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HomeMy WebLinkAbout25065_Taylors Capital_RevBPA_20210820Moore&VanAllen August 20, 2021 VIA ELECTRONIC MAIL and FEDERAL EXPRESS North Carolina Brownfields Program Attention: Shirley Liggins North Carolina Department of Environmental Quality Division of Waste Management 1646 Mail Service Center Raleigh, North Carolina 27699-1646 Mary Katherine Stukes Attorney at Law T 704 3312456 f 704 378 2059 marykatherinestukes@mvalaw.com Moore & Van Allen PLLC Suite 4700 100 North Tryon Street Charlotte, NC 28202-4003 Re: Glenwood Three, LLC -- Brownfields Application Property Located at 117 S. Boylan St. and 615 W. Morgan St. in Raleigh, Wake County, North Carolina REDEVELOPMENT NOW OPTION Dear Ms. Liggins: I enclose an application to the Brownfields Program on behalf of Glenwood Three, LLC ("Glenwood"). Glenwood intends to redevelop the property located at 117 S. Boylan Street and 615 W. Morgan Street in Raleigh, Wake County, North Carolina, identified with Parcel ID numbers 1703481774 and 1703481885 (the "Property"). The Property is the third phase of a high -density development that Glenwood's affiliates have successfully developed through prior agreements with the Brownfields Program. If granted eligibility, Glenwood intends to redevelop the Property, along with a portion of the land subject to the Glenwood Properties brownfields agreement (NCBP # 19078-15-092), under a common Environmental Management Plan with DEQ's approval. We look forward to working with your program to redevelop this site successfully. As described in more detail in the application, one or more on -site and off -site releases have (or may have) resulted in the presence of certain environmental conditions at the Property. In light of these environmental impacts, the protection and benefits of a Brownfields Agreement are essential to realize the redevelopment of the Property. In addition to the Brownfields Property Application, location map (enclosed as Exhibit A), and link to environmental reports, I enclose a confidential addendum (enclosed as Confidential Exhibit A in the Federal Express transmission only) that provides additional information in response to Section VI.B. (regarding Glenwood's planned capital investment in the project), as well as an executed affidavit, the Redevelopment Now Fee Consent Form, and a check in the amount of $30,000. We believe that the information regarding Glenwood's planned capital investment in the project is business confidential information pursuant to the North Carolina Public Records Act, N.C. Gen. Stat. § 132-1 et seq. In particular, this information meets the requirements of N.C. Gen. Stat. § 130A-304 and § 132-1.2(1) because: Charlotte, NC Charleston, SC Shirley Liggins August 20, 2021 Page 12 (a) the information is a "trade secret" within the meaning of N.C. Gen. Stat. § 66- 152(3) because it is business information that "derives actual or potential commercial value from not being generally known or readily ascertainable ... by persons who can obtain economic value from its disclosure or use," and Glenwood's efforts to maintain the confidentiality of its planned capital investment is reasonable because of the potential impact the disclosure of such information could have on Glenwood's business interests in this or unrelated projects; (b) as a "legal or commercial entity," Glenwood is a "person" within the meaning of N.C. Gen. Stat. § 66-152(2); and (c) this information is being disclosed to the Brownfields Program in connection with Glenwood's proposed redevelopment of the above -referenced property under the Brownfields Property Reuse Act. Accordingly, we respectfully request that the enclosed Confidential Exhibit A be kept in a confidential file and not disclosed as a public record in connection with this brownfields project. In the event that you determine that this information is not entitled to confidential treatment, we also request that you inform us of such a determination in accordance with N.C. Gen. Stat. § 130A- 304(a)(1). We appreciate your consideration of this request. Please let me know if you have any questions or need anything further from Glenwood or me along these lines. Sincerely, vt,,� r� 4y_ Mary Katherine Stukes MKS Enclosures: as stated. Standard and Redevelopment Now Track Brownfields Property Application North Carolina Brownfields Program httUs:Hdeg.nc.gov/about/divisions/waste-management/bf I. PROSPECTIVE DEVELOPER (PD) CONTACT INFORMATION (USE TAB KEY TO GET TO NEXT DATA ENTRY LINE - DO NOT USE TIIE RETURN KEY) A. Prospective Developer ENTITY NAME ENTITY MANAGER MAILING ADDRESS EMAIL ADDRESS PHONE NUMBER FAX NUMBER WEBSITE GLENWOOD THREE, LLC Ryan Blair (as manager of Heritage Properties, Inc.) 1 Glenwood Ave., Raleigh, NC 27603 rblair@hpimd.com (410) 769-6139 (410) 321-4468 www.HeritagePropertieslnc.com PD CONTACT (IF DIFFERENT FROM ABOVE) REPRESENTATIVE I N/A EMAIL ADDRESS PHONE NUMBER B. Environmental Consultant (if applicable) COMPANY NAME GEO-TECHNOLOGY ASSOCAITES, INC. PROJECT MANAGER Paul Hayden MAILING ADDRESS 5605 Chapel Hill Rd., Suite 112, Raleigh, NC 27607 EMAIL ADDRESS PHayden@gtaeng.com PHONE NUMBER (443) 865-8274 FAX NUMBER N/A WEBSITE www.gtaeng.com C. Environmental Attorney (if applicable FIRM NAME ATTORNEY NAME MAILING ADDRESS EMAIL ADDRESS PHONE NUMBER FAX NUMBER WEBSITE MOORE & VAN_ALLEN PLLC Mary Katherine H. Stukes 100 N. Tryon St., Ste. 4700, Charlotte, NC 28202 marykatherinestukes@mvalaw.com (704)331-2456 (704)378-2059 www.mvalaw.com II. SITE INFORMATION A. Information regardingt HISTORIC NAME IF AVAILABLE) lie proposed Brownfields Property: TAYLORS CAPITAL SUNOCO _ 117 S. Boylan Street and 615 W. Morgan Street STREET ADDRESS CITY Raleigh COUNTY Wake ZIP CODE 27603 TAX ID(S) OR PIN(S) PINS 1703481774 & 1703481885 ACREAGE 0.85 acres The property located at 117 S. Boylan Avenue contained one dwelling as of 1909, which was expanded in 1914 and a detached two -car garage was constructed by 1950. These structures were razed between 1998 and PAST USE(S) 2002. The property located at 615 W. Morgan Street was depicted as a residential property with multiple dwellings from approximately 1909 to 1950. In the 1950's, this property was depicted with residential and commercial structures, and as of the 1970's, the property was depicted as a commercial property. The property located at 117 S. Boylan Avenue currently is vacant grassed and wooded land. The property located at 615 W. Morgan St. contains CURRENT USE(S) three one-story buildings with associated driveway and parking areas, which currently are partially occupied by a restaurant, yoga studio, and frame shop. ® On -property source(s) Explanation: Two heating oil underground storage tanks are present on the northeastern portion of the Brownfields Property, and the Brownfields Property was formerly used as a lawn mower/small engine repair facility, both of which are potential sources of contamination. Recent Phase II sampling confirmed the presence of benzene, arsenic, chromium, and lead above applicable standards in soil at the Brownfields Property. ® Off -property source(s) Explanation: There are two brownfields sites located adjacent to the Brownfields Property. The site known as Glenwood Properties, which is subject to a Brownfields Agreement (NCBP# 19078-15-092), is located CONTAMINANTS AND east and northeast of the Brownfields Property. Soil and groundwater THEIR SOURCE(S) contamination has been identified on the Glenwood Properties site. The other brownfields site, known as Glenwood Square, which is also subject to a Brownfields Agreement (NCBP# 22010-18-092), is north and northwest of the Brownfields Property. Soil and groundwater contamination has also been identified at the Glenwood Square site. Finally, there are documented petroleum impacts at two adjacent sites upgradient of the Brownfields Property: (1) the Allen S Automotive/Precision Franchising Inc. site to the northwest, and (2) the American Cancer/Tao Auto site to the north. ❑ Unknown source(s) Explanation: ❑ Contaminants have not yet been documented at the property Explanation: 2 0 ara 0 A• B. Contaminated Media Table. (If known or suspected, check appropriate boxes below:) Contaminant Surface Vapor Types Soil Groundwater Private Wells Water Intrusion Chlorinated ❑ Known ❑ Known ❑ Known ❑ Known ❑ Known Solvents: ❑ Suspected ❑ Suspected ❑ Suspected ❑ Suspected ❑ Suspected Petroleum (i.e. ® Known ❑ Known ❑ Known ❑ Known ❑ Known BTEX, PAHs): ® Suspected ® Suspected ❑ Suspected ❑ Suspected ❑ Suspected Other ® Known ❑ Known ❑ Known ❑ Known ❑ Known VOCs/SVOCs: ® Suspected ® Suspected ❑ Suspected ❑ Suspected ❑ Suspected Metals: ® Known ❑ Known ❑ Known ❑ Known ❑ Suspected ❑ Suspected El Suspected El Suspected __= _-___ El Known El Known ❑ Known El Known ❑ Known ❑ Suspected Mercury: 1 ❑ Suspected ❑ Suspected ❑ Suspected ❑ Suspected A C. Re ug latory Agency Involvement: List the site names and all identifying numbers (ID No.) previously or currently assigned by any federal, state or local environmental regulatory agencies for the property. The ID No's may include CERCLIS numbers, RCRA generator numbers for past and present operations, UST database, Division of Water Quality's incident management database, and/or Inactive Hazardous Sites Branch inventory numbers. (In many instances, the PD will need to actively seek out this information by reading environmental site assessment reports, reviewing government files, contacting government officials, and through the use of government databases, many of which may be available over the internet.) REGULATORY AGENCY I►F1.1 FACILITY/INCIDENT NUMBER I III. PROPOSED REDEVELOPMENT A. What are the planned use(s) of the redeveloped brownfields property to which the PDwill At this time, the PD plans to develop the property with an office tower, retail, parking, and potential other commercial uses. The planned office tower will be a third phase of the Bloc83 high -density development located immediately to the east and north of the Brownfields Property (including development of the southern part of the Glenwood Properties brownfields property in conjunction with the property that is the subject of this application). The first two phases of the Bloc83 development were successfully developed through the Brownfields Program by the PD's affiliates. Although not currently planned, the PD also would like to retain the flexibility to use the Brownfields Property for residential purposes in the future. 3 PROPOSED REUSE _ DETAILS ❑ INDUSTRIAL ® OFFICE ® PARKING ® RETAIL ❑ WAREHOUSING N COMMERCIAL ® MULTI -FAMILY RESIDENTIAL i.e. condos & apartments; no single-family or townhomes ® RECREATIONAL ❑ INSTITUTIONAL ® OTHER Parking, hotel B. Check all of the public benefits that will result from the urooertv's redevelopment. ® JOB CREATION © TAX BASE ® REVITALIZATION ❑ PRESERVED INCREASES OF BLIGHTED AREAS GREEN SPACE ❑ PRESERVED ❑ AFFORDABLE/ ❑ ENVIRONMENTAL © EXPANDED USE HISTORIC PLACES WORKFORCE CLEANUP ACTIVITIES OF PUBLIC HOUSING TRANSPORTATION ❑ RENEWABLE ❑ PUBLIC ® DIRECTED ❑ CONSERVATION ENERGY HEALTH RISK RESOURCES EASEMENT REMEDIATION Describe any additional public benefits below: 1. Creation of additional jobs during construction and redevelopment of the site, as well as permanent retail and office jobs. 2. Spur to additional community investment and development in the area resulting in further tax base and employment opportunities. 3. Positive impacts on the surrounding business community. 4. Tax base improvement with regard to real property and business activity in the surrounding area, including both increased property tax bases and taxes associated with increased economic activity. 5. Beneficial use of the property and creation of density in a rapidly-densifying area, thereby avoiding the use of "green space" in other areas of the community. 6. Aesthetic enhancements. In gauging public benefit, NCBP places great value upon letters of support from community groups and local government that describe anticipated improvements in quality of life_for neighboring communities that the project will bring about. The inclusion ofsuch support letters with this 4 application is recommended and encouraged.) Special Note: Please describe all enviromnent-friendly technologies and designs PD plans to utilize in its redevelopment strategy. For example, environment friendly redevelopment plans could include: Leadership in Energy and Environmental Design (LEED) Certification, green building materials; green landscaping techniques such as using drought resistant plants; energy efficient designs, materials, appliances, machinery, etc.; renewable sources of energy, and/or recycling/reuse of old building materials such as brick or wood. At this time, the PD intends to pursue an Energy Star rating for the project. IV. SITE MEETS STATUTORY BROWNFIELDS DEFINITION (§NCGS.130A-310.3l.b Definition of a `Brownfields Property" or "Brownfields Site') A. Is the property abandoned, idled, or underused? Explain: The property is ideally located at a premier intersection in downtown Raleigh surrounded by burgeoning commercial development and urban density, yet a portion of the property currently contains only vacant grassed and wooded land and the corner parcel is only partially developed with one-story, low density buildings and surface parking. It is suited to a higher density use. B. Is future redevelopment hindered at the property? Explain: Before the PD acquires the property and incurs the costs associated with the redevelopment of the property, it needs to ensure that the property can safely be used through the Brownfields Program, and that it and future owners and occupants will have the protections and benefits afforded by a brownfields agreement. Further, the availability of financing for the redevelopment of the property will depend on the property's entry into the Brownfields Program. Thus, given the current condition of the property and its proposed ideal use, a brownfields protection is critical for the safe redevelopment and success of the property. C. Location Map: PD must provide a copy of the relevant portion of the 1:24,000 scale U.S.G.S. topographic quadrangle may that shows the location of the property, clearly plotted, and that measures at least an 8 '/2 by 11 inches. (Note: these maps can be purchased through the above link, or often through retail outdoor recreation stores that can print out the relevant map. Often environmental reports have location maps that use this type of map format as the base for its location map.) Is the required location map included with this application? ® Yes — Attached as Exhibit A. D. Survey Plat: PD must provide a preliminary survey plat of the property with the Proposed Brownfields Property boundaries clearly identified. At this stage of the brownfields process, one or more existing survey plats from a previous property conveyance will suffice. (Before the brownfields project enters the public comment phase of the brownfields process, the PD will be required to submit a final brownfields survey plat which includes the information listed in the brownfields survey plat guidance.) Is the required preliminary survey plat included with this application? ❑ Under development; will be provided as soon as it is available. E. Legal Description: PD must provide a legal description with metes and bounds that matches the Proposed Brownfields Property description on the plat. Is the required preliminary legal description included with this application? ❑ Under development; will be provided as soon as it is available. F. Site Photographs: PD must provide at least one pre -redevelopment photograph of the property, in electronic format, that shows existing facilities and structures. Electronic copies of photographs should be emailed to: hirley,.Ligg'nc .ncdenr,gov with a clear indication as to which Brownfields Application they apply to. Have electronic copies of the photographs been emailed to NCBP? ® Yes G. Environmental Reports/Data: If it makes an affirmative eligibility determination, the NCBP will request that PD provide any and all existing environmental reports and data for the property in electronic format. The brownfields process may be expedited if PD submits such reports/data with this application. Are any environmental reports/data being submitted with this application? © Yes The environmental reports described below can be accessed via the following link: https://mva.sharefile.com/d-s73224197ddO34aea995ab33e34d97c49. Please provide the title, date and author of each item being submitted: Report Phase I Environmental Site Assessment, 117 S. Boylan Ave. Phase I Environmental Site Assessment, 615 W. Morgan St. Limited Phase II Environmental Site Assessment, 615 W. Morgan St. Environmental Reports Prepared by GTA Associates, Inc. NOVA Engineering and Environmental, Inc. NOVA Engineering and Environmental, Inc. Date February 21, 2018 March 17, 2020 April 16, 2020 V. PD APPLICANT MEETS STATUTORY DEFINTION OF PROSPECTIVE DEVELOPER (¢NCGS.130A-310.31.b Definition @a "Prospective Developer') A. Information regarding all parent companies, subsidiaries or other affiliates of PD (attach separate sheet(s) if necessaty): f:iR)01SF_ AN, 1'I"1,;1. NAME PERCENT OF OWNERSHIP MAILING ADDRESS EMAIL ADDRESS CLICK OR TAP HERETO ENTER TEXT. Heritage Properties, Inc. 100% 1 Glenwood Ave., Raleigh, NC 27603 rblair@hpimd.com PHONE NUMBER (410) 769-6139 FAX NUMBER (410) 321-4468 B. Managers of manager -managed LLCs are required to execute all brownfield documents for the LLC; as to member -managed LLCs, state name of member who will sign these documents. Ryan Blair (as manager of Heritage Properties, Inc.) C. List all parent companies, subsidiaries and other affiliates: The sole member of Glenwood Three, LLC, Heritage Properties, Inc., has numerous affiliates (including single -purpose entities created for real estate purposes) unrelated to this project or property. PROPERTY OWNERSHIP ❑ PD OWNS PROPERTY ® PD DOES NOT OWN PROPERTY ® PD HAS PROPERTY UNDER CONTRACT ❑ PD DOES NOT OWN OR HAVE THE PROPERTY UNDER CONTRACT If other, explain: ATE OF PURCHASE CURRENT PROPERTY OWNER INFORMATION 615 W. Morgan St. NAME: Crocker Family Properties, LLC ADDRESS: 3204 Keighley Forest Dr., Wake Forest, NC 27587 PHONE NUMBER: Unknown EMAIL ADDRESS: Unknown 117 S. Boylan Ave. NAME: Betty Poole Brinkley ADDRESS: 4800 Yates Mill Pond Rd., Raleigh, NC 27606-9495 PHONE NUMBER: Unknown EMAIL ADDRESS: Unknown DATE OF CONTRACT PD is under contract to purchase the property located at 615 W. Morgan St. and expects to purchase it on or before April 2022. PD began ground leasing the property located at 117 S. Boylan Ave. on April 2, 2018 with an option to purchase it, and plans to purchase that parcel within the next several years. D. Describe all activities that have taken place on the property since PD or PD's parents, subsidiaries and/or other affiliates, and/or lessees or sublessees of PD, took ownership of or operated at the property (e.g., industrial, manufacturing or commercial activities, etc.). (Include a list of all regulated substances as defined at NCGS § 130A-310.31(b)(11) that have been used, stored on, or otherwise present at the property while those activities were conducted, and explain how they were used.) The PD has not commenced operations on the property, except for diligence activities and investigations, including environmental investigations. As noted above, the PD is currently ground leasing the 117 S. Boylan Property, which is currently vacant grassed and wooded land. E. Brownfields Affidavit: PD must provide its certification, in the form of a signed and notarized original of the unmodified model brownfields affidavit provided by NCBP, that it did not cause or contribute to contamination at the property and that it meets all other statutory eligibility requirements. (Note: The form to use for this affidavit is attached to this application. An original hard copy of this affidavit must be filled out, signed, notarized and submitted with this application) Is the required affidavit, as described above, included with this application? ® Yes F. PD Entity is registered with the North Carolina Secretary of State office. ® Yes VI. PD APPLICANT'S STATUTORY DEMONSTRATIONS/ADMINSITRATIVE REQUIREMENTS (§NCGS.130A-310.32(a) regarding demonstrations made by prospective developer) A. Current tax value of brownfields property: $ 4,558,100 B. Estimated capital investment in redevelopment project: This information is included under separate cover (Confidential Exhibit A) as business confidential information pursuant to the North Carolina Public Records Act. C. Does PD have or can it obtain the financial means to fully implement a Brownfields Agreement and assure the safe reuse of the property? Submit, in hard copy under a separate cover, supporting documentation such as letters of credit, financial statements, etc. Answer: Yes. Explanation: The PD is an experienced real estate developer, having developed over 6,000,000 square feet of commercial real estate since its inception in the late 1970's. The PD currently manages over 1,200,000 SF of commercial real estate, and has an ownership stake in all of those properties. Additionally, the PD has successfully completed two brownfields projects (Glenwood Square; NCBP # 22010-18-092 & Glenwood Properties; NCBP #19078-15-092) adjacent to the property. The PD is applying for the Brownfields Agreement as part of its due diligence for the purchase and financing of the property. The PD is confident that its application for (and eventual execution of) a Brownfields Agreement will be required to obtain financing for the property. The financing of the property will provide the financial means to implement the Brownfields Agreement. D. Does PD have or can it obtain the managerial means to fully implement a Brownfields Agreement and assure the safe use of the property? Answer: Yes. Explanation: The PD has retained professionals, including Moore & Van Allen PLLC, who are experienced in brownfields redevelopment and the implementation of brownfields requirements in particular. These professionals (i) have significant experience with the Brownfields Program and the redevelopment of challenged properties, and (ii) are aware of the work and restrictions that are typically included in brownfields agreements to assure the safe use of property. The combination of these resources will ensure successful implementation of a brownfields agreement and safe use of the property. E. Does PD have or can it obtain the technical means to fully implement a Brownfields Agreement and assure the safe use of the property? Answer: Yes. Explanation: Please see our responses to Questions I.0 and I.D, above. The PD has the technical ability to fully implement a brownfields agreement and to assure the safe use of the property. It has a range of engineering and environmental experience available to it. In particular, the PD has retained GTA Associates, Inc. to manage the technical aspects of both this application and the implementation of an eventual brownfields agreement (including technical "work to be performed"). GTA Associates, Inc. has worked on numerous brownfields projects in the state and is thoroughly familiar with the technical aspects and requirements of the brownfields program. F. Does PD commit that it will comply with all applicable procedural requirements of the NCBP, including prompt paymentof all statutorily required fees? ® Yes G. Has PD complied, if PD has had a prior project in the NCBP, with all applicable procedural requirements of the NCBP, including prompt paymentof all statutorily required fees? Yes. PREVIOUS BROWNFIELDS PROJECTS_ NCBP PROJECT ID r NCBP PROJECT PD ENTITY BROWNFIELDS NAME NAME _ _PROJECT MANAGER NCBP #19078-15-092 Glenwood Pro erties Glenwood HPI, LLC James Rudder 1 NCBP #22010-18-092 `Glenwood Square _ _ i Glenwood Two, LLC Kelly Johnson VII. FEES To produce a Brownfields Agreement, the Act requires that the developer pay fees to offset the cost to the Department of Environmental Quality and the Department of Justice. In satisfaction of the Act, the following fees apply to a Brownfields Agreement, subject to negotiation of the Brownfields Agreement. There is a Standard Fee Option and a "Redevelopment Now" Fee Option. For more details, see our website, www.nebrownfields.org. Select one of the following fee options below: The Standard Fee Option a. $2,000 initial fee will be due from the applicant PD when both of the following occur: 1) NCBP receives this application and affidavit; AND, 2) NCBP notifies the applicant in writing that the applicant PD and the project are eligible for participation in the NCBP and continued negotiation of a Brownfields Agreement. b. A second fee of $6,000 will be due from the PD prior to execution of the Brownfields Agreement. Should the Prospective Developer choose to negotiate changes to the agreement that necessitate evaluation by the Department of Justice, additional fees shall apply. M ❑ Please check this box and initial below to indicate your application is under the Standard Brownfields fee structure. Fee will be invoiced. Click or tap here to enter text. Click or tap to enter- a (late. Initial Date of Submittal The Redevelopment Now Fee Option a. A $30,000 fee due with this application (fully refunded if not found to eligible). b. A Signed Fee Consent Document. ® Please check this box and initial below to indicate your application is under the Redevelopment Now Program Option and your acknowledgement of the alternate fee structure as outlined in the Redevelopment Now Fee Consent Document. Fee should be submitted with this application. Click or tap here to enter text. Click or tap to enter a date._ Initial R-j?j Date of Submittal Other Potential Fees to be aware of in satisfaction of the statute: $114// "24 c. Any addendum/modifications to the BFA or NBP after they are in effect will result in an additional fee of at least $1,000 for defraying costs to DEQ for addendum/modification. d. In the unexpected event that the environmental conditions at the property are unusually complex, such that NCBP's costs will clearly exceed the above amounts, NCBP and PD will negotiate additional fees as appropriate. 10 North Carolina Brownfields Program Redevelopment Now Fee Consent Document I, the undersigned, am the authorized agent of Glenwood Three, LLC ("Prospective Developer"), who seeks to engage the North Carolina Brownfields Program ("Program") to develop a Brownfields Agreement under N.C.G.S. 130A-310.30, et seq. for the following property: Historic Site Name: Taylors Capital Sonoco Street Address: 615 W. Morgan St., 117 S. Boylan St. City: Raleigh Zip Code: 27603 County: Wake Prospective Developer is herewith paying a $30,000.00 fee to the Program, by check payable to "NCDEQ," in satisfaction of a Prospective Developer's obligations under N.C.G.S. 130A-310.39(a). Prospective Developer understands that payment of this fee entitles Prospective Developer to expedited Program review of technical documents and processing of a draft Brownfields Agreement and ancillary documents regarding the project in question. Prospective Developer further understands that payment of this fee in no way guarantees successful completion of the Brownfields process regarding the project. I understand that, pursuant to payment of the fees, the Program shall handle the subject project under the Program's expedited processing provisions, with appropriate staff resources, so long as Prospective Developer is engaging in the process in good faith and complying with the Program's procedures. Should the Program determine that the resources required to complete the brownfields process in regard to the subject project ever exceed the fee set forth herein due to unforeseen technical, administrative, or regulatory complexities, the Program may (1) remove the project from the expedited processing program and return it to standard processing status, or (2) expend resources it deems reasonable seeking to negotiate an additional fee that the Program deems sufficient to complete the Brownfields process in regard to the project. Disclaimers: 1) The Program makes no promises or claims that payment of the subject fee will result in successful completion of the Brownfields process regarding this project. 2) Public comment shall be solicited pursuant to N.C.G.S. 130A-310.34, and may affect the outcome of the Brownfields process regarding this project, including without limitation its timing and/or provisions/features of the Brownfields documents and plat. Prospective Developer: Glenwood Three, LLC Mailing Ad�jpss:I Glenwood Ave., Raleigh, NC 27603 By: ar 7 Name;Wrp nted: ftyan Blair Date: $'l(F 1z02 ( Title typo i ed: Ai*rized Representative of Glenwood Three, LLC 11 NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: Glenwood Three, LLC UNDER THE AUTHORITY OF ) AFFIDAVIT NORTH C IN�EN�tAL RE:RESPONSIBI> Y STATUTES 3 OA-3 30, seq. AND COMPLIAN Ryan Blair, bein&ly s*rn, hereby de0and A 1. I am Manager of Glenwood Three, LLC. 2. I am fully authorized to make the declarations contained herein and to legally bind Glenwood Three, LLC. 3. Glenwood Three, LLC is applying for a Brownfields Agreement with the North Carolina Department of Environmental Quality, pursuant to N.C.G.S. 3 130A, Article 9, Part 5 (Brownfields Act), in relation to the following parcels in Raleigh, Wake County, North Carolina: 117 S. Boylan Ave. and 615 W. Morgan St., Parcel ID numbers 1703481885 and 1703481774. 4. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that Glenwood Three, LLC, and any parent, subsidiary or other affiliate meets the eligibility requirements of N.C.G.S. 3 130A-310.3 l (b)(10), in that it has a bona fide, demonstrable desire to develop or redevelop, and did not cause or contribute to the contamination at, the parcel(s) cited in the preceding paragraph. 5. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that Glenwood Three, LLC meets the eligibility requirement of N.C.G.S. 3130A-310.32(a)(1) in that it and any parent, subsidiary or other affiliate have substantially complied with: a. the terms of any brownfields or similar agreement to which it or any parent, subsidiary or other affiliate has been a party; b. the requirements applicable to any remediation in which it or any parent, subsidiary or other affiliate has previously engaged; c. federal and state laws, regulations and rules for the protection of the environment. Affiant further saith not. Signature/Printed Name: 4b. 816,1 r Date: S f lw (Z021 AN.�a WcU Sworn and subscAbed before me ? v NOTAR)' I 11,� ,,,, II COMMISS MY this tLg—day of k 4J = 4 IOI+I EXPIRES 's0 V o Public �S My commission expires: (SEAKZry . UBL1C,Ct.10 %P.N covN,�N. 12 EXHIBIT A T [rd ar r� t , _ Morrisville i 3 ! CARY Ir r White Oak Apex 1 Swift Creek sL r FIGURE 1 SITE LOCATION MAP SOURCE: www.mapquest.com http://www.web.edrnet.com DATE:2020 SCALE: As Shown Millbrook Sub)eci Property ! LEIGH at w. - Narpon.11 i v �`Gimer ~IcnigAtdale aw z z F Z x yIIIr � A • � ylj L' �1 <' W Edenton St y' W Edenton Sr +Sl - y - burnugbt St lr.ilsb,aouglr gr z Z Hillsborough St ILL t fill Ilii _ Hillsborough S, 0 3 W Mnlga" Y W Mar W Morgan }lMorgan- • j�jrE II', -- t W St W Morgan St Subject Property I f ! N'rrw�rrlS WHnr9N151 05 rn Y _ VI Ma in 51 _ N' nlln Sri W - amont C.r Glenwood Three, LLC managed by NOVA Heritage Properties, Inc. 615 W Morgan Street Site Raleigh, Wake County, NC PROFESSIONAL I PRACTICAL I PROVEN NOVA Project Number 10727-3020004 • 'bhnson St rr m park EX 9� £ tucker St �? %Q0, d 2 %v ��c�W North Sz e Wo 1w m dy cou" Pr w Lan* is z ptk Py di North ( of Natt H"'Sbo►ough St North Carolina F ELLINGTON PLACE State Capild W Morgan St rd Governor 65 j R a I e i Morehead School Central Prison .1 0 z u, rn hE Pat Authentic a, Barbecue 0 o Cn &1Vd cu o wQs�4. Raleigh (] o Raleigh o Convention Center W lenom sl r� Heritage Park 46 `N scx s fie`. Op Approximate Subject Property Boundary 0 500 1,000 Notes tz! �ase Image obtained from Google Maps (©2017 Google). Approximate Scale 1 inch = 1,000 feet GEO-TECHNOLOGY ASSOCIATES, INC. 117 S. BOYLAN AVENUE W GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS 14280 PARK CENTER DRIVE, SUITE A i LAUREL, MARYLAND 20707 WAKE COUNTY, NORTH CAROLINA (410) 7 AX: (41) 92-7 95 4470 FAX:(410)792-7395 www.gtaeng.com SITE LOCATION MAP © Geo-Technology Associates, Inc. PROJECT: 35172516 DATE: JANUARY 2018 SCALE: 1' = 1,000' DESIGN BY: JRW REVIEW BY: LMD FIGURE: 1 C414VIDONVIAL EXHIBIT A 1