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HomeMy WebLinkAbout21061 Berryhill-Thrift Road Brownfields Property Application - 2317 Thrift Holdings, LLC 20181026 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 (919)707-8383 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 2317 Thrift Holdings, LLC Principal Officer Lat H. Purser, Manager Representative Lat H. Purser Mailing Address 4530 Park Road, Suite 410 Charlotte, NC 28209 E-mail address lat.h.purser@latpurser.com Phone No. 704-519-4213 Fax No. 704-525-8700 Web site www.latpurser.com B. PD contact person information (i.e., individual who will serve as the NCBP’s point of contact if different than above): Name Chris S. Walker Company K&L Gates LLP Mailing Address 214 N. Tryon Street, 47th Floor Charlotte, NC 28202 E-Mail Address chris.walker@klgates.com Phone No. 704-331-7515 Fax No. 704-353-3215 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. 5 If manager-managed, provide name of manager and percent of ownership: Name Lat H. Purser Ownership (%) 0% Mailing Address Same as I.A. above. E-Mail Address Phone No. Fax No. For all LLCs, list all members of the LLC and provide their percent of ownership: Name LPA Thrift, LLC Ownership (%) 100% Mailing Address Same as I.A. above. E-Mail Address Phone No. Fax No. Name Ownership (%) Mailing Address E-Mail Address Phone No. Fax No. Name Ownership (%) Mailing Address E-Mail Address Phone No. 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. N/A List all parent companies, subsidiaries and other affiliates: As noted above, 2317 Thrift Holdings, LLC is wholly owned by LPA Thrift, LLC. LPA Thrift, LLC's ownership percentage of PD will decrease in the future as passive investors are let in. 2317 Thrift Holdings, LLC has numerous affiliates (including single-purpose entities created for real estate purposes) unrelated to this project or property. Neither PD nor any of its affiliates have been a party to a North Carolina Brownfields Agreement. (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: 7 (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 2317 Thrift Holdings, LLC (PD) is an affiliate of Lat Purser & Associates, Inc., which is a well-known real estate management, brokerage, investment and development company. Lat Purser & Associates and its affiliates have developed and redeveloped assets in the Southeast in excess of $500,000,000.00. In addition, DEQ has contracted with Hart & Hickman, PC to provide technical services to investigate and mitigate impacts associated with the former Cherokee Oil Company portion of the Brownfields Property. With the 8 assistance provided by DEQ for portions of the Brownfields Property, and the resources and relationships of PD’s manager and Lat Purser & Associates, Inc. that PD can utilize, PD has the financial means to fully implement a 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 has extensive experience managing real estate projects. In addition, the PD has retained professionals, including K&L Gates LLP and Hart & Hickman, PC, who are experienced in Brownfields redevelopment and the implementation of Brownfields requirements in particular. These professionals (i) have significant experience with the Brownfields Program and the redevelopment of challenged properties, and (ii) are aware of the work and restrictions that are typically included in Brownfields agreements to assure the safe use of property. The combination of these resources will ensure successful implementation of a Brownfields agreement and safe use of the property. 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 Please see our responses to Questions l.D and l.E, above. The PD has the technical ability to fully implement a Brownfields agreement and to assure the safe use of the property. It has a range of engineering and environmental experience available to it. In particular, the PD has hired Hart & Hickman, PC to assist with the technical aspects of the implementation of a Brownfields agreement (including technical "work to be performed"). Hart & Hickman has extensive experience with Brownfields projects in North Carolina 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. 9 (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.) If no, provide the name, address, telephone number and e-mail address of the contact person for the current property owner Brownstone Properties II, LLC Attention: George Newell Whiting, Jr. 442 1/2 East Main Street Clayton, North Carolina 27520 (704) 517-8196 gwhiting@carolina.rr.com 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. N/A If no, when does the PD intend to purchase the property (e.g., after the project is determined to be eligible for participation in the NCBP, after PD receives a draft BFA, after the conclusion of the brownfields process)? The PD plans to purchase the property at 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.) PD has neither taken ownership of nor operated at the property. 10 II. SITE INFORMATION A. Information regarding the proposed brownfields property: Proposed project name Berryhill-Thrift Road (NCBP# 21061-17-060) acreage 3.8 acres County Mecklenburg street address(es) 1225 Berryhill Road and 2317 Thrift Road city Charlotte zip 28208 tax ID(s) or PIN(s) 1225 Berryhill Road (approximately 0.70 acres) PIN 07105116; CSX parcel (approximately 0.90 acres) (address not listed) PIN 07105121; and 2317 Thrift Road (approximately 2.28 acres) PIN 07105114. past use(s) The 1225 Berryhill Road parcel (a.k.a. 1201 Berryhill Road) was occupied with the Cities Service Oil Company bulk plant as early as the 1950s and by American Mineral Spirits Company in the 1960s. From approximately the mid-1980s until the early to mid-1990s, the 1225 Berryhill Road parcel was occupied by Cherokee Oil Company and utilized as a waste oil processing facility which accepted waste oil and various hazardous substances. According to information obtained during EPA Emergency Response and Removal Branch (ERRB) and RCRA investigations conducted in the early to mid-1990s, the facility accepted hazardous substances and hazardous wastes that it was not permitted to accept. These hazardous materials were blended with waste oil and stored in 30 cubic yard roll-offs, drums, tanker truck trailers, ASTs, USTs, and three concrete walled above-ground spill containment basins. Waste disposal operations ceased in the mid-1990s when a criminal investigation for conspiracy to violate the Clean Water Act was commenced against the owners of Cherokee Oil Company. In 1994, the EPA ERRB completed emergency removal of hazardous materials, hazardous materials containment vessels, and significantly impacted media from the parcel. Portions of the CSX right-of-way parcel were utilized as a rail spur from at least the 1940s until the 1970s. Portions of the 2317 Thrift Road parcel were reportedly utilized as a military base until the late 1930s. The current building was constructed in the late 1940s and utilized by Rulane Gas Company for vehicle maintenance, a carburetor rebuilding shop, and a propane storage yard. The parcel was acquired by Suburban Propane in 1952 and was utilized for fleet vehicle maintenance until it was purchased by the current property owner in 2012. current use(s) The 1225 Berryhill Road parcel and the CSX right-of-way parcel are currently undeveloped vacant land. The southern portion of the building located on the 2317 Thrift Road parcel was most recently occupied by an automotive repair facility/U-Haul rental office and a hair salon, but the building is currently unoccupied. 11 cause(s)/source(s) of contamination: known Results of assessment activites completed on the Brownfields property indicate that petroleum-related and chlorinated solvent-related compounds have been detected in soil, soil gas, and groundwater samples at concentrations exceeding regulatory screening criteria. suspected 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: 2317 Thrift Road - Suburban Fleet Maintenance - NCD986198810 (Small Quantity Generator until 1997) Agency Name/ID No: 1225 Berryhill Road - Cherokee Oil - NCD980799019 (IHSB) Agency Name/ID No: NC Brownfields Program - 21061-17-060 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 Site is located in a fast growing area approximately 1 mile north of uptown Charlotte. Despite the Site's prime location, only portions of the existing building on the 2317 Thrift Road parcel have recently been utilized for an automotive repair/U-Haul rental office and a hair salon. The building is currently unoccupied. The 1225 Berryhill Road parcel has been undeveloped since the mid-1990s, and the railroad spur on the CSX parcel has been unused since the 1970s. Based on the lack of current occupants and its proximity to uptown Charlotte, the Site is being significantly underused. 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)? Impacts associated with fomer Chrokee Oil Company operations have been identified in soil and groundwater on the Brownfields property. Additionally, impacts from an unknown off-Site source have been identified in groundwater on the Brownfields property. Thus, Brownfields protection is important to address risks for the safe redevelopment of the Site. Further, the availability of financing for redevelopment of the Site will likely depend on the Site's entry into the Brownfields Program and completion of the Brownfields agreement. 12 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 the response to Question II.D. above. 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. Retail, office, parking, restaurant, recreation, open space, entertainment, amenity space, brewery or food production facility, industrial, warehousing, and, subject to DEQ’s prior written approval, other commercial uses. G. Current tax value of brownfields property: $2317 Thrift Road PIN 07105114: $502,400; 1225 Berryhill Road PIN 07105116: $64,400; and CSX parcel PIN 07105121: To be Determined H. Estimated capital investment in redevelopment project: $4,000,000 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.) 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. 1. Creation of additional jobs during construction and redevelopment of the Site, as well as permanent commercial and retail jobs. 2. Spur to additional community investment and development in the area resulting in further tax base and employment opportunities. 3. Positive impacts on the surrounding business community. 4. Tax base improvement with regard to real property and business activity in the surrounding area, including both increased property tax bases and taxes associated with 13 increased economic activity. 5. Beneficial reuse of the property and creation of density in a rapidly densifying area, thereby avoiding the use of "green space" in other areas of the community. 6. Aesthetic enhancements. 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 I.A. above. 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, please see Exhibit A for a PDF of the Brownfields Affidavit. The original affidavit was previously submitted to the Brownfields Program on October 26, 2018. 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, please see Exhibit B. 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 14 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, please see Exhibit C. 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, a draft Brownfields plat is included in Exhibit D (though the Brownfields Program already has this document). 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: Shirley.Liggins@ncdenr.gov with a clear indication as to which Brownfields Application they apply to. Are photographs of the property included with this application? Answer Yes, please see Exhibit E. Have electronic copies of the photographs been emailed to NCBP? Answer Yes, electronic copies of Exhibit E are included in the electronic version of this application emailed to Shirley.Liggins@ncdenr.gov. 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 No. PD does not have any environmental reports other than what has already been provided to the Brownfield Program for this project. If environmental reports/data are being submitted with this application, please provide the title, date and author of each item being submitted: N/A 15 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. 16 16 Exhibit A 17 Preliminary Proposed Brownfields Agreement I. Property Facts a. Property Address(es): 1225 Berryhill Road, CSX right-of-way (address is not listed), and2317 Thrift Road, Charlotte, NC. b. Property Seller: Brownstone Properties II, LLC c. Property Buyer: 2317 Thrift Holdings, LLC d. Brief Property Usage History: The 1225 Berryhill Road parcel (a.k.a. 1201 Berryhill Road) was occupied with the Cities Service Oil Company bulk plant as early as the 1950s and by American Mineral Spirits Company in the 1960s. From approximately the mid-1980s until the early to mid-1990s, the 1225 Berryhill Road parcel was occupied by Cherokee Oil Company and utilized as a waste oil processing facility which accepted waste oil and various hazardous substances. According to information obtained during EPA Emergency Response and Removal Branch (ERRB) and RCRA investigations conducted in the early to mid-1990s, the facility accepted hazardous substances and hazardous wastes that it was not permitted to accept. These hazardous materials were blended with waste oil and stored in 30 cubic yard roll-offs, drums, tanker truck trailers, ASTs, USTs, and three concrete walled above-ground spill containment basins. Waste disposal operations ceased in the mid-1990s when a criminal investigation for conspiracy to violate the Clean Water Act was commenced against the owners of Cherokee Oil Company. In 1994, the EPA ERRB completed emergency removal of hazardous materials, hazardous materials containment vessels, and significantly impacted media from the parcel. Portions of the CSX right-of-way parcel were utilized as a rail spur from at least the 1940s until the 1970s. Portions of the 2317 Thrift Road parcel were reportedly utilized as a military base until the late 1930s. The current building was constructed in the late 1940s and utilized by Rulane Gas Company for vehicle maintenance, a carburetor rebuilding shop, and a propane storage yard. The parcel was acquired by Suburban Propane in 1952 and was utilized for fleet vehicle maintenance until it was purchased by the current property owner in 2012. e. The planned reuse will potentially involve the following use classification(s) (check all that apply): School/childcare/senior care Residential Commercial, retail (specify) retail shops, personal service Other commercial (specify) restaurant, brewery or food production facility Office Light industrial Exhibit B 18 Heavy industrial Recreational Open space Other (specify) Warehousing, amenity space, entertainment, parking II. Contaminant Informationa. 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 19 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): X X Petroleum: ASTs USTs Other X X Other (list): i n or g an i cs 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 Exhibit C Site Location Map Exhibit D Draft Brownfields Plat FLOOD NOTE: BASED ON MAPS PREPARED BY THEFEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA),THIS PROPERTY IS NOT LOCATED IN A SPECIALFLOOD HAZARD AREA. FLOOD INSURANCE RATE MAPNUMBER "3710454400K", EFFECTIVE DATE SEPTEMBER2, 2015, FLOOD ZONE (S) "X"THIS PLAT IS NOT SUBJECT TO THE PROVISIONS OF THE CITY OF CHARLOTTEOR MECKLENBURG COUNTY SUBDIVISION ORDINANCES AND DOES NOTREQUIRE THE APPROVAL OF THE CHARLOTTE-MECKLENBURG PLANNINGCOMMISSION. HOWEVER, ANY FURTHER SUBDIVISION OF THIS PROPERTYMAY BE SUBJECT TO THESE PROVISIONS.CHARLOTTE-MECKLENBURG PLANNING COMMISSION___________________________________________________________PLANNING COMMISSION STAFF DATEI, ___________________________REVIEW OFFICER OF MECKLENBURG COUNTY,CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXEDMEETS ALL STATUTORY REQUIREMENTS FOR RECORDING.____________________________________________________________REVIEW OFFICER DATEI, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM ANACTUAL SURVEY MADE UNDER MY SUPERVISION (DESCRIPTION RECORDED INDEED BOOK 9068, PAGE 524 AND DEED BOOK 3876, PAGE 170); THAT THEBOUNDARIES NOT SURVEYED ARE INDICATED AS DRAWN FROM INFORMATION ASSHOWN ON THE FACE OF THE SURVEY; THAT THE RATIO OF PRECISION ORPOSITIONAL ACCURACY IS 1:10,000+; AND THAT THIS MAP MEETS THEREQUIREMENTS OF THE STANDARDS OF PRACTICE FOR LAND SURVEYING INNORTH CAROLINA (21 NCAC 56.1600). THAT THIS PLAT WAS PREPARED INACCORDANCE WITH N.C.G.S. 47-30 AS AMENDED.THIS 19th DAY OF JUNE, 2018. SIGNED:____________________________________ JAMES H. MAUNEY JR. - PLS NO: L-3885TO: LISCHERONG LAND HOLDINGS, LLC, A SOUTH CAROLINA LIMITED LIABILITY COMPANY AND CHICAGO TITLE INSURANCECOMPANY. THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE 2016MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTAAND NSPS, AND INCLUDES ITEMS 1, 2, 3, 4, 7a, 7b1, 7c, 8, 9, 13, 14, 16, 17, 18 AND 20 OF TABLE "A" THEREOF. THE FIELD WORK WASCOMPLETED ON 05/10/2018.DATE OF PLAT OR MAP 05/29/2018.I CERTIFY THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION(DESCRIPTION RECORDED IN BOOK 31679, PAGE 973, BOOK 27245, PAGE 519 AND BOOK 31168, PAGE 113); THAT THE BOUNDARIES NOTSURVEYED ARE INDICATED AS DRAWN FROM INFORMATION AS SHOWN ON THE FACE OF THE SURVEY; THAT THE RATIO OF PRECISIONOR POSITIONAL ACCURACY IS 1:10,000+; AND THAT THIS MAP MEETS THE REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR LANDSURVEYING IN NORTH CAROLINA (21 NCAC 56.1600).THIS 29TH DAY OF MAY, 2018.FIELD WORK COMPLETED: 05/10/2018 FLOOD NOTE: BASED ON MAPS PREPARED BY THEFEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA),THIS PROPERTY IS NOT LOCATED IN A SPECIALFLOOD HAZARD AREA. FLOOD INSURANCE RATE MAPNUMBER "3710454400K", EFFECTIVE DATE SEPTEMBER2, 2015, FLOOD ZONE (S) "X"THIS PLAT IS NOT SUBJECT TO THE PROVISIONS OF THE CITY OF CHARLOTTEOR MECKLENBURG COUNTY SUBDIVISION ORDINANCES AND DOES NOTREQUIRE THE APPROVAL OF THE CHARLOTTE-MECKLENBURG PLANNINGCOMMISSION. HOWEVER, ANY FURTHER SUBDIVISION OF THIS PROPERTYMAY BE SUBJECT TO THESE PROVISIONS.CHARLOTTE-MECKLENBURG PLANNING COMMISSION___________________________________________________________PLANNING COMMISSION STAFF DATEI, ___________________________REVIEW OFFICER OF MECKLENBURG COUNTY,CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXEDMEETS ALL STATUTORY REQUIREMENTS FOR RECORDING.____________________________________________________________REVIEW OFFICER DATETO: LISCHERONG LAND HOLDINGS, LLC, A SOUTH CAROLINA LIMITED LIABILITY COMPANY AND CHICAGO TITLE INSURANCECOMPANY. THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE 2016MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTAAND NSPS, AND INCLUDES ITEMS 1, 2, 3, 4, 7a, 7b1, 7c, 8, 9, 13, 14, 16, 17, 18 AND 20 OF TABLE "A" THEREOF. THE FIELD WORK WASCOMPLETED ON 05/10/2018.DATE OF PLAT OR MAP 05/29/2018.I CERTIFY THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION(DESCRIPTION RECORDED IN BOOK 31679, PAGE 973, BOOK 27245, PAGE 519 AND BOOK 31168, PAGE 113); THAT THE BOUNDARIES NOTSURVEYED ARE INDICATED AS DRAWN FROM INFORMATION AS SHOWN ON THE FACE OF THE SURVEY; THAT THE RATIO OF PRECISIONOR POSITIONAL ACCURACY IS 1:10,000+; AND THAT THIS MAP MEETS THE REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR LANDSURVEYING IN NORTH CAROLINA (21 NCAC 56.1600).THIS 29TH DAY OF MAY, 2018.FIELD WORK COMPLETED: 05/10/2018I, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM ANACTUAL SURVEY MADE UNDER MY SUPERVISION (DESCRIPTION RECORDED INDEED BOOK 9068, PAGE 524 AND DEED BOOK 3876, PAGE 170); THAT THEBOUNDARIES NOT SURVEYED ARE INDICATED AS DRAWN FROM INFORMATION ASSHOWN ON THE FACE OF THE SURVEY; THAT THE RATIO OF PRECISION ORPOSITIONAL ACCURACY IS 1:10,000+; AND THAT THIS MAP MEETS THEREQUIREMENTS OF THE STANDARDS OF PRACTICE FOR LAND SURVEYING INNORTH CAROLINA (21 NCAC 56.1600). THAT THIS PLAT WAS PREPARED INACCORDANCE WITH N.C.G.S. 47-30 AS AMENDED.THIS 19th DAY OF JUNE, 2018. SIGNED:____________________________________ JAMES H. MAUNEY JR. - PLS NO: L-3885 Exhibit E Site Photographs