26094_Martin Transfer_FULL NI_20231116

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NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Martin Transfer & Storage Brownfields Project Number: 26094-22-060 North Carolina’s Brownfields Property Reuse Act (the “Act”), North Carolina General Statutes (“NCGS”)
§ 130A-310.30 through 130A-310.40, provides for the safe redevelopment of abandoned, idled, or underused
properties at which expansion or redevelopment is hindered by actual or potential environmental contamination.
One of the Act’s requirements is the submittal of this Notice of Intent to Redevelop a Brownfields Property (“NI”)
that has been approved by the North Carolina Department of Environmental Quality (“DEQ”) for public notification
purposes as per NCGS § 130A-310.34(a). The NI shall provide, to the extent known, a legal description of the location
of the Brownfields Property, a map showing the location of the Brownfields Property, a description of the
contaminants involved and their concentrations in the media of the Brownfields Property, a description of the
intended future use of the Brownfields Property, any proposed investigation and remediation, and a proposed Notice
of Brownfields Property (“NBP”) prepared in accordance with NCGS § 130A-310.35. The proposed NBP for a
particular brownfields project is attached hereto. The proposed NBP includes the proposed Brownfields Agreement,
which is attached as Exhibit A, and the other required elements of this NI. A Summary of this Notice of Intent
(“SNI”) shall include a statement as to the public availability of the full NI. The party (“Prospective Developer”)
who desires to enter into a Brownfields Agreement with DEQ must provide a full copy of this NI to all local
governments having jurisdiction over the Brownfields Property.
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as
the day after which all of the following public notice tasks have occurred: the date the required SNI is: (1) published
in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2) conspicuously
posted at the Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written public comments may be submitted to DEQ within 30 days after the public comment
period begins. Written requests for a public meeting may be submitted to DEQ within 21 days after the public
comment period begins. These periods will start no sooner than November 22, 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: CCRP Area 15, LLC Recorded in Book ____, Page ____ Associated plat recorded in Plat Book ____, Page ____ NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: Martin Transfer & Storage Brownfields Project Number: 26094-22-060
This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat component, have been filed this _____ day of __________________, 2023 by CCRP Area 15, 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 two parcels comprising approximately 1.2985 acres, located at 1138 N. Caldwell Street/510-516 E. 15th Street and 1133 N. Davidson Street,

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Charlotte, Mecklenburg County. From the late 1920s, the Brownfields Property was occupied by
single family residences and a warehouse used by Martin Transfer & Storage for offices and furniture storage. During the 1950s and 1960s, automotive repair services were performed in the warehouse building. By the late 1980s, only one residential building remained, and by the early 2000s, the warehouse was building converted to a multi-tenant commercial building. In 2007, a former heating oil tank near the multi-tenant building was closed in place and a Notice of
Residual Petroleum was recorded on the deed. Environmental impacts exist in soil, soil gas, and groundwater at the Brownfields Property. The Prospective Developer has committed itself to redevelop the Brownfields Property for no uses other than high-density residential, office, parking, retail, restaurant, brewery, distillery, or food production facility, entertainment, hotel, open space, recreational 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 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 12 of

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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: 12. By way of the Notice of Brownfields Property referenced below in paragraph 16, Prospective Developer shall impose the following land use restrictions under the Act, running with
the land, to make the Brownfields Property suitable for the uses specified in this Agreement while fully protecting public health and the environment instead of remediation to unrestricted use standards. The Notice of Residual Petroleum for 1138 N. Caldwell Street/510-516 E. 15th Street (Parcel ID 08106505), previously recorded on June 3, 2020, pursuant to N.C. Gen. Stat. § 143B-279.9(b) and N.C. Gen. Stat. § 143B-279.11 in the Mecklenburg County Register of Deeds, Book
34647, Pages 231-235, shall immediately be SUPERSEDED upon the filing of the Notice of Brownfields Property with the Mecklenburg County Register of Deeds. The land use restrictions set forth in this Brownfields Agreement and Notice of Brownfields Property authorized by N.C. Gen. Stat. § 130A-310.35 shall become immediately applicable. All references to DEQ shall be understood to include any successor in function.
Land Uses a. No use may be made of the Brownfields Property other than for high-density residential, office, parking, retail, restaurant, brewery, distillery, or food production facility, entertainment, hotel, open space, recreational, 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 unless approved in writing in advance by DEQ), and may include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages. Single family homes are prohibited; townhomes, duplexes or other units with yards are prohibited unless approved in writing by DEQ in advance.
ii. Office is defined as the place where a business operates, or professional
services are provided. iii. Parking is defined as the temporary accommodation of motor vehicles in an area designed for same. iv. Retail is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
farmer’s markets, food festivals, and the sales of food and/or beverage products, including from mobile establishments such as food trucks. v. Restaurant is defined as a commercial business establishment that prepares and/or serves food and/or beverages, including alcoholic beverages under all applicable
local, state, and federal regulations, to patrons.
vi. Brewery, Distillery, or Food Production Facility is defined as an establishment for the manufacture, sale, and/or distribution of beverages and/or food products,

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including without limitation beer, ale, and distilled spirits, together with associated public
roadways and related infrastructure. vii. Entertainment is defined as private, public, and community activities (such as, for example, festivals, theater, musical events or shows), which may include food and beverage service. viii. Hotel is defined as the provision of overnight lodging to paying
customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on-site hospitality, management and reception services. ix. Open space is defined as land maintained in a natural or landscaped state and for uses such as natural resource protection, riparian buffers, greenways, or detention facilities for stormwater.
x. 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, clubhouses, sports-related courts and fields, open space, greenways, parks, playgrounds, walking paths, picnic and public gathering areas, campgrounds, boat docks, and marinas.
xi. 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 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 paragraph 3 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, drums, septic drain fields, oil-water separators, soil contamination); and iv. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment. Redevelopment Summary Report c. No later than January 31 in each calendar year after each one-year anniversary
of the effective date of this Agreement for as long as physical redevelopment of the Brownfields
Property continues (except that the final deadline shall fall 90 days after the conclusion of physical

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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 16 below shall be in accordance with applicable legal requirements, including without limitation those related to lead and asbestos abatement that are administered by the Health Hazards
Control Unit within the Division of Public Health of the North Carolina Department of Health and Human Services. 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 12.a above while fully protecting public health and the environment. Should groundwater be encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 12.b., or a plan approved in
writing in advance by DEQ. Soil f. No use of the Brownfields Property for uses required to meet residential risk
thresholds 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, asphaltic or concrete parking areas and driveways, or two feet of documented clean fill material (or another cover approved by DEQ in writing).

g. 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

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carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public health and the environment, except: i. in connection with landscape planting to depths not exceeding 24”; ii. mowing and pruning of above-ground vegetation; iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any such repair, or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken; and iv. in connection with work conducted in accordance with a DEQ-approved EMP as outlined above in subparagraph 12.b.
h. Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ, unless conducted in accordance with an approved EMP as outlined above in subparagraph 12.b.
i. Soil within the “Area of Potential Soil Contamination” of the Brownfields Property as denoted on the plat component of the Notice of Brownfields Property referenced in paragraph 16 below shall remain covered with an impervious surface such as asphalt, concrete, or building foundations (or another cover approved in writing and in advance by DEQ) until such time as the “Area of Potential Soil Contamination” is redeveloped in accordance with a DEQ-
approved EMP as outlined in paragraph 12.b. above. The impervious surface covering the “Area of Potential Soil Contamination” shall be inspected annually to ensure integrity, and any needed repairs shall be conducted within 30 days of being identified. Inspections and repairs shall be documented and reported annually with the Land-Use Restriction Update (LURU) referenced in
subparagraph 12.p. below.
Vapor Intrusion j. No enclosed building may be constructed on the Brownfields Property, and no existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 16 below, may be occupied for uses required to meet residential
risk thresholds 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 (or
alternate standards approved in writing in advance by DEQ), 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

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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.
k. No occupancy of newly constructed enclosed buildings on the Brownfields Property, and no occupancy of existing buildings, defined as those depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 16 below, for uses required to meet residential risk thresholds may occur until a work plan for the sampling of sub-slab vapor and concurrent indoor air sampling 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 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 of newly constructed enclosed buildings or prior to occupancy of existing buildings for uses required to meet residential risk thresholds, analytical results must
demonstrate that concentrations of contaminants in indoor spaces from subsurface vapor intrusion are below applicable risk thresholds to DEQ’s written satisfaction. 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 Points 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 upon Transfers 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 or rider is identical in form, the owner conveying an interest

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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 fuel or other fluids customarily used in vehicles, landscaping equipment, machinery, and emergency generators; and iii. as constituents of products or materials customarily used and stored in
high-density residential, office, parking, retail, restaurant, brewery, distillery, or food production facility, entertainment, hotel, open space, recreational, and, with prior written DEQ approval, other commercial environments, provided such products or materials are stored in original retail packaging and 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 16 is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the
chief public health and environmental officials of Mecklenburg County, certifying that, as of said
January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that the land use restrictions are being complied with. The submitted LURU shall state the following: i. the name, mailing address, telephone and facsimile numbers, and contact
person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year; ii. the transferee’s name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address, if said owner transferred any part of the Brownfields Property during the previous calendar year;
iii. the results of all inspection and maintenance activities associated with
the impervious surface covering the “Area of Potential Soil Contamination” if required pursuant to subparagraph 12.i.; iv. whether any vapor barrier and/or mitigation systems and any associated subgrade vapor monitoring network installed pursuant to subparagraph 12.j. above are performing
as designed, and whether the uses of the ground floors of any buildings containing such vapor
barrier and/or mitigation systems have changed, and, if so, how; v. A LURU submitted for rental units shall include enough of each lease

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entered into during the previous calendar year to demonstrate compliance with lessee notification
requirements in subparagraph 12.n., above provided that if abstracts of leases are sent, or standard form leases or riders are used in every instance, a copy of such abstract, standard form lease or rider may be sent in lieu of copies of actual leases; and vi. A property owners’ association or other entity may perform this LURU’s duties, on behalf of some or all owners of the Brownfields Property, if said association or entity
has accepted responsibility for such performance pursuant to a notarized instrument satisfactory to DEQ that includes at a minimum, the name, mailing address, telephone and facsimile numbers, and e-mail address of each owner on whose behalf the LURU is proposed to be submitted. For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ Brownfields Property Management Branch referenced in subparagraph 31.a. of Exhibit A hereto, at the address stated therein. ENFORCEMENT
The above land use restrictions shall be enforceable without regard to lack of privity of estate or contract, lack of benefit to particular land, or lack of any property interest in particular land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The land use restrictions may also be enforced by DEQ through the remedies provided in NCGS § 130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having
jurisdiction over any part of the Brownfields Property; and by any person eligible for liability protection under the Brownfields Property Reuse Act who will lose liability protection if the restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement
by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of
the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the same violation or as to one occurring prior or subsequent thereto. FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS

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

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IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this _____ day of _______________, 2023. CCRP Area 15, LLC By: CCRP Management, LLC, a North Carolina limited liability
company, its Manager By: __________________________________________ Todd Harrison, Manager
NORTH CAROLINA _______________ COUNTY I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated: ________________________________.
Date: ___________________ ___________________________________ Official Signature of Notary ___________________________________
(Official Seal) Notary’s printed or typed name, Notary Public My commission expires: _____________________
************************************
APPROVAL AND CERTIFICATION OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
The foregoing Notice of Brownfields Property is hereby approved and certified.
North Carolina Department of Environmental Quality By: _________________________________________ ________________________
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: CCRP Area 15, LLC UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Martin Transfer & Storage OF 1997, NCGS § 130A-310.30, et seq. ) 1138 N. Caldwell Street/510-516 E. Brownfields Project No. 26094-22-060 ) 15th Street and 1133 N. Davidson Street Charlotte, Mecklenburg County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and CCRP Area 15, 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 1138 N. Caldwell/510-516 E. 15th Street and 1133 N.
Davidson 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 CCRP Area 15, LLC, a North Carolina limited liability
company, with its principal office located at 500 E. Morehead Street, Suite 230, Charlotte, North
Carolina 28202. Its manager is CCRP Management, LLC, which is managed by Todd Harrison
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 CCRP Area 15, LLC for contaminants at the Brownfields Property.
The Parties agree that CCRP Area 15, LLC’s entry into this Agreement, and the actions
undertaken by CCRP Area 15, LLC in accordance with the Agreement, do not constitute an
admission of any liability by CCRP Area 15, LLC for contaminants at the Brownfields Property.
The resolution of this potential liability, in exchange for the benefit CCRP Area 15, 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 CCRP Area 15, 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 Addresses & Parcel IDs
1138 N. Caldwell/510-516 E. 15th Street; PIN: 08106505 1133 N. Davidson Street; PIN: 08106504 Charlotte, Mecklenburg County Acreage Approximately 1.2985 acres
Current Property Owner CCRP Area 15, LLC
Current Land Use(s) The Brownfields Property is zoned as Transit Oriented

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BROWNFIELDS PROPERTY INFORMATION SUMMARY
Development.
1138 N. Caldwell Street/510-516 E. 15th Street has a vacant residence and an occupied multi-tenant commercial retail building. 1133 N. Davidson Street is a gravel parking lot used as parking for the multi-tenant retail building.
Site Vicinity Land Use(s)
Commercial, residential, and an auto salvage business occupy property around the Brownfields Property, with Transit
Oriented Development, Residential, Mixed-Use, and Business
Zoning of adjacent properties.
Proposed Reuse(s)
High-density residential, office, parking, retail, restaurant,
brewery, distillery, or food production facility, entertainment, hotel, open space, recreational, and commercial uses.
Public Benefits of Reuse
Increased productivity, spur additional community
Investment/redevelopment, job creation, tax base increases, smart growth, and expanded use of public transportation
Existing Land Use Restrictions Prior to
Brownfields Agreement
1138 N. Caldwell St./510-516 E. 15th Street (PIN 08106505): As a result of UST Incident #40983, a Notice of Residual Petroleum (NORP) restricting soil disturbance and prohibiting the use of groundwater was recorded in Deed Book 34647, Pages 231-235 at the Mecklenburg County Register of Deeds
on June 3, 2020. The NORP is SUPERSEDED by the Notice of Brownfields Property referenced in paragraph 16 below as provided in paragraph 12 below.

ENVIRONMENTAL INFORMATION SUMMARY
Historical Operations & Contaminant Sources
i. In the early-1910s the Brownfields Property was developed
with five residences, with a sixth added by the late 1920s.
ii. By the early 1950s, five residences were located on the Brownfields Property with a warehouse (constructed in 1928) in the center. The warehouse building was occupied by Martin Transfer & Storage and used for offices and
furniture storage.
iii. The eastern portion of the warehouse building was used for truck/auto repair from the 1950s through the mid-1960s. iv. During the late-1980s and 1990s, four of the residential structures were cleared from the Brownfields Property, and
by the early-2000s, the warehouse was converted to multi-
tenant retail. v. In 2006-2007, a former heating oil UST adjacent to the multi-tenant retail building was closed in place by filling

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ENVIRONMENTAL INFORMATION SUMMARY
with sand. Based on soil sample results from November
2019, a NORP was recorded as referenced above, and the DEQ UST Section issued a No Further Action letter on October 16, 2020.
Current Operations/Activities
i. 1138 N. Caldwell Street/510-516 E. 15th Street has an approximately 1,500 square foot (sq ft) single-family residence, and an approximately 26,200 sq ft multi-tenant
commercial/retail building. The residence is vacant, and
the multi-tenant building is occupied by a variety of tenants including various studios, retail spaces, galleries, a beauty shop, restaurant, tattoo shop, and bicycle shop. ii. 1133 N. Davidson is a gravel parking lot.

Contaminated Media
Soil: Arsenic, benzo(a)pyrene, hexavalent chromium,
naphthalene, total petroleum hydrocarbons (TPH) C9-C-18
aliphatics, and TPH C9-C22 aromatics were detected above established NC Residential Preliminary Soil Remediation Goals (PSRGs). TPH – Diesel Range Organics was detected above the NC UST Section’s Action Level.

Groundwater: Bis (2-ethylhexyl) phthalate, was detected above North Carolina 15A NCAC 02L .0202 Groundwater Standards and was also identified as a lab contaminant. Chloroform was detected in groundwater at a concentration
equal to the NC Residential Groundwater Vapor Intrusion
Screening Level. Soil Vapor: Multiple VOCs were detected above established NC Residential Soil Gas Vapor Intrusion Screening Levels with the primary risk drivers being benzene and 1,3-
butadiene.
ID Numbers/Permits UST Incident No. 40983
Onsite Receptors Considered Residents, on-site workers, construction workers, and visitors.
Potential Offsite Receptors Considered
Residential structures and churches: Multiple single-family homes, townhomes, and apartments are located adjacent to and directly across E. 15th Street from the Brownfields Property. Mission Gathering Charlotte Church is located directly across
N. Caldwell Street, and 15th Street Church of God is located
across E. 15th Street from the Brownfields Property.
Potential offsite migration
pathways
Groundwater/Surface Water: Local groundwater on the
Brownfields Property discharges from the surficial aquifer to

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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
Phase I Environmental Site Assessment – E. 15th Street Site GeoScience Group November 15, 2005
Phase I ESA – Former Residence and Retail Building Hart & Hickman January 2, 2019
Phase II ESA – Area 15 Retail Property Hart & Hickman February 13, 2020
Phase I ESA – E. 15th Street Assembly Hart & Hickman June 14, 2021
Phase II ESA – Hunter Wrecker Assembly Hart & Hickman January 6, 2022
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 November 21, 2022,
purchasing the Brownfields Property on January 8, 2020, continuing to lease the Brownfields
Property to tenants, and marketing the Brownfields Property for sale.
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
ENVIRONMENTAL INFORMATION SUMMARY
the unnamed tributary on the southwest adjacent property.
The surface water body flows to the south-southeast and enters Little Sugar Creek approximately 1400 feet south of the Brownfields Property.

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demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial, and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
7. The Parties agree that a $20,000 “Redevelopment Now” fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a
change is sought to a Brownfields document after it is in effect, in which case there shall be an
additional fee of at least $1,000.

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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 construction jobs and full-time jobs;
d. an increase in tax revenue for affected jurisdictions;
e. expanded use of public transportation which reduces traffic, improves air
quality, and reduces our carbon footprint; and
f. “smart growth” through use of land in an already developed area, which avoids
development of land beyond the urban fringe (“greenfields”).
VI. WORK TO BE PERFORMED

9. The guidelines as embodied in their most current version, including parameters,
principles and policies within which the desired results are to be accomplished are (as to: field
procedures, laboratory testing, Brownfields Program requirements, and remedial or mitigation
measures):
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund
Section;
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Program Assessment Work Plan Checklist; and
d. the Brownfields Survey Plat Checklist.

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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 (Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Locations & Linkages,
Awareness & Education, Innovation in Design and Regional Priority), or a similar program.
11. Based on the information in the Environmental Reports, other available reports, and
subject to imposition of and compliance with the land use restrictions set forth below, and
subject to Section XI of this Agreement (DEQ’s Covenant Not to Sue and Reservation of
Rights), DEQ is not requiring Prospective Developer to perform any active remediation at the
Brownfields Property other than remediation that may be required pursuant to a DEQ-approved
Environmental Management Plan (EMP) as specified in subparagraph 12.b. below, or pursuant
to subparagraph 12.i. below for the “Area Potential Soil Contamination.”
VII. LAND USE RESTRICTIONS
12. By way of the Notice of Brownfields Property referenced below in paragraph 16,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. The Notice of Residual Petroleum for 1138 N. Caldwell Street/510-516 E. 15th
Street (Parcel ID 08106505), previously recorded on June 3, 2020, pursuant to N.C. Gen. Stat. §
143B-279.9(b) and N.C. Gen. Stat. § 143B-279.11 in the Mecklenburg County Register of
Deeds, Book 34647, Pages 231-235, shall immediately be SUPERSEDED upon the filing of

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the Notice of Brownfields Property with the Mecklenburg County Register of Deeds. The land
use restrictions set forth in this Brownfields Agreement and Notice of Brownfields Property
authorized by N.C. Gen. Stat. § 130A-310.35 shall become immediately applicable. All
references to DEQ shall be understood to include any successor in function.
Land Uses
a. No use may be made of the Brownfields Property other than for high-density
residential, office, parking, retail, restaurant, brewery, distillery, or food production facility,
entertainment, hotel, open space, recreational, 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 unless approved in writing in advance by DEQ), and may include related
amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking
garages. Single family homes are prohibited; townhomes, duplexes or other units with yards are
prohibited unless approved in writing by DEQ in advance.
ii. Office is defined as the place where a business operates, or professional
services are provided.
iii. Parking is defined as the temporary accommodation of motor vehicles
in an area designed for same.
iv. Retail is defined as the sale of goods or services, products, or

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merchandise directly to the consumer or businesses and includes showrooms, personal service,
farmer’s markets, food festivals, and the sales of food and/or beverage products, including from
mobile establishments such as food trucks.
v. Restaurant is defined as a commercial business establishment that
prepares and/or serves food and/or beverages, including alcoholic beverages under all applicable
local, state, and federal regulations, to patrons.
vi. Brewery, Distillery, or Food Production Facility is defined as an
establishment for the manufacture, sale, and/or distribution of beverages and/or food products,
including without limitation beer, ale, and distilled spirits, together with associated public
roadways and related infrastructure.
vii. Entertainment is defined as private, public, and community activities
(such as, for example, festivals, theater, musical events or shows), which may include food and
beverage service.
viii. Hotel is defined as the provision of overnight lodging to paying
customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on-
site hospitality, management and reception services.
ix. Open space is defined as land maintained in a natural or landscaped
state and for uses such as natural resource protection, riparian buffers, greenways, or detention
facilities for stormwater.
x. 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, clubhouses, sports-related

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courts and fields, open space, greenways, parks, playgrounds, walking paths, picnic and public
gathering areas, campgrounds, boat docks, and marinas.
xi. 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
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 paragraph 3 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, drums, septic drain fields, oil-water separators,
soil contamination); and
iv. plans for the proper characterization and DEQ approval of both fill

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

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advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
in paragraph 16 below shall be in accordance with applicable legal requirements, including
without limitation those related to lead and asbestos abatement that are administered by the
Health Hazards Control Unit within the Division of Public Health of the North Carolina
Department of Health and Human Services.
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 12.a
above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 12.b., or a plan approved in
writing in advance by DEQ.
Soil
f. No use of the Brownfields Property for uses required to meet residential risk
thresholds 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, asphaltic or
concrete parking areas and driveways, or two feet of documented clean fill material (or another
cover approved by DEQ in writing).
g. No activity that disturbs soil on the Brownfields Property may occur unless

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and until DEQ states in writing, in advance of the proposed activity, that said activity may occur
if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24”;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection with work conducted in accordance with a DEQ-
approved EMP as outlined above in subparagraph 12.b.
h. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined above in subparagraph 12.b.
i. Soil within the “Area of Potential Soil Contamination” of the Brownfields
Property as denoted on the plat component of the Notice of Brownfields Property referenced in
paragraph 16 below shall remain covered with an impervious surface such as asphalt, concrete,
or building foundations (or another cover approved in writing and in advance by DEQ) until such
time as the “Area of Potential Soil Contamination” is redeveloped in accordance with a DEQ-
approved EMP as outlined in paragraph 12.b. above. The impervious surface covering the “Area
of Potential Soil Contamination” shall be inspected annually to ensure integrity, and any needed

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repairs shall be conducted within 30 days of being identified. Inspections and repairs shall be
documented and reported annually with the Land-Use Restriction Update (LURU) referenced in
subparagraph 12.p. below.
Vapor Intrusion
j. No enclosed building may be constructed on the Brownfields Property, and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 16 below, may be occupied for uses required to meet
residential risk thresholds 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 (or
alternate standards approved in writing in advance by DEQ), 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

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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.
k. No occupancy of newly constructed enclosed buildings on the Brownfields
Property, and no occupancy of existing buildings, defined as those depicted on the plat
component of the Notice of Brownfields Property referenced in paragraph 16 below, for uses
required to meet residential risk thresholds may occur until a work plan for the sampling of sub-
slab vapor and concurrent indoor air sampling 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 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 of newly constructed enclosed
buildings or prior to occupancy of existing buildings for uses required to meet residential risk
thresholds, analytical results must demonstrate that concentrations of contaminants in indoor
spaces from subsurface vapor intrusion are below applicable risk thresholds to DEQ’s written
satisfaction.
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

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reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
Damage to Monitoring Points
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 upon Transfers
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 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.

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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 fuel or other fluids customarily used in vehicles, landscaping
equipment, machinery, and emergency generators; and
iii. as constituents of products or materials customarily used and stored in
high-density residential, office, parking, retail, restaurant, brewery, distillery, or food production
facility, entertainment, hotel, open space, recreational, and, with prior written DEQ approval,
other commercial environments, provided such products or materials are stored in original retail
packaging and 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 16 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to
DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that

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the land use restrictions are being complied with. The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact
person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year;
ii. the transferee’s name, mailing address, telephone and facsimile
numbers, and contact person’s e-mail address, if said owner transferred any part of the
Brownfields Property during the previous calendar year;
iii. the results of all inspection and maintenance activities associated with
the impervious surface covering the “Area of Potential Soil Contamination” if required pursuant
to subparagraph 12.i.;
iv. whether any vapor barrier and/or mitigation systems and any associated
subgrade vapor monitoring network installed pursuant to subparagraph 12.j. above are
performing as designed, and whether the uses of the ground floors of any buildings containing
such vapor barrier and/or mitigation systems have changed, and, if so, how;
v. A LURU submitted for rental units shall include enough of each lease
entered into during the previous calendar year to demonstrate compliance with lessee notification
requirements in subparagraph 12.n., above provided that if abstracts of leases are sent, or
standard form leases or riders are used in every instance, a copy of such abstract, standard form
lease or rider may be sent in lieu of copies of actual leases; and
vi. A property owners’ association or other entity may perform this
LURU’s duties, on behalf of some or all owners of the Brownfields Property, if said association
or entity has accepted responsibility for such performance pursuant to a notarized instrument

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satisfactory to DEQ that includes at a minimum, the name, mailing address, telephone and
facsimile numbers, and e-mail address of each owner on whose behalf the LURU is proposed to
be submitted.
13. The desired result of the above-referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in this Agreement while fully protecting
public health and the environment.
14. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VIII. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
15. In addition to providing access to the Brownfields Property pursuant to subparagraph
12.l. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of

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DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
16. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property (“Notice”) for the Brownfields Property containing, inter alia, the land use restrictions
set forth in Section VII (Land Use Restrictions) of this Agreement and a survey plat of the
Brownfields Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date
of this Agreement, Prospective Developer shall file the Notice in the Mecklenburg County,
North Carolina, Register of Deeds’ Office. Within three (3) days thereafter, Prospective
Developer shall furnish DEQ a copy of the documentary component of the Notice containing a
certification by the register of deeds as to the Book and Page numbers where both the
documentary and plat components of the Notice are recorded, and a copy of the plat with
notations indicating its recordation.
17. This Agreement shall be attached as Exhibit A to the Notice. Subsequent to
recordation of said Notice, any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: “This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the
Mecklenburg County land records, Book ____, Page ____.” A copy of any such instrument shall
be sent to the persons listed in Section XVII (Notices and Submissions), though financial figures
and other confidential information related to the conveyance may be redacted to the extent said
redactions comply with the confidentiality and trade secret provisions of the North Carolina
Public Records Law. Prospective Developer may use the following mechanisms to comply with

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the obligations of this paragraph: (i) If every lease or rider is identical in form, Prospective
Developer may provide DEQ with copies of a form lease or rider evidencing compliance with
this paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in
Section XVII (Notices and Submissions); or (ii) Prospective Developer may provide abstracts of
leases, rather than full copies of said leases, to the persons listed in Section XVII.
18. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
IX. DUE CARE/COOPERATION
19. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property while Prospective
Developer owns the Brownfields Property, the Prospective Developer shall immediately take all
appropriate action to prevent, abate, or minimize such release or threat of release, shall comply
with any applicable notification requirements under NCGS § 130A-310.1 and 143-215.85,
Section 103 of CERCLA, 42 USC § 9603, and/or any other law, and shall immediately notify the
DEQ Official referenced in subparagraph 31.a. below of any such required notification.

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X. CERTIFICATION
20. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated November 21, 2022, by which it applied for this
Agreement. That use is that which is provided above in subparagraph 12.a. of this Agreement.
Prospective Developer also certifies that to the best of its knowledge and belief it has fully and
accurately disclosed to DEQ all information known to Prospective Developer and all information
in the possession or control of its officers, directors, employees, contractors and agents which
relates in any way to any past use of regulated substances or known contaminants at the
Brownfields Property and to its qualification for this Agreement, including the requirement that
it not have caused or contributed to the contamination at the Brownfields Property.
XI. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
21. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required

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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
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.

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26094-22-060/Martin Transfer & Storage/20231116 PC
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
22. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
23. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
24. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 21 through 23 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
XII. PROSPECTIVE DEVELOPER’S COVENANT NOT TO SUE
25. In consideration of DEQ’s Covenant Not To Sue in Section XI of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this

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26094-22-060/Martin Transfer & Storage/20231116 PC
Agreement or the above-referenced Notice of Brownfields Property.
XIII. PARTIES BOUND
26. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, on behalf of itself and on behalf of 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
27. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer’s duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
28. Except for the land use restrictions set forth in paragraph 12 above and NCGS §
130A-310.33(a)(1)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XV. DOCUMENT RETENTION
29. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and

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26094-22-060/Martin Transfer & Storage/20231116 PC
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
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XVI. PAYMENT OF ENFORCEMENT COSTS
30. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section VI (Work to be Performed) and Section
VII (Land Use Restrictions), it shall be liable for all litigation and other enforcement costs
incurred by DEQ to enforce this Agreement or otherwise obtain compliance.
XVII. NOTICES AND SUBMISSIONS
31. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a

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26094-22-060/Martin Transfer & Storage/20231116 PC
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 Developers: Todd Harrison CCRP Area 15, LLC 500 E. Morehead Street, Suite 230
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
written evidence of date of receipt shall be effective on such date.
XVIII. EFFECTIVE DATE
32. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ’s approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in NCGS § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and to invalidate its signature on this Agreement.

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26094-22-060/Martin Transfer & Storage/20231116 PC
XIX. TERMINATION OF CERTAIN PROVISIONS
33. If any Party believes that any or all of the obligations under Section VIII
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XX. CONTRIBUTION PROTECTION
34. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
35. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
36. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XXI. PUBLIC COMMENT
37. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the

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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.

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:
CCRP Area 15, LLC, a North Carolina limited liability company
By: CCRP Management, LLC, a North Carolina limited liability company, Manager By:
____________________________________________________________________________
Todd Harrison, Manager Date
Exhibit 1

USGS Quadrangle Map | Copyright: © 2011 National Geographic Society, i-cubed | Esri
Site Loca�on Map
Mar�n Transfer & Storage
Brownfields Project #26094-22-060
East 15th Street and North Caldwell Street
Charlotte, North Carolina
Brownfields
Property
N
2000 feet
Martin Transfer & Storage/26094-22-060/20231116 PC

1
Exhibit 2 Brownfields Property Name: Martin Transfer & Storage
Brownfields Project Number: 26094-22-060
The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred in August-September 2021. The following tables set forth, for contaminants present at the Brownfields Property at or above unrestricted use standards or
screening levels, the maximum concentration found at each sample location, and the applicable
standard or screening level. Screening levels and groundwater standards are shown for reference only and are not set forth as cleanup levels for purposes of this Agreement. GROUNDWATER

Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the standards for which are contained in Title 15A of the North Carolina Administrative Code, Subchapter 2L (2L), Rule .0202 (April 1, 2022 version):
Groundwater Contaminant Sample
Location
Date of
Sampling
Maximum
Concentration
Exceeding
Standard (µg/L)
2L Standard
(µg/L)
Bis (2-ethylhexyl) phthalate TMW-1 11/27/2019 250 1 3
1 Compound detected in laboratory blank and reported to be a laboratory contaminant.
GROUNDWATER VAPOR INTRUSION RISK

Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are derived from the Residential Vapor Intrusion Screening Levels of the Division of Waste Management (July 2023 version):
Groundwater
Contaminant with
Potential for Vapor
Intrusion
Sample Location Date of
Sampling
Concentration
at or
Exceeding
Screening
Level (µg/L)
Residential
VI
Screening
Level1
(µg/L)
Chloroform TMW-1 11/27/2019 0.81 0.81
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.
Martin Transfer & Storage/26094-22-060/20231116 PC

2

SOIL Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the screening levels for which are derived from the Preliminary Residential Health-Based Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section (July 2023 version), unless noted otherwise:
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 method detection limit exceeds the applicable screening level. 3 North Carolina Department of Environmental Quality (DEQ) Underground Storage Tank (UST) Section’s Action Level (December 2013) NS – No established screening level. If no screening level is established, then the laboratory reporting
limit is considered the screening level.
Soil Contaminant Sample Location Depth (ft) Date of Sampling
Maximum
Concentration Exceeding Screening Level (mg/kg)
Residential Screening Level 1 (mg/kg)
Arsenic COMP-4 0-2 8/30/2021 3.49 0.68 COMP-5 0-2 8/31/2021 1.53
Benzo(a)pyrene
COMP-4 0-2 8/30/2021 <0.158 ²
0.11 COMP-5 0-2 8/31/2021 0.140 J
SB-2 6-8 11/7/2019 <0.17 ²
Hexavalent Chromium
COMP-4 0-2 8/30/2021 1.31 J 0.31 COMP-5 0-2 8/31/2021 0.608 J
4-Isopropyl toluene SB-2 6-8 11/7/2019 0.056 NS
Naphthalene SB-2 6-8 11/7/2019 9.0 2.1
Phenanthrene COMP-5 0-2 8/31/2021 0.173 J NS
Total Petroleum
Hydrocarbons –
Aliphatics Medium
(C9-C18)
SB-2 6-8 11/7/2019 2,358 20
Total Petroleum
Hydrocarbons –
Aromatics Medium
(C9-C22)
SB-2 6-8 11/7/2019 349 62
Total Petroleum Hydrocarbons -
Diesel Range
Organics
SB-2 6-8 11/7/2019 1,560 100 3
Martin Transfer & Storage/26094-22-060/20231116 PC

3
J – Compound was detected above the laboratory method detection limit, but below the laboratory reporting limit resulting in a laboratory estimated concentration.

SOIL GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (July 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-14 8/31/2021 145
NS
SG-15 8/31/2021 176
SG-16 8/31/2021 247
SG-17 9/2/2021 157
SG-18 8/31/2021 139
SG-20 8/31/2021 177
SG-22 8/31/2021 268
SG-23 8/31/2021 173
SSV-1 8/31/2021 90.6
Benzene
SG-14 8/31/2021 174
12
SG-15 8/31/2021 51.0
SG-16 8/31/2021 30.7
SG-18 8/31/2021 35.2
SG-20 8/31/2021 224
SG-22 8/31/2021 82.9
SG-23 8/31/2021 37.6
1,3-Butadiene SG-23 8/31/2021 39.1 3.1
Chloroform SG-15 8/31/2021 6.7 4.1
1,3-Dichlorobenzene SG-22 8/31/2021 5.2 J NS SG-23 8/31/2021 2.1 J
Ethanol
SG-14 8/31/2021 43.8
NS
SG-15 8/31/2021 12.2
SG-16 8/31/2021 44.7
SG-17 9/2/2021 47.4
SG-18 8/31/2021 39.4
SG-20 8/31/2021 21.0
Martin Transfer & Storage/26094-22-060/20231116 PC

4
SG-22 8/31/2021 145
SG-23 8/31/2021 92.9
SSV-1 8/31/2021 75.4
Ethylbenzene
SG-14 8/31/2021 144
37 SG-15 8/31/2021 57.2
SG-17 9/2/2021 39.9
SG-20 8/31/2021 49.3
4-Ethyltoluene
SG-14 8/31/2021 58.2
NS
SG-15 8/31/2021 15.9
SG-16 8/31/2021 11.3
SG-17 9/2/2021 19.1
SG-18 8/31/2021 9.2
SG-20 8/31/2021 3.4 J
SG-22 8/31/2021 5.5
SG-23 8/31/2021 3.3 J
SSV-1 8/31/2021 1.3 J
Naphthalene
SG-14 8/31/2021 5.6
2.8
SG-15 8/31/2021 17.3
SG-16 8/31/2021 5.8 J
SG-17 9/2/2021 5.2 J
SG-18 8/31/2021 5.1 J
SG-20 8/31/2021 5.7
SG-22 8/31/2021 5.4 J
SG-23 8/31/2021 5.2
SSV-1 8/31/2021 7.3
Trichlorofluoromethane
SG-14 8/31/2021 2.0 J
NS
SG-15 8/31/2021 3.6
SG-16 8/31/2021 2.5 J
SG-17 9/2/2021 1.3 J
SG-18 8/31/2021 4.7
SG-20 8/31/2021 2.6
SG-23 8/31/2021 3.4
SSV-1 8/31/2021 2.3
Vinyl Chloride SG-14 8/31/2021 7.8 5.6 SG-20 8/31/2021 58.5 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. 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 above the laboratory method detection limit, but below the laboratory reporting limit resulting in a laboratory estimated concentration.
DRAFT
DRAFT
Exhibit C - Legal Description Brownfields Property Name: Martin Transfer & Storage Brownfields Project Number: 26094-22-060
Being that certain parcel of land lying and being in the City of Charlotte, Mecklenburg County, North Carolina, and being more particularly described as follows:
BEGINNING at a 5/8” existing iron rod located on the northern margin of the right-of-way of North Davidson Street (a 40 ft public right-of-way), said point also being located at the southeast corner of the Thomas R. & Carroll E. Hunter Property as described in Deed Book 07782, Page 545; thence with the aforesaid Hunter Property N41°49’03”W (passing a 1/2” new iron rod at 143.11 feet) for a total distance of 378.11 feet to a 1/2” new iron rod located on the southern
margin of the right-of-way of North Caldwell Street (a 40 ft public right-of-way), thence along the southern margin of the aforesaid North Caldwell Street N48°42’43”E a distance of 150.00 feet to a 1” existing iron pipe located on the southern margin of the right-of-way of East 15th Street (a 40 ft public right-of-way); thence along the southern margin of East 15th Street S41°28’49”E a distance of 236.48 feet to a 5/8” existing iron pipe; thence continuing with the
southern margin of East 15th Street S41°44’52”E a distance of 144.96 feet to a new nail located on the northern margin of the aforesaid North Davidson Street; thence along the northern margin of North Davidson Street S50°00’06”W a distance of 148.50 feet to the point and place of BEGINNING. Having an area of 56,562 square feet (1.2985 acres) according to a survey by R.B. Pharr & Associates, P.A. dated June 28, 2023. Job No. 95227.