22022 Pfister Dyes and Chemical NBP for PC 22022 20181213

22022-18-060/Pfister Dyes and Chemical (20181213)

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Property Owner: Charlotte Realty Holdings, LLC
Recorded in Book ____, Page ____
Associated plat recorded in Plat Book ____, Page ____

NOTICE OF BROWNFIELDS PROPERTY
Site Name: Pfister Dyes and Chemical
Brownfields Project Number: 22022-18-060

This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat
component, have been filed this _____ day of __________________, 201__ by 4233 Trailer Drive, LLC
(“Prospective Developer”).

This Notice concerns contaminated property.

A copy of this Notice certified by the North Carolina Department of Environmental Quality
(“DEQ”) is required to be filed in the Register of Deeds’ Office in the county or counties in which the land
is located, pursuant to North Carolina General Statutes (“NCGS”), § 130A-310.35(b).

This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate the danger to
public health or the environment posed by environmental contamination at a property (“Brownfields
Property”) being addressed under the Brownfields Property Reuse Act of 1997, NCGS § 130A, Article 9,
Part 5 (“Act”).

Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified copy of this
Notice within 15 days of Prospective Developer’s receipt of DEQ’s approval of the Notice or Prospective
Developer’s entry into the Brownfields Agreement required by the Act, whichever is later. The copy of the
Notice certified by DEQ must be recorded in the grantor index under the names of the owners of the land
and, if Prospective Developer is not the owner, also under the Prospective Developer’s name.

The Brownfields Property is located at 4233 Trailer Drive, Charlotte, Mecklenburg County, North
Carolina. The Brownfields Property consists of 5.95 acres of developed and undeveloped land and contains one
approximately 17,600 square foot building. The Brownfields Property was previously used by Pfister Dyes and
Chemical for mixing, storage, and distribution of powdered dyes used in the textile industry from 1967 until
approximately 2017. The Brownfields Property is surrounded by land in commercial, industrial, retail, open space,
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and residential use. The Prospective Developer intends to redevelop the property for industrial, office, retail,
warehousing, open space, parking, and subject to DEQ’s prior written approval, other commercial uses. Soil and
groundwater at the Brownfields Property are contaminated by metals due to historical activities on the
Brownfields Property.

The Brownfields Agreement between Prospective Developer and DEQ is attached hereto as Exhibit
A. It sets forth the use that may be made of the Brownfields Property and the measures to be taken to
protect public health and the environment, and is required by NCGS § 130A-310.32. The Brownfields
Agreement’s Exhibit 2 consists of one or more data tables reflecting the concentrations of and other
information regarding the Property’s regulated substances and contaminants.

Attached as Exhibit B to this Notice is a reduction, to 8 1/2" x 11", of the survey plat component
of this Notice. This plat shows areas designated by DEQ, has been prepared and certified by a professional
land surveyor, meets the requirements of NCGS § 47-30, and complies with NCGS § 130A-310.35(a)’s
requirement that the Notice identify:

(1) The location and dimensions of the areas of potential environmental concern with respect to
permanently surveyed benchmarks.

(2) The type, location and quantity of regulated substances and contaminants known to exist on the
Brownfields Property.

Attached hereto as Exhibit C is a legal description of the Brownfields Property that would be sufficient
as a description of the property in an instrument of conveyance.

LAND USE RESTRICTIONS

NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the current and future
use of the Brownfields Property that are necessary or useful to maintain the level of protection appropriate for the
designated current or future use of the Brownfields Property and that are designated in the Brownfields
Agreement. The restrictions shall remain in force in perpetuity unless canceled by the Secretary of DEQ
(or its successor in function), or his/her designee, after the hazards have been eliminated, pursuant to
NCGS § 130A-310.35(e). All references to DEQ shall be understood to include any successor in function.

The land use restrictions below have been EXCERPTED VERBATIM from paragraph 15 of the
Brownfields Agreement, and all subparagraph letters/numbers are the same as those used in the
Brownfields Agreement. The following land use restrictions are hereby imposed on the Brownfields
Property:

a. No use may be made of the Brownfields Property other than for industrial, office, parking,
retail, warehousing, open space, and, subject to DEQ’s prior written approval, other commercial uses.
For purposes of this restriction, the following definitions apply:

i. “Industrial” defined as the assembly, fabrication, processing, interior or exterior storage,
warehousing or distribution of goods or materials.

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ii. “Warehousing” defined as the use of a commercial building for storage of goods by
manufacturers, importers, exporters, wholesalers, transport businesses among others, and also refers to
the storage of goods and materials for a specific commercial establishment or group of establishments in
a particular type of industry or commercial activity.

iii. “Office” defined as the provision of business or professional services.

iv. “Parking” defined as the temporary accommodation of trailers, equipment, or motor
vehicles in an area designed for same.

v. “Commercial” defined as an enterprise carried on for profit or nonprofit by the owner,
lessee or licensee.

vi. “Retail” defined as the sale of goods or services, products, or merchandise directly to the
consumer or businesses and includes showrooms, personal service, and the sales of food and/or beverage
products.

vii. “Open Space” defined as land maintained in a natural or landscaped state and used for
natural resource protection, buffers, greenways, or detention facilities for stormwater.

b. Unless compliance with this Land Use Restriction is waived in writing by DEQ in advance in
regard to a particular activity, no activities that encounter, expose, remove or use groundwater (for
example, installation of water supply wells, ponds, lakes or swimming pools, or construction or excavation
activities that encounter or expose groundwater) may occur on the Brownfields Property unless and until
DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along
with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses
specified in subparagraph 15.a above while fully protecting public health and the environment. Prior
sampling and analysis of groundwater to the written satisfaction of DEQ in any areas proposed for such
activities, and submittal of the analytical results to DEQ is required. If such results reflect contaminant
concentrations that exceed the standards and screening levels applicable to the uses authorized for the
Brownfields Property, the groundwater-related activities proposed may only occur in compliance with any
written conditions DEQ imposes. Activities may occur if carried out along with any measures DEQ deems
necessary to ensure the Brownfields Property will be suitable for the uses specified in subparagraph 15.a
above while fully protecting public health and the environment.

c. Physical redevelopment of the Brownfields Property may not occur other than in accord, as
determined by DEQ, with an Environmental Management Plan (“EMP”) approved in writing by DEQ in
advance (and revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is
consistent with all the other land use restrictions and describes redevelopment activities at the Brownfields
Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that
may arise from use of the Brownfields Property during construction or redevelopment in any other form,
including without limitation:

i. soil and water management issues, including without limitation those resulting from
contamination identified in the Environmental Reports;

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ii. issues related to potential sources of contamination referenced in Exhibit 2;

iii. contingency plans for addressing, including without limitation the testing of soil and
groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks,
drums, septic drain fields, oil-water separators, soil contamination); and

iv. plans for the proper characterization of, and, as necessary, disposal of contaminated soils
excavated during redevelopment.

d. Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling
and analysis to DEQ’s satisfaction and the written approval of DEQ, unless conducted in accordance with
an approved EMP as outlined above in subparagraph 15.c.

e. As part of the Land Use Restrictions Update described below in subparagraph 15.j for each year
after the year in which the Notice referenced below in paragraph 20 is recorded, for as long as physical
redevelopment of the Brownfields Property continues (except that the final deadline shall fall 90 days after
the conclusion of physical redevelopment), the then-owner of the Brownfields Property shall provide DEQ
a report subject to written DEQ approval on environment-related activities since the last report, with a
summary and drawings, that describes:

i. actions taken on the Brownfields Property in accordance with Section V: Work to be
Performed above;

ii. soil grading and cut and fill actions;

iii. methodology(ies) employed for field screening, sampling and laboratory analysis of
environmental media;

iv. stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and
ultimate disposition of any soil, groundwater or other materials suspected or confirmed to be contaminated
with regulated substances; and

v. removal of any contaminated soil, water or other contaminated materials (for example,
concrete, demolition debris) from the Brownfields Property (copies of all legally required manifests shall
be included).

f. Neither DEQ, nor any party conducting environmental assessment or remediation at the
Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or entered
into by DEQ, may be denied access to the Brownfields Property for purposes of conducting such assessment
or remediation, which is to be conducted using reasonable efforts to minimize interference with authorized
uses of the Brownfields Property.

g. Any deed or other instrument conveying an interest in the Brownfields Property shall contain
the following notice: “This property is subject to the Brownfields Agreement attached as Exhibit A to the
Notice of Brownfields Property recorded in the Mecklenburg County land records, Book ____, Page ____.”
A copy of any such instrument shall be sent to the persons listed in Section XV (Notices and Submissions),
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though financial figures and other confidential information related to the conveyance may be redacted to
the extent said redactions comply with the confidentiality and trade secret provisions of the North Carolina
Public Records Law. The owner conveying an interest may use the following mechanisms to comply with
the obligations of this subparagraph: (i) If every lease and rider is identical in form, the owner conveying
an interest may provide DEQ with copies of a form lease or rider evidencing compliance with this
subparagraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XV (Notice
and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather than full
copies of said leases, to the persons listed in Section XV.

h. The owner of any portion of the Brownfields Property where any existing, or subsequently
installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants shall be
responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable
to DEQ, unless compliance with this Land Use Restriction is waived in writing by DEQ in advance.

i. The Brownfields Property may not be used for child care, adult care centers or schools without
the prior written approval of DEQ.

j. During January of each year after the year in which the Notice referenced below in paragraph 20
is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit
a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and
environmental officials of Mecklenburg County, certifying that, as of said January 1st, the Notice of
Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg County
Register of Deeds office and that the land use restrictions are being complied with. The submitted LURU
shall state the following:

i. the name, mailing address, telephone and facsimile numbers, and contact person’s e-mail
address of the owner submitting the LURU if said owner acquired any part of the Brownfields Property
during the previous calendar year;

ii. the transferee’s name, mailing address, telephone and facsimile numbers, and contact
person’s e-mail address, if said owner transferred any part of the Brownfields Property during the previous
calendar year;

iii. LURU’s submitted for any portion of the Brownfields Property that contains rental units
shall include a list of tenants and their addresses;

iv. A LURU submitted for rental units shall include the rent roll and enough of each lease
entered into during the previous calendar year to demonstrate compliance with lessee notification
requirements in subparagraph 15.j above and paragraph 21 below of this agreement provided that if
standard form leases are used in every instance, a copy of such standard form lease may be sent in lieu of
copies of actual leases; and

For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ official
referenced in paragraph 35.a. of Exhibit A hereto, at the address stated therein.

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ENFORCEMENT

The above land use restrictions shall be enforceable without regard to lack of privity of estate or contract,
lack of benefit to particular land, or lack of any property interest in particular land. The land use restrictions shall
be enforced by any owner of the Brownfields Property. The land use restrictions may also be enforced by DEQ
through the remedies provided in NCGS § 130A, Article 1, Part 2 or by means of a civil action; by any unit of
local government having jurisdiction over any part of the Brownfields Property; and by any person eligible for
liability protection under the Brownfields Property Reuse Act who will lose liability protection if the restrictions
are violated. Any attempt to cancel any or all of this Notice without the approval of the Secretary of DEQ (or its
successor in function), or his/her delegate, shall be subject to enforcement by DEQ to the full extent of the law.
Failure by any party required or authorized to enforce any of the above restrictions shall in no event be deemed a
waiver of the right to do so thereafter as to the same violation or as to one occurring prior or subsequent thereto.

FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS

When any portion of the Brownfields Property is sold, leased, conveyed or transferred, pursuant to NCGS
§ 130A-310.35(d) the deed or other instrument of transfer shall contain in the description section, in no smaller
type than that used in the body of the deed or instrument, a statement that the Brownfields Property has been
classified and, if appropriate, cleaned up as a brownfields property under the Brownfields Property Reuse Act.

IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly executed this
_____ day of _______________, 201__.

4233 Trailer Drive, LLC

By: __________________________________________
Name typed or printed:
Title typed or printed:
NORTH CAROLINA
_______________ COUNTY

I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated: ________________________________.
Date: _______________________ ___________________________________
Official Signature of Notary

___________________________________
Notary’s printed or typed name, Notary Public
(Official Seal) My commission expires: _____________________

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ACKNOWLEDGMENT OF PROPERTY OWNER

As the current owner, or representative of said owner, of at least part of the Brownfields Property, I
hereby acknowledge recordation of this Notice of Brownfields Property and the Land Use Restrictions
contained herein.

Charlotte Realty Holdings, LLC

By: _____________________________________________ ________________________
Name typed or printed: _____________________________ Date

NORTH CAROLINA
_______________ COUNTY

I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated: ________________________________.
Date: ___________________ ___________________________________
Official Signature of Notary

___________________________________
Notary’s printed or typed name, Notary Public
(Official Seal) My commission expires: _____________________

************************************

APPROVAL AND CERTIFICATION OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY

The foregoing Notice of Brownfields Property is hereby approved and certified.

North Carolina Department of Environmental Quality

By: _________________________________________ ________________________
Michael E. Scott Date
Director, Division of Waste Management

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EXHIBIT A

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY

IN THE MATTER OF: 4233 Trailer Drive, LLC

UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Pfister Dyes and Chemical
OF 1997, NCGS § 130A-310.30, et seq. ) 4233 Trailer Drive
Brownfields Project # 22022-18-060 ) Charlotte, Mecklenburg County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and 4233 Trailer Drive, LLC (collectively the
"Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
seq. (the “Act”) for the property located at 4233 Trailer Drive (the “Brownfields Property”). A
map showing the location of the Brownfields Property that is the subject of this Agreement is
attached hereto as Exhibit 1.
4233 Trailer Drive, LLC is a North Carolina Limited Liability Company that was formed
on December 14, 2017. Its registered agent is Patrick Pierce and its business address is 4310
Park Road, Suite 101, Charlotte, NC 28209. The Brownfields Property contains approximately
5.95 acres, and its property tax parcel ID number is 04505507.
The Brownfields Property contains one 17,600 square foot commercial building. 4233
Trailer Drive, LLC intends to redevelop the Brownfields Property for industrial, office, parking,
warehousing, retail, open space and, subject to DEQ’s prior written approval, other commercial
uses. The Brownfields Property is surrounded by mixed commercial/ light industrial, and
residential use. Groundwater and soil are contaminated at the Brownfields Property due to

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historical activities on the Brownfields Property.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section VIII (Certification), Section IX (DEQ’s Covenant Not to Sue
and Reservation of Rights) and Section X (Prospective Developer’s Covenant Not to Sue), the
potential liability of 4233 Trailer Drive, LLC for contaminants at the Brownfields Property.
The Parties agree that 4233 Trailer Drive, LLC’s entry into this Agreement, and the
actions undertaken by 4233 Trailer Drive, LLC in accordance with the Agreement, do not
constitute an admission of any liability by 4233 Trailer Drive, LLC for contaminants at the
Brownfields Property. The resolution of this potential liability, in exchange for the benefit 4233
Trailer Drive, LLC shall provide to DEQ, is in the public interest.
II. DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
1. “Brownfields Property” shall mean the property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2. "Prospective Developer" shall mean 4233 Trailer Drive, LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property comprises one parcel totaling 5.95 acres. Prospective
Developer has committed itself to redevelopment for no uses other than industrial, office, retail,
warehousing, open space, parking and, subject to DEQ’s prior written approval, other

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commercial uses.
4. The Brownfields Property is bordered to the west by Dale Crest Drive, followed by
Fontaine Truck Equipment Company; to the northwest by Tanglewood Apartment; to the north
by a Xpedx warehouse facility; to the east of by Interstate 85 Service Road, followed by the
Carolina Truck Center; and to the south by Interstate 85.
5. Prospective Developer obtained or commissioned the following reports, referred to
hereinafter as the “Environmental Reports,” regarding the Brownfields Property:
Title Prepared by Date of Report
Brownfields Assessment Report, Pfister Dyes
and Chemical, 4233 Trailer Drive, Charlotte,
North Carolina
Hart & Hickman August 20, 2018
Supplemental Soil and Groundwater
Assessment Report, Pfister Dyes &
Chemicals, 4233 Trailer Drive, Charlotte,
North Carolina
Hart & Hickman March 16, 2018
Environmental Sampling Services report,
Pfister Dyes & Chemicals Site, Charlotte,
North Carolina
Geosciences Group July 31, 2017
Environmental Sampling Services report,
Pfister Dyes & Chemicals Site, Charlotte,
North Carolina
Geosciences Group June 12, 2017
Phase II Environmental Site Assessment
Report, Pfister Chemical, Inc. Facility, 4233
North Interstate 85 Service Road, Charlotte,
North Carolina
CBM Environmental
Services, Inc.
January 29, 2002
Phase I Environmental Site Assessment
Report, Pfister Chemical, Inc. Facility, 4233
North Interstate 85 Service Road, Charlotte,
North Carolina
CBM Environmental
Services, Inc.
December 6, 2001

6. For purposes of this Agreement, DEQ relies on the following representations by
Prospective Developer as to use and ownership of the Brownfields Property:
a. The Brownfields Property consists of 5.95 acres of developed and undeveloped

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land. The Brownfields Property was undeveloped wooded and agricultural land as early as the
late 1930s.
b. In approximately 1967, the southern portion of the Brownfields Property was
developed with an approximately 17,600-square foot (sq. ft.) warehouse building that was
constructed for Pfister Dyes and Chemical (Pfister). Pfister utilized the facility for mixing,
storage, and distribution of powdered dyes used in the textile industry until approximately 2017.
The central and northern portions of the Brownfields Property have remained undeveloped
wooded land.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. According to the 2017 Phase II report (Geoscience Group, 2107), a release to a
floor drain leading to the facility’s septic leach field was reported to the North Carolina
Department of Environment and Natural Resources in 1994 (NCDEQ Incident No. 12757). Soil
samples were collected from the septic leach field and laboratory results indicated that Total
Petroleum Hydrocarbon (TPH) compounds were detected. Approximately 50 cubic yards of
petroleum impacted soil was excavated from the leach field and spread on the undeveloped
northern portion of the Brownfields Property as a land application soil remediation effort. The
septic system and leach field were abandoned. Two groundwater monitoring wells were installed
in the former septic leach field area in 1995. No TPH was detected in confirmation soil samples
collected from the former septic leach field or in the groundwater monitoring wells following
remediation. The NCDEQ closed the incident in January 1995.
b. The existing groundwater monitoring wells were sampled in 2001 as part of a

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property due diligence investigation and submitted for laboratory analysis of volatile organic
compounds (VOCs). Laboratory results indicated that no VOCs were detected above NCAC 2L
Groundwater Standards.
c. The two existing groundwater monitoring wells were sampled in January 2002
and submitted to a laboratory for the analysis of VOCs. Laboratory results indicated that no
VOCs were detected above NCAC 2L Standards.
d. A Phase II Environmental Site Assessment was conducted at the Brownfields
Property in May 2017. Soil samples were collected from 1) the former land application area for
septic tank closure spoils, 2) a former aboveground storage tank area, and 3) next to trench drains
and a sewer line underneath the building. The soil samples were submitted for laboratory
analysis of VOCs, semi-volatile organic compounds (SVOCs) and Hazardous Substance List
(HSL) metals. In addition, groundwater samples were collected from existing monitoring wells
MW-1 and MW-2 and submitted for laboratory analysis of SVOCs and HSL metals. Arsenic was
the only constituent detected in soil above Industrial/Commercial Preliminary Soil Remediation
Goals (PSRGs). Laboratory analytical results indicated that thallium was the only constituent
detected in groundwater above 15A North Carolina Administrative Code 02L.0202 Groundwater
Quality Standards (NCAC 2L Standards).
e. In July 2017, a temporary groundwater monitoring well in an upgradient
portion of the Brownfields Property was sampled to determine if the previous thallium detections
in the May 2017 MW-1 and MW-2 groundwater samples were consistent with naturally
occurring levels. Analytical results of the background groundwater sample indicated that
thallium was not detected above the laboratory reporting limit.

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f. In January 2018, four additional soil samples were collected near the trench
drain in the former dye mixing room and submitted for laboratory analysis of VOCs, SVOCs and
RCRA metals. In addition, four shallow groundwater monitoring wells were installed to evaluate
previous detections of thallium in groundwater. Laboratory results indicated that no constituents
were detected above Industrial/Commercial PSRGs. Results also indicated that thallium was not
detected in any of the groundwater samples above NCAC 2L Standards.
g. In July 2018, two background soil samples and four groundwater samples from
previously sampled locations were collected at the Brownfields Property. One additional
temporary shallow groundwater monitoring well, TMW-1, was installed downgradient from the
former septic leach system and the onsite building. The soil samples were submitted for
laboratory analysis of RCRA metals, and groundwater samples were analyzed for VOCs,
SVOCs, RCRA metals, with the exception of MW-3, which was only analyzed for VOCs.
Laboratory results indicated that no soil constituents were detected above Industrial/Commercial
PSRGs. In addition, no groundwater constituents were detected above NCAC 2L Standards.
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on July 5, 2018. The tables set forth in Exhibit 2 to this
Agreement present contaminants present at the Brownfields Property above applicable standards
or screening levels for each media sampled.
9. For purposes of this Agreement DEQ relies on Prospective Developer’s
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (BPA) dated December 21, 2017, and

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contracting to purchase the Brownfields Property on May 24, 2017.
10. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
11. The Parties agree that a $30,000 “Redevelopment Now” fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and

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the North Carolina Department of Justice of all activities related to this Agreement, unless a
change is sought to a Brownfields document after it is in effect, in which case there shall be an
additional fee of at least $1,000.
IV. BENEFIT TO COMMUNITY
12. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. an increase in the Brownfields Property’s productivity;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. an increase in tax revenue for affected jurisdictions;
d. additional office and industrial space for the area;
e. “smart growth” through use of land in an already developed area, which avoids
development of land beyond the urban fringe (“greenfields”)
f. local permanent and construction jobs.

V. WORK TO BE PERFORMED
13. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) areas incorporated into the U.S. Green Building Council Leadership in Energy
and Environmental Design certification program (Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Locations & Linkages,
Awareness & Education, Innovation in Design and Regional Priority), or a similar program.
14. Based on the information in the Environmental Reports, and subject to imposition of

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and compliance with the land use restrictions set forth below, and subject to Section IX of this
Agreement (DEQ’s Covenant Not to Sue and Reservation of Rights), DEQ is not requiring
Prospective Developer to perform any active remediation at the Brownfields Property other than
remediation that may be required pursuant to a DEQ-approved Environmental Management Plan
(EMP) required by this Section.
15. By way of the Notice of Brownfields Property referenced below in paragraph 20,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.
a. No use may be made of the Brownfields Property other than for industrial,
office, parking, retail, warehousing, open space, and, subject to DEQ’s prior written approval,
other commercial uses. For purposes of this restriction, the following definitions apply:
i. “Industrial” defined as the assembly, fabrication, processing, interior or
exterior storage, warehousing or distribution of goods or materials.
ii. “Warehousing” defined as the use of a commercial building for storage
of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others,
and also refers to the storage of goods and materials for a specific commercial establishment or
group of establishments in a particular type of industry or commercial activity.
iii. “Office” defined as the provision of business or professional services.
iv. “Parking” defined as the temporary accommodation of trailers,
equipment, or motor vehicles in an area designed for same.

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v. “Commercial” defined as an enterprise carried on for profit or nonprofit
by the owner, lessee or licensee.
vi. “Retail” defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and/or beverage products.
vii. “Open Space” defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, or detention facilities for
stormwater.
b. Unless compliance with this Land Use Restriction is waived in writing by
DEQ in advance in regard to a particular activity, no activities that encounter, expose, remove or
use groundwater (for example, installation of water supply wells, ponds, lakes or swimming
pools, or construction or excavation activities that encounter or expose groundwater) may occur
on the Brownfields Property unless and until DEQ states in writing, in advance of the proposed
activity, that said activity may occur if carried out along with any measures DEQ deems
necessary to ensure the Brownfields Property will be suitable for the uses specified in
subparagraph 15.a above while fully protecting public health and the environment. Prior
sampling and analysis of groundwater to the written satisfaction of DEQ in any areas proposed
for such activities, and submittal of the analytical results to DEQ is required. If such results
reflect contaminant concentrations that exceed the standards and screening levels applicable to
the uses authorized for the Brownfields Property, the groundwater-related activities proposed
may only occur in compliance with any written conditions DEQ imposes. Activities may occur
if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property

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will be suitable for the uses specified in subparagraph 15.a above while fully protecting public
health and the environment.
c. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved
in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in
Exhibit 2;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil
contamination); and
iv. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment.
d. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ,

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unless conducted in accordance with an approved EMP as outlined above in subparagraph 15.c.
e. As part of the Land Use Restrictions Update described below in
subparagraph 15.j for each year after the year in which the Notice referenced below in paragraph
20 is recorded, for as long as physical redevelopment of the Brownfields Property continues
(except that the final deadline shall fall 90 days after the conclusion of physical redevelopment),
the then-owner of the Brownfields Property shall provide DEQ a report subject to written DEQ
approval on environment-related activities since the last report, with a summary and drawings,
that describes:
i. actions taken on the Brownfields Property in accordance with Section
V: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected
or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
f. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for

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purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
g. Any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: “This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the
Mecklenburg County land records, Book ____, Page ____.” A copy of any such instrument shall
be sent to the persons listed in Section XV (Notices and Submissions), though financial figures
and other confidential information related to the conveyance may be redacted to the extent said
redactions comply with the confidentiality and trade secret provisions of the North Carolina
Public Records Law. The owner conveying an interest may use the following mechanisms to
comply with the obligations of this subparagraph: (i) If every lease and rider is identical in form,
the owner conveying an interest may provide DEQ with copies of a form lease or rider
evidencing compliance with this subparagraph, in lieu of sending copies of actual, executed
leases, to the persons listed in Section XV (Notice and Submissions); or (ii) The owner
conveying an interest may provide abstracts of leases, rather than full copies of said leases, to the
persons listed in Section XV.
h. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants shall be responsible for repair of any such wells to DEQ’s written satisfaction and
within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance.
i. The Brownfields Property may not be used for child care, adult care centers or

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schools without the prior written approval of DEQ.
j. During January of each year after the year in which the Notice referenced below
in paragraph 20 is recorded, the owner of any part of the Brownfields Property as of January 1st
of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the
chief public health and environmental officials of Mecklenburg County, certifying that, as of said
January 1st, the Notice of Brownfields Property containing these land use restrictions remains
recorded at the Mecklenburg County Register of Deeds office and that the land use restrictions
are being complied with. The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact
person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year;
ii. the transferee’s name, mailing address, telephone and facsimile
numbers, and contact person’s e-mail address, if said owner transferred any part of the
Brownfields Property during the previous calendar year;
iii. LURU’s submitted for any portion of the Brownfields Property that
contains rental units shall include a list of tenants and their addresses;
iv. A LURU submitted for rental units shall include the rent roll and
enough of each lease entered into during the previous calendar year to demonstrate compliance
with lessee notification requirements in subparagraph 15.j above and paragraph 21 below of this
agreement provided that if standard form leases are used in every instance, a copy of such
standard form lease may be sent in lieu of copies of actual leases; and
16. The desired result of the above-referenced land use restrictions is to make the

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Brownfields Property suitable for the uses specified in the Agreement while fully protecting
public health and the environment.
17. The guidelines, including parameters, principles and policies within which the
desired results are to be accomplished are, as to field procedures and laboratory testing, the
Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section and the Division
of Waste Management Vapor Intrusion Guidance, as embodied in their most current version.
18. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
19. In addition to providing access to the Brownfields Property pursuant to subparagraph
15.f above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of

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DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
20. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property for the Brownfields Property containing, inter alia, the land use restrictions set forth in
Section V (Work to Be Performed) of this Agreement and a survey plat of the Brownfields
Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date of this
Agreement, Prospective Developer shall file the Notice of Brownfields Property in the
Mecklenburg County, North Carolina, Register of Deeds’ Office. Within three (3) days
thereafter, Prospective Developer shall furnish DEQ a copy of the documentary component of
the Notice containing a certification by the register of deeds as to the Book and Page numbers
where both the documentary and plat components of the Notice are recorded, and a copy of the
plat with notations indicating its recordation.
21. This Agreement shall be attached as Exhibit A to the Notice of Brownfields
Property. Subsequent to recordation of said Notice, any deed or other instrument conveying an
interest in the Brownfields Property shall contain the following notice: “This property is subject
to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property
recorded in the Mecklenburg County land records, Book ____, Page ____.” A copy of any such
instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though
financial figures and other confidential information related to the conveyance may be redacted to
the extent said redactions comply with the confidentiality and trade secret provisions of the
North Carolina Public Records Law. Prospective Developer may use the following mechanisms

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to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form,
Prospective Developer may provide DEQ with copies of a form lease or rider evidencing
compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XV (Notices and Submissions); or (ii) Prospective Developer may
provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section
XV.
22. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
VII. DUE CARE/COOPERATION
23. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in subparagraph 35.a below
of any such required notification.

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VIII. CERTIFICATION
24. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated April 10, 2018, by which it applied for this
Agreement. That use is industrial, office, parking, warehousing, open space, retail and, subject
to DEQ’s prior written approval, other commercial uses. Prospective Developer also certifies
that to the best of its knowledge and belief it has fully and accurately disclosed to DEQ all
information known to Prospective Developer and all information in the possession or control of
its officers, directors, employees, contractors and agents which relates in any way to any past use
of regulated substances or known contaminants at the Brownfields Property and to its
qualification for this Agreement, including the requirement that it not have caused or contributed
to the contamination at the Brownfields Property.
IX. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
25. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.

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c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public

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health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
26. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
27. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
28. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 25 through 27 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
29. In consideration of DEQ’s Covenant Not To Sue in Section IX of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any

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action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above-referenced Notice of Brownfields Property.
XI. PARTIES BOUND
30. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party’s signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XII. DISCLAIMER
31. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer’s duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
32. Except for the land use restrictions set forth in subparagraph 15.a above and NCGS §
130A-310.33(a)(1)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XIII. DOCUMENT RETENTION
33. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and

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documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XIV. PAYMENT OF ENFORCEMENT COSTS
34. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section V (Work to be Performed), it shall be
liable for all litigation and other enforcement costs incurred by DEQ to enforce this Agreement
or otherwise obtain compliance.
XV. NOTICES AND SUBMISSIONS
35. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a

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change in contact information, all notices and submissions pursuant to this Agreement shall be
sent by prepaid first class U.S. mail, as follows:
a. for DEQ:
William L. Schmithorst (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646

b. for Prospective Developer:

Patrick Pierce (or successor in function)
4233 Trailer Drive, LLC
4310 Park Road, Suite 101
Charlotte, NC, 28209

Notices and submissions sent by prepaid first class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVI. EFFECTIVE DATE
36. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ’s approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in N.C.G.S. § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and invalidate its signature on this Agreement.

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XVII. TERMINATION OF CERTAIN PROVISIONS
37. If any Party believes that any or all of the obligations under Section VI
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XVIII. CONTRIBUTION PROTECTION
38. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
39. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
40. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XIX. PUBLIC COMMENT
41. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the

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approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.

IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
____________________________________________________________________________
Michael E. Scott Date
Director, Division of Waste Management

IT IS SO AGREED:
4233 TRAILER DRIVE, LLC
By:
____________________________________________________________________________
Name typed or printed: Date
Title typed or printed:


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EXHIBIT

6(/
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22022-18-060/Pfister Dyes and Chemical (20181213)

1

Exhibit 2

The most recent environmental sampling at the Property reported in the Environmental
Reports occurred on April 12, 2018.The following table sets forth, for contaminants present at
the Property above unrestricted use standards or screening levels, the 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 for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, (April 1, 2013 version):

Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Standard (g/L)
Standard
(g/L)
Thallium MW-1 5/19/2017 1.3 0.2 MW-2 5/17/2017 0.97 J
g/L – micrograms/liter
J – Estimated concentration

SOIL

Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial/Commercial Health-
Based Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund
Section (February 2018 version):
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Industrial
Screening
Level1 (mg/kg)
Arsenic

HA-5 1.5 5/18/2017 4.00 3.0

HA-7 5 5/18/2017 3.30
HA-8 0-1 1/31/2018 3.19
HA-9 1-1.5 3.31 3.39
HA-10 0-1 1/12/2018 4.23

22022-18-060/Pfister Dyes and Chemical (20181213)

2
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Industrial
Screening
Level1 (mg/kg)
Arsenic HA-10 1-1.5 1/12/2018 4.27 3.0
HA-11 0-1 1/12/2018 3.54
HA-11 1-1.5 1/12/2018 3.65
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.

Exhibit C
Legal Description for Pfister Dyes and Chemical
Brownfields Project No. 22022-18-060

That certain tract or parcel of land situated, lying and being in the City of Charlotte, County of Mecklenburg,
State of North Carolina and being more particularly described as follows:
BEGINNING at an existing 1 inch iron pipe on the easterly right-of-way margin of Cedarhurst Drive (50
foot public R/W), said point also being the southwest corner of Lot 1, Block 2, as shown on Map of a
portion of Derita Woods, recorded in Map Book 2369, Page 233 in the Mecklenburg County Public Registry
(the “Registry”); thence with and along the southeasterly rear boundary of Lots 1, 2, 3, 4, 5 and 6, Block 2
as shown on said Map of a portion of Derita Woods N 44°31'26" E a distance of 349.18 feet to an existing
1 inch iron pipe being the southeast corner of Lot 6, and the northwest corner of the property of Veritiv
Operating Company (now or formerly) as described in Deed Book 29310, Page 404 in said Registry; thence
with and along the westerly boundary of said property of Veritiv Operating Company for the following two
(2) courses and distances: 1) S 11°17'28" E a distance of 580.05 feet to an existing 1.5 inch iron pipe; 2) S
60°32'20" E a distance of 86.33 feet to a new 1/2 inch iron rod on the westerly right-of-way margin of
Trailer Drive (60 foot public R/W per DOT Project 8.1636601); thence with and along the westerly margin
and continuing with the northerly right-of-way margin of said Trailer Drive for the following four (4)
courses and distances: 1) S 17°27'30" W a distance of 206.51 feet to an existing concrete monument; 2)
with a curve turning to the right having a radius of 149.05 feet and an arc length of 201.60 feet (chord
bearing of S 56°12'26" W and a chord length of 186.58 feet) to an existing concrete monument; 3) N
85°02'38" W a distance of 120.94 feet to a new 1/2 inch iron rod; 4) N 44°40'57" W a distance of 30.88 feet
to a new 1/2 inch iron rod on the northeasterly right-of-way margin of Dalecrest Drive (60 foot public R/W);
thence with and along said northeasterly right-of-way margin of Dalecrest Drive for the following three (3)
courses and distances: 1) with a curve turning to the right having a radius of 1263.03 feet and an arc length
of 145.70 feet (chord bearing of N 21°21'43" W and a chord length of 145.62 feet) to a new 1/2 inch iron
rod; 2) N 18°03'26" W a distance of 102.18 feet to a new 1/2 inch iron rod; 3) S 71°56'34" W a distance of
5.00 feet to a new 1/2 inch iron rod on the easterly right-of-way margin of Cedar Drive (50 foot public
R/W); thence with and along said easterly right-of-way margin of Cedarhurst Drive for the following two
(2) courses and distances: 1) with a curve turning to the right having a radius of 227.53 feet and an arc
length of 201.87 feet (chord bearing of N 07°21'36" E and a chord length of 195.31 feet) to a new 1/2 inch
iron rod; 2) with a reverse curve turning to the left having a radius of 177.24 feet and an arc length of 219.85
feet (chord bearing of N 02°45'29" W and a chord length of 206.02 feet) to the point of BEGINNING,
having an area of 259,334 square feet or 5.9535 acres of land, as shown on a survey prepared by R. B. Pharr
& Associates, P.A. dated July 5, 2018 (Job No. 88582).