse Job Creation, Tax Base Increases, Revitalization of Blighted Areas, and Expanded Use of Public Transportation
Existing Land Use Restrictions Prior to Brownfields Agreement
A Notice of Residual Petroleum prohibiting the use of groundwater on the property was recorded in Deed Book 23513, Page 104-108 at the Mecklenburg County Register of Deeds on March 17, 2008.
ENVIRONMENTAL INFORMATION SUMMARY
Historical Operations & Contaminant Sources
i. From at least 1938 until 1976, the Brownfields Property was
primarily agricultural or undeveloped wooded land with two
residential structures along the eastern property boundary. ii. The main automotive dealership building was constructed in 1976 and operated as Dick Keffer Pontiac GMC. In 1987, a
small office building was constructed for truck sales and was
later used as a collision center office. A paint/autobody building was added onto the northern end of the dealership building in 2005.
iii. Historically, one gasoline (3,000 gallon) and two waste oil underground storage tanks (USTs; 550 gallon and 280 gallon) were used and subsequently removed from the property in 1992. In March 2008, NCDEQ issued a risk based No Further Action letter which included a Notice of Residual Petroleum
(NRP) prohibiting the use of groundwater on the property. iv. Twenty-three subgrade hydraulic lifts were located throughout the dealership’s service garage. In July 2019, the inground lifts and components were removed.
v. An oil/water separator was located in the southwest portion of the property and received fluids from floor drains located in the service garage and wash bay in the main dealership building.
vi. Three approximately 1,000-gallon waste oil above ground storage tanks were housed under covered containment along the northern portion of the dealership building.

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ENVIRONMENTAL INFORMATION SUMMARY
Current Operations/Activities 450 Minuet Lane remains undeveloped wooded land, and 1001
Tyvola Road has been vacant since 2018.
Contaminated Media
Soil/Sediment: The metals arsenic and hexavalent chromium
were detected in soil and sediment above the NC Residential
Preliminary Soil Remediation Goals, but within site-specific background concentrations. Diesel Range Organics in soil exceed the UST Section’s Action Level.
Groundwater: Volatile organic compounds benzene,
bromodichloromethane, dibromochloromethane, and 1,2-dichloroethane, and the metal chromium have been detected above North Carolina 15A NCAC 02L .0202 Groundwater Standards. Concentrations of benzene, bromodichloro-
methane, and 1,2-dichloroethane in groundwater exceed their
NC Residential Groundwater Vapor Intrusion Screening Level (VISL). Soil Gas: Volatile organic compounds benzene, 1,3-
butadiene, ethylbenzene, naphthalene, and tetrachloroethylene
were detected in soil gas above the NC Residential Soil Gas VISL. Surface Water: The metals cadmium and lead were detected
in surface water above the North Carolina 15A NCAC 02B .0211 Fresh Surface Water Quality Standards for Class C Waters.
ID Numbers/Permits UST Incident Number 27949 EPA ID No. NCD024493777
Onsite Receptors Considered Residents, on-site workers, construction workers, and visitors
Potential Offsite Receptors
Considered
i. The NCBP Receptor Survey is on file.

ii. No water supply wells or surface water intakes identified within 1,500 ft of the property
Potential offsite migration pathways
An unnamed tributary to King’s Branch flows generally from
northeast to southwest across the northern portion of the property.

4. Environmental reports regarding the Brownfields Property referred to hereinafter as
the “Environmental Reports,” include, but are not limited to:

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a. Those that the Prospective Developer obtained or commissioned regarding the
Brownfields Property:
Title Prepared by Date of Report
Brownfields Assessment Report – Dick
Keffer Pontiac Buick GMC
Hart & Hickman May 15, 2020
Phase II Environmental Site Assessment –
Vacant Automotive Dealership
Hart & Hickman July 29, 2019
Phase I ESA – Vacant Automotive Dealership Hart & Hickman April 26, 2019 b. Other available reports:
Title Prepared by Date of Report
Sampling Report S&ME, Inc. February 29, 2008
Limited Site Assessment Report S&ME, Inc. November 28, 2007
Underground Storage Tank Closure SPATCO Environmental April 1, 1993
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
submitting to DEQ a Brownfields Property Application (BPA) dated May 18, 2021, and
purchasing the Brownfields Property parcels, 1001 Tyvola Road (Parcel 16908402) and 450
Minuet Lane (Parcel 16908410) on April 19, 2021.
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

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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-
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

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following public benefits:
a. an increase in the Brownfields Property’s productivity;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of approximately 200 construction jobs and seven full-time jobs;
d. an increase in tax revenue for affected jurisdictions;
e. expanded use of public transportation which reduces traffic, improves air
quality, and reduces our carbon footprint; and
f. “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
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

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reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) areas incorporated into the U.S. Green Building Council Leadership in Energy
and Environmental Design certification program (Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Locations & Linkages,
Awareness & Education, Innovation in Design and Regional Priority), or a similar program.
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 12.b below.

VII. LAND USE RESTRICTIONS
12. By way of the Notice of Brownfields Property referenced below in paragraph 16,
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. The Notice of Residual Petroleum, previously recorded on March 17, 2008
pursuant to N.C. Gen. Stat. § 143B-279.9(b) and N.C. Gen. Stat. § 143B-279.11(g) in the
Mecklenburg County Register of Deeds, Book 23513, Pages 104-108, shall immediately be
SUPERSEDED upon the filing of the Notice of Brownfields Property with the Mecklenburg
County Register of Deeds. The land use restrictions set forth in this Brownfields Agreement and

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authorized by N.C. Gen. Stat. § 130A-310.35 shall become immediately applicable. All
references to DEQ shall be understood to include any successor in function.
a. No use may be made of the Brownfields Property other than for high-density
residential, office, parking, retail, and with prior written DEQ approval, other commercial uses.
For purposes of this restriction, the following definitions apply:
i. 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.
ii. Office is defined as the provision of business or professional services.
iii. Parking is defined as the temporary accommodation of motor vehicles
in an area designed for same.
iv. Retail is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and beverage products.
v. Commercial is defined as an enterprise carried on for profit or nonprofit
by the owner, lessee or licensee.
b. Physical redevelopment of the Brownfields Property may not occur other than

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in accord, as determined by DEQ, with an EMP approved in writing by DEQ in advance (and
revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is
consistent with all the other land use restrictions and describes redevelopment activities at the
Brownfields Property, the timing of redevelopment phases, and addresses health, safety and
environmental issues that may arise from use of the Brownfields Property during construction or
redevelopment in any other form, including without limitation:
i. demolition of existing structures, as applicable;
ii. issues related to known or potential sources of contamination,
including without limitation those resulting from contamination identified in paragraph III above,
and Exhibit 2;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered or newly accessible potential sources of
environmental contamination (e.g., USTs, ASTs, tanks, drums, septic drain fields, oil-water
separators, soil contamination);
iv. plans for the proper characterization of, and, as necessary, disposal of
building materials or contaminated soils excavated during redevelopment; and
v. plans for the proper removal of any above ground storage tanks (ASTs).
c. Within 90 days 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,

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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).
d. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
in paragraph 16 below shall be in accordance with applicable legal requirements, including
without limitation those related to lead and asbestos abatement that are administered by the
Health Hazards Control Unit within the Division of Public Health of the North Carolina
Department of Health and Human Services.
e. Within 90 days after the effective date of this Agreement, the known ASTs
shall be removed and addressed in accordance with a plan as identified above in subparagraph
12.b to the written satisfaction of DEQ.

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f. Groundwater 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 12.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 12.b., or a plan approved in
writing in advance by DEQ.
g. No activity that disturbs soil on the Brownfields Property in the Areas of
Potential Soil Contamination identified as “Area A” and “Area B” as depicted on the plat
component of the Notice of Brownfields Property referenced in paragraph 16, 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 12.a. above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24”;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection with work conducted in accordance with a DEQ-
approved EMP as outlined above in subparagraph 12.b.

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h. No use of the Brownfields Property may occur until the then owner of the
Brownfields Property conducts representative final grade soil sampling of any area within the
Brownfields Property pursuant to a plan approved in writing by DEQ that is not covered by a
minimum of 2 feet of demonstratable clean fill or landscaping soil, or by building foundations,
sidewalks, or asphaltic or concrete parking areas and driveways.
i. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined above in subparagraph 12.b.
j. 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 16, 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 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 the intrusion of subsurface vapors into
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 a professional engineer licensed in North Carolina,
as evidenced by said engineer’s professional seal, is satisfied that the design is fully protective of

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public health, 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 as-built diagrams, photographs, and a description of the installation, with
said engineer’s professional seal confirming that the engineer is satisfied that the system was
installed per the DEQ approved design. If any deviations from the system design were necessary
during installation, then the report shall include details on said deviations, as well as the
engineer’s seal certifying the VIMS, as installed, was installed in such a manner so as to be fully
protective of public health.
k. Unless an active VIMS is implemented for any high density residential
structures in accordance with subparagraph 12.j.ii. above, no occupancy of the Brownfields
Property for the uses defined in subparagraph 12.a may occur until a comprehensive work plan
for the installation and sampling of sub slab soil gas, and as determined by DEQ, indoor air for
each proposed apartment building is approved by DEQ. Said plan shall include at a minimum
three semi-annual sampling events (to include warm and cold weather events) and indicate the
hazard index for the property has remained unchanged or decreased during each consecutive
sampling event to propose for DEQ written consideration the relaxation or cessation of
monitoring requirements. The work plan will also include, at a minimum, details on schedule
and methodology for installation and sampling of permanent sub slab monitoring points for
VOCs by EPA Method TO-15 within one month after monitoring point installation and then
semi-annually for a minimum of three events. Should the analytical results obtained from any of
the sampling indicate exposures at the Brownfields Property that raise the risk to public health or

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the environment associated with the Brownfields Property beyond an acceptable range and in a
manner or to a degree not anticipated in this Agreement, DEQ may require that the then owner(s)
re-evaluate that risk for areas potentially subject to said risk and to take action to reduce said risk
to make the Brownfields Property suitable for the uses authorized below in subparagraph 12.a
while fully protecting public health and the environment.
l. 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.
m. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well or vapor sample point 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.
n. 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

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Law. The owner conveying an interest may use the following mechanisms to comply with the
obligations of this subparagraph: (i) If every lease and rider is identical in form, the owner
conveying an interest may provide DEQ with copies of a form lease or rider evidencing
compliance with this subparagraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XVII (Notice and Submissions); or (ii) The owner conveying an interest
may provide abstracts of leases, rather than full copies of said leases, to the persons listed in
Section XVII.
o. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as fuel or other fluids customarily used in vehicles, landscaping
equipment and emergency generators.
p. During January of each year after the year in which the Notice referenced
below in paragraph 16 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

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the land use restrictions are being complied with. The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact
person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year;
ii. the transferee’s name, mailing address, telephone and facsimile
numbers, and contact person’s e-mail address, if said owner transferred any part of the
Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems and any
associated subgrade vapor monitoring network installed pursuant to subparagraph 12.j. above are
performing as designed, and whether the uses of the ground floors of any buildings containing
such vapor barrier and/or mitigation systems have changed, and, if so, how.
iv. 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 subparagraph 12.n, above, and paragraph 17, below, of this Agreement provided
that if standard form leases are used in every instance, a copy of such standard form lease may be
sent in lieu of copies of actual leases.
v. A property owners’ association or other entity may perform this
LURU’s duties, on behalf of some or all owners of the Brownfields Property, if said association
or entity has accepted responsibility for such performance pursuant to a notarized instrument
satisfactory to DEQ that includes at a minimum, the name, mailing address, telephone and
facsimile numbers, and e-mail address of each owner on whose behalf the LURU is proposed to
be submitted.

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13. 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.
14. 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
15. In addition to providing access to the Brownfields Property pursuant to subparagraph
12.l. 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.

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16. 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 VII (Land Use Restrictions) 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.
17. 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 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

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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.
18. 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
19. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from 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 31.a. below
of any such required notification.
X. CERTIFICATION
20. 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 May 18, 2021, by which it applied for this

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Agreement. That use is that which is provided in paragraph 12.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
21. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
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

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that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
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.

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23064-19-060/Dick Keffer Pontiac/20211101 PC
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
22. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
23. 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.
24. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 21 through 23 above, apply to all of the persons listed in
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
25. 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
26. 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

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23064-19-060/Dick Keffer Pontiac/20211101 PC
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
27. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer’s duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
28. Except for the land use restrictions set forth in paragraph 12 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
29. 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

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23064-19-060/Dick Keffer Pontiac/20211101 PC
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XVI. PAYMENT OF ENFORCEMENT COSTS
30. 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
31. 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

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23064-19-060/Dick Keffer Pontiac/20211101 PC
Mail Service Center 1646 Raleigh, NC 27699-1646
b. for Prospective Developer: William Morris Tapestry Tyvola, LLC
2 North 20th Street, Suite 700 Birmingham, Alabama 35203 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.
XVIII. EFFECTIVE DATE
32. 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
33. 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)

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23064-19-060/Dick Keffer Pontiac/20211101 PC
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
34. 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.
35. 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.
36. 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
37. 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

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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.

IT IS SO AGREED: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY By: ____________________________________________________________________________ Michael Scott Date
Director, Division of Waste Management IT IS SO AGREED: TAPESTRY TYVOLA, LLC By:
____________________________________________________________________________ William Morris Date
TITLE
PROJECT
SITE LOCATION MAP
DICK KEFFER BROWNFIELDS SITE 1001 TYVOLA ROAD & 450 MINUET LANE CHARLOTTE, NORTH CAROLINA
DATE:
JOB NO:
REVISION NO:
FIGURE:
3-25-21 0
1SHR-004
SITE
0 2000 4000
APPROXIMATE
SCALE IN FEETN
U.S.G.S. QUADRANGLE MAP
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)
CHARLOTTE WEST, NORTH CAROLINA, 1996
EXHIBIT 1
23064-19-060/Dick Keffer Pontiac/20211101 PC

1
Exhibit 2 Brownfields Property Name: Dick Keffer Pontiac Buick GMC
Brownfields Project Number: 23064-19-060
The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred in March 2020. The following tables set forth, for contaminants present at the Brownfields Property above unrestricted use standards or screening levels, the
maximum 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
Maximum Concentration Exceeding Standard
(µg/L)
2L Standard
(µg/L)
Benzene MW-1 10/5/2007 5.1 1 MW-2 1/30/2008 7.1
Bromodichloromethane MW-1 10/5/2007 10.5 0.6
Chromium MW-2 10/5/2007 68.9 10
Dibromochloromethane MW-1 10/5/2007 2.6 0.4
1,2-Dichloroethane
MW-1 1/30/2008 2.2
0.4 MW-2 1/20/2008 3.9
TW-4 6/27/2019 1.8
TW-6 6/27/2019 4.3

23064-19-060/Dick Keffer Pontiac/20211101 PC

2
GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are derived from the Residential Vapor Intrusion Screening Levels of the Division of Waste Management (June 2021 version):

Groundwater Contaminant with
Potential for Vapor
Intrusion
Sample
Location
Date of
Sampling
Concentration
Exceeding Screening
Level (µg/L)
Residential VI
Screening Level1
(µg/L)
Benzene MW-1 10/5/2007 5.1 1.6 MW-2 1/30/2008 7.1
Bromodichloromethane MW-1 10/5/2007 10.5 0.88
Dibromochloromethane MW-1 10/5/2007 2.6 NE
1,2-Dichloroethane
MW-1 10/5/2007 2.2
2.2 MW-2 1/30/2008 3.9
TW-6 6/27/2019 4.3

1 Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NE – No established screening level. If no screening level is established, then the laboratory reporting limit is considered the screening level.
23064-19-060/Dick Keffer Pontiac/20211101 PC

3
SOIL Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from (i) the Preliminary Residential Health-Based Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section (June 2021 version), and (ii) the Underground Storage Tank (UST) Sections Action Levels (July 2016):
Soil Contaminant Sample Location Depth (ft) Date of Sampling
Maximum Concentration Exceeding Screening Level (mg/kg)
Residential Screening Level 1 (mg/kg)
Arsenic
BG-1* 2-4 6/26/2019 3.12
0.68
BG-2* 3-4 6/26/2019 2.45
BG-3* 3-4 6/26/2019 2.49
SB-2 5-6 6/24/2019 1.44
SB-11 4-6 3/17/2020 2.89
L-4A 8-10 3/17/2020 1.18
L-11/DUP-S-1 8-10 3/17/2020 2.05/2.34
L-15 8-10 3/17/2020 0.991
SED-1 0-0.5 3/17/2020 2.42
SED-2/DUP-S-2 0-0.5 3/17/2020 2.46/2.56
Chromium,
Hexavalent
BG-1* 2-4 6/26/2019 0.797 J
0.31
BG-2* 3-4 6/26/2019 0.634 J
BG-3* 3-4 6/26/2019 0.569 J
SB-2 5-6 6/24/2019 <0.319 2
SB-11 4-6 3/17/2020 0.396 J
L-1 8-10 3/17/2020 <0.332 2
L-4A 8-10 3/17/2020 <0.318 2
L-11/DUP-S-1 8-10 3/17/2020 0.374 J/0.354 J
L-15 8-10 3/17/2020 <0.327 2
L-17 8-10 12/3/2019 <0.323 2
SED-1 0-0.5 3/17/2020 0.934 J
SED-2/DUP-S-2 0-0.5 3/17/2020 <0.427 2/0.512 J
Isopropylbenzene SB-5 1-2 6/25/2019 0.16 J NE
p-Isopropyltoluene SB-5 1-2 6/25/2019 0.22 J NE
Diesel Range Organics (C10-C28)
L-1 8-10 6/27/2019 3,680
100 3
L-4A 8-10 6/27/2019 3,160
L-10 8-10 6/27/2019 127
L-11/DUP-3 8-10 6/27/2019 2,480/1,610
L-15 8-10 6/26/2019 903
L-17 8-10 6/26/2019 2,890
23064-19-060/Dick Keffer Pontiac/20211101 PC

4
Soil
Contaminant Sample Location Depth
(ft)
Date of
Sampling
Maximum Concentration
Exceeding Screening Level (mg/kg)
Residential
Screening
Level 1 (mg/kg)
L-18A 8-10 6/25/2019 903
L-20 8-10 6/25/2019 682
L-21 10-12 6/26/2019 281
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 Laboratory reporting limit exceeds the Residential Health-Based Preliminary Soil Remediation Goal. 3 NC Department of Environmental Quality (DEQ) Underground Storage Tank (UST) Section’s Action Level. * Indicates soil sample identified as representing background. NE – No established screening level. If no screening level is established, then the laboratory reporting limit is considered the screening level. J – Compound was detected above the laboratory method detection limit, but below the laboratory reporting limit resulting in a laboratory estimated concentration.
23064-19-060/Dick Keffer Pontiac/20211101 PC

5
SOIL GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from Residential Vapor Intrusion Screening Levels of the Division of Waste Management (June 2021 version):
Soil Gas Contaminant Sample Location Date of Sampling
Maximum
Concentration
Exceeding Screening
Level (µg/m3)
Residential
Screening Limit 1
(µg/m3)
Benzene
SG-3 6/27/2019 12 V
12 SG-6 3/18/2020 13
SG-8 3/18/2020 270
SG-9 3/18/2020 24
1,3-Butadiene SG-5 3/18/2020 23 3.1 SG-9 3/18/2020 16
Chloroform SG-2 6/27/2019 5.4 4.1 SG-5 3/18/2020 9.6
1,3-Dichlorobenzene
SG-2 6/27/2019 150
NE
SG-3 6/27/2019 120
SG-4 6/27/2019 73
SG-5 3/18/2020 64
SG-6 3/18/2020 47
SG-7 3/18/2020 7.3
SG-8 3/18/2020 11
SG-9 3/18/2020 90
SSV-6 3/18/2020 4.1
SSV-7 3/18/2020 9.2
Ethanol
SG-2 6/27/2019 14 JV
NE
SG-3 6/27/2019 18
SG-4 6/27/2019 18
SG-5 3/18/2020 54
SG-6 3/18/2020 1,200
SG-7 3/18/2020 790
SG-8 3/18/2020 110
SG-9 3/18/2020 99
SSV-1 6/25/2019 170
SSV-2 6/25/2019 190
SSV-3 6/25/2019 62
SSV-4/DUP-1 6/25/2019 190 V/190 V
SSV-5 6/25/2019 120
23064-19-060/Dick Keffer Pontiac/20211101 PC

6
SSV-6 3/18/2020 170
SSV-7 3/18/2020 430
SSV-8/DUP-SG-1 3/18/2020 8,900/5,700
Ethylbenzene
SG-5 3/18/2020 66
37 SG-6 3/18/2020 50
SG-8 3/18/2020 58
SG-9 3/18/2020 140
4-Ethyltoluene
SG-2 6/27/2019 26
NE
SG-3 6/27/2019 6.4
SG-4 6/27/2019 0.94 J
SG-8 3/18/2020 35
SG-9 3/18/2020 34
SSV-2 6/25/2019 5.3
Naphthalene
SG-2 6/27/2019 4.1 V
2.8 SG-3 6/27/2019 6.4 V
SSV-2 6/25/2019 26 V
SSV-8/DUP-SG-1 3/18/2020 4.0/3.4
Propene
SG-5 3/18/2020 390
NE SG-6 3/18/2020 230
SG-9 3/18/2020 450
Tetrachloroethylene SSV-4/DUP-1 6/25/2019 560/620 280
Trichlorofluoromethane
(Freon 11)
SG-2 6/27/2019 0.65 J
NE
SG-3 6/27/2019 1.2 J
SG-4 6/27/2019 1.3 J
SG-5 3/18/2020 1.7 J
SG-7 3/18/2020 1.2 J
SG-9 3/18/2020 1.3 J
SSV-1 6/25/2019 1.0 J
SSV-2 6/25/2019 0.83 J
SSV-3 6/25/2019 1.8 J
SSV-4/DUP-1 6/25/2019 0.81 J/1.3 J
SSV-5 6/25/2019 1.4 J
SSV-6 3/18/2020 1.1 J
SSV-7 3/18/2020 1.3 J
SSV-8/DUP-SG-1 3/18/2020 1.1 J/1.2 J 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 Laboratory reporting limit exceeds the Residential Vapor Intrusion Screening Levels. NE – No established screening level. If no screening level is established, then the laboratory reporting limit is considered the screening level. J – Compound was detected above the laboratory method detection limit, but below the laboratory reporting limit resulting in a laboratory estimated concentration. V – Calibration did not meet method specifications and was biased on the low side.
23064-19-060/Dick Keffer Pontiac/20211101 PC

7

SURFACE WATER
Surface water contaminants (in micrograms per liter, the equivalent of parts per billion), the unrestricted use standards for which are contained in Title 15A of the North Carolina Administrative Code, Subchapter 2B (November 1, 2019):

Surface Water Contaminant Sample Location Date of Sampling
Concentration Exceeding Standard
(µg/L)
Standard1
(µg/L)
Cadmium SW-1 3/17/2020 0.347 J 0.15 SW-2/DUP-W-2 3/17/2020 <0.160/<0.1602
Lead SW-1 3/17/2020 1.39 J 0.54 SW-2/DUP-W-2 3/17/2020 0.437 J/0.734 J
Mercury SW-1 3/17/2020 <0.4902 0.012 SW-2/DUP-W-2 3/17/2020 <0.490/<0.4902
Silver SW-1 3/17/2020 <0.3102 0.06 SW-2/DUP-W-2 3/17/2020 <0.310/<0.3102
1 Standards based on North Carolina 15A NCAC 02B .0211 Fresh Surface Water Quality Standards for
Class C Waters, using an assumed in-stream hardness of 25 mg/L to calculate a chronic freshwater aquatic life standard. 2 Laboratory reporting limit exceeds the chronic freshwater aquatic life standard.
J – Compound was detected above the laboratory method detection limit, but below the laboratory reporting limit resulting in a laboratory estimated concentration.
Exhibit C – Legal Description
Brownfields Property Name: Dick Keffer Pontiac Buick GMC Brownfields Project Number: 23064-19-060
BEING all that certain tract or parcel of land located within the City of Charlotte, Mecklenburg
County, North Carolina, and fronting on Tyvola Road near its intersection with Old Pineville
Road and also fronting on Minuet Lane and also fronting on the Norfolk-Southern Railroad, and
being more particularly described as follows:

BEGINNING at an existing iron rebar (“Beginning Point”) located at the intersection of the
northerly right-of-way margin of Tyvola Road, said right-of-way having a width of 100 feet as
shown on City of Charlotte engineering maps, and the easterly right-of-way margin of the
Norfolk-Southern Railroad Crossline Railway, said right-of-way having a width of 200 feet as
described in Deed Book 1775 Page 31 of the Mecklenburg County Registry, said existing iron
rebar Beginning Point having North Carolina State Plane coordinates of Northing = 520,559.36
feet and Easting = 1,438,088.24 feet as based on the Epoch 2010.0000 realization of the North
American Horizontal Datum of 1983, said datum having a combined factor of 0.9998443492 to
convert from the ground distances called herein, and running thence from said POINT AND
PLACE OF BEGINNING along the easterly right-of-way margin of the said Norfolk-Southern
Railroad Crossline Railway North 26-17-34 West 885.35 feet to a point; thence along the
southerly right-of-way margin of Minuet Lane, said right-of-way having a width of 60 feet as
shown on that certain plat recorded in Map Book 22 Page 494 of the Mecklenburg County
Registry, North 62-06-16 East 171.59 feet to an existing iron rebar; thence along the common
boundary line with Lot 1 as shown on that certain plat recorded in Map Book 25 Page 656 of the
Mecklenburg County Registry the following two (2) calls: (1) South 22-39-49 West 64.28 feet to
an existing railroad rail iron and (2) South 85-43-58 East 306.82 feet to an existing iron rebar;
thence along the common boundary line with Lot 2 as shown on that certain plat recorded in
Map Book 25 Page 656 of the Mecklenburg County Registry South 85-33-48 East 264.35 feet to
an existing concrete monument; thence along the common boundary line with Tract A as shown
on that certain plat recorded in Map Book 22 Page 494 of the Mecklenburg County Registry
South 85-44-07 East 169.44 feet to an existing iron pipe; thence along the common boundary
line with HQ I, LLC, as described in Deed Book 23648 Page 532 of the Mecklenburg County
Registry the following two (2) calls: (1) South 74-53-38 West 23.02 feet to a new iron rebar and
(2) South 02-46-20 East 124.62 feet to an existing iron rebar; thence along the common
boundary line with Lots 2B and 2A as shown on that certain plat recorded in Map Book 32 Page
965 the following three (3) calls: (1) South 87-37-26 West 104.25 feet to an existing iron rebar,
(2) South 02-26-26 East 129.81 feet to an existing surveyor’s nail and (3) South 02-22-50 East
127.83 feet to an existing iron pipe; thence along the common boundary line with Lot 1 as
shown on that certain plat recorded in Map Book 26 Page 512 of the Mecklenburg County
Registry the following two (2) calls: (1) South 02-19-06 East 214.93 feet to an existing iron pipe
and (2) North 87-37-35 East 5.24 feet to an existing iron rebar; thence along the common
boundary line with Lot 1 as shown on that certain plat recorded in Map Book 67 Page 512 of the
Mecklenburg County Registry South 02-44-53 West 150.10 feet to an existing surveyor’s pk
nail; thence following along the northerly right-of-way margin of the aforesaid Tyvola Road
following along the arc of a circular curve to the left having a radius of 1,959.86 feet and an arc
length of 370.99 feet (chord bearing South 89-39-49 West 370.43 feet) to the point and place of
BEGINNING, containing 10.5240 acres, more or less, as shown on a survey conducted by
Andrew G. Zoutewelle, North Carolina Professional Land Surveyor No. L-3098, dated February
9, 2021.