24054_AJACC Auto_Full NI_20230809

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NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: AJACC Auto Brownfields Project Number: 24054-20-060 North Carolina’s Brownfields Property Reuse Act (the “Act”), North Carolina General Statutes (“NCGS”)
§ 130A-310.30 through 130A-310.40, provides for the safe redevelopment of abandoned, idled, or underused
properties at which expansion or redevelopment is hindered by actual or potential environmental contamination.
One of the Act’s requirements is the submittal of this Notice of Intent to Redevelop a Brownfields Property (“NI”)
that has been approved by the North Carolina Department of Environmental Quality (“DEQ”) for public notification
purposes as per NCGS § 130A-310.34(a). The NI shall provide, to the extent known, a legal description of the location
of the Brownfields Property, a map showing the location of the Brownfields Property, a description of the
contaminants involved and their concentrations in the media of the Brownfields Property, a description of the
intended future use of the Brownfields Property, any proposed investigation and remediation, and a proposed Notice
of Brownfields Property (“NBP”) prepared in accordance with NCGS § 130A-310.35. The proposed NBP for a
particular brownfields project is attached hereto. The proposed NBP includes the proposed Brownfields Agreement,
which is attached as Exhibit A, and the other required elements of this NI. A Summary of this Notice of Intent
(“SNI”) shall include a statement as to the public availability of the full NI. The party (“Prospective Developer”)
who desires to enter into a Brownfields Agreement with DEQ must provide a full copy of this NI to all local
governments having jurisdiction over the Brownfields Property.
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as
the day after which all of the following public notice tasks have occurred: the date the required SNI is: (1) published
in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2) conspicuously
posted at the Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written public comments may be submitted to DEQ within 30 days after the public comment
period begins. Written requests for a public meeting may be submitted to DEQ within 21 days after the public
comment period begins. These periods will start no sooner than August 10, 2023, and will end no sooner than the
later of: 1) 30 and 21 days, respectively, after that; or 2) 30 and 21 days, respectively, after completion of the latest
of the three (3) above-referenced tasks, if such completion occurs later than the date stated herein. All comments
and meeting requests should be addressed as follows:

Mr. Bruce Nicholson. Chief Brownfields Redevelopment Section Division of Waste Management NC Department of Environmental Quality 1646 Mail Service Center Raleigh, North Carolina 27699-1646

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Property Owner: Elan LoSo Owner, LLC Recorded in Book ____, Page ____ Associated plat recorded in Plat Book ____, Page ____ NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: AJACC Auto Brownfields Project Number: 24054-20-060 This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat component, have been filed this _____ day of __________________, 2023 by Elan LoSo Owner, LLC (“Prospective Developer”). This Notice concerns contaminated property. A copy of this Notice certified by the North Carolina Department of Environmental Quality (“DEQ”) is required to be filed in the Register of Deeds’ Office in the county or counties in which the land is located, pursuant to North Carolina General Statutes (“NCGS”), § 130A-310.35(b). This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate the danger to public health or the environment posed by environmental contamination at a property (“Brownfields Property”) being addressed under the Brownfields Property Reuse Act of 1997, NCGS § 130A, Article 9, Part 5 (“Act”). Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified copy of this Notice within 15 days of Prospective Developer’s receipt of DEQ’s approval of the Notice or Prospective Developer’s entry into the Brownfields Agreement required by the Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the grantor index under the names of the owners of the land and, if Prospective Developer is not the owner, also under the Prospective Developer’s name.
The Brownfields Property consists of three parcels comprising approximately 5.335 acres, located at 305 and 321/323 Yeoman Road, and 4612 Gilead Street, Charlotte,

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Mecklenburg County. The current Brownfields Property is a recombination of 13 parcels at
4601, 4609, and three at 0 Macie Street, 301 Verbena Street, and 257, 300, 301, 304, 308, 309, and 321 Yeoman Road, and an abandoned public right-of-way. Historically the Brownfields Property was primarily wooded and agricultural until residences were established in the early 1900s through the 1940s. Beginning in the 1970s through the 1990s, the Brownfields Property
transitioned from residential to commercial uses as various warehousing, retail, and automotive
service structures were constructed. By the early 2000s, commercial businesses on the Brownfields Property included: Sun Stone Granite & Marble (stone countertop distribution), Blankenship Lighting (retail lighting), Carolina Moldings (moldings distribution), AJACC Auto (automotive repairs), Williams Electric (electrical contractor), and a landscaping company.
Historic off-site and on-site activities are suspected to have contributed to environmental impacts
in soil, soil gas, groundwater, surface water, and sediment at the Brownfields Property. Elan LoSo Owner, LLC has committed itself to redeveloping the Brownfields Property for no uses other than high-density residential, parking, recreational, retail, restaurant, and with prior written DEQ approval, other commercial uses.
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

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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. The land use restrictions below have been excerpted verbatim from paragraph 13 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, parking, recreational, restaurant, retail, and with prior written DEQ approval, other commercial uses. For purposes of this restriction, the following definitions apply: i. High-Density Residential is defined as permanent dwellings where residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit (e.g., privately-owned courtyards are prohibited), and may include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages. Single family homes are prohibited; townhomes, duplexes or other units with yards are prohibited unless approved in
writing by DEQ in advance.
ii. Parking is defined as the temporary accommodation of motor vehicles in an area designed for same. iii. Recreational 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 or wading pools, splash pads, clubhouses,
sports-related courts and fields, open space, greenways, parks, playgrounds, walking paths, picnic and public gathering areas, campgrounds, boat docks, and marinas. iv. Restaurant is defined as a commercial business establishment that prepares and serves food and beverages, including alcoholic beverages under all applicable local,
state, and federal regulations, to patrons.
v. Retail is defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service, open air markets, festivals, and the sales of food and/or beverage products, including from mobile establishments such as food trucks.
vi. 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 EMP approved in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is

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consistent with all the other land use restrictions and describes redevelopment activities at the
Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation: i. demolition of existing structures, if applicable;
ii. issues related to known or potential sources of contamination,
including without limitation those resulting from contamination identified in Section III above, and Exhibit 2; iii. contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered or newly accessible potential sources of
environmental contamination (e.g., USTs, ASTs, tanks, drums, septic drain fields, oil-water
separators, soil contamination); and iv. plans for the proper characterization of, and, as necessary, disposal of building materials or contaminated soils excavated from the Brownfields Property during redevelopment.; and
v. plans for the proper removal of any above ground storage tanks (ASTs).
Redevelopment Summary Report c. No later than January 31 of each year after 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).

Demolition d. Unless compliance with this Land Use Restriction is waived in writing in advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
in paragraph 17 below shall be in accordance with applicable legal requirements, including without limitation those related to lead and asbestos abatement that are administered by the

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Health Hazards Control Unit within the Division of Public Health of the North Carolina
Department of Health and Human Services. Groundwater
e. 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 13.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 13.b, or a plan approved in
writing in advance by DEQ. Soil
f. No use of the Brownfields Property may occur until the then owner of the
Brownfields Property conducts representative final grade soil sampling of any area within the Brownfields Property pursuant to a plan approved in writing by DEQ that is not covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways. g. Unless otherwise approved by DEQ in writing after results of final grade soil
sampling are received in accordance with subparagraph 13.f, above, 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 13.a. above while fully protecting public health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24”;
ii. mowing and pruning of above-ground vegetation; iii. for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair (if only by email) of any such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection with work conducted in accordance with a DEQ-approved EMP as outlined above in subparagraph 13.b. h. 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 13.b.
Vapor Intrusion i. 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 17, below, may be occupied until DEQ determines in writing that:

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i. the building is or would be protective of the building’s users and public
health from risk of vapor intrusion based on site assessment data, or a site-specific risk assessment approved in writing by DEQ; or ii. a vapor intrusion mitigation system (VIMS) has been: 1. designed to mitigate vapors for subgrade 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 said design shall fully protect public health to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s professional seal, 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 details on any deviations from the system design, as-built diagrams, photographs, and a description of the installation with said engineer’s professional seal
confirming that the system was installed per the DEQ-approved design and will be protective of
public health. j. No occupancy of the Brownfields Property may occur until a work plan for any sampling of sub-slab vapor and/or indoor air required by DEQ is approved by DEQ, and until the first round of sampling activities under the work plan is completed to DEQ’s written satisfaction.
The work plan, which may be included with the Vapor Intrusion Mitigation Plan in accordance
with subparagraph 13.i.ii above, to be approved in advance in writing by DEQ will be designed in accordance with the most current version of both: the DEQ’s draft Vapor Intrusion Assessment Work Plan & Report Checklist and the draft Minimum Mitigation and Sampling Requirements for Reuse. Prior to occupancy analytical results must demonstrate that indoor
spaces are fully protective of public health to DEQ’s written satisfaction.
Surface Water k. With the exception of redevelopment activities conducted pursuant to the EMP
discussed above in subparagraph 13.b, no occupancy or opening of the Brownfields Property for
any on-site activities shall occur unless a plan for placing appropriate controls that prevent access and/or use of the on-site unnamed tributary to Irwin Creek as denoted on the survey plat component of the Notice of Brownfields Property referenced below in paragraph 17 is submitted and implemented to DEQ’s written satisfaction. Such a plan may include, without limitation,
physical barriers such as fencing, and/or the posting of signs prohibiting activities that include
fishing, wading, swimming, and boating. Such plan shall be implemented within 30 days after written approval of DEQ is granted. Property Access

l. Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or

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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 Monitoring Wells
m. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well or vapor sample point is damaged by the owner, its contractors, or its tenants shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by DEQ in advance.

Notification of Tenants n. Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: “This property is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the
Mecklenburg County land records, Book ____, Page ____.” A copy of any such instrument shall
be sent to the persons listed in Section XVII (Notices and Submissions), though financial figures and other confidential information related to the conveyance may be redacted to the extent said redactions comply with the confidentiality and trade secret provisions of the North Carolina Public Records Law. The owner conveying an interest may use the following mechanisms to
comply with the obligations of this subparagraph: (i) If every lease and/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 (Notice and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather than full copies of said leases, to the
persons listed in Section XVII.
Separating Old from New Contamination o. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the Brownfields Property, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except: i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as constituents of fuels, lubricants and oils used in emergency generators, machinery, equipment and vehicles and stored in on-board tanks integral to said equipment, or stored in containers compatible for flammable liquids totaling no more than 25 gallons; and
iii. as constituents of products and materials customarily used and stored
in high-density residential, parking, recreational, restaurant, retail, and commercial environments, provided such products and materials are stored in original retail packaging and

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stored, used, and disposed of in accordance with applicable laws.
Land Use Restriction Update p. During January of each year after the year in which the Notice referenced
below in paragraph 17 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Mecklenburg County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that
the land use restrictions are being complied with. The submitted LURU shall state the following:
i. the 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; iii. whether any vapor barrier and/or mitigation systems and any
associated subgrade vapor monitoring network installed pursuant to subparagraph 13.i. above are
performing as designed, and whether the uses of the ground floors of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how. iv. A LURU submitted for rental units shall include enough of each lease entered into during the previous calendar year to demonstrate compliance with lessee notification
requirements in subparagraph 13.n, above, and paragraph 18, below, of this Agreement provided
that if standard form leases or riders are used in every instance, a copy of such standard form lease or rider may be sent in lieu of copies of actual leases. v. A property owners’ association or other entity may perform this LURU’s duties, on behalf of some or all owners of the Brownfields Property, if said association
or entity has accepted responsibility for such performance pursuant to a notarized instrument
satisfactory to DEQ that includes at a minimum, the Brownfields Property address, and the name, mailing address, telephone number, and e-mail address of each owner on whose behalf the LURU is proposed to be submitted.

For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ Brownfields Property Management Unit referenced in subparagraph 32.a. of Exhibit A hereto, at the address stated therein. ENFORCEMENT

The above land use restrictions shall be enforceable without regard to lack of privity of

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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 _______________, 2023. ELAN LOSO OWNER, LLC
By: Elan LoSo, LLC, Sole Member and Manager
By: __________________________________________ Josh Glover
NORTH CAROLINA
_______________ COUNTY I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated: ________________________________.
Date: ___________________ ___________________________________ Official Signature of Notary ___________________________________
(Official Seal) Notary’s printed or typed name, Notary Public
My commission expires: _____________________

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************************************ 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: _________________________________________ ________________________ Bruce Nicholson, Chief Date Brownfields Redevelopment Section, Division of Waste Management

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EXHIBIT A

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: Elan LoSo Owner, LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) AJACC Auto OF 1997, NCGS § 130A-310.30, et seq. ) 305, 321, and 323 Yeoman Road Brownfields Project No. 24054-20-060 ) 4612 Gilead Street ) Charlotte, Mecklenburg County

I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and Elan LoSo Owner, 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 305, 321, and 323 Yeoman Road and 4612 Gilead
Street (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 Elan LoSo Owner, LLC, a Limited Liability Company,
headquartered at 521 East Morehead Street, Suite 400, Charlotte, North Carolina, 28202. Its sole
member and manager is Elan LoSo, LLC, a Delaware limited liability company, and its
authorized representative is Josh Glover at the same address.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section X (Certification), Section XI (DEQ’s Covenant Not to Sue and
Reservation of Rights) and Section XII (Prospective Developer’s Covenant Not to Sue), the

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potential liability of Elan LoSo Owner, LLC for contaminants at the Brownfields Property.
The Parties agree that Elan LoSo Owner, LLC’s entry into this Agreement, and the
actions undertaken by Elan LoSo Owner, LLC in accordance with the Agreement, do not
constitute an admission of any liability by Elan LoSo Owner, LLC for contaminants at the
Brownfields Property. The resolution of this potential liability, in exchange for the benefit Elan
LoSo Owner, 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 Elan LoSo Owner, LLC.
III. BROWNFIELDS PROPERTY INFORMATION SUMMARY
3. Relevant information about the history, ownership, and uses of the Brownfields
Property is provided in the following summary table. Refer to Exhibit 2 to this Agreement that
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 Address(es) & Parcel IDs
305 Yeoman Road (Parcel ID 14904334), 4612 Gilead Street (Parcel ID 14903301), and 321 and 323 Yeoman Road (Parcel ID 14904338), Charlotte, Mecklenburg County
The Brownfields Property was initially composed of the
following individual parcels:

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BROWNFIELDS PROPERTY INFORMATION SUMMARY
4601 Macie Street (Parcel #14903305)
4609 Macie Street (Parcel #14903309) No address Macie Street (Parcel #14903310) No address Macie Street (Parcel #14903311) No address Macie Street (Parcel #14903312)
301 Verbena Street (Parcel #14903313)
300 Yeoman Road (Parcel #14903301) 308 Yeoman Road (Parcel #14903331) 304 Yeoman Road (Parcel #14903333) 257 Yeoman Road (Parcel #14904334)
301 Yeoman Road (Parcel #14904335)
309 Yeoman Road (Parcel #14904336) 321 Yeoman Road (Parcel #14904338) Abandoned public right-of-way (no parcel ID) In June 2021, the above listed parcels were recombined into
257, 300, and 321 Yeoman Road.

Acreage Approximately 5.335
Current Property Owner Elan LoSo Owner, LLC
Current Land Use(s)
257 and 300 Yeoman Road were most recently used for various offices, commercial distribution and warehousing, and an auto repair business. 321 Yeoman Road was a vacant lot formerly used by S.T Towing for staging vehicles.

All former business operations on the Brownfields Property have ceased and site redevelopment activities have commenced.
Site Vicinity Land Use(s) Commercial and industrial use with high-density residential being developed on the adjacent parcel east of the Brownfields Property.
Proposed Reuse(s) High Density Residential, parking, recreational, restaurant, retail, and with prior written DEQ approval other commercial uses.
Public Benefits of Reuse
Job Creation, Tax Base Increases, Revitalization of Blighted Areas, Preserved Green Space, Affordable Workforce
Housing, Environmental Cleanup Activities, Expanded Use of
Public Transportation, and Directed Resources
Existing Land Use
Restrictions Prior to Brownfields Agreement None

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ENVIRONMENTAL INFORMATION SUMMARY
Historical Operations &
Contaminant Sources
i. The Brownfields Property was primarily wooded or
agricultural prior to the early 1900s. ii. In the early 1900s through the early 1940s residences were developed on the Brownfields property.

iii. In 1970, an auto repair business was constructed at 300 Yeoman Road and has been used for automotive repair operations since construction.
iv. Beginning in the 1970s and through the early-1990s the
Brownfields Property transitioned from residential towards commercial uses as various commercial, storage, and business structures were constructed and occupied by various tenants, including: the Page Insulation and Storm Windows Company
(1981-1999) and Prince Telecom (2004-2009) at 301 Verbena
Street; Williams Electric (1989), Preferred Electric Company (1994), Emerald Green Builders (2004-2005), office of Gabe Shapiro (1990-2004), and Better Way Builders (2005) at 308 Yeoman Road (1987); B&M Garage & Repair (early 1970s to
early 1980s), Carrothers Auto Service (mid 1980s) and
Mechanically Inclined, Inc. (early 1990s to early 2000s) at 300 and 310 Yeoman Road; Two Men and a Truck (1994) and Trans Communications/Holy Ghost Jubilee (2005) at 301 Yeoman Road; and Carolina Moldings at 4601 Macie Street
(1991).
v. By the early 2000s, the Brownfields Property housed five commercial warehouse buildings used by Sun Stone Granite & Marble as a stone countertop warehouse and distribution
facility and Blankenship Lighting as a lighting retail and
distribution facility (301 Verbena Street); by Carolina Moldings as a warehouse and distribution facility (4601 Macie Street); by AJACC Auto for automotive repairs; (300 Yeoman Road); and Williams Electric and a landscaping company (310
Yeoman Road). The Brownfields Property also includes three
former residences converted to commercial uses (one housing computer servers and the other two vacant) and four associated outbuildings used for storage by Williams Electric and the landscaping company.

vi. Recent assessment data indicate elevated chlorinated

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ENVIRONMENTAL INFORMATION SUMMARY
solvents in groundwater in the northeast portion of the
Brownfields Property near Verbena Street; the source is unknown but similar contamination has been detected in groundwater up-gradient from the Brownfields Property.
Current Operations/Activities
All former business operations on the Brownfields Property ceased by July 2021 and site redevelopment activities commenced in August 2021.

Contaminated Media
Soil: Benzo(a)pyrene, arsenic, barium, hexavalent chromium, and lead were detected above the NC Residential Preliminary
Soil Remediation Goals (PSRGs), and Total Petroleum
Hydrocarbon – Diesel Range Organics exceeded the NCDEQ UST Section’s Action Level Groundwater: Cis-1,2-dichloroethene, 1,2-dichloropropane, tetrachloroethylene (PCE), trichloroethylene (TCE), and vinyl
chloride (VC) were detected above North Carolina 15A NCAC 02L .0202 Groundwater Standards. Concentrations of 1,2-dichloropropane, PCE, TCE, and VC in groundwater exceed the NC Residential Groundwater Vapor Intrusion
Screening Levels
Sediment: Benzo(a)pyrene, arsenic, and hexavalent chromium were detected above the NC Residential PSRGs.
Surface water: PCE, TCE, and VC were detected above the
applicable North Carolina 15A NCAC 02B Surface Water Standards. Soil Vapor: Benzene, 2-hexanone, and naphthalene were
detected above the NC Residential Soil Gas Vapor Intrusion Screening Levels.
ID Numbers/Permits NCR000138024 - Carolina Moldings Inc. RCRA-VSQG
Onsite Receptors Considered Residents, on-site workers, construction workers, visitors, and potential recreators/trespassers of the on-site tributary
Potential Offsite Receptors
Considered
Residential structures or churches: Three single-family residential structures are approximately 450 ft east (upgradient) of the Brownfields Property, and one single
family residential structure is approximately 950 ft northwest (down-gradient) of the Brownfields Property. Woodlawn Baptist Church is approximately 500 feet southeast (up-gradient) of the Brownfields Property.

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ENVIRONMENTAL INFORMATION SUMMARY

Potential offsite migration pathways
Groundwater: The source of chlorinated solvents in
groundwater in the northeast portion of the 300 Yeoman
Street parcel has not been identified but likely originates off-site. Groundwater flow is generally towards an unnamed tributary of Irwin Creek located along the northern and northwestern border of the Brownfields Property, suggesting
migration of groundwater contamination toward property
west of the Brownfields Property. Surface Water: The unnamed tributary on the Brownfields Property has higher VOC concentrations in the upstream sample than the downstream sample. This likely indicates
that impact is from upgradient properties and not from the Brownfields Property. The surface water body flows to the northwest and enters Irwin Creek approximately 1.4 miles northwest of the Brownfields Property.

4. Environmental reports regarding the Brownfields Property referred to hereinafter as
the “Environmental Reports,” include, but are not limited to those that the Prospective Developer
obtained or commissioned regarding the Brownfields Property:
Title Prepared by Date of Report
Brownfields Lift Assessment Report – Verbena Street Assemblage (Froehling & Roberson, Inc.) March 23, 2022
Brownfields Assessment Report – Verbena Street Assemblage Froehling & Robertson, Inc. July 15, 2021
Soil Excavation Report – Verbena Street Assemblage Froehling & Robertson, Inc. May 10, 2021
Limited Soil, Groundwater, and Soil Gas Assessment Report – Verbena & Macie Street Assemblage
Froehling & Robertson, Inc. September 9, 2020
Phase I Environmental Site Assessment – Verbena Street Assemblage Froehling & Robertson, Inc. August 6, 2020

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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 October 7, 2020, and the
following:
a. On April 27, 2021, Elan LoSo Owner, LLC purchased the parcels comprising
the Brownfields Property;
b. During August 2021, site demolition activities were initiated at the
Brownfields Property pursuant to an April 12, 2021 demolition approval letter from DEQ and
under the DEQ-approved Environmental Management Plan (EMP) dated August 10, 2021, the
requirements for which are described in Land Use Restriction VII.13.b;
c. In May 2021, voluntary soil excavation pertaining to an apparent oil spill, was
conducted and reported to the Brownfields Redevelopment Section;
d. Between March 3, 2022, and June 9, 2022, the Brownfields Property received
imported soil from other DEQ-approved Brownfields Properties located in Charlotte, North
Carolina in accordance with conditions of the DEQ-approved EMP;
e. On March 29, 2022, DEQ approved the Vapor Intrusion Mitigation Plan dated
March 15, 2022, prepared by the Prospective Developer, required by paragraph 13.i, below; and
f. Construction and redevelopment activities have taken place in accordance with
the DEQ-approved EMP.

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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. Prospective Developer has paid to DEQ the $2,000 fee to seek a brownfields
agreement required by NCGS § 130A-310.39(a)(1), and shall make a payment to DEQ of $6,000
at the time Prospective Developer and DEQ enter into this Agreement, defined for this purpose
as occurring no later than the last day of the public comment period related to this Agreement.

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The Parties agree that such fees will suffice as the $2,000 fee to seek a brownfields agreement
required by NCGS § 130A-310.39(a)(1), and, within the meaning of NCGS § 130A-
310.39(a)(2), the full cost to DEQ and the North Carolina Department of Justice of all activities
related to this Agreement, unless a change is sought to a Brownfields document after it is in
effect, in which case there shall be an additional fee of at least $1,000.
V. BENEFIT TO COMMUNITY
8. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. an increase in the Brownfields Property’s productivity;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of 500 construction jobs and approximately 6 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;
f. “smart growth” through use of land in an already developed area, which avoids
development of land beyond the urban fringe (“greenfields”);
g. additional high-density residential, parking, recreational, restaurant, retail, and
other commercial space for the area;
h. provision of affordable/workforce housing units; and
i. preservation of green space.

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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 Redevelopment Section requirements, and remedial
or mitigation measures):
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund
Section;
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Redevelopment Section 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) areas incorporated into the U.S. Green Building Council Leadership in Energy
and Environmental Design 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 information,
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

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EMP as specified in subparagraph 13.b below.
12. Based on the type and concentrations of impacts to soil gas and groundwater detected
during assessment activities as outlined in paragraphs 3 and 4 above, vapor intrusion exposure
may present a risk to future site occupants for proposed uses as specified in subparagraph 13.a.
below. On March 29, 2022, a Vapor Intrusion Mitigation Plan as outlined in subparagraph 13.i.
below was approved by DEQ. Therefore, the condition of subparagraph 13.i.ii.1. below has been
met for Parcel Number 14903301 for the redevelopment uses set forth in paragraph 13.a. below.
VII. LAND USE RESTRICTIONS
13. By way of the Notice of Brownfields Property referenced below in paragraph 17,
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. 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, parking, recreational, restaurant, retail, and with prior written DEQ approval, other
commercial uses. For purposes of this restriction, the following definitions apply:
i. High-Density Residential is defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit (e.g., privately-owned
courtyards are prohibited), and may include related amenities, such as pools, clubhouses,

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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. Parking is defined as the temporary accommodation of motor vehicles
in an area designed for same.
iii. Recreational 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 or wading pools, splash pads, clubhouses,
sports-related courts and fields, open space, greenways, parks, playgrounds, walking paths, picnic
and public gathering areas, campgrounds, boat docks, and marinas.
iv. Restaurant is defined as a commercial business establishment that
prepares and serves food and beverages, including alcoholic beverages under all applicable local,
state, and federal regulations, to patrons.
v. Retail is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
open air markets, festivals, and the sales of food and/or beverage products, including from mobile
establishments such as food trucks.
vi. Commercial is defined as an enterprise carried on for profit or nonprofit
by the owner, lessee, or licensee.

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Environmental Management Plan
b. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an EMP approved in writing by DEQ in advance (and
revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is
consistent with all the other land use restrictions and describes redevelopment activities at the
Brownfields Property, the timing of redevelopment phases, and addresses health, safety and
environmental issues that may arise from use of the Brownfields Property during construction or
redevelopment in any other form, including without limitation:
i. demolition of existing structures, if applicable;
ii. issues related to known or potential sources of contamination,
including without limitation those resulting from contamination identified in Section III above,
and Exhibit 2;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered or newly accessible potential sources of
environmental contamination (e.g., USTs, ASTs, tanks, drums, septic drain fields, oil-water
separators, soil contamination); and
iv. plans for the proper characterization of, and, as necessary, disposal of
building materials or contaminated soils excavated from the Brownfields Property during
redevelopment.; and
v. plans for the proper removal of any above ground storage tanks (ASTs).
Redevelopment Summary Report
c. No later than January 31 of each year after the effective date of this Agreement

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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).
Demolition
d. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
in paragraph 17 below shall be in accordance with applicable legal requirements, including
without limitation those related to lead and asbestos abatement that are administered by the
Health Hazards Control Unit within the Division of Public Health of the North Carolina

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Department of Health and Human Services.
Groundwater
e. 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 13.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 13.b, or a plan approved in
writing in advance by DEQ.
Soil
f. No use of the Brownfields Property may occur until the then owner of the
Brownfields Property conducts representative final grade soil sampling of any area within the
Brownfields Property pursuant to a plan approved in writing by DEQ that is not covered by
building foundations, sidewalks, or asphaltic or concrete parking areas and driveways.
g. Unless otherwise approved by DEQ in writing after results of final grade soil
sampling are received in accordance with subparagraph 13.f, above, 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 13.a. above while fully protecting public health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24”;
ii. mowing and pruning of above-ground vegetation;

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iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection with work conducted in accordance with a DEQ-
approved EMP as outlined above in subparagraph 13.b.
h. 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 13.b.
Vapor Intrusion
i. 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 17, below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building’s users and public
health from risk of vapor intrusion based on site assessment data, or a site-specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate vapors for subgrade 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

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that said design shall fully protect public health to the satisfaction of a professional engineer
licensed in North Carolina, as evidenced by said engineer’s professional seal, 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 details on any deviations from the system design, as-built diagrams,
photographs, and a description of the installation with said engineer’s professional seal
confirming that the system was installed per the DEQ-approved design and will be protective of
public health.
j. No occupancy of the Brownfields Property may occur until a work plan for any
sampling of sub-slab vapor and/or indoor air required by DEQ is approved by DEQ, and until the
first round of sampling activities under the work plan is completed to DEQ’s written satisfaction.
The work plan, which may be included with the Vapor Intrusion Mitigation Plan in accordance
with subparagraph 13.i.ii above, to be approved in advance in writing by DEQ will be designed
in accordance with the most current version of both: the DEQ’s draft Vapor Intrusion
Assessment Work Plan & Report Checklist and the draft Minimum Mitigation and Sampling
Requirements for Reuse. Prior to occupancy analytical results must demonstrate that indoor
spaces are fully protective of public health to DEQ’s written satisfaction.
Surface Water
k. With the exception of redevelopment activities conducted pursuant to the EMP
discussed above in subparagraph 13.b, no occupancy or opening of the Brownfields Property for
any on-site activities shall occur unless a plan for placing appropriate controls that prevent access

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and/or use of the on-site unnamed tributary to Irwin Creek as denoted on the survey plat
component of the Notice of Brownfields Property referenced below in paragraph 17 is submitted
and implemented to DEQ’s written satisfaction. Such a plan may include, without limitation,
physical barriers such as fencing, and/or the posting of signs prohibiting activities that include
fishing, wading, swimming, and boating. Such plan shall be implemented within 30 days after
written approval of DEQ is granted.
Property Access
l. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
Damage to Monitoring Wells
m. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well or vapor sample point is damaged by the
owner, its contractors, or its tenants shall be responsible for repair of any such wells to DEQ’s
written satisfaction and within a time period acceptable to DEQ, unless compliance with this
Land Use Restriction is waived in writing by DEQ in advance.
Notification of Tenants
n. Any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: “This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the

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Mecklenburg County land records, Book ____, Page ____.” A copy of any such instrument shall
be sent to the persons listed in Section XVII (Notices and Submissions), though financial figures
and other confidential information related to the conveyance may be redacted to the extent said
redactions comply with the confidentiality and trade secret provisions of the North Carolina
Public Records Law. The owner conveying an interest may use the following mechanisms to
comply with the obligations of this subparagraph: (i) If every lease and/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 (Notice and Submissions); or (ii) The owner
conveying an interest may provide abstracts of leases, rather than full copies of said leases, to the
persons listed in Section XVII.
Separating Old from New Contamination
o. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as constituents of fuels, lubricants and oils used in emergency
generators, machinery, equipment and vehicles and stored in on-board tanks integral to said
equipment, or stored in containers compatible for flammable liquids totaling no more than 25

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gallons; and
iii. as constituents of products and materials customarily used and stored
in high-density residential, parking, recreational, restaurant, retail, and commercial
environments, provided such products and materials are stored in original retail packaging and
stored, used, and disposed of in accordance with applicable laws.
Land Use Restriction Update
p. During January of each year after the year in which the Notice referenced
below in paragraph 17 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to
DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that
the land use restrictions are being complied with. The submitted LURU shall state the following:
i. the 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;
iii. whether any vapor barrier and/or mitigation systems and any

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associated subgrade vapor monitoring network installed pursuant to subparagraph 13.i. above are
performing as designed, and whether the uses of the ground floors of any buildings containing
such vapor barrier and/or mitigation systems have changed, and, if so, how.
iv. A LURU submitted for rental units shall include enough of each lease
entered into during the previous calendar year to demonstrate compliance with lessee notification
requirements in subparagraph 13.n, above, and paragraph 18, below, of this Agreement provided
that if standard form leases or riders are used in every instance, a copy of such standard form
lease or rider may be sent in lieu of copies of actual leases.
v. A property owners’ association or other entity may perform this
LURU’s duties, on behalf of some or all owners of the Brownfields Property, if said association
or entity has accepted responsibility for such performance pursuant to a notarized instrument
satisfactory to DEQ that includes at a minimum, the Brownfields Property address, and the
name, mailing address, telephone number, and e-mail address of each owner on whose behalf the
LURU is proposed to be submitted.
14. 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.
15. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.

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VIII. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
16. In addition to providing access to the Brownfields Property pursuant to subparagraph
13.l. above, while Prospective Developer owns the Brownfields Property, 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.
17. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property (“Notice”) for the Brownfields Property containing, inter alia, the land use restrictions
set forth in Section VII (Land Use Restrictions) of this Agreement and a survey plat of the
Brownfields Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date
of this Agreement, Prospective Developer shall file the Notice in the Mecklenburg County,
North Carolina, Register of Deeds’ Office. Within three (3) days thereafter, Prospective
Developer shall furnish DEQ a copy of the documentary component of the Notice containing a

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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.
18. This Agreement shall be attached as Exhibit A to the Notice. Subsequent to
recordation of said Notice, any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: “This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the
Mecklenburg County land records, Book ____, Page ____.” A copy of any such instrument shall
be sent to the persons listed in Section XVII (Notices and Submissions), though financial figures
and other confidential information related to the conveyance may be redacted to the extent said
redactions comply with the confidentiality and trade secret provisions of the North Carolina
Public Records Law. Prospective Developer may use the following mechanisms to comply with
the obligations of this paragraph: (i) If every lease and/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.
19. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
IX. DUE CARE/COOPERATION
20. The Prospective Developer shall exercise due care at the Brownfields Property with

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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 32.a. below of any such required notification.
X. CERTIFICATION
21. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than those uses provided
above in subparagraph 13.a. of this Agreement. Prospective Developer also certifies that to the
best of its knowledge and belief it has fully and accurately disclosed to DEQ all information
known to Prospective Developer and all information in the possession or control of its officers,
directors, employees, contractors and agents which relates in any way to any past use of
regulated substances or known contaminants at the Brownfields Property and to its qualification
for this Agreement, including the requirement that it not have caused or contributed to the
contamination at the Brownfields Property.

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XI. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
22. 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.
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

26

AJACC Auto/24054-20-060/202300809 PC
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.
23. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
24. 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.

27

AJACC Auto/24054-20-060/202300809 PC
25. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 22 through 24 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
26. 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
27. 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.
XIV. DISCLAIMER
28. 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

28

AJACC Auto/24054-20-060/202300809 PC
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.
29. Except for the land use restrictions set forth in paragraph 13 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
30. 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
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

29

AJACC Auto/24054-20-060/202300809 PC
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
31. 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
32. 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 Branch (or successor in function)
N.C. Division of Waste Management Brownfields Redevelopment Section Mail Service Center 1646 Raleigh, NC 27699-1646

b. for Prospective Developer: Josh Glover Elan LoSo Owner, LLC
521 East Morehead Street, Suite 400
Charlotte, North Carolina, 28202 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

30

AJACC Auto/24054-20-060/202300809 PC
written evidence of date of receipt shall be effective on such date.
XVIII. EFFECTIVE DATE
33. 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
34. If any Party believes that any or all of the obligations under Section VIII
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XX. CONTRIBUTION PROTECTION
35. 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

31

AJACC Auto/24054-20-060/202300809 PC
by DEQ or any other person in relation to the Brownfields Property.
36. 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.
37. 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
38. 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
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.

32

AJACC Auto/24054-20-060/202300809 PC

IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY By: ____________________________________________________________________________ Bruce Nicholson, Chief Date
Brownfields Redevelopment Section, Division of Waste Management

IT IS SO AGREED:
ELAN LOSO OWNER, LLC, a Delaware limited liability company By: Elan LoSo, LLC, a Delaware limited liability company, its sole member and manager

By: __________________________________________________________________ Josh Glover Date Authorized Representative
Client:
Project:
Locaon:
Project Number:
Data Source:
Date:
Froehling & Robertson, Inc.
Scale:
FIGURE
No.:
Topographic Site Locaon Map
Greystar Development East, LLC
Verbena Street Assemblage
Verbena and Macie Street, Charlo+e, Mecklenburg County, North Carolina
59Z-0029
USGS 2013
February 23, 2021 NTS
1
3300 Internaonal Airport Drive,
Suite 600
Charloe, North Carolina 28208
EXHIBIT 1

24054-20-060/AJACC Auto/20230809 PC

1
Exhibit 2
Brownfields Property Name: AJACC Auto
Brownfields Project Number: 24054-20-060
The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred in March 2022. The following tables set forth, for contaminants present at the Brownfields Property above unrestricted use standards or screening levels, the
maximum concentration found at each sample location, and the applicable standard or screening level. Screening levels and groundwater standards are shown for reference only and are not set forth as cleanup levels for purposes of this Agreement. GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the standards for which are contained in Title 15A of the North Carolina Administrative Code, Subchapter 2L (2L), Rule .0202, or the 2L Groundwater Interim Maximum Allowable Concentrations (IMACS) (April 1, 2022 version):

Groundwater Contaminant Sample Location Date of
Sampling
Maximum Concentration Exceeding
Standard
(µg/L)
2L Standard
(µg/L)
cis-1,2-Dichloroethene TW-3A / TW-3B 4/14/2021 265 / 258 70
1,2-Dichloropropane TW-3A / TW-3B 4/14/2021 10.7 / 11 0.6
Tetrachloroethylene TW-3A / TW-3B 4/14/2021 282 / 276 0.7
Trichloroethylene TW-3A / TW-3B 4/14/2021 326 / 321 3
Vinyl Chloride
TW-1 4/14/2021 <0.097 1
0.03 TW-2 4/14/2021 <0.097 1
TW-3A / TW-3B 4/14/2021 0.335 / 0.31
B-1 8/20/2020 <0.097 1
1 Method detection limit exceeds the applicable 2L Groundwater Standard.

24054-20-060/AJACC Auto/20230809 PC

2
GROUNDWATER VAPOR INTRUSION RISK

Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are derived from the Residential Vapor Intrusion Screening Levels of the Division of Waste Management (January 2023 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)
Acetone TW-2 4/14/2021 3.51 J NS B-1 8/20/2020 3.2 J
1,3-Dichlorobenzene TW-3A / TW-3B 4/14/2021 0.272 J / 0.287 J NS
cis-1,2-
Dichloroethylene TW-3A / TW-3B 4/14/2021 265 / 258 NS
1,2-Dichloropropane TW-3A / TW-3B 4/14/2021 10.7 / 11 6.6
Tetrachloroethylene TW-3A / TW-3B 4/14/2021 282 / 276 12
Trichloroethylene TW-3A / TW-3B 4/14/2021 326 / 321 1
Vinyl Chloride TW-3A / TW-3B 4/14/2021 0.335 / 0.31 0.15
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. J - Compound was detected, but below the laboratory reporting limit resulting in a laboratory
estimated concentration.

24054-20-060/AJACC Auto/20230809 PC

3

SOIL/SEDIMENT

Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the screening levels for which are derived from (i) the Preliminary Residential Health-Based Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section (January 2023 version), and (ii) the Underground Storage Tank (UST) Section’s Action Levels (July 2016):

Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Maximum
Concentration
Exceeding
Screening Level
(mg/kg)
Residential
Screening
Level 1
(mg/kg)
Arsenic
SB-1 1-3 4/14/2021 3.4
0.68
SB-2 / SB-2A 1-3 4/14/2021 2.81 / 2.82
SB-3 1-3 4/14/2021 3.06
SB-4 1-3 4/14/2021 0.834
Down-Sed 4 0-0.5 4/14/2021 1.39
Up-Sed 4 0-0.5 4/14/2021 1.48
S-1 0.3 4/23/2021 4.82
S-2 0.3 4/23/2021 4.38
S-3 0.4 4/23/2021 1.32
S-4 0.6 4/23/2021 1.58
Base-1 0.4 4/23/2021 7.95
Base-2 0.7 4/23/2021 3.12
Barium Base-1 0.4 4/23/2021 3,110 3,100
Benzo(a)pyrene
Down-Sed 4 0-0.5 4/14/2021 0.272 J
0.11 Up-Sed 4 0-0.5 4/14/2021 0.382 J
Base-1 0.4 4/23/2021 0.313 J
Lift-1 8 3/2/2022 <0.177 2
Benzo(g,h,i)perylene
SB-3 1-3 4/14/2021 0.057 J
NS Down-Sed 4 0-0.5 4/14/2021 0.186 J
Up-Sed 4 0-0.5 4/14/2021 0.343 J
S-1 0.3 4/23/2021 0.107 J
Cadmium
S-1 0.3 4/23/2021 3.13
1.4 S-2 0.3 4/23/2021 1.67
Base-1 0.4 4/23/2021 3.69

24054-20-060/AJACC Auto/20230809 PC

4
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Maximum
Concentration
Exceeding
Screening Level
(mg/kg)
Residential
Screening
Level 1
(mg/kg)
Chromium,
Hexavalent
SB-1 1-3 4/14/2021 0.57 J
0.31
SB-2 / SB-2A 1-3 4/14/2021 0.46 J / 0.51 J
SB-5 1-3 4/14/2021 0.34 J
Down-Sed 4 0-0.5 4/14/2021 0.37 J
Up-Sed 4 0-0.5 4/14/2021 0.57 J
S-1 0.3 4/23/2021 0.36 J
S-2 0.3 4/23/2021 0.53 J
S-3 0.4 4/23/2021 0.31 J
Base-1 0.4 4/23/2021 1.0 J B
Base-2 0.7 4/23/2021 0.7 J B
Lead
306-L1 5 0-0.5 4/14/2021 1200
400
SHL-2 5 0-0.5 4/14/2021 1010
S-1 0.3 4/23/2021 731
S-2 0.3 4/23/2021 736
Base-1 0.4 4/23/2021 2010
Phenanthrene
SB-1 1-3 4/14/2021 0.065 J
NS
SB-3 1-3 4/14/2021 0.027 J
Down-Sed 4 0-0.5 4/14/2021 0.22 J
Up-Sed 4 0-0.5 4/14/2021 0.347 J
S-1 0.3 4/23/2021 0.068 J
Base-1 0.4 4/23/2021 0.275 J
Base-2 0.7 4/23/2021 0.035 J
Total Petroleum
Hydrocarbon–Diesel
Range Organics
(TPH-DRO)
Lift-1 8 3/2/2022 1390 100 3
1 Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. 2 Method detection limit exceeds the Preliminary Residential Soil Remediation Goal. 3 NC Department of Environmental Quality Underground Storage Tank (UST) Section’s Action
Level. 4 Sediment sample. 5 House roof line lead sample.

24054-20-060/AJACC Auto/20230809 PC

5
NS – No established screening level. If no screening level is established, then the laboratory reporting limit is considered the screening level.
J – Compound was detected and reported by the laboratory as an estimated concentration.
B – Detected in the laboratory method blank.

24054-20-060/AJACC Auto/20230809 PC

6
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 (January 2023 version):
Soil Gas Contaminant
Sample Location Date of
Sampling
Maximum
Concentration
Exceeding
Screening
Level (µg/m3)
Residential
Screening
Limit 1
(µg/m3)
Acetone
SG-1/SG-1A 4/14/2021 403 / 578
NS
SG-2 4/14/2021 89.8
SG-3 4/14/2021 567
SG-4 4/14/2021 1790
B-1 8/20/2020 67
B-3 8/20/2020 610
Benzene
SG-1A 4/14/2021 21.4
12 SG-4 4/14/2021 19.9 J
B-3 8/20/2020 22
1,3-Butadiene SG-4 4/14/2021 <3.89 2 3.1 B-3 8/20/2020 30
Ethanol B-1 8/20/2020 58 NS B-3 8/20/2020 480
2-Hexane SG-4 4/14/2021 341 210
Naphthalene SG-1A 4/14/2021 4.24 J 2.8 SG-4 4/14/2021 <7.72 2
Trichlorofluoromethane B-1 8/20/2020 1.4 J NS
1 Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. 2 Laboratory reporting limit exceeds the applicable Residential Vapor Intrusion Screening Level.
J – Compound was detected and reported by the laboratory as an estimated concentration.
NS – No screening level established. If no screening level is established, then the laboratory reporting limit is considered the screening level.

24054-20-060/AJACC Auto/20230809 PC

7

SURFACE WATER
Surface water contaminants in micrograms per liter (the equivalent of parts per billion), the unrestricted use standards for which are contained in Title 15A of the North Carolina Administrative Code, Subchapter 2B (July 26, 2021):

Surface Water Contaminant Sample Location Date of Sampling
Concentration Exceeding Standard
(µg/L)
Standard1
(µg/L)
Acetone Up-W 4/14/2021 3.42 J NS Down-W 4/14/2021 2.76 J
Bromomethane Down-W 4/14/2021 1.29 NS
Chloromethane Down-W 4/14/2021 21.1 NS
1,1-Dichloroethene Up-W 4/14/2021 0.894 NS
cis-1,2-Dichloroethene Up-W 4/14/2021 38.1 NS
Down-W 4/14/2021 14.5
trans-1,2-Dichloroethene Up-W 4/14/2021 0.37 J NS
1,2-Dichloropropane Up-W 4/14/2021 0.936 NS
Down-W 4/14/2021 0.343 J
Methyl ethyl ketone (MEK) Up-W 4/14/2021 1.01 J NS
Tetrachloroethene Up-W 4/14/2021 11.6 0.7 Down-W 4/14/2021 2.59
Trichloroethene Up-W 4/14/2021 18 2.5 Down-W 4/14/2021 4.28
Vinyl chloride Up-W 4/14/2021 2.67 0.025 Down-W 4/14/2021 0.343 J
1 Standards based on North Carolina 15A NCAC 02B are applicable to all Water Supply
Classifications (WS I-V) and are based on consumption of fish and water. J – Compound was detected and reported by the laboratory as an estimated concentration. NS – No standard established. If no standard is established, then the laboratory reporting limit is considered the standard.

40 20 0 40
Vicinity Map - Not to Scale
Graphic
Scale
Text Scale: 1" = 40'
Project Number: 4120128
Drawn By: DJW
Reviewed By: SFM Sheet 1 of 3Sealed By: SFM
No.DateByRevision
1
2
3
4
PRELI
MI
NA
RY
GEOMATICS | LiDAR | PHOTOGRAMMETRY
GPI Geospatial, Inc.
201 West 29th Street
Charlotte, NC 28206
Phone: [phone]
Fax: [phone]
License No.: F-1388
www.gpinet.com
Date: 07/##/2023 Plot Date: 08/01/2023
Point Legend:
Symbol Abbr Description
-Monumentation-
IRF Existing Iron Rebar
EIP Existing Iron Pipe
IPS Iron Pin Set (#5 Rebar)
PT Calculated Point
-Miscellaneous-
N/F Now or Formerly
CGF Combined Grid Factor
DB Deed Book
MB Map Book
(POB) Point of Beginning
Soil Boring Historic / New
Temporary Groundwater Point Historic / New
Soil Gas Sample Historic / New
Stream / Sediment Sample
Roof Line Soil Sample
2022 Lift Sample
Soil Sample
Line Legend:
Symbol Description
Brownfields Property Line
Adjoiners Property Line
Right-of-Way
Edge of Asphalt
EXHIBIT B to the Notice of
Brownfields Property -
SURVEY PLAT
Property Owner and Prospective Developer:
Elan LoSo Owner, LLC
257, 300, and 321 Yeoman Road
Charlotte, Mecklenburg County, N.C.
PID#: 14904334; 14903301; 14904338
Brownfields Project Name: AJACC Auto
(Project# 24054-20-060)
40 20 0 40
Vicinity Map - Not to Scale
Graphic
Scale
Text Scale: 1" = 40'
Project Number: 4120128
Date: 07/##/2023
Drawn By: DJW
Reviewed By: SFM Sheet 2 of 3Sealed By: SFM
Plot Date: 08/01/2023
No.DateByRevision
1
2
3
4
GEOMATICS | LiDAR | PHOTOGRAMMETRY
GPI Geospatial, Inc.
201 West 29th Street
Charlotte, NC 28206
Phone: [phone]
Fax: [phone]
License No.: F-1388
www.gpinet.com
PRELIMINARYEXHIBIT B to the Notice of
Brownfields Property -
SURVEY PLAT
Property Owner and Prospective Developer:
Elan LoSo Owner, LLC
257, 300, and 321 Yeoman Road
Charlotte, Mecklenburg County, N.C.
PID#: 14904334; 14903301; 14904338
Brownfields Project Name: AJACC Auto
(Project# 24054-20-060)
40 20 0 40
Vicinity Map - Not to Scale
Graphic
Scale
Text Scale: 1" = 40'
Project Number: 4120128
Date: 07/##/2023
Drawn By: DJW
Reviewed By: SFM Sheet 3 of 3Sealed By: SFM
Plot Date: 08/01/2023
No.DateByRevision
1
2
3
4
PRELIMINARYGEOMATICS | LiDAR | PHOTOGRAMMETRY
GPI Geospatial, Inc.
201 West 29th Street
Charlotte, NC 28206
Phone: [phone]
Fax: [phone]
License No.: F-1388
www.gpinet.com
EXHIBIT B to the Notice of
Brownfields Property -
SURVEY PLAT
Property Owner and Prospective Developer:
Elan LoSo Owner, LLC
257, 300, and 321 Yeoman Road
Charlotte, Mecklenburg County, N.C.
PID#: 14904334; 14903301; 14904338
Brownfields Project Name: AJACC Auto
(Project# 24054-20-060)
Exhibit C – Legal Description
Brownfields Property Name: AJACC Auto
Brownfields Project Number: 24054-20-060

Parcel 14903301 ALL that certain lot or parcel of land lying, and being situate in Mecklenburg County, North Carolina, and more particularly described as follows:

BEGINNING at an existing #6 iron rod, along the northern right of way of Yeoman Road, a 30-foot public right of way as shown on Map Book 3, page 457 of the Mecklenburg County Registry; THENCE in a northerly direction and with the southern boundary of Rebpat Leasing (now or formerly) as described in Deed Book 6312, page 864 of the Mecklenburg County
Registry North 72 degrees 53 minutes 30 seconds East, a distance of 235.61 feet to a new #4
rebar marking the southwestern line of Piedmont Natural Gas Co Inc (now or formerly) as described in Deed Book 30538, page 414; THENCE leaving the southern boundary of the aforementioned Rebpat Leasing and with the property line of the aforementioned Piedmont Natural Gas Co Inc, Piedmont Natural Gas Company Inc. (now or formerly) as described in
Deed Book 30643, page 656, and Piedmont Natural Gas Co (now or formerly) ad described in
Deed Book 30528, page 309 the following three (3) courses and distances: 1) South 46 degrees 36 minutes 11 seconds East, a distance of 114.60 feet to a new #4 rebar (passing an existing #5 rebar at a distance of 7.83 feet and an existing 1” pinched pipe at a distance of 56.94 feet); 2) THENCE South 75 degrees 03 minutes 33 seconds East, a distance of 148.86 feet to an existing
#3 iron rod (passing an existing #3 iron rod at a distance of 98.85 feet); 3) THENCE North 29
degrees 38 minutes 30 seconds East, a distance of 159.27 feet to a new #4 rebar, marking the southern right of way of Verbena Street as shown in Map Book 24, page 677 (passing an existing #4 iron rod at 152.99 feet); THENCE along the southern right of way of Verbena Street South 59 degrees 57 minutes 34 seconds East, a distance of 98.23 feet to a new #4 rebar, marking the
western right of way of Gilead Street, having a 30’ public right of way as shown in Map Book 3,
page 457; THENCE along the western right of way of Gilead Street South 23 degrees 44 minutes 20 seconds West, a distance of 587.49 feet to a new #4 rebar, marking the northern right of way of Chalmers Street, having a 30’ public right of way as shown in Map Book 3, page 457; Thence along the northern right of way of Chalmers Street North 63 degrees 16 minutes 08 seconds
West, a distance of 280.15 feet to a new #4 rebar; THENCE leaving the northern right of way of
Chalmers Street and along the northeasterly right of way of Yeoman Road North 19 degrees 15 minutes 27 seconds West, a distance of 392.26 feet to an existing #6 iron rod and, POINT OF BEGINNING, having an area of 4.583 Acres, more or less.

Parcel 14904334 ALL that certain lot or parcel of land lying, and being situate in Mecklenburg County, North
Carolina, and more particularly described as follows:

BEGINNING at a new iron marking the eastern right of way of Yeoman Road, a 30-foot public right of way as shown on Map Book 3, page 457 of the Mecklenburg County Register; THENCE
South 19 degrees 27 minutes 49 seconds East, a distance of 149.80 feet to an existing PK Nail;
THENCE with the northern property line of David and Ann Palin (now or formerly) as described in Deed Book 6025, page 925 South 73 degrees 57 minutes 19 seconds West, a distance of 153.31 feet to an existing iron; THENCE with the eastern property line of Selig Enterprises Inc (now or formerly) as shown in Map Book 3, page 457 the following two (2) courses and
distances: 1) North 22 degrees 17 minutes 37 seconds West, a distance of 50.05 feet to an
existing iron; 2) THENCE North 25 degrees 28 minutes 29 seconds West, a distance of 101.15 feet to an existing iron; THENCE with the southern property line of Selig Enterprises Inc (now or formerly) as described in Deed Book 34156, page 741 North 73 degrees 57 minutes 19 seconds East, a distance of 166.40 feet to a new iron set and the POINT OF BEGINNING,
having an area of 0.546 Acres, more or less.
Parcel 14904338

ALL that certain lot or parcel of land lying, and being situate in Mecklenburg County, North Carolina, and more particularly described as follows: BEGINNING at an existing iron marking the eastern right of way of Yeoman Road, a 30-foot
public right of way as shown on Map Book 3, page 457 of the Mecklenburg County Register;
THENCE South 19 degrees 27 minutes 49 seconds East, a distance of 50.09 feet to a new iron set; THENCE with the northern property line of Selig Enterprises Inc. (now or formerly) as described in Deed Book 34156, page 741 South 73 degrees 57 minutes 54 seconds West, a distance of 176.70 feet to a new iron set; THENCE with the eastern property line of Selig
Enterprises Inc (now or formerly) as shown in Map Book 3, page 457 North 25 degrees 19
minutes 43 seconds West, a distance of 50.67 feet to an existing iron; THENCE with the southern property line of Yannire Rubina (now or formerly) as described in Deed Book 32970, page 187 North 73 degrees 57 minutes 54 seconds East, a distance of 181.89 feet to an existing iron and the POINT OF BEGINNING, having an area of 0.206 Acres, more or less.