24051 Dilworth Auto Service NBP for PC 20221122

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Property Owner: South End Property Owning Sub, LLC Recorded in Book ____, Page ____ Associated plat recorded in Plat Book ____, Page ____ NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: Dilworth Auto Service Brownfields Project Number: 24051-20-060
This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat component, have been filed this _____ day of __________________, 202__ by South End Property Owning Sub, LLC (“Prospective Developer”).
This Notice concerns contaminated property. A copy of this Notice certified by the North Carolina Department of Environmental Quality (“DEQ”) is required to be filed in the Register of Deeds’ Office in the county or counties in which the land is located, pursuant to North Carolina General Statutes
(“NCGS”), § 130A-310.35(b). This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate the danger to public health or the environment posed by environmental contamination at a property (“Brownfields Property”) being addressed under the Brownfields Property Reuse
Act of 1997, NCGS § 130A, Article 9, Part 5 (“Act”). Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified copy of this Notice within 15 days of Prospective Developer’s receipt of DEQ’s approval of the Notice or Prospective Developer’s entry into the Brownfields Agreement required by the
Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the grantor index under the names of the owners of the land and, if Prospective Developer is not the owner, also under the Prospective Developer’s name. The Brownfields Property is comprised of one parcel, consisting of 1.128 acres, and located
at 1714 South Boulevard, Charlotte, Mecklenburg County. The Brownfields Property was

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developed with at least two single-family residences and auxiliary structures around the early
1900s. A gas station, convenience store, and tire shop operated in the eastern and central portions of the Brownfields Property. The tire shop and gas station were razed in the early 1960s and another gas station and convenience store were developed in the eastern portion of the Brownfields Property (Mini-General Store/Dilworth Auto Service). That gas station ceased operations in the late 2000s, and the buildings were demolished in 2018. Around 1953, an upholstery and shipping
warehouse was located in the central portion of the Brownfields Property. Since the 1960s, the southern building was occupied by various restaurants. The central building was occupied by health clubs and film companies from the 1970s until recently. The Prospective Developer intends to redevelop the Brownfields Property for no uses other than high-density residential, retail, office, restaurant, distillery, brewery or food production facility, institutional, recreation, hotel,
entertainment, open space, parking, and with DEQ’s prior written approval, other commercial uses. Soil, groundwater, and soil gas are impacted 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 Notice of Residual Petroleum, previously recorded pursuant to N.C. Gen. Stat. § 143B-279.9 and N.C. Gen. Stat. § 143B-279.11 in the Mecklenburg County Register of Deeds, Book 32840, Page 838, on July 19, 2018, shall immediately be SUPERSEDED upon the filing of this Notice of Brownfields Property. Land use restrictions set forth in this Brownfields Agreement and authorized by N.C. Gen. Stat. § 130A-310.35 shall become immediately applicable. 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:
Land Uses a. No use may be made of the Brownfields Property other than for high density residential, office, retail, restaurant, distillery, brewery or food production facility, institutional,
recreation, hotel, entertainment, open space, parking, and with DEQ’s prior written 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 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. “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/or beverage products.
iv. “Restaurant” is defined as a commercial business establishment that prepares and/or serves food and beverages to patrons. v. “Entertainment” is defined as private, public, and community activities (such as, for example, festivals, theater, musical events or shows), which may include food and
beverage service.
vi. “Hotel” is defined as the provision of overnight lodging to paying customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on-site hospitality, management and reception services. vii. “Distillery” is defined as an establishment for the manufacture, sale,
and/or distribution of distilled spirit products.
viii. “Brewery or Food Production Facility” is defined as an establishment for the manufacture, sale and/or distribution of beverages or food products, including without

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limitation beer and ale, together with associated public roadways and related infrastructure.
ix. “Institutional” is defined as the use of land, buildings or structures for public, non-profit or quasi-public purposes, such as libraries, community centers, post-secondary education facilities, or health care facilities. x. “Recreation” is defined as indoor and outdoor exercise-related, physically focused, or leisure-related activities, whether active or passive, and the facilities for
same, including, but not limited to, studios, swimming pools, sports-related courts and fields, open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas. xi. “Open Space” is defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, or detention facilities for
stormwater. xii. “Parking” is defined as the temporary accommodation of motor vehicles in an area designed for same. xiii. “Commercial” is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
Environmental Management Plan b. Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved
in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation: i. demolition of existing buildings, if applicable; ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in Paragraph 3 above;
iii. contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of all soil excavated from the Brownfields Property during redevelopment. Redevelopment Reporting

c. No later than January 31 after each one-year anniversary of the effective date of this Agreement for as long as physical redevelopment of the Brownfields Property continues

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(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).
Groundwater d. 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.

Soil e. No activity that disturbs soil on the Brownfields Property may occur unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public health and the environment, except: i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair (if only by email) of any such repair, or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined above in subparagraph 12.b.

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Final Grade Sampling
f. No use of the Brownfields Property where physical redevelopment has taken place pursuant to a DEQ-approved EMP as outlined in subparagraph 12.b above may occur until the then owner of the Brownfields Property conducts representative final grade soil sampling, pursuant to a plan approved in writing by DEQ, of any such redeveloped area(s) that is not
covered by building foundations, sidewalks, asphaltic or concrete parking areas and driveways, or two feet of documented clean fill material. Soil Import and Export
g. 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. Vapor Intrusion
h. 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 the risk of vapor intrusion based on site assessment data, or a site-specific risk assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate 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
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.
Property Access

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i. 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.
Damage to Wells j. The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by DEQ in advance. Chemical Storage and Use
k. 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 constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on-board tanks integral to said equipment or in flammable liquid storage containers totaling no more than 25 gallons; iii. in products or materials that are brought onto the Brownfields Property, kept in their original packaging or containers (that is, not used or repackaged) and later
removed from the Brownfields Property in the original packaging or containers; and
iv. as constituents of products customarily used and stored in high-density residential, office, retail, restaurant, entertainment, hotel, distillery, brewery or food production facility, institutional, recreation, open space, parking, and with prior DEQ written approval, other commercial environments, provided such products and materials are stored in original
retail packaging and used and disposed of in accordance with applicable laws.
Notification of Tenants l. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: “This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County land records, Book ____, Page ____.” A copy of any such instrument shall be sent to the

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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 may use the following mechanisms to comply with the obligations of this subparagraph as to leasehold interests: (i) If every lease or rider is identical in form, the owner conveying an interest may provide DEQ with copies of a form lease or rider evidencing
compliance with this subparagraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XVII (Notices and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XVII.
Land Use Restriction Update m. 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. If the Brownfields Property is transferred, the grantor shall submit a LURU (as outlined above) which covers the period of time the grantor
owned the Brownfields Property during the calendar year of the transfer. The submitted LURU shall state the following: i. the Brownfields Property address, and the name, mailing address,
telephone number, and contact person’s e-mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a joint LURU is submitted, acquired any part of the Brownfields Property during the previous calendar year; ii. the transferee’s name, mailing address, telephone number, and contact
person’s e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year; and iii. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 12.h. above are performing as designed, and whether the uses of the ground
floors, including any tenant renovations, of any buildings containing such vapor barrier and/or
mitigation systems have changed, and, if so, how, and under which precautions so as not to interfere with the operation of said system. 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.

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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.

IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this _____ day of _______________, 202__.
South End Property Owner Sub, LLC
By: __________________________________________
Josh Glover Vice President

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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: _____________________
************************************ 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 E. Scott Date
Director, Division of Waste Management

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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: South End Property Owning Sub, LLC UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Dilworth Auto Service OF 1997, NCGS § 130A-310.30, et seq. ) 1714 South Boulevard Brownfields Project No. 24051-20-060 ) Charlotte, Mecklenburg County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and South End Property Owning Sub, 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 1714 South Boulevard, Charlotte,
Mecklenburg County, North Carolina (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 South End Property Owning Sub, LLC, a Delaware limited
liability company, with its principal office located at 465 Meeting Street, Suite 500, Charleston,
SC 29403. Its Vice President is Josh Glover, of 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 South End Property Owning Sub, LLC for contaminants at the Brownfields
Property.

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The Parties agree that South End Property Owning Sub, LLC’s entry into this Agreement,
and the actions undertaken by South End Property Owning Sub, LLC in accordance with the
Agreement, do not constitute an admission of any liability by South End Property Owning Sub,
LLC for contaminants at the Brownfields Property. The resolution of this potential liability, in
exchange for the benefit South End Property Owning Sub, 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 South End Property Owning Sub, LLC.
III. BROWNFIELDS PROPERTY INFORMATION SUMMARY
3. Relevant information about the history, ownership, and uses of the Brownfields
Property is provided in the following summary table. Refer to the Exhibit 2 to this Agreement
that presents data table(s) of the contaminants present at the Brownfields Property at
concentrations above their applicable standards or screening levels for each media sampled.
BROWNFIELDS PROPERTY INFORMATION SUMMARY
Parcel Addresses & Parcel IDs 1714 South Boulevard; Parcel No. 12306405
Acreage 1.128
Current Property Owner South End Property Owning Sub, LLC
Current Land Use(s) Under development
Site Vicinity Land Use(s) Commercial and high density residential (northwest of the

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BROWNFIELDS PROPERTY INFORMATION SUMMARY
Brownfields Property)
Proposed Reuse(s)
High density residential, office, retail, restaurant, distillery, brewery or food production facility, recreation, institutional,
entertainment, hotel, open space, parking, and with DEQ’s
prior written approval, other commercial uses.
Public Benefits of Reuse
Job creation, tax base increase, increased productivity/return
to productive use, expanded use of public transportation, and smart growth.
Existing Land Use Restrictions Prior to Brownfields Agreement
DEQ Incident No. 36614 (Notice of Residual Petroleum (NORP) 7/19/18, which is superseded by this Agreement as provided in Paragraph 12).

ENVIRONMENTAL INFORMATION SUMMARY
Historical Operations & Contaminant Sources
The Brownfields Property was developed with at least two single-family residences and auxiliary structures around the
early 1900s. A gas station, convenience store, and tire shop
operated in the eastern and central portions of the Brownfields Property. The tire shop and gas station were razed in the early 1960s and another gas station and convenience store were developed in the eastern portion of
the Brownfields Property (Mini-General Store/Dilworth Auto
Service). That gas station ceased operations in the late 2000s, and the buildings were demolished in 2018. Around 1953, an upholstery and shipping warehouse was
located in the central portion of the Brownfields Property, one
of the former residences located in northern portion of the Brownfields Property was utilized for retail purposes, and another building was occupied by a prosthetics company. Since the 1960s, the southern building was occupied by
various restaurants. The central building was occupied by
health clubs and film companies from the 1970s until recently. Soil and groundwater impacts were identified in connection with the November 2008 removal of two gasoline underground storage tanks (USTs), associated product lines
and dispensers (Mini-General Store/Dilworth Auto Service
1700 South Boulevard; UST Incident# 36614). The DEQ issued a Notice of No Further Action (NFA) for Incident #36614 and a Notice of Residual Petroleum on January 22, 2009. Additional environmental remediation and assessment
activities were conducted at 1700 South Blvd. (Incident
#36614) in January and February 2018 to address remaining

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ENVIRONMENTAL INFORMATION SUMMARY
soil impacts and remove the land use restriction in the
existing Notice of Residual Petroleum regarding industrial/commercial use. The DEQ issued a NFA on April 16, 2018 and a Cancellation of Notice of Residual Petroleum on June 21, 2018. A new Notice of Residual Petroleum that prohibits groundwater use was recorded on July 19, 2018 in
Book 32840, Page 838 in the Mecklenburg County Register of Deeds Office. The July 2018 Notice of Residual Petroleum is superseded by this Agreement as provided in Paragraph 12.
Current Operations/Activities The property is vacant and under development.
Contaminated Media
Soil: Arsenic, hexavalent chromium, lead, semi-volatile compounds (SVOCs), and volatile organic compounds (VOCs) were detected above NC Residential Preliminary Soil Remediation Goals.

Groundwater: SVOCs and VOCs were detected at concentrations exceeding NCAC 2L Groundwater Quality Standards. VOCs and SVOCs also exceeded NC Groundwater Vapor Intrusion Screening Levels.

Exterior Soil Gas: VOCs and naphthalene were detected in exterior soil gas samples above NC DEQ Residential Vapor Intrusion Screening Levels.
ID Numbers/Permits NC DEQ UST Incident Number: 36614 (NFA April 16, 2018; cancellation of NORP June 21, 2018; new NORP filed July 19, 2018) Onsite Receptors Considered Future residents, workers, visitors and construction workers
Potential Offsite Receptors Considered

i. Water supply wells: No water supply wells were identified within 1,500 feet. ii. Residential apartments are located northwest of the
Brownfields Property.
iii. Surface water: No surface water is present.
Potential offsite migration pathways
Groundwater: Surrounding properties are served by municipal water. Soil Vapor: Potential soil vapor pathways include soil and
utilities.

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4. Environmental reports regarding the Brownfields Property referred to hereinafter as
the “Environmental Reports,” include, but are not limited to:
a. Those that the Prospective Developer obtained or commissioned regarding the
Brownfields Property:
Title Prepared by Date of Report
Brownfields Assessment Report Hart & Hickman September 14, 2021 Brownfields Assessment Report Hart & Hickman February 1, 2021
Phase I ESA Commercial Properties Hart & Hickman September 4, 2020
Phase I ESA Retail Properties Hart & Hickman September 29, 2020 Phase I ESA Commercial Property Hart & Hickman November 8, 2021, Revised January 18, 2022
In-Situ Soil Characterization Assessment Report Hart & Hickman March 9, 2022
In-Situ Soil Characterization Assessment Report Hart & Hickman May 23, 2022
Summary of Remedial Activities: 1700 and 1708 South Boulevard ENERCON Services, Inc. May 29, 2018
Phase I Limited Site Assessment and Notice of Residual Petroleum: Former Mini-General Buxton Environmental, Inc. January 19, 2009
Report of Initial Abatement Action: Former Mini-General Store MACTEC Engineering and Consulting, Inc.
December 5, 2008

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 September 17, 2020,
preparing and submitting to DEQ a January 18, 2022 BPA Amendment, purchasing the
Brownfields Property on June 1, 2020, and commencing redevelopment of the Brownfields

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Property pursuant to a DEQ-approved Environmental Management Plan and Vapor Intrusion
Mitigation Plan.
6. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial, and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
7. The Parties agree that a $30,000 “Redevelopment Now” fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-

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310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a
change is sought to a Brownfields document after it is in effect, in which case there shall be an
additional fee of at least $1,000.
V. BENEFIT TO COMMUNITY
8. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. a return to productive use of the Brownfields Property;
b. an increase in the Brownfields Property’s productivity;
c. the creation of construction and 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;

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b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Program Assessment Work Plan Checklist; and
d. the Brownfields Survey Plat Checklist.
10. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) credit categories incorporated into the U.S. Green Building Council
Leadership in Energy and Environmental Design (LEED) certification program (Integrative
Process, Location and Transportation, Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Innovation, and Regional
Priority), or a similar program.
11. Based on the information in the Environmental Reports, other available reports, and
subject to imposition of and compliance with the land use restrictions set forth below, and
subject to Section XI of this Agreement (DEQ’s Covenant Not to Sue and Reservation of
Rights), DEQ is not requiring Prospective Developer to perform any active remediation at the
Brownfields Property other than remediation that may be required pursuant to a DEQ-approved
Environmental Management Plan (EMP) as specified in subparagraph 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 pursuant to N.C. Gen.

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Stat. § 143B-279.9 and N.C. Gen. Stat. § 143B-279.11 in the Mecklenburg County Register of
Deeds, Book 32840, Page 838, on July 19, 2018, shall immediately be SUPERSEDED upon the
filing of the Notice of Brownfields Property referenced below in Paragraph 16. Land use
restrictions set forth in this Brownfields Agreement and 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.
Land Uses
a. No use may be made of the Brownfields Property other than for high density
residential, office, retail, restaurant, distillery, brewery or food production facility, institutional,
recreation, hotel, entertainment, open space, parking, and with DEQ’s prior written 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 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. “Retail” is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,

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and the sales of food and/or beverage products.
iv. “Restaurant” is defined as a commercial business establishment that
prepares and/or serves food and beverages to patrons.
v. “Entertainment” is defined as private, public, and community activities
(such as, for example, festivals, theater, musical events or shows), which may include food and
beverage service.
vi. “Hotel” is defined as the provision of overnight lodging to paying
customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on-
site hospitality, management and reception services.
vii. “Distillery” is defined as an establishment for the manufacture, sale,
and/or distribution of distilled spirit products.
viii. “Brewery or Food Production Facility” is defined as an establishment
for the manufacture, sale and/or distribution of beverages or food products, including without
limitation beer and ale, together with associated public roadways and related infrastructure.
ix. “Institutional” is defined as the use of land, buildings or structures for
public, non-profit or quasi-public purposes, such as libraries, community centers, post-secondary
education facilities, or health care facilities.
x. “Recreation” is defined as indoor and outdoor exercise-related,
physically focused, or leisure-related activities, whether active or passive, and the facilities for
same, including, but not limited to, studios, swimming pools, sports-related courts and fields,
open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering
areas.

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xi. “Open Space” is defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, or detention facilities for
stormwater.
xii. “Parking” is defined as the temporary accommodation of motor
vehicles in an area designed for same.
xiii. “Commercial” is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
Environmental Management Plan
b. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved
in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in Paragraph 3 above;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil

02845-002/00426610-4 12 Dilworth Auto/24051-20-060/20220901
contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment.
Redevelopment Reporting
c. No later than January 31 after each one-year anniversary of the effective date of
this Agreement for as long as physical redevelopment of the Brownfields Property continues
(except that the final deadline shall fall 90 days after the conclusion of physical redevelopment),
the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ
approval on environment-related activities since the last report, with a summary and drawings,
that describes:
i. actions taken on the Brownfields Property in accordance with Section
VI: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected
or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).

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Groundwater
d. 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.
Soil
e. No activity that disturbs soil on the Brownfields Property may occur unless and
until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined above in subparagraph 12.b.

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Final Grade Sampling
f. No use of the Brownfields Property where physical redevelopment has taken
place pursuant to a DEQ-approved EMP as outlined in subparagraph 12.b above may occur until
the then owner of the Brownfields Property conducts representative final grade soil sampling,
pursuant to a plan approved in writing by DEQ, of any such redeveloped area(s) that is not
covered by building foundations, sidewalks, asphaltic or concrete parking areas and driveways,
or two feet of documented clean fill material.
Soil Import and Export
g. 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.
Vapor Intrusion
h. 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 the risk of vapor intrusion based on site assessment data, or a site-specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors into
building features in accordance with the most recent and applicable DWM Vapor Intrusion

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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
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.
Property Access
i. 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.
Damage to Wells
j. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,

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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.
Chemical Storage and Use
k. 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 constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on-board tanks integral to said equipment or in flammable
liquid storage containers totaling no more than 25 gallons;
iii. in products or materials that are brought onto the Brownfields
Property, kept in their original packaging or containers (that is, not used or repackaged) and later
removed from the Brownfields Property in the original packaging or containers; and
iv. as constituents of products customarily used and stored in high-density
residential, office, retail, restaurant, entertainment, hotel, distillery, brewery or food production
facility, institutional, recreation, open space, parking, and with prior DEQ written approval,
other commercial environments, provided such products and materials are stored in original
retail packaging and used and disposed of in accordance with applicable laws.

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Notification of Tenants
l. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: “This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County
land records, Book ____, Page ____.” A copy of any such instrument shall be sent to the
persons listed in Section XVII (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said redactions
comply with the confidentiality and trade secret provisions of the North Carolina Public Records
Law. The owner may use the following mechanisms to comply with the obligations of this
subparagraph as to leasehold interests: (i) If every lease or rider is identical in form, the owner
conveying an interest may provide DEQ with copies of a form lease or rider evidencing
compliance with this subparagraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XVII (Notices and Submissions); or (ii) The owner conveying an
interest may provide abstracts of leases, rather than full copies of said leases, to the persons listed
in Section XVII.
Land Use Restriction Update
m. 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. If the Brownfields Property is transferred, the
grantor shall submit a LURU (as outlined above) which covers the period of time the grantor
owned the Brownfields Property during the calendar year of the transfer. The submitted LURU
shall state the following:
i. the Brownfields Property address, and the name, mailing address,
telephone number, and contact person’s e-mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a
joint LURU is submitted, acquired any part of the Brownfields Property during the previous
calendar year;
ii. the transferee’s name, mailing address, telephone number, and contact
person’s e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year;
and
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 12.h. above are performing as designed, and whether the uses of the ground
floors, including any tenant renovations, of any buildings containing such vapor barrier and/or
mitigation systems have changed, and, if so, how, and under which precautions so as not to
interfere with the operation of said system.
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

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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.i. 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.
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

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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 or rider is
identical in form, Prospective Developer may provide DEQ with copies of a form lease or rider
evidencing compliance with this Paragraph, in lieu of sending copies of actual, executed leases,
to the persons listed in Section XVII (Notices and Submissions); or (ii) Prospective Developer
may provide abstracts of leases, rather than full copies of said leases, to the persons listed in
Section XVII.
18. The Prospective Developer shall ensure that a copy of this Agreement is provided to

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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 while Prospective
Developer owns the Brownfields Property, the Prospective Developer shall immediately take all
appropriate action to prevent, abate, or minimize such release or threat of release, shall comply
with any applicable notification requirements under NCGS § 130A-310.1 and 143-215.85,
Section 103 of CERCLA, 42 USC § 9603, and/or any other law, and shall immediately notify the
DEQ Official referenced in subparagraph 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 September 17, 2020, by which it applied for this
Agreement. That use is that which is provided in subparagraph 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

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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
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.

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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.
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

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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
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.

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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
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

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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 Mail Service Center 1646 Raleigh, NC 27699-1646
[e-mail]

02845-002/00426610-4 27 Dilworth Auto/24051-20-060/20220901
b. for Prospective Developer:
Josh Glover (or successor in function) South End Property Owning Sub, LLC 465 Meeting Street, Suite 500 Charleston, SC 29403 [e-mail]
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 IX
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives

02845-002/00426610-4 28 Dilworth Auto/24051-20-060/20220901
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
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or

02845-002/00426610-4 29 Dilworth Auto/24051-20-060/20220901
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 E. Scott Date Director, Division of Waste Management
IT IS SO AGREED: South End Property Owning Sub, LLC By: ____________________________________________________________________________
Name: Josh Glover Date Title: Vice President
USGS The National Map: National Boundaries Dataset, 3DEP Elevation
Program, Geographic Names Information System, National Hydrography
Dataset, National Land Cover Database, National Structures Dataset,
and National Transportation Dataset; USGS Global Ecosystems; U.S.
Census Bureau TIGER/Line data; USFS Road Data; Natural Earth Data;
U.S. Department of State Humanitarian Information Unit; and NOAA
National Centers for Environmental Information, U.S. Coastal Relief
Model. Data refreshed May, 2020.
SITE LOCATION MAP
',/:257+$8726(59,&(
120 E$67 KINGSTON AVE1700-1728 SOUTH
BOULEVARD$1'($67%28/(9$5'
CHARLOTTE, NORTH CAROLINA
DATE: 12-10-20
JOB NO: WPP-011
REVISION NO: 0
FIGURE. 1
2923 South Tryon Street - Suite 100
Charlotte, North Carolina 28203
704-586-0007 (p) 704-586-0373 (f)
License # C-1269 / # C-245 Geology
TITLE
PROJECT
0 2,000 4,000
SCALE IN FEET
Path: \\HHFS01\Redirectedfolders\sperry\My Documents\ArcGIS\PROJECTS\WPP-011\Figure 1.mxdN
U.S.G.S. QUADRANGLE MAP
CHARLOTTE EAST, NORTH CAROLINA 2013
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)
SITE
EXHIBIT 1
24051-20-060/Dilworth Auto Service/20221118

1
Exhibit 2 The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on August 2, 2021. The following table sets forth, for contaminants present at the Brownfields Property above unrestricted use standards or screening levels, the concentration found at each sample location, and the applicable standard or screening level. Screening levels and 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, 2022 version):
Groundwater Contaminant Sample Location
Date of
Sampling
Concentration Exceeding
Standard (µg/L)
Standard
(µg/L)
Benzene
TMW-1 11/18/2020 29,000
1
TMW-DUP 11/18/2020 30,000
TMW-2 11/18/2020 23
MW-1 1/11/2009 100
MW-2 12/23/2008 320
Cyclohexane TMW-1 11/18/2020 160 NE TMW-DUP 11/18/2020 160
1,2-Dichloroethane TMW-1 11/18/2020 88 0.40 TMW-DUP 11/18/2020 89
Ethylbenzene TMW-1 11/18/2020 2,900 600 TMW-DUP 11/18/2020 3,000
Isopropylbenzene
TMW-1 11/18/2020 110
70 TMW-DUP 11/18/2020 110
MW-2 12/23/2008 200
Isopropyl ether MW-2 12/23/2008 87 87
p-Isopropyltoluene MW-2 12/23/2008 28 25
Methocyclohexane TMW-1 11/18/2020 150 J NE TMW-DUP 11/18/2020 160 J
Methyl Acetate TMW-1 11/18/2020 1,300 NE TMW-DUP 11/18/2020 1,300
Methyl butyl ketone TMW-1 11/18/2020 220 J 40 TMW-DUP 11/18/2020 220 J
Methyl tert-butyl ether
TMW-1 11/18/2020 1,400
20 TMW-DUP 11/18/2020 1,400
MW-1 1/11/2009 200
24051-20-060/Dilworth Auto Service/20221118

2
MW-1 1/11/2009 2,300
2-Methylnaphthalene TMW-1 11/18/2020 74 30 TMW-DUP 11/18/2020 55
3/4-Methylphenol TMW-1 11/18/2020 7.8 J NE TMW-DUP 11/18/2020 6.0 J
Naphthalene
TMW-1 11/18/2020 450
6.0
TMW-DUP 11/18/2020 400
MW-1 1/11/2009 12
MW-2 12/23/2008 850
n-Propylbenzene MW-2 12/23/2008 590
Toluene
TMW-1 11/18/2020 32,000
600 TMW-DUP 11/18/2020 34,000
MW-2 12/23/2008 2,000
1,2,4-Trimethylbenzene MW-2 12/23/2008 3,800 400
1,3,5-
Trimethylbenzene MW-2 12/23/2008 790 400
Total Xylenes
TMW-1 11/18/2020 13,000
500 TMW-DUP 11/18/2020 14,000
MW-1 1/11/2009 730
MW-2 12/23/2008 19,200
C5-C8 Aliphatics MW-1 12/23/2008 91,000 400 MW-2 12/23/2008 6,200
C9-C12 Aliphatics MW-1 12/23/2008 28,000 700 MW-2 12/23/2008 31,000
C9-C10 Aromatics MW-1 12/23/2008 3,200 200 MW-2 12/23/2008 5,600
NE- Screening or regulatory level not established

24051-20-060/Dilworth Auto Service/20221118

3
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 July 2022 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
TMW-1 11/18/2020 29,000
1.6
TMW-DUP 11/18/2020 30,000
TMW-2 11/18/2020 23
MW-1 1/11/2009 100
MW-2 12/23/2008 320
n-Butylbenzene MW-2 12/23/2008 46 NE
sec-Butylbenzene MW-1 1/11/2009 3 NE MW-2 12/23/2008 54
tert-Butylbenzene MW-2 12/23/2008 41 NE
Cyclohexane TMW-1 11/18/2020 160 NE TMW-DUP 11/18/2020 160
1,2-Dichloroethane TMW-1 11/18/2020 88 2.2 TMW-DUP 11/18/2020 89
Ethylbenzene
TMW-1 11/18/2020 2,900
3.5 TMW-DUP 11/18/2020 3,000
MW-1 1/11/2009 11
Isopropylbenzene
TMW-1 11/18/2020 110
180 TMW-DUP 11/18/2020 110
MW-1 1/11/2009 2.6
MW-2 12/23/2008 200
p-Isopropyltoluene MW-1 1/11/2009 28 NE
Methocyclohexane TMW-1 11/18/2020 150 J NE TMW-DUP 11/18/2020 160 J
Methyl acetate TMW-1 11/18/2020 1,300 NE TMW-DUP 11/18/2020 1,300
Methyl butyl ketone TMW-1 11/18/2020 220 J NE TMW-DUP 11/18/2020 220 J
2-Methylnaphthalene TMW-1 11/18/2020 74 NE TMW-DUP 11/18/2020 55
24051-20-060/Dilworth Auto Service/20221118

4
3/4-Methylphenol TMW-1 11/18/2020 7.8 J NE TMW-DUP 11/18/2020 6.0 J
Methyl tert-butyl ether MW-2 12/23/2008 2,300 450
Naphthalene
TMW-1 11/18/2020 450
4.6 TMW-DUP 11/18/2020 400
MW-1 1/11/2009 12
MW-2 12/23/2008 850
n-Propylbenzene MW-2 12/23/2008 590 490
Toluene TMW-1 11/18/2020 32,000 3,800 TMW-DUP 11/18/2020 34,000
C5-C8 Aliphatics
(Aliphatic low)
MW-1 12/23/2008 91,000 1.7 MW-2 12/23/2008 6,200
C9-C12 Aliphatics (Aliphatic medium)
MW-1 12/23/2008 28,000 0.15 MW-2 12/23/2008 31,000
C9-C10 Aromatics (Aromatic medium) MW-1 12/23/2008 3,200 28 MW-2 12/23/2008 5,600
1,2,4-Trimethylbenzene MW-2 12/23/2008 3,800 50
1,3,5-Trimethylbenzene
MW-1 1/11/2009 70 35 MW-2 12/23/2008 790
Total Xylenes
TMW-1 11/18/2020 13,000
77 TMW-DUP 11/18/2020 14,000
MW-1 1/11/2009 730
MW-2 12/23/2008 19,200 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 NE – Screening or regulatory level not established.
24051-20-060/Dilworth Auto Service/20221118

5
SOIL Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial Health- Based Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section (July 2022 version):

Soil Contaminant Sample Location Depth (ft) Date of Sampling
Concentration Exceeding Screening Level (mg/kg)
Residential Screening Level1 (mg/kg)
Acenaphthylene SB-8 3-5 11/18/2020 0.021 J NE
Arsenic
SB-5
1-3 11/18/2020 4.3
0.68
3-5 11/18/2020 3.6
8-10 11/18/2020 0.99 J
SB-6 1-3 11/17/2020 5.1
3-5 11/17/2020 2.6
SB-7
1-3 11/18/2020 5.9
3-5 11/16/2020 5.0
6-8 11/16/2020 3.5
SB-8 1-3 11/18/2020 2.5
3-5 11/18/2020 5.4
SB-9
1-3 11/18/2020 0.79 J
3-5 11/18/2020 0.87 J
7-9 11/18/2020 2.6
SB-10 1-3 11/18/2020 3.8
3-5 11/18/2020 4.2
Benzo(g,h,i)perylene
SB-1 1-3 11/18/2020 0.071 J
NE SB-3 1-3 11/18/2020 0.058 J
SB-8 3-5 11/18/2020 0.046 J
Ethylbenzene SB-1 8-10 11/18/2020 11 6.1
Hexavalent Chromium
SB-6 1-3 11/17/2020 2.2
0.31
SB-7 1-3 11/18/2020 1.0 J
SB-7 3-5 11/16/2020 0.54 J
SB-8 3-5 11/18/2020 0.37 J
SB-10 1-3 11/18/2020 0.85 J
Lead SB-6 1-3 11/17/2020 630 400

24051-20-060/Dilworth Auto Service/20221118

6
Methylcyclohexane SB-1 8-10 11/18/2020 3.0 NE SB-2 8-10 11/17/2020 0.0049 J
Naphthalene SB-1 8-10 11/18/2020 8.9 2.1
Phenanthrene
SB-1 8-10 11/18/2020 0.030 J
NE
SB-3 1-3 11/18/2020 0.067 J
SB-6 1-3 11/17/2020 0.069 J
SB-8 3-5 11/18/2020 0.073 J
SB-9 1-3 11/18/2020 0.036 J
1Screening 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 – Screening or regulatory level not established
24051-20-060/Dilworth Auto Service/20221118

7
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 (July 2022 version):
Soil Gas Contaminant Sample Location Date of Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Residential
Screening
Limit1
(µg/m3)
Benzene
SG-5 11/20/20 27
12
SG-6 11/20/20 27
SG-12 8/2/21 96
SG-13 8/2/21 4,400
SG-14 8/2/21 1,300
SG-Dup 8/2/21 1,400
Chloroform SG-6 11/20/20 5.6 4.1 SG-8 11/22/20 5.5
1,2-Dichloroethane SG-14 8/2/21 91 3.6 SG-Dup 8/2/21 95
Ethanol SG-12 8/2/21 18 NE SG-14 8/2/21 2,200
Ethylbenzene
SG-13 8/2/21 44,000
37 SG-14 8/2/21 11,000
SG-Dup 8/2/21 13,000
4-Ethyltoluene
SG-7 11/22/20 1.2 J
NE
SG-9 11/22/20 1.3 J
SG-12 8/2/21 34
SG-13 8/2/21 10,000
SG-14 8/2/21 6,800
SG-Dup 8/2/21 8,100
Heptane
SG-13 8/2/21 28,000
2,800 SG-14 8/2/21 25,000
SG-14/
SG-Dup
8/2/21 28,000
Hexane
SG-13 8/2/21 29,000
4,900 SG-14 8/2/21 17,000
SG-Dup 8/2/21 20,000
Naphthalene
SG-13 8/2/21 2,700
2.8 SG-14 8/2/21 510
SG-Dup 8/2/21 390
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8
Trichlorofluoromethane SG-7 11/22/20 1.7 J NE SG-8 11/22/20 1.9 J
1,2,4-Trimethylbenzene
SG-13 8/2/21 34,000
420 SG-14 8/2/21 22,000
SG-Dup 8/2/21 26,000
1,3,5-Trimethylbenzene
SG-13 8/2/21 8,500
420 SG-14 8/2/21 7,600
SG-Dup 8/2/21 9,200
m&p-Xylenes
SG-13 8/2/21 25,000
700 SG-14 8/2/21 40,000
SG-Dup 8/2/21 48,000
o-Xylene
SG-13 8/2/21 2,600
700 SG-14 8/2/21 14,000
SG-Dup 8/2/21 16,000
1Screening 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-Screening or regulatory level not established

EXHIBIT C
Legal Description
Dilworth Auto Service
(NC BFs Project No. 24051-20-060)
THAT CERTAIN PARCEL OR TRACT OF LAND SITUATED, LYING AND BEING IN THE CITY OF
CHARLOTTE, COUNTY OF MECKLENBURG, STATE OF NORTH CAROLINA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT AN EXISTING NGS MONUMENT “McDOWELL” HAVING NC NAD 83(2011)
COORDINATES OF N: 541,237.39’; E: 1,452,816.02’; THENCE SOUTH 63°28'59" WEST A GROUND
DISTANCE OF 8,262.26 FEET (GRID DISTANCE OF 8,260.98 FEET) TO A NEW NAIL SITUATED ON THE
INTERSECTION OF THE EASTERN MARGIN OF EAST KINGSTON AVENUE (60’ WIDTH PUBLIC RIGHT
OF WAY) AND THE NORTHERN MARGIN OF SOUTH BOULEVARD (100’ PUBLIC RIGHT OF WAY),
AND BEING THE POINT OF BEGINNING; THENCE RUNNING WITH THE AFORESAID MARGIN OF
SOUTH BOULEVARD THE FOLLOWING THREE (3) COURSES AND DISTANCES:
1.)SOUTH 43°29'31" WEST A DISTANCE OF 90.00 FEET TO AN EXISTING 1” IRON PIPE;
2.)SOUTH 43°24'41" WEST A DISTANCE OF 60.19 FEET TO AN EXISTING 1/2" IRON REBAR;
3.)SOUTH 43°28'29" WEST A DISTANCE OF 100.03 FEET TO AN EXISTING 1/2" IRON REBAR, SAID
POINT BEING THE SOUTHEAST CORNER OF THE JDH & ASSOCIATES INC ET AL PROPERTY AS
DESCRIBED IN DEED BOOK 36904, PAGE 667 OF THE MECKLENBURG COUNTY PUBLIC REGISTRY
(“THE REGISTRY”);
THENCE RUNNING WITH THE AFORESAID JDH & ASSOCIATES INC ET AL PROPERTY
NORTH 46°37'56" WEST A DISTANCE OF 194.69 FEET TO A NEW NAIL, SAID POINT BEING THE
SOUTHWEST CORNER OF THE WP KINGSTON LLC PROPERTY AS DESCRIBED IN DEED BOOK 33305,
PAGE 368; THENCE RUNNING WITH THE AFORESAID WP KINGSTON LLC PROPERTY THE
FOLLOWING THREE (3) COURSES AND DISTANCES:
1.)NORTH 43°25'23" EAST A DISTANCE OF 159.92 FEET TO A NEW NAIL;
2.)NORTH 46°39'15" WEST A DISTANCE OF 4.91 FEET TO A NEW NAIL;
3.)NORTH 43°25'54" EAST A DISTANCE OF 90.07 FEET TO AN EXISTING NAIL, SAID POINT BEING ON
THE AFORESAID WESTERN MARGIN OF EAST KINGSTON AVENUE;
THENCE RUNNING WITH THE AFORESAID MARGIN OF EAST KINGSTON AVENUE THE FOLLOWING
TWO (2) COURSES AND DISTANCES:
1.)SOUTH 46°37'04" EAST A DISTANCE OF 69.92 FEET TO AN EXISTING IRON PIPE;
2.)SOUTH 46°44'44" EAST A DISTANCE OF 129.85 FEET TO THE POINT AND PLACE OF BEGINNING;
HAVING AN AREA OF 49,147 SQUARE FEET OR 1.1282 ACRES; AS SHOWN ON A PLAT PREPARED BY
R. B. PHARR & ASSOCIATES, P.A. DATED JULY 20, 2022; JOB NO. 94303.