17038 Goodyear Approval to PC Amendment Package 20180202

From:Minnich, Carolyn
To:"Franchina, Dave" ([e-mail]); [e-mail]
Cc:Lins, Brittany N.; Nicholson, Bruce; Wahl, Tracy; Liggins, Shirley; michael scott
Subject:17038 Goodyear Amendment Approval to Public Comment
Date:Friday, February 02, 2018 10:26:00 AM
Attachments:17038 Goodyear Approval to PC Amendment 20180202.pdf17038 Goodyear NI Amend Draft 20180201.docx17038 Goodyear Amend Draft 20180130.docx17038 Goodyear SNI Amend Draft 20180201.docx17038 Goodyear Exhibit 2_Amend 20180125.docximage002.png
Dear Mr. Franchina and Mrs. McMillan;
Based on acceptance by the Prospective Developer of drafts of the required amendment documents -
- the Notice of Intent to Redevelop a Brownfields Property (NI), Summary of Notice of Intent toRedevelop a Brownfields Property (SNI), and the Amendment to the Notice of Brownfields Propertyand Amendment to the Brownfields Agreement -- and DEQ's approval of the plat component of the
Amendment NBP, Prospective Developer may now proceed to the tasks required by NCGS §
130.310.34(a) in connection with the required public notice and comment period of at least 30 daysregarding the subject brownfields project. Those tasks are as follows:
1. Publish the approved SNI in a newspaper of general circulation serving the area in which the
brownfields property is located,
2. Conspicuously post a copy of the SNI at the brownfields property,
3. Mail or deliver the SNI to each owner of property contiguous to the brownfields property,
4. Provide a copy of the full NI to the local location where it will be available for public review as
stated in the SNI, and
5. Provide a copy of the full NI, consisting of the one-page NI and the Amendment NBP andAmendment to the Brownfields Agreement with its exhibits (the survey plat, and the legaldescription), to all local governments having jurisdiction over the brownfields property.
Pursuant to NCGS § 130.310.34.(b), the public comment period shall begin following completion of
the above tasks. The NI and SNI, with a date filled in representing our belief as to how long itwill take you to complete those tasks by February 15, 2018, are attached hereto. The commentperiod shall not end any sooner than 30 days after you complete the tasks.
NCGS § 130.310.34(b) also requires the Prospective Developer to submit documentation of the
public notices to DEQ prior to DEQ entering into a Brownfields Agreement. That documentationshall be submitted by promptly providing to me, preferably at [e-mail] or atBrownfields Program, 1646 Mail Service Center, Raleigh, NC 27699-1646, the following:

Affidavit of publication of the SNI from the newspaper or a copy of the SNI published in the
newspaper which shows the name of the newspaper and the date of publication,
Photos of the SNI posted at the site, one close up to show the wording and one far enough to
show the posting location relative to the property,
Copies of the cover letters and copies of the mailing receipts stamped by the post office or
copies of the delivery service receipts for the SNI sent to contiguous property owners,
A letter from confirming receipt of the full NI from each local government entity and the
entity where the document will be available for viewing.
Thank you for your attention to these matters. If you have any questions or require additional
information, you may contact me.

Carolyn Minnich
Brownfields Project Manager
Division of Waste Management
Department of Environmental Quality

704 661 0330 office/mobile
[e-mail]

1646 Mail Service Center
Raleigh, NC 27699-1646

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

17038-13-060/Goodyear DRAFT 20180201
NOTICE OF INTENT TO AMEND
NOTICE of BROWNFIELDS PROPERTY and BROWNFIELDS AGREEMENT
Site Name: Former Goodyear Service Center Brownfields Project Number: 17038-13-060 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. This Notice of Intent to
Amend a Notice of Brownfields Property (Notice) and Brownfields Agreement (Agreement) has been
approved by the North Carolina Department of Environmental Quality (“DEQ”) and by the parties who
desire to amend the Notice and the Agreement (Prospective Developer and the owner of the Brownfields
Property). The Notice of Intent provides a proposed Amendment to Notice of Brownfields Property and
Brownfields Agreement (Amendment), a description of the proposed changes to the Notice and Agreement,
Exhibit “A” – Revised Legal Description to the Amendment, and a revised Exhibit “B” - Survey Plat to the
Notice. The party (“Prospective Developer”) who desires to amend the Notice and Agreement must provide
a copy of this Notice to all local governments having jurisdiction over the Brownfields Property. The
proposed Amendment to Notice of Brownfields Property and Amendment to Brownfields Agreement is
attached hereto; the proposed Amendment 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 Brownfields Property is located, (2) conspicuously posted at the Brownfields Property, and
(3) mailed or delivered to each owner of property contiguous to the Brownfields Property. Written 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 February 15, 2018, 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

17038-13-060/Goodyear DRAFT 20180201
SUMMARY OF NOTICE OF INTENT TO AMEND a
NOTICE of BROWNFIELDS AGREEMENT And BROWNFIELDS AGREEMENT
Site Name: Former Goodyear Service Center
Brownfields Project Number: 17038-13-060

Pursuant to NCGS § 130A-310.34, Crescent South Tryon, LLC, as Prospective Developer, has filed
with the North Carolina Department of Environmental Quality (“DEQ”) a written request that the Notice
of Brownfields Property, recorded on September 30, 2016, in Book 31213, Pages 48-87 of the Mecklenburg
County Registry (“Notice”) pursuant to the Brownfields Property Reuse Act, NCGS § 130A-310.30, et.
Seq. (the “Act”), and the Brownfields Agreement between DEQ and Prospective Developer, attached to
said Notice as its Exhibit “A” (“Agreement”), be amended to add a 0.49-acre parcel (Mecklenburg County
tax parcel 125121-01) to the Former Goodyear Service Center Brownfields Property covered by said
Notice, and to revise, as necessary, Exhibit “B” – Survey Plat and Exhibit “C” – Legal Description to said
Notice. The Brownfields Property is being redeveloped with one or more buildings for uses which may
include retail, hotel, office, open space, parking, multi-family residential and, subject to DEQ’s prior
written approval, other commercial uses. An Amendment to Notice of Brownfields Property and to
Brownfields Agreement (“Amendment”) has been prepared and is acceptable to DEQ and to Prospective
Developer. DEQ has determined that the Amendment and the revised Survey Plat and Legal Description
must be publicly noticed. The full Notice of Intent to Amend a Notice of Brownfields Property and
Brownfields Agreement includes: (a) the proposed Amendment between DEQ and Prospective Developer;
(b) Exhibit “A” – Revised Legal Description (which serves as the revised Exhibit “C” to said Notice,
referenced above, and which describes the amended Brownfields Property); and (c) the revised Exhibit “B”
– Survey Plat (which Plat depicts the amended Brownfields Property).

The full Notice of Intent to Amend a Notice of Brownfields Property and Brownfields Agreement
may be reviewed at the Charlotte-Mecklenburg Public Library, Robinson-Spangler Carolina Room, 310
North Tryon Street, Charlotte, NC 28202, [phone]; or at the offices of the N.C. Brownfields
Program, 217 West Jones Street, Raleigh, NC or by contacting Shirley Liggins at that address, at
[e-mail], or at [phone].

Written public comments may be submitted to DEQ within 30 days after the latest of the following
dates: the date this Notice is (1) published in a newspaper of general circulation serving the area in which
the Brownfields Property is located, (2) conspicuously posted at the Brownfields Property, and (3) mailed
or delivered to each owner of property contiguous to the Brownfields Property. Written 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 February 15, 2018, 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 public comments and public 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
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17038-13-060 Goodyear DRAFT 20180130
301302875 v5
Prepared by NCDEQ. Return to:

K&L Gates
Attn: D. Franchina
214 N. Tryon St., 47th Floor Charlotte, NC 28202

Amendment recorded in Book _____, Page _____
Associated Amended Survey Plat recorded in Plat Book _____, Page _____
AMENDMENT TO NOTICE OF BROWNFIELDS PROPERTY AND
AMENDMENT TO BROWNFIELDS AGREEMENT
Site Name: Former Goodyear Service Center
Brownfields Project Number 17038-13-060
This AMENDMENT TO NOTICE OF BROWNFIELDS PROPERTY AND
AMENDMENT TO BROWNFIELDS AGREEMENT (“Amendment”) is entered into effective
as of the ___ day of ______________, 2017 by the North Carolina Department Environmental
Quality (“DEQ”) and Crescent South Tryon, LLC, a Delaware limited liability company who is
registered to do business in North Carolina (“Prospective Developer”). The Amendment is consented to by Asana Partners Fund I TRS, LLC, a Delaware limited liability company, owner
of the Property, as defined herein (the “Owner”).

WHEREAS, on September 30, 2016, a Notice of Brownfields Property was recorded in
Book 31213, Pages 48-87 of the Mecklenburg County Registry (“Notice”) pursuant to the Brownfields Property Reuse Act, N.C. Gen. Stat. §§ 130A-310.30, et. seq. (the “Act”), with
regard to the property described on Exhibit “C” of the Notice - Legal Description, referenced in
the Notice as the “Brownfields Property” and consisting of 3.0 acres. A Brownfields Agreement
between DEQ and Prospective Developer (the “Agreement”), Exhibit “A” to the Notice, was
attached to the Notice. Exhibit “B” to the Notice – Survey Plat, was recorded in Plat Book 59, Page 956 of said Registry;
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WHEREAS, the Prospective Developer has requested in writing that the Notice and the Agreement be amended to include the additional property known as Mecklenburg County tax
parcel 125-121-01, with an address of 600 South College Street and consisting of 0.49 acres,
thereby increasing the size of the Brownfields Property to 3.49 acres. Exhibit “A” to this
Amendment – Revised Legal Description, attached hereto and incorporated herein by reference,
describes the Brownfields Property as amended.
WHEREAS, the additional property described above was used as part of a planing mill
from 1900-1911, a livery from 1911-1926, a garage from 1926-1951, and a multi-tenant office
building from 1951 until the present. It is unclear whether the current multi-tenant office
building is the same structure as the former garage. Additionally, printing operations may have occurred at the additional property around the 1950s, and the additional property may have been
used as a warehouse.

WHEREAS, the Prospective Developer has requested in writing that the Notice and the
Agreement be further amended to revise, as necessary, Exhibit 2 to the Agreement (to add additional sample locations and to update applicable screening levels) and Exhibit “B” to the
Notice - Survey Plat (to revise the boundary of the Brownfields Property) in order to achieve the
objectives of this Amendment; and

WHEREAS, DEQ has agreed that the Notice and the Agreement be so amended, and the undersigned has been delegated the authority by the Secretary of DEQ to execute this
Amendment.

NOW, THEREFORE, in consideration of the mutual covenants and undertakings set
forth below, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereto represent to each other and agree to the amendment of the Notice and
Agreement as follows:

1. The Brownfields Property shall be defined as including all property described in
the Revised Legal Description, attached hereto as Exhibit “A” to this Amendment. Exhibit “A” to this Amendment shall replace Exhibit “C” to the
Notice.
2. All references in the Notice, in the Agreement and in the revised Exhibit “B” to
the Notice - Survey Plat, to the acreage included in the Brownfields Property shall
be changed from 3 acres to 3.49 acres. 3. Exhibit “B” – Survey Plat was revised on ________________ 2018 and is
attached hereto. The Notice and Agreement, as amended, and the revised Exhibit
“B” – Survey Plat, shall include an annotation as to the date said revised Survey
Plat was recorded in the Mecklenburg County Register of Deeds, as well as the
Plat Book and Page of recordation. 4. Exhibit 2 to the Agreement, revised to add sampling locations and to update
applicable screening levels, is attached to this Amendment.

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Pursuant to N.C. Gen. Stat. § 130A-310.35(e), this Amendment shall be recorded in the Mecklenburg County Registry and indexed on the grantor index in the name of the Prospective
Developer and the Owner of the Property as shown in the Notice and on the grantee index in the
name “Secretary of Environmental Quality.” Also pursuant to N.C. Gen. Stat. § 130A-310.35(e),
if practicable, a marginal entry shall be made on the Notice showing the date of amendment and
the book and page where this Amendment is recorded. The undersigned has been delegated the authority by the Secretary of DEQ to execute this
Amendment.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day
and year first above written.
DEQ:

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY

By: ______________________________________
Name: Michael E. Scott
Title: Director, Division of Waste Management

STATE OF NORTH CAROLINA

COUNTY OF ________________
I certify that the following person personally appeared before me this day, acknowledging to me
that he/she signed the foregoing document: ___________________________.

Date: _____________, 2018
_________________________________
Official Signature of Notary
(Official Seal)
_____________________________, Printed Name of Notary Public

[signatures continue on following page]

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IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written.

PROSPECTIVE DEVELOPER:

Crescent South Tryon, LLC A Delaware limited liability company

By: _____________________________________________
George L. Hodges, III Senior Vice President of Crescent Communities, LLC
The Manager of Crescent South Tryon, LLC

State of _______________________________ _____________ COUNTY

I, _________________________, a Notary Public of the county and state aforesaid, certify
that_________________________ personally came before me this day and acknowledged that he
is an Authorized Signatory of Crescent South Tryon, LLC, a Delaware limited liability company, and that by authority duly given and as the act of the company, the foregoing was signed in its
name by him.

WITNESS my hand and official stamp or seal, this ____ day of_______________, 20__.
____________________________________
Name typed or printed:
Notary Public

My Commission expires: ___________________ [Stamp/Seal]

[signatures continue on following page]

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301302875 v5
ACKNOWLEDGMENT OF PROPERTY OWNER
As the current owner, or representative of said owner, I hereby acknowledge recordation
of this Amendment.

OWNER: Asana Partners Fund I TRS, LLC
A Delaware limited liability company

By: _____________________________________________ [TBD]

State of _______________________________
_____________ COUNTY
I, _________________________, a Notary Public of the county and state aforesaid, certify
that_________________________ personally came before me this day and acknowledged that he
is an Authorized Signatory of Asana Partners Fund I TRS, LLC, a Delaware limited liability
company, and that by authority duly given and as the act of the company, the foregoing was signed in its name by him.

WITNESS my hand and official stamp or seal, this ____ day of_______________, 20__.

____________________________________ Name typed or printed:
Notary Public

My Commission expires: ___________________
[Stamp/Seal]
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301302875 v5
EXHIBIT “A”
REVISED LEGAL DESCRIPTION

BEGINNING at an existing concrete monument marking the westerly right of way of South
College Street, having a variable width public right of way and also marking the northeastern
right of way of East Hill Street, a John Belk Freeway service road; THENCE with East Hill
Street North 42 degrees 20 minutes 21 seconds West for a distance of 359.99 feet to a new #5
rebar on the easterly right of way of South Tryon Street, having a variable width right of way;
THENCE with the right of way of South Tryon the following seven (7) courses and distances: 1)
North 40 degrees 20 minutes 17 seconds East for a distance of 124.45 feet to an existing concrete
monument; 2) THENCE North 38 degrees 38 minutes 21 seconds East for a distance of 87.37
feet to a new #5 rebar; 3) THENCE North 50 degrees 51 minutes 13 seconds East for a distance
of 82.10 feet to an existing iron rod; 4) THENCE North 40 degrees 32 minutes 29 seconds West
for a distance of 2.03 feet to a calculated point; 5) THENCE North 50 degrees 51 minutes 44
seconds East for a distance of 47.00 feet to a calculated point; 6) THENCE South 39 degrees 08
minutes 16 seconds East a distance of 2.00 feet to a calculated point; 7) THENCE North 50
degrees 44 seconds 24 minutes East a distance of 54.27 feet to an existing iron at the southerly
right of way of East Stonewall Street having a variable width right of way; THENCE leaving the
right of way of South Tryon Street and with East Stonewall Street the following three (3) courses
and distances; 1) South 41 degrees 34 minutes 38 seconds East for a distance of 198.25 feet to a
calculated point; 2) THENCE South 41 degrees 36 minutes 55 seconds East for a distance of
114.49 feet to an existing nail; 3) THENCE South 42 degrees 12 minutes 39 seconds East a
distance of 89.06 feet to an existing pk nail at the right of way of the aforementioned South
College Street; THENCE leaving the right of way of East Stonewall Street and running with
South College Street for the following two (2) courses and distances; 1) South 49 degrees 06
minutes 33 seconds West a distance of 259.62 feet to a point on a wall; 2) THENCE South 54
degrees 37 minutes 24 seconds West for a distance of 129.91 feet to the POINT OF
BEGINNING having an area of 3.536 acres, more or less.

Project Number: 4113103Date: August 10, 2016Scale: 1"- 30'3015030Fax: [phone]Phone: [phone]Charlotte, NC 28202508 W. 5th St., Suite 125License No.: C-1925LDSIRevision 1:1-22-2018Add parcel 12512101 andadditional soil samples tomapPRELIMINARY
17038-13-060/Goodyear 20180125 draft

301311818 v1 1
Exhibit 2
The most recent environmental sampling at the Property reported in the Environmental
Reports occurred in October 2017. The following tables set 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 and
groundwater standards are shown for reference only and are not set forth as cleanup levels for
purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the
standards or screening levels for which are contained in Title 15A of the North Carolina
Administrative Code, Subchapter 2L (2L), Rule .0202, (April 1, 2013 version); or the 2L
Groundwater Interim Maximum Allowable Concentrations (“IMACs”, October 1, 2010 version):
Groundwater
Contaminant

Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening Level
(µg/L)
2L Standard1
(µg/L)
Tetrachloroethylene TW-2 11/2/2013 3.4 0.7
1. Screening limits displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk (LICR).

SOIL GAS Soil gas contaminants in micrograms per cubic meter, the screening levels for which are contained in the North Carolina DWM Vapor Intrusion Guidance, Non-Residential Vapor
Intrusion Screening Levels for Sub-slab and Exterior Soil Gas Screening Level (SGSL), October
2017 version:

Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening Level (µg/m3)
Non-Residential
SGSL1
(µg/m3)
Tetrachloroethylene
SG-2 7/18/2017 4,000
3,500 SG-6 7/31/2017 30,000
DUP 7/31/2017 34,000
Trichloroethylene SG-6 7/31/2017 210 180 DUP 7/31/2017 350
1Screening levels displayed for non-carcinogens are for hazard quotient equal to 0.2. Screening levels displayed for
carcinogens are for 1.0E-5 lifetime incremental cancer risk target.
17038-13-060/Goodyear 20180125 draft

301311818 v1 2
SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial Health- Based Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section
(October 2017 version):

Soil Contaminant Sample Location Depth (ft) Date of Sampling Concentration Exceeding
Screening Level (mg/kg)
Industrial Screening
Level1 (mg/kg)
Arsenic
SB2 4-8 04/29/2006 4.3
3
SB3 8-12 04/29/2006 7.1
GP-1* 8-10 10/26/2013 6.7
GP-2* 17-18 10/26/2013 5.5
GP-3* 13-14 10/26/2013 7.3
GP-4* 12-13 10/26/2013 4.5
GP-1 12 10/22/2013 4.4
GP-5 8 10/22/2013 4.0
GP-6 8 10/22/2013 11
Arsenic
GP-7 16 10/22/2013 5.7
3
GP-8 12 10/22/2013 3.7
GP-10 8 10/22/2013 3.3
GP-12 12 10/22/2013 3.2
GP-13 8 10/22/2013 7.6
GP-14 8 10/22/2013 4.3
SB-01 2-4 03/13/2014 6.1
SB-02 2-4 03/13/2014 5.75
SB-03 2-4 03/13/2014 11.7
SB-04 10-12 03/13/2014 6.04
SB-05 10-12 03/13/2014 4.4
SB-06 2-4 03/14/2014 3.75
SB-07 2-4 03/13/2014 6.18
SB-08 2-4 03/13/2014 7.39
SB-09 2-4 03/13/2014 6.53
SB-10 10-12 03/13/2014 4.28
SB4-S2 5 10/15/2017 30
SB6-S3 5 10/15/2017 4.6
SB7-S4 5 10/15/2017 5.5
Chromium VI GP-2 8 10/22/2013 6.87 6.5
Benzo(a)pyrene GP-6 8 10/22/2013 3.7 2.1 GP-13 8 10/22/2013 5.6
1Screening 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. 2This sample is a composite of four shallow soil samples in the locations marked “SB-4 (Comp.)” on the plat
referred to as Exhibit B to the Amendment to Notice of Brownfields Property and Amendment to Brownfields Agreement to which this Exhibit 2 is attached.
3This sample is a composite of four shallow soil samples in the locations marked “SB-6 (Comp.)” on the plat referred to as Exhibit B to the Amendment to Notice of Brownfields Property and Amendment to Brownfields
Agreement to which this Exhibit 2 is attached. 4This sample is a composite of four shallow soil samples in the locations marked “SB-7 (Comp.)” on the plat
referred to as Exhibit B to the Amendment to Notice of Brownfields Property and Amendment to Brownfields Agreement to which this Exhibit 2 is attached.
*Boring locations on Goodyear Property installed by ECS Carolinas
SOURCE:
USGS TOPOGRAPHIC MAPS:
CHARLOTTE EAST, DATED 2013
NORTH CAROLINA QUADRANGLES
SCALE: 1:24,000
FIGURE 1
SITE LOCATION MAP
600 SOUTH COLLEGE STREET
CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA
ECS PROJECT NO. 08-10805-A
SITE