26027_Downtown South-Penmarc_BPA_20220323

March 23, 2022
Holly Samaha-Smith
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Subj: MK South III, LLC — Penmarc Brownfields Property Application
BPN 23087-19-092
Dear Ms. Samaha-Smith:
Please find attached our revised Brownfields Property Application to add the Penmarc land parcels to the
Downtown Raleigh Entertainment District redevelopment site. The district will include a multi -use sports
and entertainment stadium surrounded by more than $1.9 billion in private of retail, office space, and
housing development.
The project is intended to completely repurpose a large portion of underutilized South Raleigh. Over the
next 15 years, the district is expected to generate $3.8 billion in economic activity. Additionally, the
project will create close to six thousand jobs, and generate $20 million in annual city/county property tax
revenue and $3.7 million in new annual Interlocal Funds contributions.
As you are aware, our intent is to add the Penmarc parcels to the existing 11-acre Raleigh Reclamation
property to create a single Brownfields Property. Raleigh Reclamation was enrolled and deemed eligible
to participate in the Brownfields Program on June 30, 2020 (BPN 23087-19-092). As noted in the
application, we do not intend to make the six -to -seven -acre Walnut Creek conservation area part of the
Brownfields Property.
This applicant is being made by MK South III, LLC, which is wholly -owned by me. The applicant and
current owner of the Raleigh Reclamation portion of the site is MK South II, LLC, also wholly -owned by
me. This current ownership structure will be reorganized over time with equity investors and the Kane
Realty Corp. forming a new joint venture to take the project forward. We will keep you fully apprised of
ownership and organizational changes.
If you have any questions on the application, please feel free to contact our lead development associate
with Kane Realty, Lewis Hobbs, at 919.719.3573 ([e-mail]), or our environmental
consultant, John Gallagher, at 919.522.7289 (jgal lagher(i),aptusmgmt.corn).
Finally, on behalf of our entire team, I would like to take this opportunity to thank you and your staff for
all the support. Participation in the NC Brownfields Program has and continues to be a critical component
of our focus on helping to create sustainable, vibrant urban places.
Stephen Malik
MK South III, LLC

Standard and Redevelopment Now Track
Brownfields Property Application
North Carolina Brownfields Program
https://deg.nc.gov/about/divisions/waste-management/bf
I. PROSPECTIVE DEVELOPER kPD) CONTACT INFORMATION
{USE TAB KEY TO GET TO NEXT DATA ENTRY LINE - DO NOT USE THE RETURN KEY}
A. Prospective Developer
ENTITY NAME
ENTITY MANAGER
MAILING ADDRESS
EMAIL ADDRESS
PHONE NUMBER
FAX NUMBER
WEBSITE
MK SOUTH III, LLC
Stephen Malik
4321 Lassiter at North Hills, Suite 250, Raleigh, NC 27609
[e-mail]
919.833.7755
919.833.2473
http://kancrealtycolp.com/
PD CONTACT IF DIFFERENT FROM ABOVE
REPRESENTATIVE Tripp Andracchio
EMAIL ADDRESS [e-mail]
PHONE NUMBER 919.833.7755
B. Environmental Consultant (if applicable)
COMPANY NAME
PROJECT MANAGER
MAILING ADDRESS
EMAIL ADDRESS
PHONE NUMBER
FAX NUMBER
WEBSITE
PLLC
John Gallagher, PE
109 Amber Ct, Carrboro, NC 27510
j [e-mail]
919.522.7289
NA
Aptusmgmt.com
C. Environmental Attorney (if applicable)
FIRM NAME
ATTORNEY NAME
MAILING ADDRESS
EMAIL ADDRESS
PHONE NUMBER
FAX NUMBER
WEBSITE
Smith Law
Stephen Parascandola, Smith Law
150 Fayetteville Street, Suite 2300, Raleigh, North Carolina 27601
[e-mail]
919.821.6775
919.821.6800
ti)://www.SmithLaw.com/

II. SITE INFORMATION
A. Information regarding the proposed Brownfields Property:
HISTORIC NAME Penmare
(IF AVAILABLE)
STREET ADDRESS
CITY
COUNTY
ZIP CODE
TAX ID(S) OR PINS)
ACREAGE
PAST USES)
CURRENT USE(S)
CONTAMINANTS AND
THEIR SOURCES)
1009 126, 150, 130, 120, 201 Penmarc Dr; 1821, 1801, 1811, 1809, 09 1615,
1731, 1727, 17179 1701 S Saunders St; 1640, 1632, 1628, 16249 1616, 1639,
1620, Green St; 201 Gilbert Ave
Raleigh
Wake
27603
1702492952, 1703402054, 1703402145, 1703402242, 1703402342,
1703402443,1703402539,1703402735,1703402838,1703404666,
1703406591,1703412400,1703413123,1703413159,1703413219,
1703413254,1703413364,1703413440,1703413593,1703415274,
1703418217,1703501032,1703501517,1703502802
45.29 (This is the acreage of all parcels listed above but will decrease
after recombination of the parcels for redevelopment by six to seven
acres for the Walnut Creek greenway and associated flood area and
wetlands, which will become a permanent conservation and recreational
easement.)
A mix of commercial and retail development.
The Penmarc property includes 24 parcels of land. A number of the Penmarc
parcels are currently developed for commercial and retail uses and occupied
by a variety of businesses. Two of the currently vacant parcels were previously
in commercial use. The balance of the site is vacant land that has not been
developed.
The Brownfields Property does not include Walnut Creels greenway and
associated flood area and wetlands located along the eastern edge of the
Penmarc property as shown in the attached McAdams Overall Site Plan C2.00.
® On -property source(s) Explanation: An on -site dry-cleaning operation at
1 539 Green St. A diesel UST removed from 201 Penmarc Dr. without
regulatory oversight in approximately 1983.
® Off -property source(s)
Explanation: Old Raleigh Landfill #6 located to the north. Raleigh
Reclamation site. Volatile Organic Compound (VOC) contamination at the
adjacent Rockwell/Flowserve site.
❑ Unknown source(s)
Explanation: Click or tap here to enter text.
❑ Contaminants have not yet been documented at the property
Explanation: Click or tap here to enter text.
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B. Contaminated Media Table. (If known or suspected check appropriate boxes below:)
Contaminant
Types
Chlorinated
Solvents:
Petroleum
BTEX,
PAHs):
Other
VOCs/SVOCs:
Metals:
Mercury:
Soil Groundwater
❑ Known
® Suspected
❑ Known
® Suspected
❑ Known
❑ Suspected
❑ Known
❑ Suspected
❑ Known
❑ Suspected
❑ Known
® Suspected
❑ Known
Suspected
❑ Known
❑ Suspected
❑ Known
❑ Suspected
❑ Known
❑ Suspected
Surface
Water
❑ Known
O Suspected
❑ I�Iown
❑ Suspected
❑ Known
❑ ;uRnectect
❑ Known
❑ Suspected
❑ Known
❑ Suspected
Private Vapor
Wells Intrusion
Known
El Known
❑
❑ Suspected Suspected
❑ Known El Known
❑ Suspected
Suspected
❑ Known ❑ Known
❑ Suspected El Suspected
❑ Known
❑ Suspected
- - ❑ Known t
❑ Known n? ❑ Suspected
❑ Suspected 4
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C. Regulatory 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
DEQ Brownfields
FACILITY/INCIDENT NUMBER
BPN 23087-19-092
III. PROPOSED REDEVELOPMENT
A. What are the planned use(s) of the redeveloped brownfields property to which the PD
will conunit?
PROPOSED REUSE
❑ INDUSTRIAL
® OFFICE
® RETAIL
®WAREHOUSING
� COMMERCIAL
® MULTI -FAMILY
RESIDENTIAL
i.e., condos &apartments; no single-
family or townhomes
® RECREATIONAL
® INSTITUTIONAL
® OTHER
DETAILS
Click or tap here to enter text.
Large-scale mixed -use development
Large-scale mixed -use development
Large-scale mixed -use development
Large-scale mixed -use development
Large-scale mixed -use development
Large-scale mixed -use development
Multi -purpose stadium for sports events, concerts, festivals
and other uses
Large-scale mixed -use development
Large-scale mixed -use development
B. Check all of the public benefits that will result from the property's redevelopment.
® JOB CREATION
®TAX BASE
INCREASES
®REVITALIZATION Xi
OF BLIGHTED AREAS C
PRESERVED
REEN SPACE
❑PRESERVED
© AFFORDABLE/
® ENVIRONMENTAL
® EXPANDED USE
HISTORIC
WORKFORCE
CLEANUP ACTIVITIES
OF PUBLIC
PLACES
HOUSING
TRANSPORTATION
® RENEWABLE
® PUBLIC
❑ DIRECTED
❑ CONSERVATION
ENERGY
HEALTH RISK
RESOURCES
EASEMENT
REMEDIATION
Describe any additional public benefits below:
The project is expected to completely repurpose a portion of underutilized South Raleigh and
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generate substantial benefits to the local and state-wide economy. A recent independent economic
impact study commissioned through Economic Leadership LLC, concluded that over the next 15
years the Downtown Raleigh Entertainment District would generate $3.8 billion in economic
activity for Wake County. Additionally, the project would generate 5,900 jobs in the county,
$20 million in annual city/county property tax revenue, and $3.7 million in new annual Interlocal
Funds contributions.
Importantly, the aleredevelopment area is in NC -designated Opportunity Zones for
Census Tracts 37183050900 and 37183054500 in South Raleigh. Opportunity Zones are focused
on economic development and are an incentive for long-term investments in under -served, low-income
urban and rural communities. The census tracts for this redevelopment area are two of the 252 tracts
recommended by Governor Cooper to the US Treasury designated as priorities for reinvestment and
community and economic development as Opportunity Zones pursuant to the federal Tax Cuts and
Jobs Act.
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
application is recommended and encouraged.)
Special Note: Please describe all environment -friendly technologies and designs PD plans to utilize
in its redevelopment strategy. For example, environment friendly redevelopment plans could include:
Leadership in Energy and Environmental Design (LEED) Certification, green building materials;
green landscaping techniques such as using drought resistant plants; energy efficient designs,
materials, appliances, machinery, etc.; renewable sources of energy, and/or recycling/reuse of old
building materials such as brick or wood.
The environment -friendly technologies and designs will be considered in the redevelopment
planning.
IV. SITE MEETS STATUTORY BROWNFIELDS DEFINITION
(sNCGS.130A-310.31.b Definition of a "Brownfields Property" or "Brownfields Site ")
A. Is the property abandoned, idled, or underused? Is fixture redevelopment hindered at the property?
Explain:
The 45-acre Penmarc property, consisting of 24 parcels, is the second planned acquisition associated
with the 56-acre Downtown Raleigh Entertainment District at downtown Raleigh's southern edge at
the intersection of South Saunders St, South Wilmington St, and Interstate 40. As mentioned above,
the browniields redevelopment area is in NC -designated Opportunity Zones for Census Tracts
37183050900 and 37183054500 in South Raleigh. Also as noted, six to seven acres of the Penmarc
property will become a permanent conservation and recreational easement and will not be included in
the brownfrelds agreement process.
Currently, this portion of south Raleigh is significantly underused, portions of the land are vacant,
and past uses in and around the redevelopment area have included commercial businesses and light
industrial operations, auto service stations, dry cleaners, wastewater treatment operations and
landfills. Current uses also include commercial businesses and light industrial operations, which are
not the highest and best uses for the properties. Environmental issues hindering redevelopment
include open leaking UST incident locations, former landfills, IHSB cleanup sites, dry cleaning
operations and a host of other concerns.

B. Location Map: PD must provide a copy of the relevant portion of the 114,000 scale U.S.G.S.
topographic quadrangle may that shows the location of the property, clearly plotted, and that
measures at least an 8 '/Z by 1 I 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
C. Survey Plat: PD must provide a preliminary survey plat of the property with the Proposed
Brownfields Property boundaries clearly identified. At this stage of the brownfields process, one
or more existing survey plats from a previous property conveyance will suffice. (Before the
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? ® Yes
D. Legal Description: PD must provide a legal description with metes and bounds that matches the
Proposed Brownfields Property description on the plat.
Is the required preliminary legal description included with this application? ® Yes
E. Site Photographs: PD must provide at least one pre -redevelopment photograph of the property, in
electronic format, that shows existing facilities and structures. Electronic copies of photographs
should be emailed to: shirley.Liggins(i,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 (in the Phase I reports)
F. Environmental Reports/Data: If it makes an affirmative eligibility determination, the NCBP will
request that PD provide any and all existing environmental reports and data for the property in
electronic format. The brownfields process may be expedited if PD submits such reports/data
with this application.
Are any environmental reports/data being submitted with this application? © Yes
Please provide the title, date and author of each item being submitted:

V.PD APPLICANT MEETS STATUTORY DEFINTION OF PROSPECTIVE
DEVELOPER
(§NCGS 130A-310.31.b Definition of a "Prospective Developer')
A. Information regarding all parent companies, subsidiaries or other affiliates of PD
(attach separate sheet(s) if necessary).
NAME
PERCENT OF
OWNERSHIP
MAILING ADDRESS
EMAIL ADDRESS
PHONE NUMBER
FAX NUMBER
CLICK OR TAP I
MK South III, LLC
MK South III, LLC is managed by Stephen Malik and initially is wholly -
owned by Mr. Malik. The company was established to acquire and hold the
Penmarc portion of the larger Downtown Raleigh Entertainment District
redevelopment site.
The ownership structure will likely be reorganized and additional members,
including MK South II, LLC, MK South III, LLC, new equity investors and
the Kane Realty Corp, may form a new joint venture to take the project
forward.
c/o Kane Realty Corp.
321 Lassiter at North Hills, Suite 250, Raleigh, NC 27609
[e-mail]
919.833.7755
NA
B. Managers ofmanager-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.
Stephen Malik
C. List all parent companies, subsidiaries, and other affiliates:
Mr. Malik, owner of MK South II, LLC, which holds title to the 11-acre Raleigh Reclamation
portion of the redevelopment site. Otherwise, companies affiliated with Mr. Malik and Kane Realty
have had no prior interest in the Penmarc property.
PROPERTY OWNERSHIP
®PD OWNS PROPERTY DATE OF PURCHASE Dec 31, 2020, April 16, 2020 and Feb 24, 2021
All parcels were purchased on December 31, 2020, from Alice Penny,
except for 1620 Green St, which was purchased from Lisa Lewis on April
16, 2020, and 1615 S Saunders St, which was purchased from Irene
Tru'illo-An ulo and Lucy Salomon on February 24, 2021.
If other, explain: Click or tap here to enter text.
D. Describe all activities that have taken place on the property since PD or PD's parents, subsidiaries
and/or other affiliates, and/or lessees or sublessees of PD, took ownership of or operated at the
property (e.g., industrial, manufacturing or commercial activities, etc.). (Include a list of all
regulated substances as defined at NCGS § 130A-310.31(b)(11) that have been used, stored on,
or otherwise present at the property while those activities were conducted, and explain how they
were used.)
Existing tenants continue to lease a portion of the property.

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 byprospective
developer.)
A. Current tax value of brownfields property: $ 15 million
B. Estimated capital investment in redevelopment protect: $ 2 billion (for the larger land assemblage for
the Downtown Raleigh Entertainment District redevelopment site)
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.
Initial financing for acquisition of the Penmarc and Raleigh Reclamation land parcels was provided by
Stephen Malik. Mr. Malik founded Medfusion Inc., an automated medical health records company sold
in 2010 to Intuit Inc. for $91 million. Stephen Malik will serve as the Manager of MK South III, LLC
and Kane Realty Corp will be participating in redevelopment and raising capital for the redevelopment
effort. Kane Realty was founded by John Kane in 1978. Kane Realty has developed sustainable mixed -
use communities, regional malls, neighborhood and community centers, retail outparcels, and office
buildings. The Kane team has been responsible for well over $1 billion of real estate development in
greater Raleigh, including the award -winning North Hills located at Six Forks Road and 1440. Kane
has raised capital for similarly scaled projects and development efforts, including the redevelopment of
a number of brownfields sites in the Triangle.
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?
Stephen Malik is the Manager of MK South III (and MK South II) and Kane Realty Corp will serve in
a management capacity for the project. Kane has developed or redeveloped over four million square
feet of retail space, malls, and community/neighborhood centers. In 1999, Kane purchased the first of
numerous properties in Raleigh's North Hills and embarked on a massive $1 billion redevelopment of
130 acres. In addition to North Hills, Kane's management team was responsible for Stanhope Center 2
along Hillsborough St in Raleigh, the former Dillon Supply Company site, which is now home to The
Dillion, a mixed -use redevelopment in Raleigh's historic Warehouse District, and the Smokey Hollow
and Smokey Hollow 2 mixed use developments, both located near the intersection of Peace St and
Capital Blvd. in Raleigh.
E. Does PD have or can it obtain the technical means to fully implement a Brownfields Agreement
and assure the safe use of the property?
The development team has contracted with Draper Aden Associates and Aptus Management to serve as
technical resources for development and completion of the Brownfields Agreement.
Draper Aden is a full -service consulting engineering firm with locations in Virginia and North Carolina
10

and clients across the Mid -Atlantic region. They provide environmental engineering, Environmental
Impact Reports (EIR), assessments, solid waste management services and remediation. Their staff
includes engineers, surveyors, environmental scientists, geologists and soil scientists.
Aptus is a specialty environmental management company, which John Gallagher established in 2009.
John and his team have been responsible for 15 brownfields agreements in North Carolina, including
Kane -sponsored redevelopment projects. Before launching Aptus, he was the President of Cherokee
Investment Services and a general partner of Cherokee Investment Partners, a leading private equity
firm, based in Raleigh, which focused on brownfields redevelopment. His background also includes
consulting to Fortune 500 companies, financial institutions, real estate developers, government service
with the U.S. EPA Superfund program, and industrial experience with Eastman Kodak Company.
F. Does PD commit that it will comply with all applicable procedural requirements of the NCBP,
including prompt payment of 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 payment of all statutorily required fees?
MK South III, LLC has had no prior projects in the NCBP. But because aKane-affiliated
company will likely become an owner in the redevelopment effort, provided below are the
Kane Realty brownfields projects.
PREVIOUS BROWNFIELDS PROJECTS
NCBP PROJECT
NCBP PROJECT NAME
PD ENTITY
BROWNFIELDS
ID
NAME
PROJECT MANAGER
1703443492
Stanhope Center
Hillsborough
Tony Duque
Ventures, LLC
18056-14-092
The Dillon
Dillon Station, LLC
James Rudder
2002446-092
Smokey Hollow
WK SmokeyHollow,
Sharon Eckard
LLC
Smokey Hollow 2
WK Smokey Hollow
Sharon Eckard
2206248492
2, LLC
23076-19-092
Clancy & Theys
Cabarrus, LLC
Hayley Irick
2308749-092
Raleigh Reclamation
MK South II LLC
Holly Samaha
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.ncbrownfields.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.
10

b. A second fee of $6,000 will be due from the PD prior to execution of the Brownfields
Agreement. Should the Prospective Developer choose to negotiate changes to the agreement
that necessitate evaluation by the Department of Justice, additional fees shall apply.
❑ Please check this box and initial below to indicate your application is under the
Standard Brownfields fee structure. Fee will be invoiced.
Initial
Date of Submittal
The Redevelopment Now Fee Option
a. A $30,000 fee due with this application (fully refunded if not found to be 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.
z
Date of Submittal
Other Potential Fees to be aware of in satisfaction of the statute:
c. Any addendum/modifications to the BFA or NBP after they are in effect will result in an
additional fee of at least $1,000 for defraying costs to DEQ for addendum/modification,
d. In the unexpected event that the environmental conditions at the property are unusually
complex, such that NCBP's costs will clearly exceed the above amounts, NCBP and PD will
negotiate additional fees as appropriate.
10

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
NORTH CAROLINA BROWNFIELDS PROGRAM
IN THE MATTER OF: MK SOUTH III, LLC
UNDER THE AUTHORITY OF ) AFFIDAVIT
NORTH CAROLINA GENERAL ) RE: RESPONSIBILITY
STATUTES 3 130A-310.30, et. seq. ) AND COMPLIANCE
Stephen Malilc, being duly sworn, hereby deposes and says:
1. I ain Manager of MK South III, LLC
2. I am fully authorized to make the declarations contained herein and to legally bind MK
South III, LLC,
3. MK South III, 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), inrelation to the following 1702492952, 1703402054, 1703402145,
1703402242, 1703402342, 1703402443, 1703402539, 1703402735, 1703402838,
1703404666,1703406591,1703412400,1703413123,1703413159,1703413219,
1703413254,1703413364,1703413440,1703413593,1703415274,1703418217,
1703501032, 17035015173 1703502802 parcel(s) in Raleigh, Wake, County, North
Carolina: I K 1265 150, 1303 120, 201 Penmarc Dr; 1821, 1801, 1811, 1809, 0, 1615, 1731,
1727, 1717, 1701 S Saunders St; 1640, 1632, 1628, 1624, 1616, 1639, 1620, Green St; 201
Gilbert Ave.
4. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that MK
South III, LLC, and any parent, subsidiary or other affiliate meets the eligibility requirements of
N.C.G.S. 3 130A.310.3I(b)(10), in that it has a bona 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
MK South III, LLC meets the eligibility requirement of N.C.G.S. 3130A-310,32(a)(I) 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.
`````````aawuuuun►
NOTggy
Signature/Printed Name: Stephen Malik Date: 31Ra _ My
COMMISSION EXPIRES
Joe z�.
Sworn to and subscribed before me =� 2L �. 3
this 2r) day of f/1rC:�- 20 ,. y AUBLIC \Vz
Notary Public
My commission expires: ©CTo`"Je(' Z!y , 26) 2 3
10
(SEAL)

North Carolina Brownfields Program
Redevelopment Now
Fee Consent Document
I, the undersigned, am the authorized agent of MK South III, 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: Penmarc
Street Address: 100, 09 1505 130, 120, 201 PENMARC DR; 1821, 1801, 1811, 1809, 0, 1615, 1731, 17279 1717, 1701
S SAUNDERS ST; 1640, 1632, 1628, 1624, 1616, 1639, 1620 GREEN ST; 201 GILBERT AVE
City: Raleigh
Zip Code: 27603
County: Wake
Prospective Developer is herewith paying a $28,000 fee to the Program ($2,000 was paid earlier associated
with enrollment of a portion of the property) 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
Browufields 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: MK South III, LLC
Mailing Address: Kane Realty Corporation, 4321 LASSITER AT NORTH HILLS, AVE, STE 250, RALEIGH, NC,
27609 /007
By:/z z
IN typed or printed: Stephen Malik Date Click or tap here to enter text.
Title typed or printed: Manager of MK South III, LLC

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1 inch Bqu815 S00 feet ,are provided for the data therein, ifs use, or its interpretation.

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NW N NE
TP, Raleigh West, 2013, 7.5-minute
NE, Raleigh East, 2013, 7.5-minute
SE, Garner, 2013, 7.5-minute
SW, Lake Wheeler, 2013, 7.5-minute
0 Miles 0.25 0.5 1 1.5
SITE NAME: Kane MILS Complex #3
ADDRESS: 120, 130, 150, 201 Penmarc Dr
Raleigh, NC 27603 -
CLIENT: Draper, Aden Associates 1
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5767153 - 4 page 6

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GREENWAY EASEMENT / ' /
DRAINAGE EASEMENT
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BM. 1988 PG. 293
PROPOSED 40' CITY OF
RALEIGH PUBLIC SANITARY SANITARY SEWER EASEMENT
SEWER EASEMENT BM. 1960 PG. 251
DB. 1441 PG. 118 / 55:
GRADING LEGEND
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CATCH BASIN
DROP INLET
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STORM SERVICE INLET
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LINE BREAK SYMBOL
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TOP & BOTTOM CURB ELEVATIONS
250.00
\TW=223.00
TOP OF WALL ELEVATION
BW=213.00
BOTTOM OF WALL ELEVATION
(NOTE: BOTTOM OF WALL IS GROUND
ELEVATION NOT WALL FOUNDATION)
+ 250.60
SPOT ELEVATION
STORM DRAINAGE
STORM SERVICE LINE
RD RD RD
ROOF DRAIN, 8" ADS
NON —PERFORATED TUBING OR
EQUAL 1.0% MIN. SLOPE 3' MIN.
COVER PVC SCHEDULE 40 IN
TRAFFIC AREAS
TP TP TP
TREE PROTECTION FENCE
LD LD
LIMITS OF DISTURBANCE
WOODED AREA
250
MAJOR CONTOUR
252
MINOR CONTOUR
------! 0-------
EXISTING MAJOR CONTOUR
— '=—'-------
------- .
EXISTING MINOR CONTOUR
— —
EASEMENT LINE
PRIMARY TCA AREA
SECONDARY TCA AREA
EXISTING WETLAND
EXISTING GREENWAY
TRAIL
4LL CONSTRUCTION TO CONFORM WITH LATEST VERSION OF CITY OF
1ALEIGH AND NCDOT STANDARDS. DETAILS AND SPECIFICATIONS
N GRAPHIC SCALE
o 50 100 zoo
1 inch = 100 ft.
'J
McADAMS
The John R. McAdams Company, Inc.
One Glenwood Avenue
Suite 201
Raleigh, NC 27603
phone [phone]
fax [phone]
license number: C-0293, C-187
contact: Andy Padiak
[e-mail]
CLIENT
KANE REALTY CORPORATION
4321 LASSITER AT NORTH HILLS AVE SUITE 250
RALEIGH, INC 27609
KN\4E
REALTY CORPORATION
REVISIONS
NO. DATE
1 07. 12. 2021 REVISED PER 1ST CITY COMMENTS
2 10. 27. 2021 REVISED PER 2ND CITY COMMENTS
3 02. 11. 2022 REVISED PER 3RD CITY COMMENTS
PLAN INFORMATION
PROJECT NO. KAN-19020
FILENAME
KAN19020-PS-OAG1
CHECKED BY
ARP
DRAWN BY
CDR
SCALE
1" = 100'
DATE
02. 11. 2022
SHEET
OVERALL GRADING PLAN
C3.00
PRELIMINARY DRAWING - NOT RELEASED FOR CONSTRUCTION