21054_Fayetteville Mixed Use_Revised BPA_20180108

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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 PCH Development Co., LLC & City of Fayetteville
Hay Street Development Pad, LLC
Principal Officer Rory Dowling Kristoff Bauer
Representative Member Deputy City Manager
Mailing Address PO Box 650 433 Hay St.
Durham, NC 27701 Fayetteville, NC 28301
E-mail address [e-mail] [e-mail]
Phone No. 919-616-6216 910-433-1979
Fax No. none
Web site www.1standmaindevelopment.com https://fayettevillenc.gov/
Please see Attachment 11 for the Organizational Structure of the PD. The relationship
between the PD and the City of Fayetteville is outlined in Attachment 12 (Downtown
Development Agreement) and Attachment 13 (Garage Contract)
B. PD contact person information (i.e., individual who will serve as the NCBP’s point of contact if different than above): Name Aric V. Geda, PE
Company Modulus, PLLC
Mailing Address PO Box 935
Oak Ridge, North Carolina 27310
E-Mail Address [e-mail]
Phone No. 919-800-9093
Fax No. None

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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 If manager-managed, provide name of manager and percent of ownership: Name Michael Lemanski
Ownership (%) 25%
Mailing Address PO Box 650
Durham, NC 27701
E-Mail Address [e-mail]
Phone No. 919-824-0472
Fax No.
For all LLCs, list all members of the LLC and provide their percent of ownership: Name Robert Bistry
Ownership (%) 25%
Mailing Address 12100 Southwest 69th Court
Miami, FL 33156
E-Mail Address [e-mail]
Phone No. 305-902-8629
Fax No.
Name Jordan Jones
Ownership (%) 25%
Mailing Address PO Box 650
Durham, NC 27701
E-Mail Address [e-mail]
Phone No. 919-630-0302
Fax No.
Name Rory Dowling
Ownership (%) 25%
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Mailing Address PO Box 650
Durham, NC 27701
E-Mail Address [e-mail]
Phone No. 919-616-6216
Fax No.
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. Michael Lemanski List all parent companies, subsidiaries and other affiliates:
New South Holdings, Prince Charles Holdings LLC, PCH Development LLC, Hay Street Development Pad LLC
(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.
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Is this person a general or limited partner?
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
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 Please see the equity commitment (Attachment 1)
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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 members of this team have extensive experience managing and
implementing redevelopment projects of contaminated and uncontaminated site across the
state.
The Bios of each of the team members and featured projects are presented as Attachment 2
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 Members of our consultant, Modulus PLLC have over 20 years of experiece in
the Brownfields Redevelopment arena. Aric Geda, PE has extensive expierience with the
majority of the NC Brownfield Program staff over the last 10 years. In addition, Modulus
currently has two (2) active Brownfield projects in North Carolina, making them familiar with
current guidelines and requirements.

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.)

H. Does PD currently own the property? Answer Yes- Hay Street Development Pad, LLC owns Lot 3, and the City of Fayetteville owns Lot 4 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.)
From at least 1938 through the 1970's the property was transected north-south by Maiden
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Lane, with private ownership on each side including a church, warehouses, auto parts store, and filling (gasoline stations). In the late 1970's, the property was cleared, and was vacant through
most of the 1980's, although Maden Lane remained. In the late 1980's, the property was reconfigured and became part of the Prince Charles Hotel property when investers led by Menno Pennink purchased the properties and renovated the hotel. The property has been a park and
parking lot since the renovation. The properties (along with the hotel) were purchased by RK Properties in 2004, then John Chen (as 450 Hay LLC) aquired the property in 2007. In 2012, Chen teamed with David Levinson to create King David, LLC and aquired the property. Levinson later that year relinquished his rights back to Chen. In December of 2014, Prince Charles Holdings, LLC aquired the property, along with the Prince Charles Hotel. In March of 2017, the City of Fayetteville aquired the property from Prince Charles Holdings with as part of plans for the new stadium. Hay Street Development Pad aquired Lot 4 from the City of Fayetteville on December 20, 2017. 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 N/A If yes, provide date of contract.
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)?
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 proposed site has been a parking lot and city park since the late 1980s. II. SITE INFORMATION A. Information regarding the proposed brownfields property: Proposed project name Fayetteville Mixed Use Development
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acreage 2.07 County Cumberland
street address(es) N/A
city Fayetteville zip 28301 tax ID(s) or PIN(s) Tract 3- 0437-44-6969 / Tract 4- 0437-44-8943 past use(s) Gasoline Stations current use(s) Parking & a City Park since the late 1980s cause(s)/source(s) of contamination: known
suspected Former Petroleum USTs
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: Fayetteville Regional Office, UST Section, Division of Waste
Management, NCDEQ / Incident Number: 42048. An LSA (receptor survey is currently being
performed on the property.
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? It is currently utilized as a City Park and Parking Lots. 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)?
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Existing impact will prevent potential residential use.and/or financing. Please see Attachment 14 (Bank Commitment Letter)
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)? Existing impact will prevent potential residential use.and/or financing. Please see Attachment 14 (Bank Commitment Letter) 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. Tract 3: 4-level parking garage with 125-room hotel and 125-unit apartment building Tract 4: public plaza with green space and new road See attached area conceptual model for an overview of proposed development (Attachment 3)
G. Current tax value of brownfields property: $219,000
H. Estimated capital investment in redevelopment project: $45,000,000
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.)
The ability to develop this property is crucial to the success of the public-private partnership entered into between PCH Development Co., LLC and the City of Fayetteville. The City's ability
to finance the $33M baseball stadium (that recently broke ground in August 2017) is highly dependent on the increased tax revenue associated with the private development proposed on this site ($45M). The development will create significant temporary construction jobs (300+) and
the proposed hotel will generate more than 50 full time new jobs. Tract 4 will become a public plaza, greatly contributing to the lack of public green space in downtown Fayetteville. Please see Attachment 4 for Greater Fayettevlle Chamber's letter of support for this project. 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
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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.
Tract 4 will become a public plaza, greatly contributing to the lack of public green space in downtown Fayetteville. More details forthcoming.
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 Lot 4- Hay Street Development Pad, LLC Lot 3 - City of Fayetteville
Mailing Address PO Box 650 433 Hay St.
Durham, NC 27701 Fayetteville, NC 28301
E-Mail Address [e-mail] [e-mail]
Phone No. 919-616-6216 910-433-1979
Fax No. none

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- Attachment 5
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- Attachment 6 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?
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Answer Yes- Attachment 7
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- See Attachment 8 Also see Attachment 9 for the Cumberland County Tax Map 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 See Attachement 10 Have electronic copies of the photographs been emailed to NCBP? Answer Yes 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- Per Bruce Nicholson, the reports will be transferred via dropbox.
If environmental reports/data are being submitted with this application, please provide the title, date and author of each item being submitted: Phase I Environmental Site Assessment, Prince Charles Area Parcels, 7/21/2016, Dunklee and Dunham Report of Environmental Services, Prince Charles Area Parcels, 9/19/2016, Dunklee and Dunham Phase II Groundwater Assessment, Prince Charles Area Parcels, October 5, 2017, Modulus, PLLC.
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Phase I Environmental Site Assessment, Prince Charles Hotel, December 18, 2017, Modulus, PLLC. 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.