HomeMy WebLinkAbout23004_Lace Lastics_BPA_20190204Mary Katherine H. Stukes
Partner
Telephone: 704.335.9495
Direct Fax: 704.334.4706
marykatherinestukes@parkerpoe.com
Via FEDEX
North Carolina Brownfields Program
Attention: Shirley Liggins
North Carolina Department
of Environmental Quality
Division of Waste Management
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
J�
Parker Poe
February 4, 2019
Atlanta, GA
Charleston, SC
Charlotte, NC
Columbia, SC
Greenville, SC
Raleigh, NC
Spartanburg, SC
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Re: Oxford Realty, LLC — Original Affidavit, Signature Page & Updated Brownfields
Application
Property Located at 606 & 610 Pine Tree Road, Oxford, NC
Dear Ms. Liggins,
Following up on our January 31, 2019 submission, I enclose the original Affidavit re:
Responsibility and Compliance and signature page to the application to the Brownfields Program on
behalf of Oxford Realty LLC ("Oxford Realty"). I also enclose an updated version of the January 31, 2019
application that makes the following changes:
• In Section I. C., corrects the spelling of Barbara Schlussel's name and includes Judith's
Ginsburg's email address.
• In Section II. F, changes the reference to American Federation of Advanced Apparel and
Textiles to Advanced Functional Fabrics of America (AFFOA).
• Includes an additional page to the confidential addendum under Exhibit B. As we
indicated in our cover letter with our initial Brownfields Application on January 31, please
treat the enclosed confidential addenda as business confidential information pursuant to
the North Carolina Public Records Act, N.C. Gen. Stat. § 132-1 et seq.
Please let me know if you have any questions or need anything further from Oxford Realty or me
along these lines.
Best regards,
Mary Brine Stukes
cc: Jonathan Kurz (w/ enclosures)
Enclosures
PPAB 4697735v1
Parker Poe Adams & Bernstein LLP Attorneys and Counselors at Law Three Wells Fargo Center 401 South Tryon Street Suite 3000 Charlotte, NC 28202
t 704.372.9000 f 704.334.4706 www.parkerpoe.com
cWasteManagement
ENVIRONMENTAL QUALITY
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.orq 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.
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.)
Based upon the review of the application, the NCBP will provide the applicant PD one of the
following:
A. A Letter of Eligibility (LOE) indicating that the property is eligible for continued
negotiations towards a brownfields agreement. Upon receipt of an LOE, the initial
statutory fee of $2,000 is due from the PD to the NCBP. At this point, the PD also
needs to submit any and all environmental data it has or can obtain regarding the
site;
B. A Letter of Deficiency indicating that the submitted application is deficient in some
manner and eligibility cannot be determined, at which time additional information or
corrections to the application will be requested from the applicant PD; or
C. A letter indicating that the property and/or the applicant PD are ineligible for a
brownfields agreement.
The above steps end the application process. The remainder of the process of obtaining the
brownfields agreement is summarized as follows:
3. The NCBP reviews the existing environmental data and determines if there are
knowledge gaps. The NCBP may require additional assessment to be conducted by the
PD to fill in those gaps. Depending on the situation, such assessment may be required
prior to completion of a draft brownfields agreement or it may be incorporated in the
brownfields agreement requirements.
4. The NCBP considers all data at hand and drafts the brownfields agreement outlining
those items necessary to make the site suitable for the uses intended while fully protecting
public health and the environment. These items could include land use restrictions,
engineered controls, remedial actions or a combination of these actions. The draft BFA is
forwarded to the PD.
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5. The final draft brownfields agreement is negotiated and finalized between 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.nebrownfields.org or by
calling 919-707-8200.
3
Brownfields Property Application
North Carolina Brownfields Program
www.ncbrownfields.or
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
Oxford Realty LLC
Principal Officer
Jonathan Kurz
Representative
Jonathan Kurz
Mailing Address
168 Doughty Boulevard
Inwood, NY 11096
E-mail address
jkurz@apexmills.com
Phone No.
516-239-4400
Fax No.
n/a
Web site
www.apexmills.com
B. PD contact person information (i.e., individual who will serve as the NCBP's point of
contact if different than above};
Name Mary Katherine H. Stukes
Company Parker Poe Adams & Bernstein LLP
Mailing Address 401 S. Tryon St., Ste. 3000
Charlotte, NC 28202
E-Mail Address marykatherinestukes@parkerpoe.com
Phone No. (704) 335-9495
Fax No. (704) 335-4481
C. Information regarding all parent comcanies. subsidiaries or other affiliates of PD (attach
separate sheet(s) if necessary):
(Use for LLCs)
Member -managed or manager -managed? Answer: member -managed
12
If manager -managed, provide name of manager and percent of ownership:
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Jonathan Kurz
25
1328 Harbor Road
Hewlett, NY 11557
jkurz@apexmills.com
516-239-4400
For all LLCs, list all members of the LLC and provide their percent of ownership:
Name
Ownership (%)
Mailing Address
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.
Jonathan Kurz
25
1328 Harbor Road
Hewlett, NY 11557
jkurz@apexmills.com
516-239-4400
David Kurz
25
1343 Boxwood West
Hewlett, NY 11557
dkurz@apexmills.com
516-239-4400
Barbara Schlussel; Judith Ginsburg
25 each
Barbara Schlussel: 2196 NW 59th Street, Boca Raton, FL 33496
Judith Ginsburg: 24 Rosalind Place, Lawrence, NY 11559
schlusselbobbi@gmail.com; Lawrencejudi@aol.com
Barbara: 516-242-3051; Judith: 516-239-3422
5
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.
Jonathan Kurz
List all parent companies, subsidiaries and other affiliates:
The PD entity is an affiliate of Apex Mills Corp., an S-Corp headquartered in New York. The
PD and Apex Mills also are affiliated with Apex Aridyne Corp., which operates a textile
manufacturing facility in Graham, North Carolina. Another affiliated entity, MakTech Textiles,
LLC, will conduct operations at the brownfields property. The PD also has common
ownership with several other entities that are unrelated to this project or property.
(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:
0
(Use for corporations other than LLCs)
(If information is the same as shown in 1.A., please indicate "same as I.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 9.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 See enclosed confidential addenda, Exhibit A & Exhibit B.
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
7
Explanation The PD has retained professionals, including Parker Poe Adams & Bernstein
LLP, 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 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 retained Hart & Hickman PC to manage
the technical aspects of both this application and the implementation of an eventual
brownfields agreement (including technical "work to be performed"). Hart & Hickman has
worked on numerous brownfields projects in the state and is familiar with the technical
aspects and requirements of the brownfields program.
G. Does PD commit that it will comply (and has complied, if PD has had a prior project in the
NCBP) with all applicable procedural requirements of the NCBP, including prompt payment of
all statutorily required fees?
Answer Yes.
(List all NCBP project name(s) and NCBP project ID numbers where PD or any parent
company, subsidiary and other affiliate of PD has been a party to.)
None.
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.)
0
If no, provide the name, address, telephone number and e-mail address of the contact
person for the current property owner
Lace Lastics Company, Inc.
P.O. Box 508
Oxford, NC 27565
I. If PD does not currently own the property, does PD have the property under contract to
purchase?
Answer Yes
If yes, provide date of contract. On January 25, 2018, the PD entered into a lease agreement with
Lace Lastics, the current owner of the property, including a fixed option to purchase the property after a
two-year lease term with two additional one-year lease term options.
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 lease period by exercising its
option to purchase as described above.
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)(1 1) that have
been used, stored on, or otherwise present at the property while those activities were
conducted, and explain how they were used.)
The PD has conducted due diligence activities and investigations at the property, including
environmental investigations. Because of the distressed nature of the property as further described
in Section II.C. below, the PD took over existing operations as of Monday, January 28, 2019 to
prevent the facility from being shut down. A list of chemicals to be used in the PD's operations can
be provided upon request.
II. SITE INFORMATION
A. Information regarding the proposed brownfields property:
Proposed project name Oxford Realty Rehabilitation/Expansion Project
acreage 6.88 County Granville
street address(es) 606 & 610 Pine Tree Road
city Oxford zip 27565
tax ID(s) or PIN(s) 191207586795; 191207588689; 191207680641;191207682643
past use(s) The site was undeveloped until the early 1980s when the central
portion of the site was developed by Lace Lastics, a textile manufacturer.
current use(s) The site currently operates as a textile manufacturer that performs on -
site knitting, warping, dyeing and finishing of lace, and warehousing for operational materials.
cause(s)/source(s) of contamination:
known Sampling has not yet been performed at the property.
suspected Historical use of the property as a textile manufacturer and associated
chemical usage; adajcent upgradient manufacturing use.
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: None. Though not part of the brownfields property, the property
located adjacent and to the south of the brownfields property conducted manfacturing
operations that included copper and nickel electroplating and chrome conversion coating.
The facility is identified on EPA's National Priority List as EPA ID NCD122263825. Historical
reports indicate that soil and groundwater at this adjacent property have been impacted by
trichloroethylene (TCE), tetrachloroethylene (PCE), dichloroethylene (DCE), vinyl chloride
and cyanide.
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
C. In what way(s) is the �arocerty is abandoned, idled. or underused?
10
The property has long operated as a specialty textile manufacturing facility, but in recent
years the facility's revenues and production have dwindled and the facility currently is only
operating three to four days per week. The building and equipment are dilapidated and in
dire need of updates, and the current operator's financial situation has deteriorated to the
point that the PD's agreement to take over operations at the property was essential to
keeping the facility from shutting down completely and leaving more than forty employees
without jobs in an already economically disadvantaged area of North Carolina with higher
than average unemployment rates. The PD's investment in rehabilitating and expanding the
existing operation will ensure that those employees retain their jobs, create new jobs, and
restore the facility to productive and efficient use. In addition, the specialized equipment and
processes utilized at the facility are unique and important in the textile industry, yet these
capabilities are not currently being maximized or modernized.
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}?
Before the PD incurs the costs associated with redevelopment of the property, it needs to
ensure that the property can safely be used through the Brownfields Program, and that it and
future owners and occupants will have the protections and benefits afforded by a brownfields
agreement. Thus, given the environmental risks and stigma posed by the property and its
proposed future use, a brownfields protection is critical for the safe redevelopment and success
of the property.
E. In what way{s} is the redevelopment of the property difficult or impossible without a
brownfields agreement (attach any supporting documentation such as letters form lending
institutions}?
Given the level of environmental risk and stigma present at the property, the PD believes that
a brownfields agreement will be essential for the viable and safe use of the property. Further, a
lender will not be willing to invest in future redevelopment and significant capital/equipment
upgrades at the property without a brownfields agreement.
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.
As stated above, in the short term, the PD will provide the manufacturing facility with an
essential capital infusion, refurbishing the facility and its existing equipment, purchasing
additional equipment, and hiring additional employees. The PD has already increased the
employee roster at the brownfields property from 45 to 49 employees since January 28,
2019, with an additional 10 to 20 hires anticipated in the near term. In addition, the PD plans
immediately to undertake efforts to evaluate and address recognized environmental
conditions at the property, such as assessing the integrity of the trench drains and sump in
the dye house and conducting repairs as needed.
The facility currently manufactures various applications of lace material, using only one type
of dyeing equipment and finishing frame. The PD will utilize this equipment to manufacture
components to complement its current suite of products, which include various technical
textiles used in office furniture, military products, safety products, and footwear. However,
the PD also plans to diversify the operations at the property by investing in a variety of
cutting edge custom equipment to allow the production of highly specialized textile products,
11
including equipment to produce "smart" textiles. This custom equipment will require at least
one year of design/production lead time and will require $2-3 million in capital investment.
The PD and its affiliated companies are on the leading edge of the e-textile industry,
developing "smart" textiles with integrated sophisticated technology. Apex Mills is a founding
member of the Advanced Functional Fabrics of America (AFFOA) at the Massachusetts
Institute of Technology and will bring its expertise to bear in upgrading the faciliity to a level
that can support these high tech development efforts.
G. Current tax value of brownfields property: $2,856,444
H. Estimated capital investment in redevelopmentproject: $The PD plans to invest several
hundred thousand dollars at the property immediately by adding 10-20 employees, purchasing
new equipment, and rehabilitating and modernizing the facility. In the mid-term, the PD plans to
invest $2-3 million in a major equipment expansion, along with additional employees to operate
that equipment.
List and describe the i?ublic 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 suo,,.)ort letters with this a,? lication is recommended and
encouraged.)
1. Creation of additional jobs and the preservation of existing jobs.
2. Avoidance of shuttering down an operating business and creating a vacant, abandoned
structure.
3. Spur to additional community investment and development in the area resulting in further tax
base and employment opportunities.
4. Positive impacts on the surrounding business community.
5. 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 increased economic
activity.
6. Beneficial use of the property and re-use/updating of an existing structure, thereby avoiding
the use of "green space" in other areas of the community.
7. Aesthetic enhancements.
8. Restoration of the property to full production, as the site was formerly in operation only three
or four days a week.
8. The addition of a high tech industry to this area of the state.
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
12
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.
Under consideration.
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 I.A. above, please indicate.)
Name Lace Lastics Company, Inc.*
Mailing Address P. O. Box 508
Oxford, NC 27565
*depending on timing; the PD plans to purchase the property after the
conclusion of its lease term
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, as Exhibit C.
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, as Exhibit D.
C. Location Map: PD must provide a copy of the relevant portion of the 1:24,000 scale
U.S.G.S. topographic guadrangle map that shows the location of the property, clearly
plotted, and that measures at least an 8 Y by 11 inches. (Note: these maps can be
13
purchased through the above link, or often through retail outdoor recreation stores that can
print out the relevant map. Often environmental reports have location maps that use this
type of map format as the base for its location map.)
Is the rer.�uired location map included with this application?
Answer Yes, as Exhibit E.
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 In progress.
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:
Shirle .Li ins(cDncdenr. ov with a clear indication as to which Brownfields
Application they apply to.
Are photographs of the property included with this application?
Answer Yes, as Exhibit F.
Have electronic copies of the photographs been emailed to NCBP?
Answer Yes.
F. Environmental Reports/Data: If it makes an affirmative eligibility determination, the NCBP
will request that PD provide any and all existing environmental reports and data for the
property on CD only. The brownfields process may be expedited if PD submits such
reports/data with this application.
Are anv environmental re )orts/data being submitted with this application?
Answer Yes, as Exhibit G.
If environmental reports/data are being submitted with this application, please provide the
title, date and author of each item being submitted:
Phase I Environmental Site Assessment
Lace Lastics Textile Mill
606 and 610 Pine Tree Road, Oxford, NC
January 14, 2019
Hart & Hickman
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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.
15
BUSINESS CONFIDENTIAL TRADE SECRET INFORMATION SUBMITTED PURSUANT TO N.C. GEN.
STAT. § 130A-304 and § 132-1 ETSEQ — NOT FOR DISCLOSURE OR DISTRIBUTION
PY14IRIT A
Response of Oxford Realty, LLC to Question I.D. in its January 31, 2019 Brownfields Property
Application
The PD entity is a member of the well -established Apex family of companies, which have been
in existence for over 75 years. Apex Aridyne employs over 125 people at its facility in Graham,
North Carolina, which has been operating for more than 40 years. The companies' current ratio
(current assets/current liabilities) as of December 31, 2017 is 5.37, which is exceptionally
strong. Although financial reports for 2018 have not yet been finalized, the Apex family of
companies enjoyed its most successful year to date, with a combined revenue of approximately
$30.5 million. Balance sheets demonstrating the financial standing of Apex Mills and Apex
Aridyne as of 2017 are enclosed for additional information.
PPAB 4693330v]
EXHIBIT B
Apex Mills Corp.
Statement of Assets, Liabilities and Stockholders' Equity - Tax Basis
December 31, 2017 and 2016
Current Assets
Cash in banks and on hand -
Accounts receivable - factored
- other
Due From Apex Aridyne Corp.
Loans receivable -employees
Merchandise inventory
Sundry receivables
Prepaid expenses and taxes
Total Current Assets
Furniture and equipment - net
Leasehold Improvements - net
TOTALASSETS
2017 2016
$ 569,278 $
1,175,697
1,267,416
1,3.67,086
109,004
121,196
1,404,072
177,232
1,000
4,385,970
4,672,890
13,096
76.785
7,383
78 010
7,826,621 7,599,494
336.284 311,956
23,589 106.395
$ 8,186,4.94 $ 8,0.17,845
EXHIBIT A
CONFIDENTIAL INFORMATION
SUBMITTED PURSUANT TO N.C. GEN.
STAT. §130A-304 and §132-1 ET SEQ -
NOT FOR DISCLOSURE OR DISTRIBUTION
See independent accountant's report.
CONFIDENTIAL INFORMATION
SUBMITTED PURSUANT TO N.C. GEN.
STAT. §130A-304 and §132-1 ET SEQ -
NOT FOR DISCLOSURE OR DISTRIBUTION
Apex Mills Corp.
Statement of Assets, Liabilities and Stockholders' Equity- Tax Basis
December 31, 2017 and 2016
Current Liabilities
Accounts payable
Customers' credit balances
Taxes
Installment Note Payable
Accrued retirement benefits
Accrued expenses
Total Current Liabilities
Other Liabilities
Installment Note Payable
Notes payable (sch A)
Total Other Liabilities
TOTAL LIABILITIES
Stockholders' Equity
Common Stock no par value 2,648 shares
issued
' Retained earnings -January 1,
Net Profit (Loss) per exhibit B
Less: distributions to stockholders
Retained earnings -December 31,
TOTAL STOCKHOLDI=RS' EQUITY
2017 2016
$ 916,809'$
936,303
33,980
15,322
25
25
26,016
34,238
150,752
138,330
14.123
7,765
1.141,705 1,131,983
26,931 59,101
1,215.156 1,215,156
1, 242, 087 1,274,257
2.383, 792 2,406,240
246,550 246,550
5,365,060 5,113,334
191.364
5,556,424
272
251,721
5,365,055
5,556,152 5,365,05
5,802,702 5,611,605
TOTAL LIABILITIES AND STOCKHOLDERS'
EQUITY $ 8,186,494 $ 8,017,845
EXHIBIT A �Continued)
See independent accountant's report.
- Apex Aridyne Corp.
Statement of Assets, Liabilities and Stockholders' Equity - Tax Basis
December 31, 2017 and 2016
2017 2016
Current Assets:
Cash on Hand and in Banks $ 3,805,332 $ 2,272,617
New York Money Market Fund 1,756,389
}: Municipal Bonds (At Cost) 1,743,228
Accounts Receivable 2,177,617 2,155,311
Prepaid Expenses 98,584 91,922
Loans & Exchanges 7,347 5,016
Total Current Assets
Fixed and Other Assets:
Machinery and Equipment
Beams
Building
Building Addition
Furniture -and Equipment
Trade Shaw Booth
Automobile
Land
Less: Accumulated Depreciation
Deposit For Machinery
TOTAL ASSETS
7,845,269 6,268,094
4,946,204
4,653,475
14,150
' 14,150
3,453,568
3,453,568
1,402,499
1,402,499
568,745
558,896
132,440
132,440
31,601
55,731
57,267
55.731_
10,604,938
10,328,026
9,204,682
8.690,936
1,400,256 1,637,090
71,760 38,000
$ 9,317,285 $ 7,943,184
EXH[BIT A
CONFIDENTIAL INFORMATION
SUBMITTED PURSUANT TO N.C. GEN.
STAT. §130A-304 and §132-1 ET SEQ -
NOT FOR DISCLOSURE OR DISTRIBUTION
see independent accountant's report.
Apex Aridyne Corp.
Statement of Assets, Liabilities and Stockholders' Equity - Tax Basis
December 31, 2017 and 2016
Current Liabilities.
Accounts Payable
Taxes Payable
Accrued Expenses
Retirement Plan Payable
Due To Customers
r Due to Apex Mills Corp
Total Current Liabilities
Other Liabilities:
Notes payable (sch A)
TOTAL LIABILITIES
Stockholders' Equity:
r
Common Stock (1,000shs issued
and outstanding)
Retained Earnings - January 1,
Net Profit Per Exhibit B
Less: Distributions To Stockholders
Retained Earnings - December 31,
Treasury Stock
TOTAL STOCKHOLDERS' EQUITY
TOTAL LIABILITIES AND
STOCKHOLDERS' EQUITY
CONFIDENTIAL INFORMATION
SUBMITTED PURSUANT TO N.C. GEN.
STAT. §130A-304 and §132-1 ET SEQ -
NOT FOR DISCLOSURE OR DISTRIBUTION
2017 2016
$ 64,819 $
92,278
4,700
5,800
93,301
124,719
149,248
132,931
137,950
1,404,072
171,867
1,854,090
527,595
925,652 925,652
2,779,742 1,453,247
130,000
130,000
6,409,940
7,079,513
347.727
552.2208
6,757,667
7,631,721
300,124
1,221,784
6,457,543
6,409,937
(50.000)
50,000
6,537.543
_6,489,937
$ 9,317,285 $ 7,943,184
EXHIBIT A (Continued)
see independent accountant's report.
EXHIB T
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
NORTH CAROLINA BROWNFIELDS PROGRAM
IN THE MATTER OF: Oxford Realty, LLC
UNDER THE AUTHORITY OF ) AFFIDAVIT
NORTH CAROLINA GENERAL ) RE: RESPONSIBILITY
STATUTES 3130A-310.30, et. seq. ) AND COMPLIANCE
Jonathan Kurz being duly sworn, hereby deposes and says:
1. I am <<President>> of <Oxford Realty, LLC.
2. [if signatory is not President, add this paragraph: "I am fully authorized to make the declarations
contained herein and to legally bind Oxford Realty, LLC."]
3. Oxford Realty, LLC is applying for a Brownfields Agreement with the North Carolina Department of
Environmental Quality, pursuant to N.C.G.S. 3 130A, Article 9, Part 5 (Brownfields Act), in relation
to the following Parcel Number(s): 191207586795; 191207588689; 191207680641; 191207682643
parcel(s) in Oxford, Granville, County, North Carolina: 606 & 610 Pine Tree Road.
4. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that Oxford
Realty, LLC, and any parent, subsidiary or other affiliate meets the eligibility requirements of
N.C.G.S. 3 130A-310.31(b)(10), in that it has a bona fide, demonstrable desire to develop or
redevelop, and did not cause or contribute to the contamination at, the parcel(s) cited in the preceding
paragraph.
5. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that Oxford
Realty, LLC meets the eligibility requirement of N.C.G.S.3130A-310.32(a)(1) in that it and any
parent, subsidiary or other affiliate have substantially complied with:
a. the terms of any brownfields or similar agreement to which it or any parent, subsidiary or
other affiliate has been a party;
b. the requirements applicable to any remediation in which it or any parent, subsidiary or other
affiliate has previously engaged;
c. federal and state laws, regulations and rules for the protection of the environment.
ant further saith not.
tur n ted Name
Date
HARRIET KRAUTHAMER
Sworn to and subscribed before me Notary Public, State of New York
_ No. 01KR8233761
'r Qualified In Nassau County
this day of U%v �d , 20 19. Commission Expires: January 3, 30..
Notary Public
My commission expires: ! 31a0 a 3 (SEAL)
16
EXHIBIT D
Preliminary Proposed Brownfields Agreement
I. Property Facts
a. Property Address(es): 606 & 610 Pine Tree Road, Oxford, NC
b. Property Seller: Lace Lastics Company, Inc.
c. Property Buyer: Oxford Realty, LLC
d. Brief Property Usage History: The site was undeveloped until the early 1980s when the
central portion of the site was developed by Lace Lastics, a textile manufacturer. The property
still operates as a textile manufacturer.
e. The planned reuse will potentially involve the following use classification(s) (check all that
apply):
❑ School/childcare/senior care
❑ Residential
❑ Commercial, retail (specify)
❑ Other commercial (specify)
❑ Office
® Light industrial
❑ Heavy industrial
❑ Recreational
❑ Open space
❑ Other (specify)
II. Contaminant Information
a. The contaminant situation at the property is best described by the following (check all that
apply):
❑ Contaminants are from an on -property source(s)
❑ Contaminants are from an off -property source(s)
❑ Contaminants are from an unknown source(s)
® Contaminants have not yet been documented on the property
17
b. Contaminated Media Table. (If known, check appropriate boxes below)
Contaminant
Soil
Groundwater
Private Wells Vapor Intrusion
Types
and/or Surface
Water
known
Suspected
known
Suspected
known
suspected known suspected
o
Chlorinated
x
x
1
r
Solvents
9
(list):
a
n
i
c
s
Petroleum:
X
X
ASTs ❑
USTs ❑
Other
Other (list):
i
Metals
X
X
n
(list):
0
r
9
a
nOther
(list):
c
s
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
18
final brownfields agreement generated by the NCBP, land use restrictions will ultimately
come with the continuing obligation to submit an annual certification that the Land Use
Restrictions are being complied with and remain recorded at the applicable register of
deeds office.)
IV. Fees
In connection with a brownfields agreement, the Act requires that the developer pay fees to
offset the cost to the Department of Environmental Quality and the Department of Justice. In
satisfaction of the Act, the following fees apply to a brownfields agreement that is developed for
this project under the standard program, subject to negotiation of the brownfields agreement:
a. A $2,000 initial fee will be due from the applicant PD when both of the following occur:
1) NCBP receives this application, the affidavit and proposed brownfields agreement, AND
2) NCBP notifies the applicant in writing that the applicant PD and the project are eligible for
participation in the NCBP and continued negotiation of a brownfields agreement.
b. A second fee of $6,000 will be due from the PD prior to execution of 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.
c. Any addendum/modifications to the BFA or NBP after they are in effect will result in an
additional fee of at least $1,000.
d. In the unexpected event that the environmental conditions at the property are unusually
complex, such that NCBP's costs will clearly exceed the above amounts, NCBP and PD will
negotiate additional fees.
e. Additional fees are charged for the Ready for Reuse and Redevelopment Now programs.
® Please check this box .and initial in space provided to indicate your
ack o ledgement of the standard brownfields fee structure.
❑ Please check this box and initial in space provided to indicate your interest in the
Redevelopment Now program and your acknowledgement of the alternate fee structure as
outlined in the Redevelopment Now Fee Consent Document (under separate cover).
❑ Please check this box and initial in space provided to indicate your interest in the
Ready for Reuse program.
Date of Submittal: _ 0 1 1 �? I I `20 tri
19
EXHIBIT E
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_ '^rfx' •_ �."f3`1 Y ,dr �:9€08. .£� ..`3:EIII� a��ly 9", • �`�"""'4
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s _ r 47� 1
APPROXIMATE
TITLE
N 0 2000 4000
SITE LOCATION MAP
SCALE IN FEET
PROJECT
LACE LASTICS TEXTILE MILL
606 AND 610 PINE TREE ROAD
OXFORD, NORTH CAROLINA
hart
hickman 2923 South Tryon Street -Suite 1CC
U.S.G.S. QUADRANGLE MAP
Charlotte, North Carolina 28203
OXFORD, NC 1981
SMARTER l..
1 704-586-0007 (p) 704-586-0373 (0
'[:. � 9i�i. SOLUTIONS
DATE:
01-03-19
REVISION NO: 0
I
QUADRANGLE
JOB NO:
APM-001
FIGURE: 1
7.5 MINUTE SERIES (TOPOGRAPHIC)
EXHIBIT F
T_N
-
w�ay,,� � :� }C'? .fir- :.ti•a. _e- Y`" -_ �': a�: y
Photograph 1: The western Site building as viewed from the southwest
0 . 'o.
Photograph 2: The eastern Site building as viewed from the southeast
o IN 3921 Sunset Ridge Road, Ste 301 LACE LASTICS TEXTILE MILL
2 hart h1Cki•t• an Raleigh, NC 27607 606 AND 610 PINE TREE ROAD
61(f)
Q 919.847.4241(p) 919.847.42OXFORD, NORTH CAROLINA
Y , --!,I "K, - -
77
1W-
Photograph 3: General view of the knitting area within the western Site building
Photograph 4: General view of knitting machines within the western Site building
o 3921 Sunset Ridge Road, Ste 301 LACE LASTICS TEXTILE MILL
a harthickman Raleigh, NC 27607 606 AND 610 PINE TREE ROAD
919.847.4241(p) 919.847.4261(f) OXFORD, NORTH CAROLINA
Photograph 5: General view of the equipment maintenance area
Photograph 6: Finished product storage within the eastern Site building
0 3921 Sunset Ridge Road, Ste 301 LACE LASTICS TEXTILE MILL
halt hickman Raleigh, NC 27607 606 AND 610 PINE TREE ROAD
919.847.4241(p) 919.847.4261(f) OXFORD, NORTH CAROLINA
f
Photograph 7: General view of finished product inspection area
Photograph 8: Dye storage room within the dye house
LAY 7
0 3921 Sunset Ridge Road, Ste 301 LACE LASTICS TEXTILE MILL
a hart hickman Raleigh, NC 27607 606 AND 610 PINE TREE ROAD
919.847.4241(p) 919.847.4261(f) OXFORD, NORTH CAROLINA
Photograph 9: New chemical and dye storage area
Photograph 10: Staining observed adjacent to dye storage
o LACE LASTICS TEXTILE MILL
K? 3921 Sunset Ridge Road, Ste 301
2 hart hickman Raleigh, NC 27607 606 AND 610 PINE TREE ROAD
919.847.4241(p) 919.847.4261(f) OXFORD, NORTH CAROLINA
_ L
�r �i• m
Photograph 11: Chemical/dye mixing area and associated staining
Photograph 12: Hydraulic fluid observed adjacent to knitting machines
q -4 3921 Sunset Ridge Road, Ste 301 LACE LASTICS TEXTILE MILL
� hart '�+ hick an Raleigh, NC 27607 606 AND 610 PINE TREE ROAD
a 919.847.4241(p) 919.847.4261(f) OXFORD, NORTH CAROLINA
Photograph 13: Process water AST observed north of the dye house
0
NIM W-
Photograph 14: Sump observed within the dye house
0 3921 Sunset Ridge Road, Ste 301 LACE LASTICS TEXTILE MILL
a haft hickman Raleigh, NC 27607 606 AND 610 PINE TREE ROAD
919.847.4241(p) 919.847.4261(f) OXFORD, NORTH CAROLINA
b
0
2
a
Photograph 15: Process chemical storage within the dye house
Ia
Photograph 16: Additional process chemical storage within the dye house
3921 Sunset Ridge Road, Ste 301 LACE LASTICS TEXTILE MILL
iaft hickman Raleigh, NC 27607 606 AND 610 PINE TREE ROAD
919.847.4241(p) 919.847.4261(f) OXFORD, NORTH CAROLINA
tax
W. l♦ r
r �.
=5=
Photograph 17: General view of trench drains within the dye house
Photograph 18: Hydraulic fluid staining observed adjacent to exterior air compressors
o 3921 Sunset Ridge Road, Ste 301 LACE LASTICS TEXTILE MILL
i'
a art hickman Raleigh, NC 27607 606 AND 610 PINE TREE ROAD
919.847.4241(p) 919.847.4261(f) OXFORD, NORTH CAROLINA
- .. •`lop
-�•, «.�,f.t��._ :! r.-r:.._ �� .e �•-_ram-: y�;;. _�. .
may, �1 �' 4 '� ^ •• -.'- • � � � �_
JMW
t .�_ _ `-��-r"{:_ . JS .tom i•}k r.. _f �_. •'�S
Photograph 19: Unnamed tributary along the northeastern Site boundary
Photograph 20: Pine Tree Road with the south adjacent property located beyond (former JFD Electronics/Channel Master facility)
o if 3921 Sunset Ridge Road, Ste 301 LACE LASTICS TEXTILE MILL
haft ON* hiCkman Raleigh, NC 27607 606 AND 610 PINE TREE ROAD
919.847.4241(p) 919.847.4261(f) OXFORD, NORTH CAROLINA
.ter � rµ - •.. -:. .�., :r '�� . :�_r--, � .. � i',� k.�•jy-.:.
+• sir �,� � .-_�`� �'`y.�
Photograph 21: West adjacent property
0 3921 Sunset Ridge Road, Ste 301 LACE LASTICS TEXTILE MILL
a haft hick an Raleigh, NC 27607 606 AND 610 PINE TREE ROAD
Q 919.847.4241(p) 919.847.4261(f) OXFORD, NORTH CAROLINA
EXHIBIT G
parkerPoe
Jan' 31, 20x9
-kxbibit G to
$ea1t3,�LOwE elds ApAlica .
�vtro�nental `�Oxfob