Harding_ Full Notice of Intent

20009-16-060/Harding Place Assemblage (2016.09.06)
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NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Site Name: Harding Place Assemblage
Brownfields Project Number: 20009-16-060

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 properties that
may have been or were contaminated by past industrial and commercial activities. One of the Act’s
requirements is this Notice of Intent to Redevelop a Brownfields Property approved by the North
Carolina Department of Environmental Quality (“DEQ”). See NCGS § 130A-310.34(a). The Notice of
Intent must 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 prepared in accordance with NCGS § 130A-310.35. The party (“Prospective
Developer”) who desires to enter into a Brownfields Agreement with DEQ must provide a copy of this
Notice to all local governments having jurisdiction over the brownfields property. The proposed Notice
of Brownfields Property for a particular brownfields project is attached hereto; the proposed
Brownfields Agreement, which is attached to the proposed Notice of Brownfields Property as Exhibit A,
contains the other required elements of this Notice. Written public comments may be submitted to DEQ
within 30 days after the latest of the following dates: the date the required summary of this Notice is (1)
published in a newspaper of general circulation serving the area in which the Property is located, (2)
conspicuously posted at the Property, and (3) mailed or delivered to each owner of property contiguous
to the brownfields property. Written requests for a public meeting may be submitted to DEQ within 21
days after the period for written public comments begins. Those periods will start no sooner than
September 7, 2016, and will end on the later of: a) 30 and 21 days, respectively, after that; or b) 30 and
21 days, respectively, after completion of the latest of the three (3) above-referenced dates. All comments
and meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646

20009-16-060/Harding Place Assemblage (Draft 2016.09.06)
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Property Owner: Harding Place Residential Partners, LLC
Recorded in Book ____, Page ____
Associated plat recorded in Plat Book ____, Page ____

NOTICE OF BROWNFIELDS PROPERTY
Site Name: Harding Place Assemblage
Brownfields Project Number: 20009-16-060

This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat
component, have been filed this _____ day of __________________, 201__ by Southern Apartment Group
– Harding, LLC (“Prospective Developer”).

This Notice concerns contaminated property.

A copy of this Notice certified by the North Carolina Department of Environmental Quality
(“DEQ”) is required to be filed in the Register of Deeds’ Office in the county or counties in which the
land is located, pursuant to North Carolina General Statutes (“NCGS”), § 130A-310.35(b).

This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate the danger to
public health or the environment posed by environmental contamination at a property (“Brownfields
Property”) being addressed under the Brownfields Property Reuse Act of 1997, NCGS § 130A, Article 9,
Part 5 (“Act”).

Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified copy of this
Notice within 15 days of Prospective Developer’s receipt of DEQ’s approval of the Notice or Prospective
Developer’s entry into the Brownfields Agreement required by the Act, whichever is later. The copy of
the Notice certified by DEQ must be recorded in the grantor index under the names of the owners of the
land and, if Prospective Developer is not the owner, also under the Prospective Developer’s name.

The Brownfields Property is located at Place 1316, 1322, 1328 Greenwood Cliff; 1315, 1317, 1321,
1325, and 1329 Harding Place in Charlotte, Mecklenburg County, bearing Tax Identification Numbers
12521214, 12521213, 12521212, 12521206, 12521207, 12521208, 12521209, and 12521210. The property was
historically occupied by single-family residences and associated outbuildings, commercial uses such as offices
and salons, and a dark room was utilized in the basement of the property at 1316 Greenwood Cliff. The
proposed use of the 1.67-acre property that is the subject of this agreement is multi-family residential, office,
retail, parking, and subject to DEQ’s prior written approval, other commercial uses.
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The Brownfields Agreement between Prospective Developer and DEQ is attached hereto as
Exhibit A. It 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, and is required by NCGS § 130A-310.32. The
Brownfields Agreement’s Exhibit 2 consists of one or more data tables reflecting the concentrations of
and other information regarding the Property’s regulated substances and contaminants.

Attached as Exhibit B to this Notice is a reduction, to 8 1/2" x 11", 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 restrictions are hereby imposed on the Brownfields Property, and are as follows:

1. No use may be made of the Property other than for multi-family residential, office, retail,
parking, and subject to DEQ’s prior written approval, other commercial uses. For purposes of this
restriction, the following definitions apply.

a. Multi-family residential is defined as multi-unit human dwellings, such as duplexes,
triplexes, quadriplexes, condominia, or apartments. Single family homes or units with yards are
prohibited unless waived in writing by DEQ in advance.
b. Office is defined as the provision of business or professional services.
c. Retail is defined as the sale of goods or services, products, or merchandise directly to the
consumer or businesses and includes showrooms, personal service, and the sales of food and beverage
products.
d. Parking is defined as the temporary accommodation of motor vehicles in an area
designed for same.
e. Commercial is defined as an enterprise carried on for profit or nonprofit by the owner,
lessee or licensee.

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2. The Property may not be used for child care, adult care centers or schools without the prior
written approval of DEQ.

3. Groundwater at the Property may not be used for any purpose without the prior written
approval of DEQ.

4. Soil may not be removed from, or brought onto, the property without prior sampling and
analysis to DEQ’s satisfaction and the written approval of DEQ, unless conducted in accordance with an
approved Environmental Management Plan (EMP) as outlined in Paragraph 8.

5. No activity that disturbs soil on the 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 Property will be suitable for the uses specified in paragraph 1 above
while fully protecting public health and the environment, except:

a. Mowing and pruning of above-ground vegetation;
b. Repair of underground infrastructure; or
c. Activities in accordance with an Environmental Management Plan as outlined in
paragraph 8.

6. Demolition of site structures shall be conducted in accordance with all applicable local, state,
and federal 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.

7. Not later than completion of redevelopment, the known USTs, identified above in
subparagraph 7.a. of Exhibit A hereto shall be removed. The removal plans for these USTs, and any new
ones discovered during redevelopment activities, shall be addressed in the EMP required in paragraph 8
below.

8. Physical redevelopment of the 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 Property, the timing of redevelopment phases, and
addresses health, safety and environmental issues that may arise from use of the Property during
construction or redevelopment in any other form, including without limitation:

a. soil and water management issues, including without limitation those resulting from
contamination identified in the Environmental Reports;
b. issues related to potential sources of contamination referenced in paragraph 8 of Exhibit
A hereto;
c. contingency plans for addressing, including without limitation the testing of soil and
groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks,
drums, septic drain fields, oil-water separators, soil contamination); and
d. plans for the proper characterization of, and, as necessary, disposal of contaminated
soils excavated during redevelopment.

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9. By January 30 of each year after the effective date of this Agreement for as long as physical
redevelopment of the Property continues (except that the final deadline shall fall 90 days after the
conclusion of physical redevelopment), the then owner of the 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:

a. actions taken on the Property in accordance with Section V: Work to be Performed of
Exhibit A hereto;
b. soil grading and cut and fill actions;
c. methodology(ies) employed for field screening, sampling and laboratory analysis of
environmental media;
d. 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
e. removal of any UST, contaminated soil, water or other contaminated materials (for
example, concrete, demolition debris) from the Property (copies of all legally required manifests shall be
included).

10. Neither DEQ, nor any party conducting environmental assessment or remediation at the
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 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 Property.

11. Any deed or other instrument conveying an interest in the Property shall contain the following
notice: “The Property which is the subject of this instrument 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 XV (Notices and Submissions) of Exhibit A hereto, though financial figures related to the
conveyance may be redacted. If DEQ issues prior, written approval, Prospective Developer may use the
following mechanisms to comply with the obligations of this paragraph, subject to the terms and
conditions that DEQ may establish in such approval: (i) If every lease and 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 XV
(Notice and Submissions) of Exhibit A hereto; or (ii) Prospective Developer may provide abstracts of
leases, rather than full copies of said leases, to the persons listed in Section XV of Exhibit A hereto.

12. None of the contaminants known to be present in the environmental media at the 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 Property, may be used or stored at the Property
without the prior written approval of DEQ, except:

a. in de minimis quantities for cleaning and other routine housekeeping and maintenance
activities;
b. as constituents of products and materials customarily used and stored in office and retail
environments, provided such products and materials are stored in original retail packaging and used and
disposed of in accordance with applicable laws; and
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c. as fuel or other fluids customarily used in vehicles, landscaping equipment, and
emergency generators.

13. During January of each year after the year in which this Notice is recorded, the owner of any
part of the 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, and stating:

a. the name, mailing address, telephone and facsimile numbers, and contact person’s e-
mail address of the owner, board, association or approved entity submitting the LURU if said owner,
acquired any part of the Property during the previous calendar year;
b. 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 Property during the previous calendar
year;
c. A LURU submitted for any portion of the Property that contains rental units shall
include a list of tenants and their addresses;
d. A LURU submitted for rental units shall include the rent roll (renter/lessee’s name and
address) and enough of each lease (which can be a form lease as described in paragraph 21 of Exhibit A
hereto) entered into during the previous calendar year to demonstrate compliance with lessee notification
requirements in paragraph 11 of this notice and paragraph 22 of Exhibit A hereto.
e. A property owners’ association or other entity may perform this LURU’s duties, on
behalf of some or all owners of the 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
official referenced in paragraph 35.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.

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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 _______________, 201__.

Southern Apartment Group – Harding, LLC

By: __________________________________________
Shane Seagle
Manager, Southern Apartment Group – Harding LLC

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

___________________________________
Notary’s printed or typed name, Notary Public
(Official Seal) My commission expires: _____________________

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ACKNOWLEDGMENT OF PROPERTY OWNER

As the current owner, or representative of said owner, of the Brownfields Property, I hereby acknowledge
recordation of this Notice of Brownfields Property and the Land Use Restrictions contained herein.

Owner Name: Harding Place Residential Partners, LLC

By: ____________________________________ ________________
Date

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: _________________________________________ ________________________
Michael E. Scott Date
Director, Division of Waste Management

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EXHIBIT A

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY

IN THE MATTER OF: Southern Apartment Group – Harding, LLC

UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Harding Place Assemblage
OF 1997, NCGS § 130A-310.30, et seq. ) 1316, 1322, 1328 Greenwood Cliff;
1315, 1317, 1321, 1325, and 1329
Harding Place
Brownfields Project # 20009-16-060 ) Charlotte, Mecklenburg County

I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and Southern Apartment Group – Harding, LLC
(collectively the "Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS §
130A-310.30, et seq. (the “Act”).
Southern Apartment Group – Harding, LLC is a North Carolina member-managed
limited liability company whose business address is 1435 West Morehead Street, Suite 130,
Charlotte, North Carolina, 28208. The principal officer is Mr. Shane Seagle. This Agreement
pertains to 1.67 acres located at Greenwood Cliff and Harding Place in Charlotte, Mecklenburg
County, bearing Tax Identification Numbers 12521214, 12521213, 12521212, 12521206,
12521207, 12521208, 12521209, and 12521210. The proposed use of the property that is the
subject of this agreement is multi-family residential, office, retail, parking, and subject to DEQ’s
prior written approval, other commercial uses. A map showing the location of the property
which is the subject of this Agreement is attached hereto as Exhibit 1.
The Parties agree to undertake all actions required by the terms and conditions of this
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Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section VIII (Certification), Section IX (DEQ’s Covenant Not to Sue
and Reservation of Rights) and Section X (Prospective Developer’s Covenant Not to Sue), the
potential liability of Southern Apartment Group – Harding, LLC for contaminants at the property
which is the subject of this Agreement.
The Parties agree that Southern Apartment Group – Harding, LLC’s entry into this
Agreement, and the actions undertaken by Southern Apartment Group – Harding, LLC in
accordance with the Agreement, do not constitute an admission of any liability by Southern
Apartment Group – Harding, LLC.
The resolution of this potential liability, in exchange for the benefit Southern Apartment
Group – Harding, 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. “Property” shall mean the Brownfields Property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2. "Prospective Developer" shall mean Southern Apartment Group – Harding, LLC.
III. STATEMENT OF FACTS
3. The Property comprises 1.67 acres. Prospective Developer has committed itself to
redevelopment for no uses other than multi-family residential, office, retail, parking, and subject
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to DEQ’s prior written approval, other commercial uses.
4. The Property is bordered to the north by land used for a Wells Fargo Bank,
Kenilworth Avenue, and Greenwood Cliff Road; to the south by Greenwood Cliff Road and
Harding Place, beyond which is land used for residences, apartments and offices; to the east by
Greenwood Cliff Road, beyond which is land used for offices and residences; and to the west by
Harding Place, beyond which is land used for residences and land actively under construction
and owned by Dilworth Ventures, LLC.
5. Prospective Developer obtained or commissioned the following reports, referred to
hereinafter as the “Environmental Reports,” regarding the Property:
Title Prepared by Date of Report

Revised Phase I Environmental Site
Assessment – Harding Place Assemblage
Hart & Hickman, PC October 14, 2015
Phase II Soil Assessment Report – Harding
Place Assemblage
Hart & Hickman, PC January 12, 2016
Brownfields Receptor Survey Hart & Hickman, PC June 29, 2016
Brownfields Assessment Report –
Greenwood Cliff and Harding Place
Hart & Hickman, PC July 1, 2016

6. For purposes of this Agreement, DEQ relies on the following representations by
Prospective Developer as to use and ownership of the Property:
a. Prior to 1929 the Property was developed with single-family residences and
associated outbuildings.
b. From the late 1960s to the early 2000s, the single-family residences located at
1316 and 1328 Greenwood Cliff and 1315, 1317, and 1325 Harding Place transitioned to
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commercial use such as offices and salons. The remaining parcels continued as residential uses.
c. A dark room utilized for photograph processing was identified in the basement
of the property at 1316 Greenwood Cliff.
d. The Prospective Developer negotiated a contract for purchase of the parcels.
The parcels comprising the Property were purchased by a related entity on August 30, 2016,
known as Harding Place Residential Partners, LLC, which is partly owned by the Prospective
Developer.
7. Pertinent environmental information regarding the Property and surrounding area
includes the following:
a. Three existing underground storage tanks (USTs) were identified at the
Property at the structures associated with the following addresses: 1325 Harding Place (Tax ID
12521209), 1329 Harding Place (Tax ID 12525210), and 1328 Greenwood Cliff (Tax ID
12525212). The UST at 1328 Greenwood Cliff has not yet been evaluated for a release, due to
the lack of access allowed by the property owner. There is potential for additional heating oil
USTs to have been or currently be present on the Property.
b. A photography studio with active dark room formerly operated in the basement
of the building at 1316 Greenwood Cliff (Tax ID 12521214). A floor drain was noted in the
former dark room and was reportedly connected to the City of Charlotte sewer system.
8. Environmental information regarding the groundwater, soil, and vapor on the Property
includes the following:
a. Two groundwater samples collected in 2016 were analyzed; however, no
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constituents were identified above applicable standards.
b. Soil sampling indicated concentrations of various constituents above
applicable screening levels as outlined below.
i. Petroleum impacted soils were identified around the UST associated
with the residence at 1325 Harding Place.
ii. Lead impacted soils were identified in the driplines of select site
residential structures. These impacts are estimated to extend up to 8 ft from the building
foundations and to a depth up to 1.25 ft below existing ground surface.
iii. Antimony, cobalt, and vanadium were detected above the residential
screening criteria. However, based on the lack of a likely source of these compounds and the
consistent concentrations across the site horizontally and at various depths, these appear to be
naturally occurring metals in site soils.
iv. Manganese was identified adjacent to the floor drain in the former
dark room at 1316 Greenwood Cliff at a concentration slightly above naturally occurring
background levels but still above residential screening criteria
c. Soil vapor sampling was not required due to the lack of groundwater impacts
identified and the knowledge that petroleum impacted soils would be removed prior to new
construction.
d. One or more data tables reflecting the concentrations of and other information
regarding the Property’s contaminants appear in Exhibit 2 to this Agreement.
9. For purposes of this Agreement DEQ relies on Prospective Developer’s
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representations that Prospective Developer's involvement with the Property has been limited to
obtaining or commissioning the Environmental Reports, preparing and submitting to DEQ a
Brownfields Property Application (BPA) dated January 21, 2016, and negotiating purchase
contracts for the Property.
10. 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 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 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 Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
11. The Parties agree that a $30,000 “Redevelopment Now” fee Prospective Developer
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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.
IV. BENEFIT TO COMMUNITY
12. The redevelopment of the Property proposed herein would provide the following
public benefits:
a. an increase in the Property’s productivity;
b. the creation of construction jobs during redevelopment;
c. an increase in the tax base in a currently underutilized area;
d. project location adjacent to a public greenway promotes pedestrian travel and
the reduction of dependence on vehicular transportation; and
e. “smart growth” through use of land in an already developed area, which avoids
development of land beyond the urban fringe (“greenfields”).
V. WORK TO BE PERFORMED
13. In redeveloping the Property, Prospective Developer shall consider the application of
sustainability principles at the 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
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and Regional Priority), or a similar program.
14. Based on the information in the Environmental Reports, and subject to imposition of
and compliance with the land use restrictions set forth below, and subject to Section IX 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 Property other than remediation
that may be required pursuant to a DEQ-approved Environmental Management Plan (EMP)
required by this Section.
15. By way of the Notice of Brownfields Property referenced below in paragraph 20,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the 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.
a. No use may be made of the Property other than for multi-family residential,
office, retail, parking, and subject to DEQ’s prior written approval, other commercial uses. For
purposes of this restriction, the following definitions apply.
i. Multi-family residential is defined as multi-unit human dwellings, such
as duplexes, triplexes, quadriplexes, condominia, or apartments. Single family homes or units
with yards are prohibited unless waived in writing by DEQ in advance.
ii. Office is defined as the provision of business or professional services.
iii. Retail is defined as the sale of goods or services, products, or
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merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and beverage products.
iv. Parking is defined as the temporary accommodation of motor vehicles
in an area designed for same.
v. Commercial is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. The Property may not be used for child care, adult care centers or schools
without the prior written approval of DEQ.
c. Groundwater at the Property may not be used for any purpose without the prior
written approval of DEQ.
d. Soil may not be removed from, or brought onto, the 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 in Paragraph 15.h.
e. No activity that disturbs soil on the 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 Property will be suitable for the
uses specified in subparagraph 15.a. above while fully protecting public health and the
environment, except:
i. Mowing and pruning of above-ground vegetation;
ii. Repair of underground infrastructure;
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iii. Activities in accordance with an Environmental Management Plan as
outlined in subparagraph 15.h.
f. Demolition of site structures shall be conducted in accordance with all
applicable local, state, and federal 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.
g. Not later than completion of redevelopment, the known USTs, identified above
in subparagraph 7.a. shall be removed. The removal plans for these USTs, and any new ones
discovered during redevelopment activities, shall be addressed in the EMP required in
subparagraph 15.h. below
h. Physical redevelopment of the 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 Property, the
timing of redevelopment phases, and addresses health, safety and environmental issues that may
arise from use of the Property during construction or redevelopment in any other form, including
without limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in
paragraph 8 above;
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iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil
contamination); and
iv. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment.
i. By January 30 of each year after the effective date of this Agreement for as
long as physical redevelopment of the Property continues (except that the final deadline shall fall
90 days after the conclusion of physical redevelopment), the then owner of the 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 Property in accordance with Section V: 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 UST, contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Property (copies of all legally
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required manifests shall be included).
j. Neither DEQ, nor any party conducting environmental assessment or
remediation at the 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 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 Property.
k. Any deed or other instrument conveying an interest in the Property shall
contain the following notice: “The Property which is the subject of this instrument 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 XV (Notices and Submissions), though
financial figures related to the conveyance may be redacted. If DEQ issues prior, written
approval, Prospective Developer may use the following mechanisms to comply with the
obligations of this paragraph, subject to the terms and conditions that DEQ may establish in such
approval: (i) If every lease and 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 XV (Notice and
Submissions); or (ii) Prospective Developer may provide abstracts of leases, rather than full
copies of said leases, to the persons listed in Section XV.
l. None of the contaminants known to be present in the environmental media at
the Property, as described in Exhibit 2 of this Agreement and as modified by DEQ in writing if
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additional contaminants in excess of applicable standards are discovered at the Property, may be
used or stored at the 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 products and materials customarily used and stored in
office and retail environments, provided such products and materials are stored in original retail
packaging and used and disposed of in accordance with applicable laws; and
iii. as fuel or other fluids customarily used in vehicles, landscaping
equipment, and emergency generators.
m. During January of each year after the year in which the Notice referenced
below in paragraph 20 is recorded, the owner of any part of the 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, and stating:
i. the name, mailing address, telephone and facsimile numbers, and
contact person’s e-mail address of the owner, board, association or approved entity submitting
the LURU if said owner, acquired any part of the 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 Property
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during the previous calendar year;
iii. A LURU submitted for any portion of the Property that contains rental
units shall include a list of tenants and their addresses;
iv. A LURU submitted for rental units shall include the rent roll
(renter/lessee’s name and address) and enough of each lease (which can be a form lease as
described in paragraph 21) entered into during the previous calendar year to demonstrate
compliance with lessee notification requirements in paragraphs 15.k. and 22 of this agreement.
v. A property owners’ association or other entity may perform this
LURU’s duties, on behalf of some or all owners of the 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.
16. The desired result of the above-referenced land use restrictions is to make the
Property suitable for the uses specified in the Agreement while fully protecting public health and
the environment.
17. The guidelines, including parameters, principles and policies within which the
desired results are to be accomplished are, as to field procedures and laboratory testing, the
Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section and Division of
Waste Management Vapor Intrusion Guidance, as embodied in their most current version.
18. The consequence of achieving the desired results will be that the Property will be
suitable for the uses specified in the Agreement while fully protecting public health and the
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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.
VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
19. In addition to providing access to the Property pursuant to subparagraph 15.j. 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 Property under applicable law, which 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 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 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.
20. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property for the Property containing, inter alia, the land use restrictions set forth in Section V
(Work to Be Performed) of this Agreement and a survey plat of the Property. Pursuant to NCGS
§ 130A-310.35(b), within 15 days of the effective date of this Agreement Prospective Developer
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shall file the Notice of Brownfields Property 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.
21. This Agreement shall be attached as Exhibit A to the Notice of Brownfields
Property. Subsequent to recordation of said Notice, any deed or other instrument conveying an
interest in the Property shall contain the following notice: “The property which is the subject of
this instrument 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 XV (Notices
and Submissions), though financial figures related to the conveyance may be redacted.
Prospective Developer may use the following mechanisms to comply with the obligations of this
paragraph: (i) If every lease and 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 XV (Notice and
Submissions); or (ii) Prospective Developer may provide abstracts of leases, rather than full
copies of said leases, to the persons listed in Section XV.
22. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Property within seven days of the effective date of this
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Agreement.
VII. DUE CARE/COOPERATION
23. The Prospective Developer shall exercise due care at the Property with respect to the
manner in which regulated substances are handled at the 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 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 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 paragraph 35.a. below of any such required notification.
VIII. CERTIFICATION
24. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Property other than that committed to in the
Brownfields Property Application dated January 21, 2016 by which it applied for this
Agreement. That use is for multi-family residential, office, retail, parking, and subject to DEQ’s
prior written approval, other commercial uses. 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,
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directors, employees, contractors and agents which relates in any way to any past use of
regulated substances or known contaminants at the Property and to its qualification for this
Agreement, including the requirement that it not have caused or contributed to the contamination
at the Property.
IX. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
25. 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 Property except as
specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the 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 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 Property, in
which case the Prospective Developer shall be responsible for remediation of the 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
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contamination at the Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
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 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 Property or (ii) the failure of remediation to mitigate risks to the extent
required to make the 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
Property or exposures at or around the Property that raises the risk to public health or the
environment associated with the 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
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Brownfields Property under NCGS § 130A-310.35.
26. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
27. 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.
28. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 25 through 27 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the 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.
X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
29. In consideration of DEQ’s Covenant Not To Sue in Section IX 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.
XI. PARTIES BOUND
30. 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
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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.
XII. DISCLAIMER
31. 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 Property, a
representation by DEQ that the 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.
32. Except for the Land Use Restrictions set forth in paragraph 15 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.
XIII. DOCUMENT RETENTION
33. 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 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
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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. 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.
XIV. PAYMENT OF ENFORCEMENT COSTS
34. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section V (Work to be Performed), it shall be
liable for all litigation and other enforcement costs incurred by DEQ to enforce this Agreement
or otherwise obtain compliance.
XV. NOTICES AND SUBMISSIONS
35. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information, all notices and submissions pursuant to this Agreement shall be
sent by prepaid first class U.S. mail, as follows:
a. for DEQ:
Joselyn Harriger (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646

b. for Prospective Developer:

Shane Seagle
Southern Apartment Group – Harding, LLC
1435 West Morehead Street, Suite 130
Charlotte, North Carolina, 28208

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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.
XVI. EFFECTIVE DATE
36. 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 of 15 days following such receipt. 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 invalidate its signature on this Agreement.
XVII. TERMINATION OF CERTAIN PROVISIONS
37. If any Party believes that any or all of the obligations under Section VI
(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).
XVIII. CONTRIBUTION PROTECTION
38. With regard to claims for contribution against Prospective Developer in relation to
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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 Property.
39. 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.
40. 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 service of the complaint on it.
XIX. PUBLIC COMMENT
41. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last to occur of the following: 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 Property is located, conspicuous
posting of a copy of said summary at the Property, and mailing or delivery of a copy of the
summary to each owner of property contiguous to the 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.

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IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:

____________________________________________________________________________
Michael E. Scott Date
Director, Division of Waste Management

IT IS SO AGREED:
SOUTHERN APARTMENT GROUP – HARDING, LLC
By:

____________________________________________________________________________
Shane Seagle Date
Manager, Southern Apartment Group – Harding, LLC

EXHIBIT 1. SITE LOCATION MAP
Harding Place Assemblage
Harding Place and Greenwood Cliff
Charlotte, North Carolina
DATE:
JOB NO:
REVISION NO:
FIGURE NO:
8-24-2016 0
1SAG-006
0 2000 4000
APPROXIMATE
SCALE IN FEET
N
U.S.G.S. QUADRANGLE MAP
7.5 MINUTE SERIES (TOPOGRAPHIC)
2923 S. Tryon Street, Suite 100Charlotte, NC 28203704.586.0007(p) 704.586.0373(f)
CHARLOTTE EAST, NORTH CAROLINA 1991
SITE

BF# 20009-16-060/Harding Place Assemblage (Draft 2016.09.06)

1
Exhibit 2

The most recent environmental sampling at the Property reported in the Environmental
Reports occurred on May 16, 2016. The following table sets forth, for contaminants present at the
Property above unrestricted use standards or screening levels, the concentration found at each
sample location, and the applicable standard or screening level. Screening levels are shown for
reference only and are not set forth as cleanup levels for purposes of this Agreement.

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 (April
2016 version) or for aliphatics and aromatics from the DEQ UST Section Maximum Soil
Contaminant Concentration Levels (MSCCs, December 1, 2013).

Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Maximum
Concentration
Exceeding
Screening
Level (mg/kg)
Residential
Screening
Level 1
(mg/kg)
Antimony 2
Block 2 0-2 4/11/2016 6.5
6.2
Block 2 2-10 4/11/2016 6.4
Block 4 0-2 4/13/2016 8.3
Block 5 0-2 4/13/2016 7.41
Block 5 19-29 4/13/2016 7.19
Cobalt 2

Block 2 0-2 4/11/2016 13.2
4.6
Block 2 2-10 4/11/2016 46.6
Block 2 10-20 4/11/2016 20.1
Block 2 20-33 4/11/2016 29.2
Block 3 0-2 4/12/2016 15.0
Block 3 2-9 4/12/2016 48.1
Block 3 9-18 4/12/2016 25.8
Block 3 18-28 4/12/2016 24.8
Block 4 0-2 4/13/2016 8.35
Block 4 2-8 4/13/2016 6.53
Block 4 8-16 4/13/2016 21.5
Block 4 16-25 4/13/2016 20.4
Block 4 Dup 2
Grab 2-8 4/13/2016 9.95

BF# 20009-16-060/Harding Place Assemblage (Draft 2016.09.06)

2
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Maximum
Concentration
Exceeding
Screening
Level (mg/kg)
Residential
Screening
Level 1
(mg/kg)
Cobalt 2
Block 5 0-2 4/13/2016 21.4
4.6
Block 5 2-9 4/13/2016 40.3
Block 5 9-19 4/13/2016 23.5
Block 5 19-29 4/13/2016 26.7
Block 6 0-2 4/12/2016 9.37
Block 6 2-8 4/12/2016 12.8
Block 6 8-16 4/12/2016 11.6
Block 6 16-25 4/12/2016 14.6
Lead
Block 3 0-0.5 4/15/2016 744
400 Block 5 0-0.5 4/15/2016 997
Block 6 0-0.5 4/15/2016 514
Manganese
FD-1
(1316
Greenwood
Cliff)
5 12/14/2015 3710
360
Block 4 8-16 4/13/2016 835 2
Block 4 16-25 4/13/2016 940 2
Vanadium 2
Block 2 0-2 4/11/2016 170
78
Block 2 2-10 4/11/2016 197
Block 2 10-20 4/11/2016 99.0
Block 2 20-33 4/11/2016 146
Block 3 0-2 4/12/2016 116
Block 3 2-9 4/12/2016 129
Block 3 9-18 4/12/2016 80.7
Block 3 18-28 4/12/2016 110
Block 4 0-2 4/13/2016 241
Block 4 2-8 4/13/2016 119
Block 4 8-16 4/13/2016 114
Block 4 16-25 4/13/2016 84.4
Block 4 Dup 2
Grab 2-8 4/13/2016 105
Block 5 0-2 4/13/2016 159
Block 5 2-9 4/13/2016 99.5
Block 5 9-19 4/13/2016 105
Block 5 19-29 4/13/2016 131
Block 6 0-2 4/12/2016 99.0

BF# 20009-16-060/Harding Place Assemblage (Draft 2016.09.06)

3
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Maximum
Concentration
Exceeding
Screening
Level (mg/kg)
Residential
Screening
Level 1
(mg/kg)
EPH Aliphatic
C9-C18
UST-2 - 1325
Harding Place 9 12/15/2015 2,750 1,500
Total C9-C18
Aliphatics
UST-2
(1325 Harding
Place)
9 12/14/2015 2,836.3 1,500
Total C9-C22
Aromatics
UST-2
(1325 Harding
Place)
9 12/14/2015 871.9 469

Notes:
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) Concentrations of select metals believed to represent naturally occurring background level of
metal in soil.
3) “Block” sample designation indicates a composite sample collected across Blocks 2 through 6
as shown on the Plat.

K e n i l w o r t h A v e n u e
STOPCALL N.C. ONE-CALL BEFORE YOU DIG 800-632-4949 AVOID UTILITY DAMAGE
G r e e n w o o d C l i f f
HARDING PLACE ASSEMBLAGE 1" = 20'057-16-001 07/05/16 CLK CLK 21CLIENT: SOUTHERN APARTMENT GROUP - P.O. BOX 34781 CHARLOTTE, NC 28234 CITY OF CHARLOTTE, MECKLENBURG COUNTY, NC EXHIBIT B to the Notice of Brownfields property-SURVEY PLAT
2-
4
2-
6
3-
1
3-3 3-53-66-5
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2
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6-3 6-4
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3-46-1
FD
-
1
FOR PROSPECTIVE DEVELOPER:SOUTHERN APARTMENT GROUP- HARDING, LLC P.O. BOX 34781 CHARLOTTE, NC 28234 SEE PROPERTY OWNER AT TIME OF FILING LISTMETROLINAENGINEERING &SURVEYING ASSOCIATES 4400 STUART ANDREW BLVD SUITE N CHARLOTTE, NC 28217 P [phone] F [phone] NC #C-1170 & SC #C00946
H a r d i n g P l a c e
057-16-001 07/05/16 CLK CLK 22CLIENT: SOUTHERN APARTMENT GROUP - P.O. BOX 34781 CHARLOTTE, NC 28234 CITY OF CHARLOTTE, MECKLENBURG COUNTY, NC EXHIBIT B to the Notice of Brownfields property-SURVEY PLAT HARDING PLACE ASSEMBLAGE FOR OWNER AND PROSPECTIVE DEVELOPER:SOUTHERN APARTMENT GROUP- HARDING, LLC P.O. BOX 34781 CHARLOTTE, NC 282344400 STUART ANDREW BLVD SUITE N CHARLOTTE, NC 28217 P [phone] F [phone]METROLINAENGINEERING &SURVEYING ASSOCIATES NC #C-1170 & SC #C00946 SEE PROPERTY OWNER AT TIME OF FILING LIST
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EXHIBIT C
HARDING PLACE ASSEMBLAGE BROWNFIELDS PROPERTY
METES AND BOUND DESCRIPTION

LYING AND BEING SITUATE IN THE CITY OF CHARLOTTE, MECKLENBURG COUNTY, NORTH
CAROLINA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT AN EXISTING
IRON PIPE IN THE EASTERLY MARGIN OF HARDING PLACE HAVING A RIGHT-OF-WAY WIDTH OF
40 FEET AND BEING THE COMMON CORNER OF LOTS 10 & 11 OF MAP BOOK 332 AT PAGE 382
IN THE MECKLENBURG COUNTY PUBLIC REGISTRY; THENCE WITH SAID LOTS NORTH 54-05-56
EAST 150.25 FEET TO AN IRON PIPE FOUND; THENCE WITH SAID LOTS AND LOT 6 OF MAP
BOOK 3 AT PAGE 453 IN THE MECKLENBURG COUNTY PUBLIC REGISTRY NORTH 35-45-31
WEST 9.61 FEET TO A POINT; THENCE LEAVING LOTS 10 & 11 AND RUNNING WITH SAID LOT 6
AND WACHOVIA BANK AND TRUST COMPANY N/A AS RECORDED IN DEED BOOK 3070 AT PAGE
88 IN THE MECKLENBURG COUNTY PUBLIC REGISTRY NORTH 53-54-52 EAST 139.92 FEET TO
IRON PIPE FOUND AND BEING IN THE WESTERLY MARGIN OF GREENWOOD CLIFF AND HAVING
A RIGHT-OF-WAY WIDTH OF 40 FEET; THENCE WITH SAID RIGHT-OF-WAY THE FOLLOWING
SEVEN (7) COURSES AND DISTANCES (1st) SOUTH 35-53-31 EAST 32.39 FEET A POINT; (2nd)
WITH THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 110.92 FEET AND AN ARC
LENGTH OF 27.62 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 27-25-54 EAST 27.55
FEET TO A POINT; (3rd) WITH THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 110.92
FEET AN ARC LENGTH OF 18.59 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 15-29-
41 EAST 18.57 FEET TO A POINT; (4th) SOUTH 09-22-01 EAST 193.93 FEET TO A SET#4 REBAR;
(5th) SOUTH 09-06-31 EAST 27.29 FEET TO A POINT; THENCE (6th) WITH THE ARC OF A CURVE
TO THE RIGHT AND HAVING A RADIUS OF 100.00 FEET AN ARC LENGTH OF 40.52 FEET AND A
CHORD BEARING AND DISTANCE OF SOUTH 02-24-29 WEST 40.24 FEET TO A POINT; (7th)
SOUTH 14-00-59 WEST 5.94 FEET TO A POINT 1.43 FEET NORTH EAST OF AN EXISTING IRON
PIPE; THENCE LEAVING SAID RIGHT OF WAY SOUTH 54-11-06 WEST PASSING A EXISTING IRON
PIPE AT 1.43 FEET FOR A TOTAL DISTANCE OF 150.72 FEET TO AN EXISTING IRON PIPE SAID
PIPE BEING IN THE EASTERLY MARGIN OF HARDING PLACE HAVING A RIGHT-OF-WAY WIDTH
OF 40 FEET; THENCE WITH SAID RIGHT-OF-WAY AND LOTS 15, LOT 14, LOT 13THE FOLLOWING
FIVE (5) COURSES AND DISTANCES' (1st) NORTH 35-56-17 WEST 60.01 FEET TO AN IRON PIPE
FOUND; (2nd) NORTH 35-56-29 WEST 60.01 FEET TO AN IRON PIPE FOUND; (3rd) NORTH 36-02-14
WEST 59.99 FEET TO AN IRON PIPE FOUND; (4th) NORTH 36-15-44 WEST 60.12 FEET TO AN IRON
PIPE FOUND; (5th) NORTH 35-47-38 WEST 59.91 FEET TO THE POINT OF BEGINNING AND
CONTAINING 1.67 ACRES AS SHOWN ON BROWNFIELDS SURVEY BY CHEVIS L. KING, L-5188,
DATED 07-05-16.