21003_Fuquay Varina Arts Ctr_Updated BPA_20170202

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Brownfields Property Application
North Carolina Brownfields Program
www.ncbrownfields.org

I. PROSPECTIVE DEVELOPER (PD) INFORMATION {USE TAB KEY TO GET TO NEXT DATA
ENTRY LINE – DO NOT USE THE RETURN KEY}

A. PD information:

Entity name Jones Street, L.L.C. (the "PD")
Principal Officer Patricia M. Barker
Representative Donald G. Hunt
Mailing Address 134 N. Main Street, Suite 204
Fuquay-Varina, NC 27526
E-mail address [e-mail]
Phone No. 919-552-2020
Fax No. 919-552-3221
Web site N/A

B. PD contact person information (i.e., individual who will serve as the NCBP’s point of contact if
different than above):

Name Sean M. Sullivan
Company Troutman Sanders, LLP
Mailing Address 434 Fayetteville Street, Suite 1900
Raleigh, NC 27601
E-Mail Address [e-mail]
Phone No. 919-835-4173
Fax No. 919-829-8748

C. Information regarding all parent companies, subsidiaries or other affiliates of PD (attach
separate sheet(s) if necessary):

(Use for LLCs)
Member-managed or manager-managed? Answer: Manager-managed

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If manager-managed, provide name of manager and percent of ownership:

Name Patricia M. Barker
Ownership (%) 0%
Mailing Address 401 North Woodrow Street
Fuquay-Varina, NC 27526
E-Mail Address [e-mail]
Phone No. 919-346-2100
Fax No. 919-552-5097

For all LLCs, list all members of the LLC and provide their percent of ownership:

Name Patricia M. Barker Revocable Trust (the "Trust")
Ownership (%) 100%
Mailing Address 401 North Woodrow Street
Fuquay-Varina, NC 27526
E-Mail Address [e-mail]
Phone No. 919-346-2100
Fax No. 919-552-5097

Name
Ownership (%)
Mailing Address

E-Mail Address
Phone No.
Fax No.

Name
Ownership (%)
Mailing Address

E-Mail Address
Phone No.
Fax No.

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Managers of manager-managed LLCs are required to execute all brownfield documents for
the LLC; as to member-managed LLCs, state name of member who will sign these
documents.

N/A

List all parent companies, subsidiaries and other affiliates:

None.

(Use for Partnerships)

Check one: General Partnership Limited Partnership

List all partners and percent of ownership:

Name
Ownership (%)
Mailing Address

E-Mail Address
Phone No.
Fax No.

Is this person a general or limited partner?

Name
Ownership (%)
Mailing Address

E-Mail Address
Phone No.
Fax No.

Is this person a general or limited partner?

List all parent companies, subsidiaries and other affiliates:

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(Use for corporations other than LLCs)
(If information is the same as shown in 1.A., please indicate “same as 1.A.” below.)

Name
Mailing Address

E-Mail Address
Phone No.
Fax No.

List all parent companies, subsidiaries and other affiliates:

(Use for individuals)
(If individual is the same as shown in 1.A., -please indicate “same as 1.A.” above.)

Name
Mailing Address

E-Mail Address
Phone No.
Fax No.

D. Does PD have or can it obtain the financial means to fully implement a brownfields
agreement and assure the safe reuse of the property? (Attach supporting documentation
such as letters of credit, financial statements, etc.)

Answer Yes
Explanation The expected cost of the planned improvements to the property is
approximately $1.8 million. The Fuquay Varina Cultural Arts Foundation has agreed to
provide financing for the improvements, and the PD's sole member (the Trust) has assets in
excess of $2 million to fund the redevelopment effort until such financing is in place. PD may
also seek additional financing from lending institutions, if this application is approved.

E. Does PD have or can it obtain the managerial means to fully implement a brownfields
agreement and assure the safe use of the property?

Answer Yes
Explanation Patricia Barker has over 30 years of experience in managing commercial
properties similar to the property that is the subject of this application. In addition, Jones
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Street LLC has retained Sean Sullivan of the law firm of Troutman Sanders LLP to assist the
PD in navigating the brownfields process. Mr. Sullivan has extensive experience with the
North Carolina Brownfields Program (NCBP).

F. Does PD have or can it obtain the technical means to fully implement a brownfields
agreement and assure the safe use of the property?

Answer Yes
Explanation PD has employed the services of Southeast Technical Services, P.C., a
multiple discipline environmental engineering consulting service firm to provide technical
overview, assessment, engineering controls design and implementation services as required
and as directed by the NCBP. PD has also retained Mid-Atlantic Associates, Inc. to provide
additional technical support for this effort.

G. Does PD commit that it will comply (and has complied, if PD has had a prior project in the
NCBP) with all applicable procedural requirements of the NCBP, including prompt payment
of all statutorily required fees?

Answer Yes

(List all NCBP project name(s) and NCBP project ID numbers where PD or any parent
company, subsidiary and other affiliate of PD has been a party to.)

None

H. Does PD currently own the property?

Answer Yes

If yes, when did PD purchase the property and from whom? (Provide name, address,
telephone number and email address of the contact person for the current property owner.)

Robert J.Barker, Sr. and Patricia M. Barker purchased the property in their individual
capacities from Cornell-Dubilier Electronics, Inc., on October 16, 1987 and commenced
occupancy of the property on December 31, 1987. Mr. and Mrs. Barker transferred
ownership of the property to the current owner, Jones Street, L.L.C., on August 30, 2002.

During Mr. and Mrs. Barker's personal ownership of the property (from 1987-2002), it was
leased to the Bob Barker Company for use as a corporate office, sewing and cutting,
fabrication of light metal products such as bunk beds and tables for detention centers, and
warehousing and distribution. The property was then used by the Bob Barker Company as a
corporate office, warehouse, and distribution center for police and detention-center supplies
until Mr. and Mrs. Barker transferred the property to the PD. The Bob Barker Company also
briefly operated a small metal fabrication shop in a portion of the property during this period.

After title to the property transferred from Mr. and Mrs. Barker to the PD (Jones Street L.L.C.)
in 2002, the Bob Barker Company continued leasing the property for use as a warehouse
and distribution center for police and detention center supplies. The John Deere Turf
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Division also occupied a portion of the property from 2002 to 2003 for light robotic welding
and receiving and storing parts. There is no evidence that John Deere's operations at the
property involved the use of solvents or any of the contaminants present in soil or
groundwater there. Potters Industries also occupied a portion of the property for the storage
of glass beads from 2006 to 2011, but it did not utilitze the property for manufacturing
purposes.

The PD entered into a lease with the Connect Church f/k/a Explore Church f/k/a Holland
Community Church in 2007, pursuant to which the Church leases approximately 9,000
square feet of the northern portion of the structure for its operations. In 2008, the PD also
entered into leases with Custom Gym Installations, Fuquay-Varina Citizens Against Drugs,
and Thunderchild Studios for use of portions of the property. Each of these leases ended in
approximately 2013 and there is no evidence suggesting any of these tenants ever used or
stored any of the contaminants present in soil or groundwater at the property.

Currently, the northwest portion of the property is occupied by Connect Church f/k/a Explore
Church f/k/a Holland Church, the northeast portion of the property is vacant (but most
recently occupied by Thunderchild Studios), and the remainder of the property is either
occupied by Bob Barker Company for storage of large amounts of inventory, or is otherwise
vacant.

None of the activities at the property since Mr. and Mrs. Barker acquired it on October 16,
1987 have involved the use or storage of any of the contaminants present in the soil or
groundwater, and none of these substances have been present at the property since that
time. And, since Cornell-Dubilier Electronics left the property in 1987, no hazardous waste
has been generated there.

Contact information for the PD is contained in Section I.A of this application.

If no, provide the name, address, telephone number and e-mail address of the contact
person for the current property owner

N/A

I. If PD does not currently own the property, does PD have the property under contract to
purchase?

Answer N/A

If yes, provide date of contract. N/A

If no, when does the PD intend to purchase the property (e.g., after the project is determined
to be eligible for participation in the NCBP, after PD receives a draft BFA, after the
conclusion of the brownfields process)?

N/A

J. Describe all activities that have taken place on the property since PD or PD’s parents,
subsidiaries and/or other affiliates, and/or lessees or sublessees of PD, took ownership of or
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operated at the property (e.g., industrial, manufacturing or commercial activities, etc.).
(Include a list of all regulated substances as defined at NCGS § 130A-310.31(b)(11) that
have been used, stored on, or otherwise present at the property while those activities were
conducted, and explain how they were used.)

As noted in response to Question I.H above, PD has leased the property to the Bob Barker
Company and others (including John Deere Turf Division, Potters Industries, Custom Gym
Installations, Fuquay Varina Citizens Against Drugs, Thunderchild Studios, and Connect
Church f/k/a Explore Church f/k/a Holland Community Church) since it acquired the property
in 2002. Throughout that period of time, the property was used primarily by the Bob Barker
Company as a warehouse and distribution center for police and detention center supplies.

None of the activities undertaken at the property since Cornell-Dubilier Electronics left the
property in 1987 have involved the use of the contaminants present in soil and/or
groundwater at the property or the generation of hazardous waste.

Finally, Section 7.2 of Mid-Atlantic Associates' Phase I report indicates that a 30,000-gallon
heating oil UST may have been present on the western portion of the property. According to
interviews conducted as part of the Phase I, the UST may have been removed in
approximately 1999, but there are no records regarding the tank's removal or who performed
it. Groundwater data obtained during the December 2015 Initial Site Assessment did not
reflect the presence of petroleum-related contaminants in groundwater at the property.

II. SITE INFORMATION
A. Information regarding the proposed brownfields property:

Proposed project name Fuquay-Varina Arts Center

acreage 3.69 County Wake

street address(es) 118 East Jones Street & 131 N. Fuquay Avenue

city Fuquay-Varina Zip 27526

tax ID(s) or PIN(s) PIN # 0656988303; 0656988051; 0656978874; 0656986362

past use(s)

1947 to 1956 -- Tobacco Warehouse

1956 to 1987 -- Cornell-Dubilier Electronics, Inc. Manufacturing Facility

1987 to 1998 -- Bob Barker Company Sewing and Cutting and metal product fabrication

1987 to 2006 -- Bob Barker Company Corporate Offices

1987 to present -- Bob Barker Company Warehouse & Distribution Center

2002 to 2003 - John Deere Turf robotic assembly operation

2006 to 2011 - Potters Industries - Storage of Glass Beads
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2008 to 2013 - Custom Gym Installations office space, Fuquay-Varina Citizens Against
Drugs office space, Thunderchild Studios

2008 to present -- Connect Church f/k/a Explore Church f/k/a Holland Community Church

current use(s) Parts of the property are currently used for the Bob Barker Company
Warehouse and Distribution Center and another part is used for Connect Church f/k/a
Explore Church f/k/a Holland Community Church. The majority of the property is currently
idle.

cause(s)/source(s) of contamination:

known The following chlorinated hydrocarbons, including tetrachloroethene (PCE),
tricloroethene (TCE), cis and trans 1,2-Dichloroethene (1,2-DCE); 1,1-dichloroethene (1,1-
DCE) were detected in the water quality samples collected on October 5 and 6, 2015 by
Method 8260 analysis:

• TCE was detected in MW-3 (near the former maintenance/machine shop) at 25.5
μg/L which exceeds the 2L standard of 3 μg/L in the North Carolina Groundwater
Quality Standard (NCGQS).
• PCE was detected in the groundwater sample collected from MW-3; however, the
estimated concentration did not exceed the NCGQS.
• Cis 1,2-DCE was detected in MW-1 at 170 μg/L which exceeds its 2L standard of
70 μg/L.
• Degradation compounds including 1,1-Dichloroethene (1,1-DCE) and 1,2-
Dichloroethene (1,2-DCE) were both detected in the groundwater sample
collected from MW-3 but were below the applicable NCGQSs.

According to information contained in the public record, PCE and TCE were used as solvents
in the capacitor and electrical component manufacturing industry in the 1950's to 1970's and
as a degreaser in maintenance and machining applications. Cornell-Dubilier Electronics
(CDE) manufactured rotary antennas and capacitors for the television industry at the facility
between 1956 and 1987; therefore, it is likely these materials were used as part of CDE's
activities at the facility during this time.

With the exception of hexavalent chromium, no compounds were detected in the soil
samples collected from the site above the Inactive Hazardous Site Branch (IHSB)
Preliminary Soil Remediation Goals (PSRG).

Activities at the property since Mr. and Mrs. Barker purchased it on October 16, 1987 have
not involved the use of any of the contaminants detected at the property. Similarly, use of
the property as a tobacco warehouse from 1947 to 1956 is unlikely to have involved the use
of these contaminants.

suspected N/A

B. Regulatory Agency Involvement: List the site names and all identifying numbers (ID No.)
previously or currently assigned by any federal, state or local environmental regulatory
agencies for the property. The ID No’s may include CERCLIS numbers, RCRA generator
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numbers for past and present operations, UST database, Division of Water Quality’s incident
management database, and/or Inactive Hazardous Sites Branch inventory numbers. (In
many instances, the PD will need to actively seek out this information by reading
environmental site assessment reports, reviewing government files, contacting government
officials, and through the use of government databases, many of which may be available over
the internet.)

Agency Name/ID No: Division of Water Resources / Incident #26333
Agency Name/ID No: Inactive Hazardous Sites Branch / NONCD0002953
Agency Name/ID No: RCRA Generator ID No. NCD003183993 (status changed to No
Longer Regulated on November 4, 1987)
Agency Name/ID No: UST Registration 00-00-0000006679 (30,000-gallon heating oil tank).
Mid-Atlantic’s Phase I report indicates the tank reflected in this registration may have been
located at the property or at 500 Wake Chapel Road in Fuquay-Varina (see page 11 of the
Phase I). According to DEQ’s records, this tank was removed in January 1999, and Mid-
Atlantic’s Phase I does not identify any evidence suggesting there is a petroleum release
incident associated with this tank registration. In addition, and as noted in Section I.J above,
groundwater data obtained in December 2015 does not reflect the presence of petroleum
contamination at the property. Thus, to the extent this tank registration relates to a former
UST that was actually present on the property, there is no evidence of a release from that
UST.
Agency Name/ID No:
Agency Name/ID No:

C. In what way(s) is the property is abandoned, idled, or underused?

A small portion of the property is currently used as a church, and Bob Barker Company
occassionally uses a portion of the property as a warehouse, though its primary warehouse
facility is now located elsewhere in Fuquay-Varina. Thus, the majority of the property is
presently idled. Given the property's location in downtown Fuquay-Varina, this is an
important piece of property that is underused in its current state. Therefore, conversion of
the property into the Fuquay-Varina Arts Center will facilitate significant additional use of the
property in an area that is undergoing significant revitalization and it will be a catalyst for
further development in the area.

D. In what way(s) is the actual or possible contamination at the property a hindrance to
development or redevelopment of the property (attach any supporting documentation such
as letters from lending institutions)?

As explained in the letter enclosed as Attachment A from BB&T, the presence of unresolved
environmental concerns at the property poses a business risk that adversely affects lenders'
willingness to accept the property as collateral.

E. In what way(s) is the redevelopment of the property difficult or impossible without a
brownfields agreement (attach any supporting documentation such as letters form lending
institutions)?

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Please see response to question II.D. and the correspondence provided as Attachment B to
this application.

F. What are the planned use(s) of the redeveloped brownfields property to which the PD will
commit? Be as specific as specific as possible.

PD plans to renovate the existing building and facilitate its use as a convention and banquet
center. The redeveloped space will include a conference and banquet facility (with seating
for up to 1,100 people when the space is arranged conference-style and up to 400 people
when it is configured for banquets). The PD plans to lease the space to local organizations
such as the Chamber of Commerce, schools, and local businesses.

PD also plans to continue leasing a portion of the property to Connect Church f/k/a Explore
Church f/k/a Holland Community Church.

A copy of PD's current redevelopment plan is provided as Attachment C.

G. Current tax value of brownfields property: $1,318,438.

H. Estimated capital investment in redevelopment project: $1,800,000.

I. List and describe the public benefits that will result from the property’s redevelopment. Be as
specific as possible. (Examples of public benefits for brownfields projects include job creation,
tax base increases, revitalization of blighted areas, preserved green space, preserved historic
places, improving disadvantaged neighborhood quality-of-life related retail shopping
opportunities, affordable housing, environmental cleanup activities or set asides that have
community or environmental benefits. In gauging public benefit, NCBP places great value
upon letters of support from community groups and local government that describe
anticipated improvements in quality of life for neighboring communities that the project will
bring about. The inclusion of such support letters with this application is recommended and
encouraged.)

This property is located in downtown Fuquay-Varina, which is experiencing a significant
revitalization. Redevelopment of this parcel would greatly contribute to this trend and
facilitate the construction of an important component of Fuquay-Varina's downtown area: a
convention and banquet center. The planned redevelopment will also allow Fuquay-Varina
to offer significant meeting and conference space.

The planned redevelopment is also likely to provide jobs to Fuquay-Varina residents,
including at least 1 full time and 20-25 part-time, permanent jobs. These jobs could include
catering jobs, ticket sales jobs, and others. The planned redevelopment will also provide
shorter-term construction jobs during renovation of the current buildings.

The planned redevelopment will provide local organizations (such as the Chamber of
Commerce, local businesses, schools, etc.) with event space for conferences and banquets.

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Copies of letters of support for the planned redevelopment from the Fuquay-Varina Arts
Foundation, the Fuquay-Varina Downtown Revitalization Association and the Fuquay-Varina
Chamber of Commerce are enclosed as Attachment D.

Special Note: Please describe all environment-friendly technologies and designs PD plans
to utilize in its redevelopment strategy. For example, environment friendly redevelopment
plans could include: Leadership in Energy and Environmental Design (LEED) Certification,
green building materials; green landscaping techniques such as using drought resistant
plants; energy efficient designs, materials, appliances, machinery, etc.; renewable sources of
energy, and/or recycling/reuse of old building materials such as brick or wood.

PD will evaluate and incorporate, where appropriate, green redevelopment principles into the
final development of the property, including the recycling of the old building materials.

J. Who will own the brownfields property when the Notice of Brownfields Property is filed with
the register of deeds at the conclusion of the brownfields process? (If information is the
same as 1.A. above, please indicate.)

Name PD will own the property. See answers to question 1.A.
Mailing Address

E-Mail Address
Phone No.
Fax No.

III. OTHER REQUIRED INFORMATION
A. Brownfields Affidavit: PD must provide its certification, in the form of a signed and notarized
original of the unmodified model brownfields affidavit provided by NCBP, that it did not cause
or contribute to contamination at the property and that it meets all other statutory eligibility
requirements. (Note: The form to use for this affidavit is attached to this application. An
original hard copy of this affidavit must be filled out, signed, notarized and submitted with this
application.)
Is the required affidavit, as described above, included with this application?

Answer Yes, in Attachment E.

B. Proposed Brownfields Agreement Form: PD must provide the completed form Proposed
Brownfields Agreement. (Note: The form to use for this document is attached to this
application. It must be filled out, initialed, and attached on your submittal.)
Is the required Proposed Brownfields Agreement , as described above, included with this
application?

Answer Yes, in Attachment F.

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C. Location Map: PD must provide a copy of the relevant portion of the 1:24,000 scale U.S.G.S.
topographic quadrangle map that shows the location of the property, clearly plotted, and that
measures at least an 8 ½ by 11 inches. (Note: these maps can be purchased through the
above link, or often through retail outdoor recreation stores that can print out the relevant
map. Often environmental reports have location maps that use this type of map format as
the base for its location map.)
Is the required location map included with this application?

Answer Yes, in Attachment G.

D. Survey Plat: PD must provide a preliminary survey plat of the brownfields property with the
property boundaries clearly identified, and a metes and bounds legal description that
matches the property description on the plat. At this stage of the brownfields process, one or
more existing survey plats from a previous property conveyance will suffice. (Before the
brownfields project enters the public comment phase of the brownfields process, the PD will
be required to submit a final brownfields survey plat which includes the information listed in
the brownfields survey plat guidance.)
Is the required preliminary survey plat included with this application?

Answer Yes, in Attachment H.

E. Site Photographs: PD must provide at least one pre-redevelopment photograph of the
property, in either hard copy or electronic format, that shows existing facilities and structures.
Please note that the NCBP prefers to have electronic photos instead of or in addition
to hard copies. Electronic copies of photographs should be emailed to:
[e-mail] with a clear indication as to which Brownfields
Application they apply to.
Are photographs of the property included with this application?

Answer Yes, in Attachment I.

Have electronic copies of the photographs been emailed to NCBP?

Answer Photos in .jpg format are included on the CD with the application/reports.

F. Environmental Reports/Data: If it makes an affirmative eligibility determination, the NCBP will
request that PD provide any and all existing environmental reports and data for the property
on CD only. The brownfields process may be expedited if PD submits such reports/data
with this application.
Are any environmental reports/data being submitted with this application?

Answer Yes. The enclosed CD contains a folder named "Environmental Reports,"
which contains all available environmental reports regarding the property.

If environmental reports/data are being submitted with this application, please provide the
title, date and author of each item being submitted:

Southeast Technical Services, Initial Site Assessment (December 30, 2015).

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Southeast Technical Services, Site Conditions Questionnaire (February 17, 2016).

Mid-Atlantic Associates, Inc., Phase I Environmental Site Assessment (October 12, 2016).

IV. ADDITIONAL REQUIRED FORMS

The following forms are to be filled out and submitted with the application including
the Responsibility and Compliance Affidavit and the Proposed Brownfields
Agreement. Submittal of the Affidavit requires signature and notarization, and the
Proposed Brownfields Application requires an initial.