18038_AquAir II_TKC BPA_20140814

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 Environment and Natural Resources’ (DENR’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 DENR 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 DENR 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.

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 Environment and Natural Resources
Division of Waste Management 1646 Mail Service Center 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 DENR.)
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.
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5. The final draft brownfields agreement is negotiated and finalized between DENR 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 DENR and DOJ, will be due from the
PD prior to 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 you in the amount of at least $1,000.00.
8. In the absence of public comment which affects the agreement it is then signed and the agreement becomes effective (i.e., executed). If the NCBP receives public comment or a
equest 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.
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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 TKC Land Development II, LLC
Principal Officer
Representative R. Alan Lewis
Mailing Address 5935 Carnegie Blvd., Ste 200
Charlotte, NC 28209
E-mail address [e-mail]
Phone No. 704-319-8140
Fax No.
Web site

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: Manager-managed

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If manager-managed, provide name of manager and percent of ownership:
Name Ken Beuley
Ownership (%) 0
Mailing Address 5935 Carnegie Blvd., Ste 200
Charlotte, NC 28209
E-Mail Address
Phone No.
Fax No.
For all LLCs, list all members of the LLC and provide their percent of ownership:

Name Graeme M. Keith
Ownership (%) 50
Mailing Address 5935 Carnegie Blvd., Ste 200
Charlotte, NC 28209
E-Mail Address
Phone No.
Fax No.
Name Graeme M. Keith, Jr.
Ownership (%) 50
Mailing Address 5935 Carnegie Blvd., Ste 200
Charlotte, NC 28209
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.

List all parent companies, subsidiaries and other affiliates:
(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 PD and its affiliate The Keith Corporation are in the business of
developing and managing real estate properties and are well capitalized to implement the
Brownfields agreement and assure the safe reuse of the property.

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 PD is in the business of owning and developing real estate and therefore
has the managerial means to implement the Brownfields.
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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 The PD has retained Hart & Hickman, PC to assist with managing tthe
technical aspects of both this application and the implementation of an eventual brownfields
agreement. Hart & Hickman has worked on numerous brownfields projects in the state and
is thoroughly familiar with the technical aspects and requirements of the brownfields
program.

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.)
N/A
H. Does PD currently own the property?

Answer No
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.)

N/A
If no, provide the name, address, telephone number and e-mail address of the contact person for the current property owner
Westinghouse Real Estate and Development, LLC 16416 Twin Coves Dr Huntersville, NC 28078
704-875-2690 [e-mail]

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

Answer Yes
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If yes, provide date of contract. July 15, 2014

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)? Note: the Act requires the PD to demonstrate that it
intends to either buy or sell the property.
The PD intends the purchase the property when the Brownfields agreement is completed or near its completion. A draft Brownfields agreement through the Ready for Reuse program has already been developed.

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.)
N/A

II. SITE INFORMATION
A. Information regarding the proposed brownfields property: Proposed project name Former AquAir Facility
acreage 153.92 street address(es) 13300 Sam Neely Rd.

city Charlotte County Mecklenburg zip 28217
tax ID(s) or PIN(s) Tax ID#14526106

past use(s) vandium pentoxide production, solvent reclamation, chromium product production

current use(s) Vacant
cause(s)/source(s) of contamination: known contamination from historical use of the site for the above uses
suspected

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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: DENR Inactive Hazardous Sites NCD074511361
Agency Name/ID No: NPDES Permit NCO086673
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
C. In what way(s) is the property abandoned, idled, or underused?
The property was abandoned in approximately 1988, and the property has not been used
for any purpose since that time. The property is located in the Arrowood-Westinghouse Rd
industrial development area and there has been industrial development in the area from the 1960s to present. Although located in a prime area for industrial development, it has not
been redevloped because of the presence of contamination from histroical activities. 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 current property owner has been attempting to sell the property since the early 1990s. The presence of contamination has been a hindrance in the sale and and redevlopment of the
property
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)?
Please see above. We don't feel the property can be purchased without a Brownfields
agreement. A Brownfields agreement provides the vehicle to manage the environmental liabilities and ensure the safe redevelopment and use of 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.

Warehousing, distribution, light and heavy industrial, and associated showroom and office space. Multi-family residential is a possible use for the far western portion of the property
closest to Sam Neely Rd.
G. Current tax value of brownfields property: $ 13,269,500
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H. Estimated capital investment in redevelopment project: $50,000,000 to $60,000,000

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.)
1. Maintenance of jobs in the area
2. Maintenance and enhancement of tax value
3. Possible construction of new buildings which include construction jobs and tax value increase 3. Positive impacts in the surrounding business community by preventing the property from
becoming idle.
4. A potential spur to additional investment in the area 5. The reuse of an available facility and land, thereby avoiding the use of "green space" in other
areas
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.
Environment-friendly technologies will be considered in the design of new buildings at the
property. As the design of the buildings has not be conducted, specifics cannot be provided
at this time.

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 above
Mailing Address

E-Mail Address
Phone No.
Fax No.

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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. It must be filled out signed notarized, and submitted with this application.)
Is the required affidavit, as described above, included with this application? Answer Yes

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

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 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 as the base for its location map.)
Is the required location map included with this application? Answer Ready for Reuse Site - Previously provided to DENR
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 Ready for Reuse Site - Previously provided to DENR

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?
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Answer Ready for Reuse Site - Previously provided to DENR

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 Ready for Reuse Site - Reports previously provided to DENR
If environmental reports/data are being submitted with this application, please provide the title, date and author of each item being submitted:

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.
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Preliminary Proposed Brownfields Agreement

I. Property Facts

a. Property Address(es): 13300 Sam Neely Rd., Charlotte, NC b. Property Seller: Westinghouse Real Estate and Development LLC

c. Property Buyer: TKC Land Development II, LLC
d. Brief Property Usage History: From 1965 to 1972, two small buildings were constructed on the Property and used by Chemical Development for the manufacture of diatomaceous earth and
vanadium pentoxide. In 1974, a small portion of the Property was leased to Chemtrol
Corporation. Chemtrol operations included blending hydroxyacetic acid and water and small
scale solvent reclamation. Chemtrol ceased operations in 1977. In August 1977, AquAir Corporation, leased a portion of the Property. AquAir operations included reclaiming used solvents and manufacturing chromium compounds. In 1986, AquAir solvent reclamation work
ceased when it failed to qualify for a federal permit. AquAir continued to manufacture
chromium compounds until approximately 1988.

e. The planned reuse will potentially involve the following use classification(s) (check all that
apply):
School/childcare/senior care
Residential
Commercial, retail (specify)
Other commercial (specify)
Office
Light industrial
Heavy industrial
Recreational
Open space
Other (specify) Multi-family residential would potentially be considered
for the far western portion of the property near Sam Neely Rd

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
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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
rg
a
ni
c
s
Chlorinated Solvents (list):

PCE, TCE, 1,2-
DCE,
vinyl
Chloride, Carbon
Tetrac
hloride
X X
Petroleum:
ASTs
USTs
Other

Other (list):

ino
rg
a
ni
c
s
Metals
(list):

As,
Cd, Cr,
V
X
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)
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