21023_Industrial Ave_Revised BPA_20170626

Brownfields Agreement - New format...... DEQ
Brownfields Property Application
North Carolina Brownfields Program

Instructions/Important Information for Applicants

The Brownfields Property Reuse Act (Act) sets forth the conditions under which a site and a
prospective developer (PD) are eligible for a brownfields agreement. To start the process of seeking
a brownfields agreement, please complete this application. The North Carolina Department of
Environmental Quality’s (DEQ’s) North Carolina Brownfields Program (NCBP) will base its eligibility
determination on the information provided in this application and on other information that may be
obtained by NCBP. This eligibility determination is an administrative tool that allows the NCBP to
spend resources strictly on those sites that meet the statutory eligibility criteria. The application will
also allow the NCBP to allocate its resources first to those projects that demonstrate the highest
degree of public benefit.

The application form is available for download at www.ncbrownfields.org as an MSWord form and
a PDF. It is divided into the following sections:

Section I. Prospective Developer Information - facts regarding the applicant
Section II. Site Information - facts regarding the property
Section III Other Required Information - a “checklist” to help ensure that additional information
that must be submitted with the application is included.
Section IV. Additional Required Forms - NCBP has two forms that are required to be used for two
of the attachments to this application: a “Preliminary Proposed Brownfields
Agreement” form and a “Responsibility and Compliance Affidavit” form. Please note
that the “Preliminary Proposed Brownfields Agreement” must be initialed and
the “Responsibility and Compliance Affidavit” must be signed and notarized.

A determination of eligibility does not mean that the site is guaranteed to remain eligible or that the
PD is assured of receiving a final brownfields agreement; rather, it means that a PD is eligible to
seek a brownfields agreement regarding the site. As the process moves forward, NCBP has the
continuing duty to exercise its discretion as to whether DEQ should enter into a brownfields
agreement regarding a particular site. Comments received from the public may alter NCBP’s view
regarding eligibility. Also, new information that runs counter to statutory eligibility criteria and
obtained by the NCBP following an affirmative eligibility determination will require NCBP to re-
evaluate eligibility.

The Act requires DEQ to determine that brownfields projects have public benefit commensurate with
the liability relief provided by the brownfields agreement. Letters of community support can be a
strong gauge of public benefit. Economic development factors are important measures of this as
well. Therefore, in Section II, please be as specific as possible regarding questions that pertain to
economic measures of public benefit, including job creation, redevelopment investment, etc. Please
be assured that while the NCBP reports this information to the General Assembly as a measure of
overall programmatic public benefit, we do not report it on a site-specific basis. The data is only
used in aggregate.

2
The process of applying for entry into the NCBP is as follows:
Download, fill out, and return the Brownfields Property Application form. If you do not have
internet access you may contact the NCBP at [phone] to obtain a copy of this form. If you
have MSWord as a word processor, you may use it to download and fill out the MSWord Form
(downloading the form in PDF format will require that the form be filled out by hand). You must
submit the original forms and attachments to:
NC Brownfields Program
Attention: Shirley Liggins
N.C. Department of Environmental Quality
Division of Waste Management
Mail Service Center 1646
Raleigh NC 27699-1646

Please note that attachments to the application include the “Responsibility and Compliance
Affidavit”, which must be signed and notarized, and the “Preliminary Proposed Brownfields
Agreement”, which must be initialed. (Be advised that the Preliminary Proposed Brownfields
Agreement is primarily an informational form for the NCBP to use in generating the brownfields
agreement and is not the actual brownfields agreement that will be signed by DEQ.)
1. Based upon the review of the application, the NCBP will provide the applicant PD one of the
following:
A. A Letter of Eligibility (LOE) indicating that the property is eligible for continued
negotiations towards a brownfields agreement. Upon receipt of an LOE, the initial
statutory fee of $2,000 is due from the PD to the NCBP. At this point, the PD also
needs to submit any and all environmental data it has or can obtain regarding the
site;
B. A Letter of Deficiency indicating that the submitted application is deficient in some
manner and eligibility cannot be determined, at which time additional information or
corrections to the application will be requested from the applicant PD; or
C. A letter indicating that the property and/or the applicant PD are ineligible for a
brownfields agreement.
The above steps end the application process. The remainder of the process of obtaining the
brownfields agreement is summarized as follows:
3. The NCBP reviews the existing environmental data and determines if there are
knowledge gaps. The NCBP may require additional assessment to be conducted by the
PD to fill in those gaps. Depending on the situation, such assessment may be required
prior to completion of a draft brownfields agreement or it may be incorporated in the
brownfields agreement requirements.
4. The NCBP considers all data at hand and drafts the brownfields agreement outlining
those items necessary to make the site suitable for the uses intended while fully protecting
public health and the environment. These items could include land use restrictions,
engineered controls, remedial actions or a combination of these actions. The draft BFA is
forwarded to the PD.
3
5. The final draft brownfields agreement is negotiated and finalized between DEQ and the PD.
The statutory ancillary documents are prepared (including a brownfields property plat and
Notice of Intent to Redevelop a Brownfields Property) and this notice is opened to public
comment for a minimum of 30 days.
6. A second fee, required by statute to defray the costs to DEQ and DOJ, will be due from the
PD prior to DEQ’s execution of the brownfields agreement. Presently this second fee is
$6,000, subject to negotiation in the brownfields agreement. Should the prospective
developer choose to negotiate changes to the agreement that necessitate evaluation by the
Department of Justice, additional fees shall apply.
7. Any addendum/modification of the Brownfields documents after they take effect will
require a fee from the proponent of the modification in the amount of at least $1,000.00.
8. In the absence of public comment which affects the agreement, it is then signed by DEQ and
becomes effective upon execution by PD. If the NCBP receives public comment or a request
for a public meeting, the NCBP will consider input from the public and determine any
necessary changes to the brownfields agreement. It will then decide whether those changes
warrant an additional public comment period or if the brownfields agreement can be
executed after the appropriate changes are made.
9. The PD records the Notice of Brownfields Property at the county register of deed’s office.
10. Once executed, brownfields agreements require that the owner of any part of the brownfields
property provide an annual certification to the NCBP (known as a Land Use Restriction
Update or LURU) that the Notice of Brownfields Property containing the land use restrictions
remains recorded at the register of deeds and that the land use restrictions are being
complied with.

Please contact NCBP if you have questions or require additional guidance regarding this application
form or the process. Contact information is available on our website: www.ncbrownfields.org or by
calling 919-707-8200.

4
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 612 Industrial, LLC
Principal Officer Stephen Austin
Representative Stephen Austin
Mailing Address P.O. Box 9775
Greensboro, NC 27429
E-mail address [e-mail]
Phone No. [phone]
Fax No. [phone]
Web site www.austindevelopment.com

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

Name Same as above
Company
Mailing Address

E-Mail Address
Phone No.
Fax No.

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: yes

5
If manager-managed, provide name of manager and percent of ownership:

Name Stephen Austin
Ownership (%) 50 %
Mailing Address P.O. Box 9775
Greensboro, NC 27429
E-Mail Address [e-mail]
Phone No. [phone]
Fax No. [phone]

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

Name Stephen Austin
Ownership (%) 50 %
Mailing Address P.O. Box 9775
Greensboro, NC 27429
E-Mail Address [e-mail]
Phone No. [phone]
Fax No. [phone]

Name Richard Maxwel
Ownership (%) 50%
Mailing Address 5 St. Simons Square
Greensboro, NC 27403
E-Mail Address [e-mail]
Phone No. [phone]
Fax No.

Name
Ownership (%) ---- Not Applicable ----
Mailing Address

E-Mail Address ---- Not Applicable ----
Phone No. ---- Not Applicable ----
Fax No.

6
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.

The Prospective Developer (PD) with appreciable assets in the property is 612
Industrial, LLC. This company (612 Industrial, LLC), is the entity entering into the
Brownfields Agreement with the State of NC Brownfields Program (NCBP). The NC
Seceratary of State document printed in January 2, 2017 is presented as Attachment A.

As described in the Secretary of State documents, the ownership resides with Stephen
Austin and Richard Maxwell as equal partners in the management of the property and of 612
Industrial, LLC. Stephen Austin is a 50% owner of 612 Industrial, LLC and Richard Maxwell
is a 50 % owner. They will sign the Brownfields Agreement as owners and Managers.

Financial statements for 612 Industrial, LLC for the past 5 years are also included in
Attachment B.

List all parent companies, subsidiaries and other affiliates:

See Attachment A for Sec. of State document (01-02-2017)

(Use for Partnerships)

Check one: General Partnership Limited Partnership

List all partners and percent of ownership:

Name
Ownership (%) ---- Not Applicable ----
Mailing Address

E-Mail Address
Phone No. ---- Not Applicable ----
Fax No.

Is this person a general or limited partner?

Name
Ownership (%) ---- Not Applicable ----
Mailing Address

E-Mail Address
Phone No. ---- Not Applicable ----
Fax No.

7
Is this person a general or limited partner? NA

List all parent companies, subsidiaries and other affiliates:

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

Name Same as 1.A. (Page 1)
Mailing Address

E-Mail Address
Phone No.
Fax No.

List all parent companies, subsidiaries and other affiliates:

---- Not Applicable ----

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

Name ---- Not Applicable ----
Mailing Address

E-Mail Address
Phone No. ---- Not Applicable ----
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 612 Industrial, LLC is prepared to pay all necessary fees associated with the
NC Brownfields Program including eligibility and application fees and costs for technical
8
experts to perform any additional environmental investigations that may be requested by the
NC Brownfields Program.

The PD agreeds to finance the costs for the Brownfields Agreement to make the property
suitable for the planned uses while fully protecting public health and the environment.

612 Industrial, LLC has attached financial statements show that the PD has the financial
resources to pay for these expenses. The attached financial statements for the past 5 years
showing total revenue and profit/loss for 612 Industrial, LLC are presented in Attachment B.

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 : The Brownfields process will be managed under the direction of the 612
Industrial, LLC Manager, Stephen Austin, with assistance from Ms. Reda Lee for
administrative activities. The Prospective Developer (PD) for the site will be 612 Industrial,
LLC who is also the property owner. The management of 612 Industrial, LLC has notified the
tenants of the building concerning the past detection of chlorinated solvents in soil and
groundwater. The prior indoor air quality study concluded that no solvents were detected in
the building at levels above OSHA or NIOSH standards.

612 Industrial, LLC has administrative staff to handle the reporting requirements and legal
representation (Attn. Ms. Leigh Bagley, Bell, Davis, & Pitt, LLC in Winston-Salem, NC ) to
review and advise on legal matters. With the current managerial staff, 612 Industrial, LLC will
meet the managerial requirements to properly implement the Brownfields Agreement.

Additionally, 612 Industrial, LLC has hired the consulting company Pyramid Environmental &
Engineering, P.C., to assist with the Brownfields Eligibility Application and Brownfields
Agreement process. Pyramid's Senior Project Manager is Michael Jones, PG, RSM, who will
consult on all aspects of the Brownfields Agreement (BFA). The Pyramid Project Team
consisting of Project Managers who will be assisted by Pyramid's technical and
administrative staff. Pyramid will support 612 Industrial, LLC management throughout the
BFA process with regards to technical data evaluation, administrative matters, additional
9
investigations, submittal preparations, engineered controls, public notifications, and
responses to inquiries from the NCBP. Pyramid's certifications are listed in Section F below.

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 : As stated above, 612 Industrial, LLC has contracted Pyramid Environmental
& Engineering, PC, to assist with technical aspects of the Brownfields Program, including
technical data gathering, analysis, interpretation, reporting, and recommendations. Pyramid
has already performed a Phase II Environmental Site Assessment of the property and is very
familiar with the current environmental conditions.

Pyramid is a licensed geologic and engineering firm and is also a Registered Environmental
Company (REC) with the NC DEQ. Mr. Michael Jones, PG, RSM is the Registered Site
Manager (RSM) that has been involved with the previous environmental work. Pyramid will
provide the trained and experienced environmental staff to perform the work required by the
NCBP. Pyramid holds the following qualifications:
- Registered NC Board of Examiners for Engineers and Surveyors License C-1251
- Registered NC Board for Licensing of Geologists License C-257
- Registered Environmental Consultant (REC) NC DEQ
- Registered Site Manager (RSM) as required by DEQ
- North Carolina Department of Transportation Small Professional Services Firm (SPSF)
- North Carolina Department of Transportation Small Business Enterprise (SBE)
- All Field Personnel 40-hour HAZWOPER Trained

Environmental data collection and analysis necessary to provide a safe use of the property
will be evaluated by trained staff and decisions will favor public safety, worker safety, and
protection of the environment.

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
10

(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.)

---- Not Applicable ----

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.)

Purchased August 20, 2001 (See copy of deed information in Attachment A)
Purchased From:

Vivi-Color, Inc., an Ohio Corporation
4910 N. River Road
Schiller Park, Illinois 60176

Current Property Owner: 612 Industrial, LLC
Contact: Stephen Austin
P.O. Box 9775
Greensboro, NC 27429
phone: [phone]
email: [e-mail]

Based on the records reviewed for this eligibility application, a Phase I Environmental
Assessment (ESA) was performed in February 2001 before the property purchase. This Phase I
ESA documents the solvent use for the facility prior to the purchase by 612 Industrial, LLC.

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

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

Answer No

If yes, provide date of contract. ----- Not Applicable -----

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)?

----- Not Applicable -----

11

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
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.)

The property is a 10,224 square foot commercial building built in 1972 which has had several
owners and uses. The current owners (612 Industrial, LLC) purchased the property in 2001 after
completing a Phase I ESA for the site. This Phase I ESA describes the prior use at the time the
property was transferred to 612 Industrial, LLC.

At the time the property was purchased in 2001, Vivi-Color Incorporated operated a printing press
service out of the facility as a tenant. This operations at that time reportedly used no chlorinated
solvents, and operations ended at the end of 2002. A new tenant OEC Graphics Southeast, LLC
operated at the facility from the end of 2002 until the end of 2003. This company also performed pre-
press services and did not use chlorinated solvents. OEC used non-hazardous solvents such as
Solvit and Optisol which do not contain chlorinated solvents.

During the warehouse cleanout activities after OEC Graphics left the building, on December 1, 2003
during a site inspection, ECS reported odors and wastes including chlorinated solvents which had
been left by Vivi-Color Incorporated. The following environmental reports were completed :

02-10-2004: Phase II ESA : Site assessment, site cleanup and groundwater analysis
02-11-2004: Report of Indoor Air Quality Testing
2007&2009: Site Evaluation by Pyramid Environmental
05-10-2012: Limited Phase II Environmental Site Assessment by Pyramid Environmental
These reports summarize the activities performed at the property since 2003.

Currently ( Jan 2017 ) the building is occupied by a small contracting company, the facility is in
excellent condition, and is ready for commercial use as a business, warehouse, or call center.

Tenant records found on the Secretary of State database are presented in Attachment C.

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

Proposed project name 612 Industrial, LLC

acreage 0.91 County Guilford

street address(es) 612 Industrial Avenue

city Greensboro zip 27406

tax ID(s) or PIN(s) 7872 09 7143

12
past use(s) 1972 The existing building was reportedly building in 1972.

1979 The business entity Vivi-Color Graphics, Inc. (Sec. of State print in Attachment C)
operated a business out of the 612 Industrial location until the 1990s. The work included pre-
press services. Prior to the 1999, ViviColor, Incorporated reportedly used chlorinated
solvents in printing press maintenance services at the facility. Although there was a mention
of the Intaglio ViviColor Alliance LTD (aka. Intaglio Corporation), neither entity was found on
the Seceratary of State website. The search results are presented in Attachment C.

Vivi-Color, Incorporated of Ohio owned the property from 1992 through 2002. During their
ownership, the tenants reportedly used chlorinated solvents and left a single 55-gallon drum
of chlorinated solvents that was found during the 2003 site cleanup. Subsequent site
assessments showed evidence of PCE and TCE in reportable quantities in the soil and
groundwater at the site.

Based on the property environmental records, there was a Phase I Environmental
Assessment (ESA) performed in February 2001 before the property purchase. This Phase I
ESA documents the solvent use for the facility prior to the purchase by 612 Industrial, LLC.
The Phase I ESA is presented as Attachment D.

The Phase I ESA completed prior to property purchase by 612 Industrial, LLC shows that the
tenant use of chlorinated solvents was discontinued prior to the purchase in 2001. The
Brownfields agreement is intended to provide the PD (612 Industrial, LLC) with separation
from liability for the documented PCE/TCE contamination from the Intaglio ViviColor and Vivi-
Color, Incorporated contamination of the property from the 1970's through the 1990's at the
property.
__________________________________________________________________________

The following is a detailed history of the site as documented by Pyramid in the "Limited
Phase II Environmental Site Assessment" report dated May 10, 2012.

Owner at the time of the PCE Release :

Vivi-Color, Incorporated, an Ohio Corporation
4910 N. River Road
Schiller Park, Illinois 60176

In the 1990’s, ViviColor, Incorporated (the property owner) rented the facility to a tenant
Intaglio Vivi-Color Alliance, Ltd. (Intaglio Vivi-Color). The tenant operations were performing
pre-press services for the printing industry. Intaglio Vivi-Color Alliance LTD declared
bankruptcy in Ohio 10-03-2001 ( See Attachment C ).

During this time period (1980's and 1990's), chlorinated solvent use was common for pre-
press process services. Through the 1990s as awareness grew, the industry gradually
started using non-hazardous solvents in place of chlorinated solvents. Reportedly tenants of
Vivi-Color, Incorporated may have used chlorinated solvents from the late 1970s through the
1990s. The prior tenant Intaglio Vivi-Color reportedly left the facility in late 2002 or early
2003.

As evidence that the prior tenants did used chlorinated solvents, in 2003 during warehouse
cleanup operations, a drum of spent chlorinated solvent was discovered at the facility. The
tenants who left the drum was prior to the current ownership, and was during the Vivi-Color
13
Incorporated property ownership. ViviColor Corporation owned the property from 1992
through 2002.

Current Property Owner :
612 Industrial, LLC
P.O. Box 9775
Greensboro, NC 27429

• On August 20, 2001, a property deed was recorded for the subject property listing a
sale of the property from Vivi-Color, Incorporated to 612 Industrial, LLC. No property
assessment was reported at the time the property was purchased. During the warehouse
cleanout process , a drum of PCE was found which had been left by the previous owners.

• In January 2004, PCE contaminated soil and groundwater was located mostly under
the building where solvents were presumably spilled inside the building. The contamination is
primarily TCE and PCE in the soil and groundwater. Groundwater contamination was found
near the source in temporary monitoring wells, with the highest concentrations in TW-1 (3600
ug/L PCE).

• In January 2004, an indoor air quality study was completed and found that the
concentrations of chlorinated compounds in indoor air were below health risk levels.

• In 2012, Pyramid resampled two areas for soil and groundwater analyses. The 2012
analyses confirmed PCE contamination in soil at both sampling locations at levels above the
IHSB protection-of-groundwater standards, and below residential and industrial standards. In
2012, the groundwater concentrations of PCE were higher (4,820 ug/L) in the source area
than were detected in 2003. The concentration of PCE remains above the 2L groundwater
standard of 0.7 ug/L.

• In 2012, the downgradient temporary well showed chlorinated solvents (PCE 769
ug/L) at the property boundary. These concentrations were above the 2L standard of 0.7
ug/L.

current use(s) Currently the facility is ready for a new commercial tenant or for use as
a call center.

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

known The 2012 soil & groundwater samples were analyzed for a broad range of
volatile organic compounds. The only contaminants detected were Tetrachloroethylene
(PCE) and Trichloroethylene (TCE) in the soil and groundwater at the site. The detection of
PCE matches the reported use of solvents by Vivi-Color Incorporated tenants in the 1970's,
1980's, and 1990's. Earlier investigations documented the ownership and contents of a drum
left behind after Vivi-Color Incorporated vacated the premises in 2002.

The source of PCE is the solvents that were used by Vivi-Color Incorporated in the printing
press service operations at the facility, prior to the purchase of the property by 612 Industrial,
LLC.

The previous Phase II ESA performed in December 2003 and early 2004 is presented in
Attachment E.

14
The previous Indoor Air Quality Assessment completed in early 2004 is presented in
Attachment F.

The current status of the PCE contamination in groundwater at the site is reported in the
Pyramid report "Limited Phase II Environmental Site Assessment," dated 05/10/12. A copy
of the test and figures from this report is included as Attachment G of this application.

suspected At this time, the investigations performed by in 2004 and 2012 indicate that
the soil and groundwater at the site are contaminated with PCE, and that it is probable the
adjacent property downgradient from the site also contains some level of PCE contamination
in groundwater.

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
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: -- NA -- DWQ was notified in 2004 - No DWQ # was assigned. The
DWQ Letters are presented in Attachment H.
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:

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

The current property owner is 612 Industrial, LLC. The property is a commercial warehouse
facility with front offices that is ready for a new tenant or call center. The property is currently
underutilized an ready for use.

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)?

The most recent report submitted by Pyramid Environmental (May 2012) summarize the
environmental conditions at the property. The reportable quantities of PCE at the site were
notified to the DWQ in 2004. The current levels exceed the NC DEQ soil and groundwater
contaminant concentrations.

Any potential property buyer would be informed of the detected PCE and TCE contamination,
and would need assurance of a Brownfields Agreement before the property could be sold.
15
Without a Brownfields Agreement, the contamination would make it impossible to sell the
property.

In response to the groundwater contamination, a Land Use Restriction (LUR) is anticipated to
limit use of groundwater at the site. This condition will not change in the future, and land use
restrictions prohibiting groundwater use on the property will be recorded on the deed as part of
the Brownfields Agreement.

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)?

Any potential property buyer or bank would be informed of the detected PCE and TCE
contamination, and would need assurance of a Brownfields Agreement before the property could
be sold. Without a Brownfields Agreement, the financing or improvements at the property would
be greatly impaired, and the contamination would make it impossible to sell the property.

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.

The PD has already improved the site by providing a fully fenced back lot for commercial
storage, improving the front of the building with a new canopy and sign, and placing internal
office walls to better divide the office space. The improvements make the building suitable for
office, call center, warehouse and construction company uses. Additional improvements
include general upkeep of the facility.

At the present time, there are over 6 facilities of comparable size on Industrial Avenue within
1 mile that are for sale or lease. This facility is currently ready for a new tenant.

G. Current tax value of brownfields property: $ 277,800 (from Guilford County Tax Dept)

H. Estimated capital investment in redevelopment project: $ 50,000 over 5 years

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.)

(1) 612 Industrial, LLC will pay County property taxes and Corporate taxes and provide benefits
the community.

16
(2) The PD will provide environmental assessment of the brownfields property. Environmental
work may be limited; however, the work will benefit the community by better understanding and
protecting public health and the environment.

(3) Operations of the tenant at the property owned by 612 Industrial, LLC will provide local jobs,
active use of the facility, and prevent the site from becoming another unused property for sale
along Industrial Avenue. There are currently 6 vacant commercial properties along Industrial
Avenue within 1 mile of 612 Industrial Ave.

This property is under-utilized and re-development in the Brownfields Program will help bring
back the appropriate level of public benefit to the property and surrounding area. We expect that
with the BFA in place there will be multiple offers to rent or buy the property in the next year. The
BFA would allow the facility to bring 20 to 30 jobs to the area.

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.

The Property is ready for a new tenant and will provide upgrades to suit a tenant or
purchaser in keeping with the energy savings and Green Building ideas.

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 same as 1.A. (Page 1)
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 ; the signed & notarized Affidavit is presented in Attachment I.
17

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 The signed draft agreement form is also presented in Attachment I.

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 : The USGS Map is presented as Figure 1. Aerial maps are provided as
Figures 2 and 3, and the Plat Map showing the location of Lot 6 is presented as Figure 4.
Other site maps are provided in the 2012 Pyramid Report presented 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 At this time the site Survey Map is the available Plat Map from the Deed which
is provided as Figure 4.

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 : photographs of the site are presented in Attachment A.

Have electronic copies of the photographs been emailed to NCBP?

Answer Yes : The electronic files referenced in the application are also attached on
CD for the Department's use. The CD includes : Figures and attachments referenced in this
Brownfields Eligibility Application.
18

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 electronic files are attached on CD with this application to the
NCBP. The CD includes : Figures and attachments referenced in this Brownfields Eligibility
Application.

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

1 ) Phase I ESA - (February 1, 2001) prepared by ECS, and prepared for Universal
Funding Corporation.

2 ) Phase II ESA Report - (February 10, 2001) prepared by ECS, and prepared for OEC
Graphics Southeast, LLC.

3 ) Report of Indoor Air Quality Testing- (February 11, 2001) prepared by ECS, and
prepared for OEC Graphics Southeast, LLC.

4 ) "Limited Phase II Environmental Site Assessment," (May 10, 2012), prepared by
Pyramid Environmental & Engineering, PC, prepared for 612 Industrial, LLC.

The additional Forms:
Affidavit ( Attachment I ) and Preliminary Agreement ( Attachment J )

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.
20
Preliminary Proposed Brownfields Agreement

I. Property Facts

a. Property Address(es): 612 Industrial Avenue, Greensboro, Guilford County, NC

b. Property Seller: 612 Industrial, LLC

c. Property Buyer: To Be Determined

d. Brief Property Usage History: In the 1980's amd 1990’s during the property ownership of
ViviColor Incorporated, reportedly the processes at the facility used chlorinated solvents.
ViviColor Incorporated of Ohio owned the property from 1992 through 2002.

• In February 2001, a Phase I Environmental Assessment (ESA) was performed before the
property purchase by 612 Industrial, LLC. This Phase I ESA documents the solvent use for the
facility prior to the purchase by 612 Industrial, LLC.

• In August 2001, 612 Industrial, LLC purchased the property from Vivi-Color
Incorporated of Ohio.

• In 2003, the PCE contaminated soil was found mostly under the building where solvents
were presumably spilled inside the building. The contamination is primarily TCE and PCE in the
soil and groundwater. These compounds were not used at the facility during the ownership of
612 Industrial LLC.

• In 2003, groundwater contamination was found near the source in temporary monitoring
wells, with the highest concentrations in TW-1 (3600 ug/L PCE).

• In 2012, Pyramid found PCE contamination in soil at both sampling locations at levels
above the IHSB protection-of-groundwater standards, and below residential and industrial
standards.

• In 2012, the groundwater concentrations of PCE were higher (4,820 ug/L) in the source
area than they were in 2003. The concentration of PCE remains above the 2L groundwater
standard of 0.7 ug/L.

• In 2012, the downgradient temporary well showed chlorinated solvents (PCE 769 ug/L)
at the property boundary. These concentrations were above the 2L standard of 0.7 ug/L.

e. The planned reuse will potentially involve the following use classification(s) (check all that
apply):
School/childcare/senior care
Residential
21
Commercial, retail (specify)
Other commercial (specify) Commercial Business / Warehouse / Storage
Office
Light industrial
Heavy industrial
Recreational
Open space
Other (specify)

II. Contaminant Information
a. The contaminant situation at the property is best described by the following (check all that
apply):
Contaminants are from an on-property source(s)
Contaminants are from an off-property source(s)
Contaminants are from an unknown source(s)
Contaminants have not yet been documented on the property
22
b. Contaminated Media Table. (If known, check appropriate boxes below)

Contaminant
Types
Soil Groundwater
and/or Surface
Water
Private Wells Vapor Intrusion
known Suspected known Suspected known suspected known suspected
o
r
g
a
n
i
c
s
Chlorinated
Solvents
(list):

PCE in
soil
(2012)
PCE &
TCE
in GW
(2012)
- NA - Check
In
2004
Found
Levels
<
Action

Petroleum:
ASTs
USTs
Other
- NA -
Other (list):

i
n
o
r
g
a
n
i
c
s
Metals
(list):

- NA -
Other (list):

III. Protective Measures
I am prepared to take steps necessary to make the property suitable for its planned uses while
fully protecting public health and the environment. I propose that NCBP consider a brownfields
agreement that will make the property suitable for the planned use(s) through the following
mechanism(s) (check all that apply):

Contaminant remediation to risk-based levels.
Engineered Controls (e.g., low permeability caps, vapor mitigation systems, etc)
Land use restrictions that run with the land that will restrict or prohibit uses that are
unacceptable from a risk assessment/management perspective. (Important Note: In any

FIGURES

612 Industrial Avenue
Greensboro, NC 27406

Legend
612 Industrial Ave

2000 ft
N
➤➤
N© SPOT IMAGE
© SPOT IMAGE
© SPOT IMAGE
© 2016 Europa Technologies
© 2016 Europa Technologies
© 2016 Europa Technologies
© 2016 Google
© 2016 Google
© 2016 Google
612 Industrial Avenue
Greensboro, NC 27406

Legend
612 Industrial Ave

900 ft
N
➤➤
N© SPOT IMAGE
© SPOT IMAGE
© SPOT IMAGE
© 2016 Europa Technologies
© 2016 Europa Technologies
© 2016 Europa Technologies
© 2016 Google
© 2016 Google
© 2016 Google

Attachment A

Attachment B

Attachment C

Attachment D

Attachment E

Attachment F

Attachment G

Attachment H

Attachment I

20
Preliminary Proposed Brownfields Agreement

I. Property Facts

a. Property Address(es): 612 Industrial Avenue, Greensboro, Guilford County, NC

b. Property Seller: 612 Industrial, LLC

c. Property Buyer: To Be Determined

d. Brief Property Usage History:
In the 1980's amd 1990’s during the property ownership of ViviColor Incorporated, reportedly
the processes at the facility used chlorinated solvents. ViviColor Incorporated of Ohio owned
the property from 1992 through 2002.

• In February 2001, a Phase I Environmental Assessment (ESA) was performed before the
property purchase by 612 Industrial, LLC. This Phase I ESA documents the solvent use for the
facility prior to the purchase by 612 Industrial, LLC.

• In August 2001, 612 Industrial, LLC purchased the property from Vivi-Color
Incorporated of Ohio.

• In 2003, the PCE contaminated soil was found mostly under the building where solvents
were presumably spilled inside the building. The contamination is primarily TCE and PCE in the
soil and groundwater. These compounds were not used at the facility during the ownership of
612 Industrial LLC.

• In 2003, groundwater contamination was found near the source in temporary monitoring
wells, with the highest concentrations in TW-1 (3600 ug/L PCE).

• In 2012, Pyramid found PCE contamination in soil at both sampling locations at levels
above the IHSB protection-of-groundwater standards, and below residential and industrial
standards.

• In 2012, the groundwater concentrations of PCE were higher (4,820 ug/L) in the source
area than they were in 2003. The concentration of PCE remains above the 2L groundwater
standard of 0.7 ug/L.

• In 2012, the downgradient temporary well showed chlorinated solvents (PCE 769 ug/L)
at the property boundary. These concentrations were above the 2L standard of 0.7 ug/L.

e. The planned reuse will potentially involve the following use classification(s) (check all that
apply):
School/childcare/senior care
Residential
21
Commercial, retail (specify)
Other commercial (specify) Commercial Business / Warehouse / Storage
Office
Light industrial
Heavy industrial
Recreational
Open space
Other (specify)

II. Contaminant Information
a. The contaminant situation at the property is best described by the following (check all that
apply):
Contaminants are from an on-property source(s)
Contaminants are from an off-property source(s)
Contaminants are from an unknown source(s)
Contaminants have not yet been documented on the property
22
b. Contaminated Media Table. (If known, check appropriate boxes below)

Contaminant
Types
Soil Groundwater
and/or Surface
Water
Private Wells Vapor Intrusion
known Suspected known Suspected known suspected known suspected
o
r
g
a
n
i
c
s
Chlorinated
Solvents
(list):

PCE in
soil
(2012)
PCE &
TCE
in GW
(2012)
- NA - Check
In
2004
Found
Levels
<
Action

Petroleum:
ASTs
USTs
Other
- NA -
Other (list):

i
n
o
r
g
a
n
i
c
s
Metals
(list):

Other (list):

III. Protective Measures
I am prepared to take steps necessary to make the property suitable for its planned uses while
fully protecting public health and the environment. I propose that NCBP consider a brownfields
agreement that will make the property suitable for the planned use(s) through the following
mechanism(s) (check all that apply):

Contaminant remediation to risk-based levels.
Engineered Controls (e.g., low permeability caps, vapor mitigation systems, etc)
Land use restrictions that run with the land that will restrict or prohibit uses that are
unacceptable from a risk assessment/management perspective. (Important Note: In any