HomeMy WebLinkAbout23017_5501 Center Dr_EA_PRI. � PHASE I ENVIRONMENTAL
SITE ASSESSMENT
PERFORMED ON:
THE EXCHANGE
5200-5605 77 CENTER DRIVE
CHARLOTTE, NORTH CAROLINA 28217
BBG PROJECT No.: 0519000357
PREPARED FOR:
ACRC LENDER LLC, ITS SUCCESSORS,
ASSIGNS, AND AFFILIATES
C/O ARES MANAGEMENT LLC
71 SOUTH WACKER DRIVE, SUITE 3500
CHICAGO, ILLINOIS 60606
PREPARED BY:
BBG ASSESSMENTS, LLC
4615 SOUTHWEST FREEWAY, SUITE 810
HOUSTON, TEXAS 77027
DATE ISSUED: FEBRUARY 19, 2019
BBG ASSESSMENTS, LLC
February 19, 2019
ACRC Lender LLC, its successors, assigns, and affiliates
c/o Ares Management LLC
71 South Wacker Drive, Suite 3500
Chicago, Illinois 60606
RE Phase I Environmental Site Assessment of
The Exchange
5200, 5250, 5301, 5311, 5350, 5435, 5445, 5500, 5501, 5510, 5550, 5600, 5601, and 5605 77
Center Drive
Charlotte, North Carolina 28217
BBG Project No.: 0519000357
To Whom It May Concern:
BBG Assessments, LLC (BBG) has completed a Phase I Environmental Site Assessment (ESA) of the
above referenced property. The assessment was conducted in accordance with the ASTM International
(ASTM) E1527-13 Standard Practice for Environmental Site Assessments: Phase I Environmental Site
Assessment Process, any client specific scope of work provided, and generally accepted industry
standards.
This report was prepared solely for the use of ACRC Lender LLC, its successors, assigns, and affiliates
(hereinafter "Client' or "User") and any party specifically referenced in Section 2.6 of this report. No
other party shall have the right to rely on this report or the findings herein, without the prior written
consent of BBG.
Sincerely,
BBG ASSESSMENTS, LLC
DRAFT
Aaron Klenke
Director
BBG ASSESSMENTS, LLC
4615 Southwest Freeway, Suite 810, Houston, Texas 77027
Main Office: 713.942.8980 Fax: 713.942.8987
NFA — No Further Action
REC — Recognized Environmental Condition
CREC — Controlled Recognized Environmental Condition
HREC — Historical Recognized Environmental Condition
BER — Business Environmental Risk
BBG ASSESSMENTS, LLC
BBG ASSESSMENTS, LLC
4615 Southwest Freeway, Suite 810, Houston, Texas 77027
Main Office: 713.942.8980 Fax: 713.942.8987
TABLE OF CONTENTS
1.0
EXECUTIVE SUMMARY.............................................................................................................I
1.1
Property Description.....................................................................................................................1
1.2
Findings, Opinions and Conclusions............................................................................................ 2
1.3
Recommendations.........................................................................................................................3
2.0
INTRODUCTION........................................................................................................................... 5
2.1
Purpose..........................................................................................................................................5
2.2
Scope of Work.............................................................................................................................. 5
2.3
Significant Assumptions............................................................................................................... 6
2.4
Limiting Conditions...................................................................................................................... 6
2.5
Special Terms and Conditions...................................................................................................... 7
2.6
Reliance.........................................................................................................................................7
3.0
PROPERTY DESCRIPTION........................................................................................................8
3.1
Property Details............................................................................................................................
8
3.2
Utility and Service Providers........................................................................................................
8
3.3
Adjoining Properties.....................................................................................................................
8
4.0
PHYSICAL SETTING.................................................................................................................10
4.1
Topography.................................................................................................................................10
4.2
Surface Water Bodies..................................................................................................................10
4.3
Geology and Hydrology..............................................................................................................10
4.4
Minerals Exploration and Production.........................................................................................12
5.0
INTERVIEWS, RECORDS AND MUNICIPAL INFORMATION........................................13
5.1
User Provided Information..........................................................................................................13
5.2
Owners, Operators and/or Neighboring Properties.....................................................................14
5.3
Municipal/Government Agencies...............................................................................................15
6.0
ENVIRONMENTAL RECORDS................................................................................................17
6.1
Environmental Records Sources.................................................................................................17
6.2
Environmental Records Summary..............................................................................................
27
7.0
HISTORICAL USES....................................................................................................................28
7.1
Aerial Photographs......................................................................................................................
28
7.2
Fire Insurance Maps....................................................................................................................
31
7.3
Property Tax Files.......................................................................................................................
31
7.4
Recorded Land Title Records.....................................................................................................
32
7.5
Historical USGS Topographic Maps..........................................................................................
32
7.6
Local Street Directories..............................................................................................................
32
7.7
Building Department Records.....................................................................................................
35
7.8
Zoning/Land Use Records..........................................................................................................
35
7.9
Previous Assessment/Reports.....................................................................................................
35
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5200-5605 77 Center Drive
Charlotte, North Carolina 28217
7.10
Other Historical Sources.........................................................................................................
37
7.11
Data Failure.............................................................................................................................
37
7.12
Historical Use Summary.........................................................................................................
37
8.0 PROPERTY
RECONNAISSANCE AND INVESTIGATION.................................................39
8.1
Methodology and Limiting Conditions.......................................................................................
39
8.2
Visual Observations....................................................................................................................39
8.3
Visual Observations Summary....................................................................................................42
9.0 ASTM
NON -SCOPE CONSIDERATIONS...............................................................................
43
9.1
Asbestos Containing Materials (ACM).......................................................................................43
9.2
Radon..........................................................................................................................................
44
9.3
Lead -Based Paint (LBP).............................................................................................................45
9.4
Drinking Water...........................................................................................................................
45
9.5
Microbial Growth........................................................................................................................45
9.6
Flood Zone and Wetlands...........................................................................................................
46
9.7
ASTM Non -Scope Consideration Summary...............................................................................47
10.0 FINDINGS,
OPINIONS, CONCLUSIONS AND RECOMMENDATIONS ...........................48
10.1
Findings, Opinions and Conclusions.......................................................................................48
10.2
Recommendations...................................................................................................................49
11.0 DEVIATIONS AND ADDITIONAL SERVICES......................................................................51
12.0 DECLARATION OF ENVIRONMENTAL PROFESSIONAL...............................................52
13.0 DETAILED SCOPE OF WORK.................................................................................................53
Appendix 1
Property Maps and Diagrams
Appendix 2
Photographs
Appendix 3
Supporting Documentation
Appendix 4
Regulatory Database Report
Appendix 5
Historical Documentation
Appendix 6
Personnel Qualifications
The Exchange ii BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
1.0 EXECUTIVE SUMMARY
1.1 Property Description
Property Name: The Exchange
Property Address: 5200-5605 77 Center Drive 77 Center Drive
City, State Zip Code: Charlotte, North Carolina 28217
The Property consists of 18 contiguous irregular -shaped parcels of land totaling 57.863 acres
improved with 14 one, two, three, four, and five -story commercial office buildings totaling
approximately 569,359 net rentable square feet (SF). The buildings, which were constructed
between 1975 and 1997, are of steel and concrete masonry unit (CMU) frame construction with
masonry exterior walls, glass panel exterior walls and flat black and white rubber membrane
covered roofs. Building 5250 is constructed with a partial basement foundation which contains a
mechanical room. Building 5501 is constructed with a partial basement foundation which
contains occupiable space. The remaining 12 buildings are constructed on reinforced concrete
slab -on -grade foundation systems and do not contain occupiable sub -grade areas. Additional
improvements include asphalt -paved driveways and parking areas, concrete sidewalks and
landscaping. Kings Branch flows along and through the southern Property boundary. At the time
of the assessment, the Property operated as a commercial office business park.
Parcel Summary
Parcel Number
Address
Area (acres)
16906205
316 Rountree Road
1.703
16906228
520177 Center Drive
1.701
16906226
No assigned address
2.501
16906217
5201 I-77 Highway
1.125
16906227
5200 77 Center Drive
4.050
16906222
5250 77 Center Drive
4.941
16906223
5350 77 Center Drive
2.381
16911108
5402 77 Center Drive
1.475
16911107
5500/5510 77 Center Drive
2.126
16911104
No assigned address
0.402
16911103
5550 77 Center Drive
3.710
16911102
5600 77 Center Drive
4.551
16910202
5605 77 Center Drive
2.144
16910204
560177 Center Drive
3.290
16910203
550177 Center Drive
2.436
16906215
5435/5445 77 Center Drive
4.297
16906221
531177 Center Drive
4.180
16905206
295 Rountree Road
10.850
The Exchange 1 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
Total 157.863
A Property Location Map and a Property Diagram are included in Appendix 1. Photographs of
the Property are provided in Appendix 2.
1.2 Findings, Opinions and Conclusions
BBG has performed a Phase I Environmental Site Assessment in conformance with the scope and
limitations of ASTM Practice E1527 of 5200-5605 77 Center Drive 77 Center Drive, Charlotte,
North Carolina, the Property. Any exceptions to, or deletions from, this practice are described in
Section 11 of this report. This assessment has revealed no evidence of RECs in connection with
the Property except for the following:
• A portion of the Property has entered into a Brownfields Agreement with the North Carolina
Department of Environmental Quality (DEQ). The Brownfields Agreement provides
regulatory protection against future DEQ enforcement in return for implementation of Land
Use Restrictions. The Brownfields Agreement is considered a controlled recognized
environmental condition (CREC). The Property parcel under building 5501 is not included in
the Brownfields Agreement. According to a prior Limited Phase 2 Investigation, analysis of
a groundwater sample collected from a boring installed approximately 130 feet northeast and
up -gradient of the parcel was reported with dissolved trichloroethylene (TCE) at a
concentration of 49.6 ug/L. The Groundwater Quality Standard for TCE is 3.0 ug/L.
Groundwater impacted with TCE may have migrated onto this portion of the Property and is
considered a REC.
A de minimis condition is a condition that generally does not present a threat to human health or
the environment and that generally would not be the subject of an enforcement action if brought
to the attention of appropriate governmental agencies. This assessment has revealed no evidence
of de minimis conditions.
An historical recognized environmental condition (HREC) refers to an environmental condition
which would have been considered a REC in the past, but which is no longer considered a REC
based on subsequent assessment and/or remediation of any contaminants to below the most
restrictive (generally residential) cleanup target concentrations or regulatory closure with no
formal or implied restricted uses. The assessment has revealed no evidence of HRECs in
connection with the Property.
No significant data gaps were identified that would affect the ability of the environmental
professional to identify RECs at the Property.
At the request of Client, BBG conducted a preliminary evaluation for asbestos -containing
material (ACM), radon, lead -based paint (LBP), drinking water quality, mold, floodplains and
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Charlotte, North Carolina 28217
wetlands which are considered ASTM non -scope considerations. This assessment has revealed
no evidence of BERs relating to these ASTM non -scope considerations, except for the following:
• Based on analytical results ACM is present on the Property and is considered a BER. The
materials observed were in good condition.
• Based on date of construction LBP may be present on the Property; therefore, LBP is
considered a BER. The painted surfaces observed were in good condition.
1.3 Recommendations
BBG recommends the owner/operator continue compliance with the Land Use Restrictions of the
Brownfields Agreement. The owner/operator should also contact the DEQ in an attempt to add
the parcel containing the 5501 building into the Brownfields Agreement. Otherwise, a limited
subsurface investigation should be completed to determine the presence or absence of
groundwater contamination on the 5501 parcel. If groundwater impact is determined, the limited
subsurface investigation should be expanded to include sub -slab vapor testing within the
basement of the building.
ACM typically do not release measurable amounts of asbestos fibers unless the materials are
disturbed or damaged. Based on the condition of the materials observed BBG recommends that
these materials continue to be managed under the asbestos operations and maintenance (O&M)
program until such time as renovation or demolition activities necessitate their abatement, or
analytical testing proves the material to be non -ACM. The objective of the O&M program is to
implement a practical management approach to controlling ACM at the Property, by monitoring
its condition, controlling any activities that might impact the ACM, and responding promptly
should the material be damaged.
NESHAP regulations require sampling of potential ACM prior to any renovation or demolition
activities likely to disturb the material, regardless of the date of construction. If such activities
are planned, an asbestos survey of the entire facility, or the portion slated for the renovation or
demolition activities, is warranted prior to initiating these activities. No survey was conducted as
part of this assessment. The survey should be conducted by a licensed firm and should include an
assessment of all suspect ACM including those which are not normally accessible. Any material
found to be ACM should be handled in accordance with applicable regulations.
Given the good condition of the painted surfaces and the non-residential usage of the Property, no
further action or study with regard to LBP at the Property is recommended at this time. The paint
should, however, be sampled prior to any actions likely to impact the painted surfaces, such as
sanding, scraping or heat -gun removal; otherwise the paint should be assumed to be LBP. Any
proven or assumed LBP should be removed and handled in a controlled manner in accordance
with applicable regulations. State and local regulations may apply to LBP in association with
building demolition or renovation and in association with worker or occupant protection.
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5200-5605 77 Center Drive
Charlotte, North Carolina 28217
BBG recognizes that there may be various options for dealing with the conditions identified. The
options provided by BBG are not necessarily the only acceptable alternatives for dealing with a
particular concern. Factors such as planned changes to property use, planned renovations, capital
restraints or other variables may change what would be considered the most appropriate or
prudent alternative. BBG provides these options solely as guidance for further action.
The Exchange 4 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
2.0 INTRODUCTION
2.1 Purpose
The purpose of the ESA is to identify Recognized Environmental Conditions (RECs), Controlled
Recognized Environmental Conditions (CRECs) and Historical Recognized Environmental
Conditions (HRECs) and de minimis conditions as defined by ASTM E1527-13.
The term REC is defined as "the presence or likely presence of any hazardous substances or
petroleum products in, on, or at a property: (1) due to release to the environment; (2) under
conditions indicative of a release to the environment; or (3) under conditions that pose a material
threat of a future release to the environment."
The term CREC is defined as "a recognized environmental condition resulting from a past release
of hazardous substances or petroleum products that has been addressed to the satisfaction of the
applicable regulatory authority (for example, as evidenced by the issuance of a no further action
letter or equivalent, or meeting risk -based criteria established by regulatory authority), with
hazardous substances or petroleum products allowed to remain in place subject to the
implementation of required controls."
The term HREC is defined as "a past release of any hazardous substances or petroleum products
that has occurred in connection with the property and has been addressed to the satisfaction of the
applicable regulatory authority or meeting unrestricted use criteria established by a regulatory
authority, without subjecting the property to any required controls."
The term de minimis condition is defined as "a condition that generally does not present a threat
to human health or the environment and that generally would not be the subject of an enforcement
action if brought to the attention of appropriate governmental agencies. Conditions determined to
be de minimis are not RECs or CRECs."
The term Business Environmental Risk (BER) is defined as a risk which can have a material
environmental or environmentally -driven impact on the business associated with the current or
planned use of a parcel of commercial real estate, not necessarily limited to those environmental
issues required to be investigated as defined by ASTM.
2.2 Scope of Work
The ESA was conducted in accordance with ASTM E1527-13 Standard Practice for
Environmental Site Assessments: Phase I Environmental Site Assessment Process (Standard
Practice), the scope of work provided by the Client, and generally accepted industry standards,
and is designed to meet the United States Environmental Protection Agency (USEPA) Standards
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5200-5605 77 Center Drive
Charlotte, North Carolina 28217
and Practices for All Appropriate Inquiries (AAI) pursuant to 40 Code of Federal Regulations
(CFR) Part 312.
Additionally, BBG addressed certain ASTM non -scope considerations. These non -scope
considerations include asbestos -containing materials (ACM), radon, lead -based paint (LBP),
microbial growth, drinking water quality, flood zones, and wetlands.
A more detailed scope of work is provided in Section 13.
2.3 Significant Assumptions
• BBG assumes the Property has been correctly identified by the User, designated
representative of the User, property owner or operator, and/or the designated representative of
the property owner or operator.
• BBG assumes that the User, designated representative of the User, property owner or
operator, and/or the designated representative of the property owner or operator used good
faith in answering questions about and providing information for the Property.
• BBG assumes the direction of groundwater is consistent with the contours depicted on the
United States Geological Survey (USGS) topographic map covering the Property, unless
otherwise specified by actual well data for the Property or properties in the area, or BBG's
experience and knowledge of the area.
2.4 Limiting Conditions
• The scope of work completed was designed solely to meet the needs of BBG's Client. BBG
shall not be liable for any unintended usage of this report by another party. Additionally,
based on the ASTM Standard Practice, the ESA is only valid if completed within 180 days of
an acquisition or the transaction necessitating the ESA, unless updated in accordance with
terms outlined within the Standard Practice.
• No ESA can wholly eliminate uncertainty regarding the potential for RECs in connection
with a property. This ESA was designed to reduce but not eliminate uncertainty regarding
the existence of such conditions in a manner that recognizes reasonable limits of time and
cost. BBG has completed this ESA in accordance with generally accepted consulting
practices, and makes no other warranties, either expressed or implied, as to the character and
nature of such services or product.
• An ESA is intended to be a non -intrusive investigation and generally does not include
sampling or testing of air, soil, water, or building materials. No destructive testing was
completed and concealed areas, such as behind walls or within machinery, were not accessed.
Any testing, including that for ACM, LBP and radon, is designed solely to meet the needs of
The Exchange 6 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
the Client, not to meet any local, state or federal regulations and should not be utilized as
such. Any test results obtained are for the personal use of Client only and are not intended
for submittal to any regulatory agency.
• Information needed to complete the ESA is based on personal interviews, government
records, published resources, and various historical documents. Accuracy and completeness
of information varies among information sources and is often inaccurate or incomplete. An
environmental professional is not required by the ASTM Standard Practice to verify
independently the information provided but may rely on information provided unless the
environmental professional has actual knowledge that certain information is incorrect or
unless it is obvious that certain information is incorrect based on other information obtained
by or otherwise actually known to the environmental professional.
• BBG shall have no on -going obligation to obtain and include information that was not
reasonably ascertainable, practically reviewable, or provided to BBG in a reasonable
timeframe to formulate an opinion and complete the assessment by the agreed upon due date.
• An ESA includes some information that may be relevant to regulatory compliance, but is not
intended and shall not be construed as a compliance audit and cannot be considered a
verification of regulatory compliance. Depending on its past, present or future intended use,
the property under review may or may not be subject to regulation and permitting under
environmental and health and safety laws, such as, but not limited to, the Clean Air Act, the
Clean Water Act, the Solid Waste Disposal Act, the Occupational Safety and Health Act, and
other federal, state and local regulations. BBG assumes no responsibility or liability
respecting regulatory permitting or compliance issues.
2.5 Special Terms and Conditions
There are no special terms and conditions associated with this ESA.
2.6 Reliance
This investigation was conducted on behalf of and for the exclusive use of ACRC Lender LLC,
its successors, assigns, and affiliates c/o Ares Management LLC (Client). This report, and the
findings contained herein, shall not, in whole or part, be disseminated or conveyed to or used by
any other party without the prior written consent of BBG. Any unauthorized party using or
relying upon the Report shall be liable to BBG for equitable compensation and appropriate
punitive damages, and shall be responsible to reimburse BBG for and indemnify, defend and hold
BBG harmless from and against any and all costs, claims, liabilities, expenses, lost profits and
damages arising as a direct or indirect result of such unauthorized use or reliance.
The Exchange 7 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
3.0 PROPERTY DESCRIPTION
3.1 Property Details
Property Size:
Source:
Property Usage:
Number of Buildings
Date of Construction:
Source:
Building Size:
Source:
Legal Description
Tenants:
57.863 acres
Mecklenburg County Assessor
Office
14
1975, 1977, 1978, 1979, 1980, 1981, 1984, 1986, 1997
Mecklenburg County Assessor
569,359 net rentable SF
Rent Roll
The legal description is included in Appendix 3.
The Property is a multi -tenant facility. A rent -roll is included
in Appendix 3. Tenants are commercial offices.
3.2 Utility and Service Providers
Electricity:
Duke Energy
Gas:
Piedmont Natural Gas
Potable Water:
City of Charlotte
Sanitary Sewer:
City of Charlotte
Storm Water:
City of Charlotte
Solid Waste:
O'Leary Group
Landscaping:
Brightview
Pest Control:
The Pest Control Authority
3.3 Adjoining Properties
The ASTM Standard Practice defines adjoining properties as "any real property or properties the
border of which is contiguous or partially contiguous with that of the property, or that would be
contiguous or partially contiguous with that of the property but for a street, road, or other public
thoroughfare separating them." The following adjoining properties were noted.
The Exchange 8 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
North: Undeveloped land, Metrolina Regional Scholars Academy (5225 77 Center
Drive), and two multi -tenant office buildings (5233 and 5245 77 Center Drive)
East: A vacant lot (400 Minuet Lane) and a service drive followed by two multi -tenant
office buildings (415 and 417 Minuet Lane), and Keffer Pre -Owned South (1001
Tyvola Road
South: Tyvola Road, followed by North Carolina School of Advanced Bodywork (820
Tyvola Road), Elizabeth House Flowers, Inc. (712 Tyvola Road), a multi -tenant
retail center (624 Tyvola Road), a vacant restaurant building (516 Tyvola Road),
and Sonny's BBQ (440 Tyvola Road)
West: Circle K gas station (421 Tyvola Road), a multi -tenant office building (5402 77
Center Drive), undeveloped land, and Interstate 77 followed by Nations Ford
Community Church (7410 Nations Ford Road) and single-family residences
The adjoining gas station is discussed further in Section 6 Environmental Records.
The Exchange 9 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
4.0 PHYSICAL SETTING
Information regarding topography, geology and hydrology are used to evaluate the likelihood of
hazardous substances and petroleum products to migrate onto, within or from the Property. BBG
attempted to determine the general physical setting of the Property using one or more of the physical
setting sources outlined in Section 8.2.4 of the ASTM Standard Practice.
4.1 Topography
Property Elevation: Approximately 681 feet above mean sea level (MSL)
Topography: The Property is moderately sloped, with a strong gradient to the
west-southwest. The areas surrounding the Property slope to
the west-southwest and to the east-southeast.
Source: Property elevation and topography are based upon a review of
the applicable USGS topographic map. The relevant portion of
the topographic map is included in Appendix 1.
4.2 Surface Water Bodies
On -Site Water Bodies: Kings Branch flows along and through the southern Property
boundary.
Nearest Surface Water Body: The nearest off -site surface water body is a tributary of Kings
Branch located approximately 295 feet to the west.
4.3 Geology and Hydrology
Geology and Soils: According to the Geologic Map of North Carolina, 1994, the
Property is situated within the Piedmont Physiographic
Province of North Carolina. The dominant rocks in this region
are of the Late Proterozoic Era and the Middle Paleozoic Era.
Metamorphosed granitic rock form the primary layer, and are
overlain by mafic metavolcanic rock, felsic metavolcanic rock,
and metamorphic rock. The depth to bedrock is highly variable
but is generally encountered less than 50-feet below grade.
Overlying the bedrock is a thin layer of eroded and weathered -
in -place bedrock material called Saprolite. Saprolite consists of
unconsolidated silts and clays and generally reflects the
mineralogy of the underlying bedrock from which it weathered.
Alluvial sediments along streams have accumulated in recent
geologic time.
The Exchange 10 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
According to the USDA web -based soil survey of Mecklenburg
County, approximately 89 percent of the surficial soil mapped
at the Property is comprised of Cecil sandy clay loam;
approximately seven percent of the surficial soil mapped at the
Property is comprised of Enon sandy loam; and the remainder
of the surficial soil mapped at the Property is comprised of
Urban Land. The Cecil series consists of very deep, well
drained moderately permeable soils on ridges and side slopes of
the Piedmont uplands. They are deep to saprolite and very deep
to bedrock. They formed in residuum weathered from felsic,
igneous and high-grade metamorphic rocks of the Piedmont
uplands. Slopes range from 0 to 25 percent. Depth to bedrock
ranges from 6 to 10 feet or more. The Enon series consists of
very deep, well drained, slowly permeable soils on ridgetops
and side slopes in the Piedmont. They have formed in residuum
weathered from maf`ic or intermediate igneous and high-grade
metamorphic rocks such as diorite, gabbro, diabase, or
hornblende gneiss or schist. Slope ranges from 2 to 45 percent.
The solum thickness ranges from 20 to 50 inches. Depth to
bedrock is more than 60 inches. Reaction is strongly acid
through slightly acid in the upper horizons and strongly acid to
moderately alkaline in the lower horizons. Urban Land consists
of material that has been manipulated, disturbed or transported
by man's activities in the urban environment and is used as a
medium for plant growth. The physical, chemical, and
biological properties are generally less favorable as a rooting
medium than soil found on the natural landscape.
Source: USGS Geologic Map of North Carolina
USDA Web Soil Survey
Depth to Groundwater: Between 30 and 55 feet below grade
Anticipated Flow Direction: West-southwest
Basis of Flow Direction: Piezometric Surface Diagram conducted on the southwestern
portion of the Property and reported in Remedial Investigation,
November 5, 2015, by CDM Smith. Also: the USEPA Ground
Water Handbook, Vol.I Ground Water and Contamination,
September 1990, states that the water table typically conforms
to surface topography. This means the direction of flow for
shallow groundwater is generally from higher elevations to
lower elevations. Localized flow direction may vary as a result
of tide, rainfall, development, geologic characteristics, nearby
surface water bodies, underground utilities such as storm drains,
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Charlotte, North Carolina 28217
septic systems and sewers, or other influences such as the
presence of high volume wells.
4.4 Minerals Exploration and Production
Oil and Gas Wells: No oil or gas wells or oil and gas production equipment were
observed at the Property. No wells were depicted on the USGS
Topographic Map. According to the U. S. Energy Information
Administration, there are no oil or gas wells on the Property.
Pipelines: No petroleum pipelines were observed on or adjoining the
Property. No pipelines were depicted on the USGS
Topographic Map. According to the National Pipeline Mapping
System, there are no pipelines on the Property.
Mining Activities: No mining activities were observed on or adjoining the
Property. No mining activities were depicted on the USGS
Topographic Map.
The Exchange 12 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
5.0 INTERVIEWS, RECORDS AND MUNICIPAL INFORMATION
5.1 User Provided Information
User provided information is intended to help identify the possibility of RECs in connection with
the Property. According to the ASTM Standard Practice and EPA's AAI Rule, the following
items should be researched by the prospective landowner or grantee, and the results of such
inquiries may be provided to the environmental professional. The responsibility for qualifying
for Landowner Liability Protections (LLPs) by conducting the following inquiries ultimately rests
with the User, and providing the following information to the environmental professional would
be prudent if such information is available. The AAI rule does not require submission of this
information to the environmental professional.
• Recorded Land Title Records
User did not provide BBG the results of a search of recorded land title records for the purpose of
identifying environmental liens filed or recorded against the Property or activity and use
limitations (AULs) in place at the Property under federal, tribal, state or local law.
• Specialized or Actual Knowledge or Experience
User did not inform BBG of specialized knowledge of conditions indicative of releases or
threatened releases at the Property or at adjoining properties which could impact the Property.
User did not inform BBG of actual knowledge of environmental liens or AULs encumbering the
Property or in connection with the Property.
0 Significantly Lower Purchase Price
User did not provide information to BBG indicating the purchase price of the Property was below
the fair market price for a comparable property, or that any difference in price was likely the
result of the presence of hazardous substances or petroleum products.
0 Commonly Known or Reasonably Ascertainable Information
User did not inform BBG of any commonly known or reasonably ascertainable information
within the local community about the Property.
• Degree of Obviousness
User did not indicate any reason to suspect or have knowledge of the obvious presence or likely
presence of releases or threatened releases at the Property.
The Exchange 13 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
• Reason for Performing the Phase I ESA
User indicated the reason for conducting the ESA was to assist in the underwriting of a proposed
mortgage loan backed by the Property, and not to qualify for a landowner liability protection
(LLP) to CERCLA liability.
5.2 Owners, Operators and/or Neighboring Properties
Key Site Manager: Telisha Wheeler, The Dilweg Companies
Telephone/Email/Website: (704) 527-7777
Pertinent Information: Ms. Wheeler has been associated with the Property for two
years. She was not aware of any adverse environmental
conditions on the property including mold/mildew or areas of
significant water intrusion. Ms. Wheeler stated that the
Property is occupied by commercial offices and one restaurant.
She was not aware of the Property use prior to development of
the current improvements.
Property Contact/Escort: Kelsey Reside, Manager, The Dilweg Companies, LLC
Telephone/Email/Website: (919) 401-4889
Pertinent Information: Ms. Reside has been associated with the Property for two
years. She said that the Property was undeveloped land,
farmland, and chicken coups prior to the construction of the
current buildings starting in 1975 and ending in 1997. She
said that the Property is in a Brownfields agreement due to the
identified groundwater and soil contamination from an old
landfill adjoining to the southwest. Ms. Reside was not aware
of concerns relating to water infiltration or mold.
BBG requested copies of any previous environmental
assessments or ACM, LBP or radon testing. BBG was
provided with an Asbestos Survey Report on each of following
the buildings: 5301, 5311, 5435, 5445, 5500, 5510, and 5601
Seventy Seven Drive dated February 14, 2018 prepared by
Bock and Clark. She also provided BBG with an ACM
Operations and Maintenance Program for all the buildings at
the Property except for building 5350 Seventy Seven Drive.
BBG was also provided with prior Phase I ESAs for all of the
buildings written in January 3, 2018 by Bock and Clark. The
prior ESA reports included a full legal description with the
The Exchange 14 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
land use restrictions of the Brownfields Agreement.
5.3 Municipal/Government Agencies
Fire Department Contact: Mr. Simmie Ford
Department Name: Charlotte Fire Department
Telephone/Email/Website: 704-432-0612 / cfdfoiarequest@ci.charlotte.nc.us
Pertinent Information: BBG submitted a Freedom of Information Act (FOIA) request
to the Charlotte Fire Department to obtain information
pertaining to USTs, ASTs, reported incidents of hazardous
material releases, or other similar circumstances that could be
of environmental concern at the Property. BBG has not
received a response as of the date of this report. Based on the
other information obtained during this assessment, the lack of
a response is not considered significant in identifying RECs
associated with the Property.
Building Department Contact: Mecklenburg County Public Information Office
Department Name: Mecklenburg County Building Inspections
Telephone/Email/Website: 704-376-7600 / recordsrequests@mecklenburgcountync.gov
Pertinent Information: BBG submitted a FOIA request to Mecklenburg County
Building Inspections to obtain certificates of occupancy,
permits for the installation or removal of tanks, or other
similar circumstances that could be of environmental concern
at the Property. BBG has not received a response as of the
date of this report. Based on the other information obtained
during this assessment, the lack of a response is not considered
significant in identifying RECs associated with the Property.
Health Department Contact: Mecklenburg County Public Information Office
Department Name: Mecklenburg County Environmental Health Department
Telephone/Email/Website: 704-376-7600 / recordsrequests@mecklenburgcountync.gov
Pertinent Information: BBG submitted a FOIA request to the Mecklenburg County
Environmental Health Department to obtain information
pertaining to USTs, ASTs, reported incidents of hazardous
material releases, or other similar circumstances that could be
of environmental concern at the Property. BBG has not
The Exchange 15 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
received a response as of the date of this report. Based on the
other information obtained during this assessment, the lack of
a response is not considered significant in identifying RECs
associated with the Property.
Env. Department Contact: Laserfiche Database
Department Name: North Carolina Department of Environmental Quality
(NCDEQ)
Telephone/Email/Website: (877) 623-6748
Pertinent Information: BBG contacted the NCDEQ to obtain information pertaining
incidents of hazardous material releases or other similar
circumstances that could be of environmental concern at the
Property. Records regarding the assessment of a prior landfill
located on the adjoining property to the west were revealed.
Information regarding contaminants on the Property including
a Brownfields Agreement were obtained and are included in
the applicable sections of this report.
The Exchange 16 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
6.0 ENVIRONMENTAL RECORDS
BBG obtained a commercially -available regulatory records database report containing the standard
environmental record sources identified in ASTM 1527-13 as well as any additional environmental record
source determined to be: 1) reasonably ascertainable; 2) sufficiently useful, accurate and complete; and 3)
generally obtained, pursuant to local good commercial or customary practice in initial ESAs in the type of
commercial real estate transaction involved. A detailed description of the records reviewed and a listing
of all of the identified sites are provided in Appendix 4. Accuracy and completeness of record
information varies among information sources and is often inaccurate or incomplete. BBG cannot
warrant the accuracy of the information, but has made reasonable efforts to compensate for mistakes or
insufficiencies in the information reviewed that are obvious in light of other information of which BBG
has actual knowledge. BBG reviewed the environmental record sources to identify sites involved in the
storage, use, generation, disposal, or release of petroleum products and/or hazardous substance and has
evaluated the potential for releases at the Property or the migration of contaminants onto the Property
from off -site sources via soil, groundwater, or vapor.
6.1 Environmental Records Sources
ENVIRONMENTAL RECORD SOURCES
SEARCH
DISTANCE
PROPERTY
LISTED
PLOTT
Federal NPL
1.0 miles
No
0
Federal Delisted NPL
0.5 miles
No
0
Federal SEMS/CERCLIS
0.5 miles
No
0
Federal SEMS Archive/CERCLIS NFRAP
0.5 miles
No
1
Federal RCRA CORRACTS
1.0 miles
No
0
Federal RCRA TSD
0.5 miles
No
0
Federal RCRA generators
Property and
adjoining
No
3
Federal institutional/engineering controls
Property only
No
0
Federal ERNS
Property only
No
0
State and tribal -equivalent NPL
1.0 miles
No
4
State and tribal -equivalent CERCLIS
0.5 miles
No
6
State and tribal landfill and solid waste
0.5 miles
No
0
State and tribal leaking storage tanks
0.5 miles
No
29
State and tribal registered storage tanks
Property and
adjoining
No
10
State and tribal institutional/engineering controls
Property only
No
0
The Exchange 17 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
1 , , ' ,
State and tribal voluntary cleanup
SEARCH
DISTANCE
0.5 miles
1, 1 R
PROPERTY
LISTED
No
TOTAL
PLOTTED
0
State and tribal Brownfield
0.5 miles
No
5
Additional environmental record sources
Various
Yes
32
EDR exclusive records
Various
Yes
3
Anticipated Groundwater flow direction: West-southwest
The groundwater flow direction is used to determine whether sites are located up-, cross- or
down -gradient of the Property, which provides an indication of their potential to impact the
Property.
• Property
The Property was identified as an Old Landfill Inventory (OLI) site; Incident Management
Database (IMD) site; two EDR Hist Cleaner sites; and, as an EDR Hist Auto site in the regulatory
database report.
The OLI is indicated in the Orphan's Summary listing to be Old Charlotte LandfillNanguard
Center. The location address is listed as From its intersection with Tyvola Road, North on 77
Center Drive, which appears to describe the Property. No other information regarding the OLI is
included in the database summary report. BBG reviewed a Remedial Investigation prepared for
the Old Charlotte Landfill by CDM Smith dated April 22, 2015, and available through the North
Carolina Department of Environmental Quality (DEQ) online reporting database. According to
the Remedial Investigation report, the adjoining property to the southwest is the location of a
former municipal landfill which operated in the 1930s and 1940s. Analyses of soil samples,
surface water samples, and sediment samples have documented arsenic, iron, chromium, and
thallium at concentrations greater than the Preliminary Soil Remediation Goals (PSRGs) for
residential use. None of the detections exceeded the PSRGs for industrial sites. Soil gas samples
were collected from 12 borings. Ten of the borings reported soil gas measurements greater than
10% of the Lower Explosive Limit (LEL) presumably because of the presence of methane. Five
of the soil gas borings were installed within 150 feet of the Property. All five of the soil gas
samples from these borings exhibited readings greater than 10% of the LEL. BBG reviewed a
Remedial Investigation prepared for the Old Charlotte Landfill by CDM Smith dated November
5, 2015. This investigation included additional assessment of media in the OLI area with similar
results. This investigation also included Volatile Organic Compound (VOC) analysis of soil gas
samples. Analysis of a soil gas sample collected approximately 150-feet west of the 5550 parcel
reported concentrations of Vinyl Chloride, Xylenes, 1,2,4-Trimethylbezene, Ethylbenzene, 1,4-
Dichlorobenzene, Chlorobenzene, and Benzene at concentrations exceeding the Sub -slab and
Exterior Soil Gas Screening Levels published by the DEQ in September 2015. This assessment
The Exchange 18 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
included the installation of seven monitoring wells. A piezometric surface contour diagram
prepared for data recorded September 24, 2015, indicate the direction of groundwater flow to be
toward the southwest. Analyses of groundwater samples collected from wells located adjacent to
the Property line reported concentrations of Tetrachloroethene, Benzene, and Chlorobenzene,
greater than the North Carolina Groundwater Quality Standards. The vapor and groundwater
analytical results from this assessment indicate that soil gas and groundwater on the Property are
likely impacted by VOCs at concentrations greater than the applicable regulatory standards.
A prior Phase I Environmental Site Assessment for the improved portions of the Property (but not
including the 5501 parcel), prepared by EBI Consulting (EBI) was provided for review. The
report, dated August 31, 2012, reported two Recognized Environmental Conditions (RECs). The
first REC was a plant nursery (Roundtree Plantation Garden Center) approximately 500 feet east
of the Property which reported Trichloroethene (TCE) in an irrigation well on their property in
2000. EBI stated that the source of the TCE may have been a nearby State Hazardous Waste Site
(SHWS) further to the east. EBI stated that the TCE encountered in the nearby well may have
migrated to the Property. The second REC identified by EBI was the adjoining OLI site
discussed above. The EBI report stated that concentrations of PCE were detected in monitoring
wells along the western Property boundary in sampling events from 1989 to 2006. These PCE
concentrations ranged from 4.6 ug/L to 60 ug/L. The Groundwater Quality Standard for PCE is
0.7 ug/L. The EBI report stated that vapor testing for methane near Property buildings closest to
the former landfill in 2006 did not identify conditions of concern. EBI recommended a Phase II
Limited Subsurface Investigation to test soil, groundwater, and soil gas across the Property.
A prior Phase II Limited Subsurface Investigation report prepared by EBI was provided for
review. The report is dated October 5, 2012. The Phase II Limited Subsurface Investigation,
performed by EBI consisted of the advancement of seventeen soil borings to collect soil and
groundwater samples. Groundwater samples were obtained from nine temporary monitoring
wells and analyzed for Volatile Organic Compounds (VOCs) and 13 Priority Pollutant Metals.
Eight soil vapor sampling points were installed with soil vapor samples collected and analyzed
for the presence of VOCs. The analytical results of the groundwater samples indicated that
concentrations of VOCs were reported below the Inactive Hazardous Site Branch (IHSB)
Groundwater Quality Standards with the exception of PCE in a groundwater sample collected
from a boring advanced along the western border of the Property between buildings 5200 and
5250 (reported concentration 2.3 ug/L), and TCE in a groundwater sample collected from a
boring advanced at the east corner of the 5445 parcel (reported concentration 49.6 ug/L). EBI
attributed the sources of dissolved VOCs to offsite sources. Numerous inorganic parameters were
detected at concentrations exceeding the Groundwater Quality Standards; however, EBI states
that the groundwater samples collected from temporary wells were very turbid which results in
high concentrations of metals in analytical results. Furthermore, the DEQ does not accept the
results of filtered samples. BBG does not consider the EBI metals analyses to be representative
of groundwater conditions. The analytical results of the soil gas samples indicated concentrations
of benzene, chloroform, 1,2,4-trimethylbenzene and PCE above the IHSB Residential Vapor
Intrusion Acceptable Soil Gas Concentrations. However, all of the soil vapor concentrations
The Exchange 19 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
detected were below the site applicable Industrial/Commercial Vapor Intrusion Acceptable Soil
Gas Concentration. Based on the commercial use of the Property, a potential soil vapor risk was
not identified by EBI. EBI conducted a methane gas screening survey at the Property on October
5, 2012. The screening included the first -floor levels of buildings 5200, 5250, 5350, 5500 and
5550. The results of the screening indicated concentrations of methane at 0% lower explosive
limit (LEL) in each of the five buildings. EBI recommended no further investigations at the
Property.
While researching the OLI, BBG encountered regulatory documents for the 77 Center.
According to the available regulatory documents, the Property has entered into a Brownfields
Agreement (BFA) with the DEQ dated September 1, 2016. It is not clear why the Brownfields
does not appear in the EDR database summary report. According to the BFA, 17 parcels
belonging to the Property are included in the BFA. The parcel located at the 5501 building is not
included in the BFA. The BFA states that groundwater below the Property is contaminated with
chlorinated solvents at concentrations above the applicable limits. The contaminants are believed
to have off -site sources, one of them being the adjacent closed landfill. Low methane
concentrations less than eight percent of the methane LEL (Lower Explosive Limit) have been
reported in two groundwater monitoring wells adjacent to the closed landfill, and soil vapor
sampling adjacent to Property buildings closest to the closed landfill have not reported methane
concentrations above the laboratory method reporting limits. The reported chlorinated solvents
were below screening levels for vapor intrusion for commercial/industrial uses, based on risk
assessments guidelines currently in place. Historical groundwater quality data near the off -site
source area shows all compounds have decreased in concentration from 1989 through 2012.
The Brownfields agreement states that the most recent environmental sampling at the Property
occurred in July 2015. The following table summarizes: contaminants present at the Property
above applicable standards or screening levels; the concentration found at each sample location;
and, the applicable standard or screening level. Groundwater contaminants in micrograms per
liter (µg/L the equivalent of parts per billion), the standards for which are contained in Title 15A
of the North Carolina Administrative Code, Subchapter 2L, Rule .0202(2L), (April 2013 version);
or the 2L Groundwater Interim Maximum Allowable Concentration (IMACs), (April 2013
version):
Concentration
Groundwater
Sample
Date of
Exceeding
Standard (µg/L)
Contaminant
Location
Sampling
Standard (µg/L)
Tetrachloroethene
W-5/13-5
9/26/2012
2.3
0.7
Trichloroethene
W-8/B-8
9/26/2012
49.6
3.0
p-Cymene
MW-1
3/17/1998
310
25.0
1,41-
MW-1
3/17/1998
18
6.0
Dichlorobenzene
1,4-
MW-2
3/17/1998
23
6.0
Dichlorobenzene
The Exchange 20 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
Tetrachloroethene
MW-4
3/17/1998
60
0.7
Tetrachloroethene
MW-8
3/17/1998
6.0
0.7
Trichloroethene
MW-8
3/17/1998
39
3.0
Cis-1,2-
MW-8
3/17/1998
170
70.0
Dichloroethene
1,1-
MW-8
3/17/1998
9
6.0
Dichloroethene
1,2
MW-8
3/17/1998
12
6.0
Dichloropropane
1,4,-
MW-8
3/17/1998
7
6.0
Dichlorobenzene
Vinyl chloride
MW-8
3/17/1998
22
0.03
1,4,-
MW-9
3/17/1998
25
6.0
Dichlorobenzene
Soil contaminant levels were not above the Preliminary Health -Based Remedial Goals of the
Inactive Hazardous Sites Branch. The BFA includes the following land use restrictions:
• No use may be made of the Brownfields Property other than for Commercial, Office,
Hotel, Restaurant and associated parking without prior written permission of DEQ.
• 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 the use of the Brownfields property during construction or redevelopment in
any other form.
• Groundwater at the Brownfields property may not be used for any purpose without the
prior written approval of DEQ.
• No new Building or building addition to that shown on the plat component of the Notice
of Brownfields Property referenced in Paragraph 18 of the Brownfields Agreement
attached as Exhibit A (New Construction) may be constructed on the Brownfield property
until DEQ determines in writing, based on submittals from the building's proponent, that
the building users, and public health and the environment, would not be at risk from the
volatile contaminant plume on or migrating to the Brownfields property.
• None of the contaminants known to be present in the environmental media at the
Brownfields property as described in Paragraph 7 of the Brownfields Agreement attached
as Exhibit A, as modified by DEQ in writing based on discovery of any new
contaminants in excess of applicable standards at the time, may be used or stored at the
Brownfields property without the prior written approval of DEQ, except:
o In de minimis amounts for cleaning and other routine housekeeping activities.
The Exchange 21 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
o As constituents of fuels, lubricants and oils in emergency generators, machinery,
equipment and vehicles on -board tanks integral to said equipment or in
flammable liquid storage containers totaling no more than 25 gallons.
o As constituents of products and materials customarily used and stored in
Commercial, Office, Parking, Hotel, Restaurant or associated parking
environments, provided such products and materials are used, stored and
disposed in accordance with applicable laws and regulations.
• The Brownfields property may not be used for agriculture or grazing, without the prior
written approval of DEQ.
• The Brownfields property may not be used as a playground, or for child care centers or
schools, other than post -secondary schools without the prior written approval of DEQ.
• The owner of any portion of the Brownfields property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by such 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. 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.
• Any deed or other instrument conveying an interest in the Brownfields property shall
contain the following notice, with all the blanks filled in: "The Brownfields property
which is the subject of this instrument is subject to the Brownfields Agreement attached
as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County
land records, Book 59, Page 841." A copy of any such instrument shall be sent to the
persons listed in Section XVI (Notices and Submissions) of the Brownfields Agreement
attached as Exhibit A, though financial figures related to the conveyance may be
redacted. If DEQ issues prior written approval, an owner may use the following
mechanisms to comply with the obligations of this paragraph, subject to the terms and
conditions that DEQ may establish in such approval: 1) If every lease and/or rider is
identical in form, the owner 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, rather than full copies of said leases, to the persons listed in Section XVI.
• During January of each year after the year in which the Notice referenced below in
Paragraph 18 of the Brownfields Agreement attached as Exhibit A is recorded, the owner
or any part of the Brownfields property as of January 1 st 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
1 st, 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 compiled with, and stating:
The Exchange 22 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
• The name, mailing address, telephone and facsimile numbers and contact persons email
address of the owner (or board, association or approved entity) submitting the LURU if
said owner (or each of the owners on whose behalf a joint LURU is submitted) acquired
any part of the Brownfields property in fee during the previous calendar year, and:
• The transferee's name, mailing address, telephone and facsimile numbers and contact
persons email address, if said owner (or each of the owners on whose behalf a joint
LURU is submitted) transferred any part of the Brownfields property in fee during the
previous calendar year.
A copy of the 2018 LURU certification letter was observed in the DEQ files.
The Brownfield Agreement is considered a Controlled Recognized Environmental Condition
(CREC), as defined by ASTM 1527-13.
The parcel containing building 5501 does not appear to be included in the BFA. Based on the
Phase II Limited Subsurface Investigation results of TCE in groundwater in a groundwater
sample collected immediately northeast and up -gradient of the parcel, TCE may have migrated
onto the 5501 parcel. The offsite documented dissolved TCE immediately up -gradient of this
parcel is considered a REC associated with the Property.
Vanguard Cleaners at building 5445, suite 81 was identified as a Dry Cleaners for the year 1994.
Vanguard Sundries Cleaners at building 5601, suite 135 was identified as a Dry cleaning facility
for the years 1998 through 2002. Meineke Discount Mufflers Brakes at building 5600 was
identified as an Automobile Repairing Service for the year 1991. These dry cleaning and auto
repair listings are likely for the main offices associated with those companies. No dry cleaning or
auto repair facilities were observed or reported during the site reconnaissance. Furthermore,
BBG reviewed boiler registrations at the Department of Labor and found no registrations for dry
cleaners on the Property.
• Federal SEMS Archive/CERCLIS NFRAP Sites
The Superfund Enterprise Management System Archive (SEMS — Archive) tracks sites that have
no further interest under the Federal Superfund Program based on available information. The list
was formerly known as the Comprehensive Environmental Response, Compensation and
Liability Information System — No Further Remedial Action Planned (CERCLIS-NFRAP) and
was renamed SEMS Archive by the EPA in 2015. This decision does not necessarily mean that
there is no hazard associated with a given site; it only means that, based upon available
information, the location is not judged to be a potential NPL site. One SEMS Archive site was
identified. The site is located in excess of 2,100 feet of the Property and situated cross -gradient
Based on distance and gradient, this site does not represent a REC in connection with the
Property.
The Exchange 23 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
• Federal RCRA Generator Facilities
The Resource Conservation and Recovery Act (RCRA) generator database includes selective
information on sites which generate, transport, store, treat and/or dispose of hazardous waste as
defined by RCRA. While ASTM only requires reviewing the RCRA generator database for the
Property and adjoining properties, the database search looked at a wider radius to cover mapping
errors. Three generator facilities were identified. RCRA generator facilities located beyond the
Property and adjoining properties are generally not considered RECs. BBG reviewed the
identified sites and determined that none of the identified sites is an adjoining property; therefore,
none of the identified sites is considered a REC in connection with the Property.
State and Tribal -equivalent NPL Sites
Many states maintain their equivalent of the Federal National Priorities List (NPL), which
contains a list of sites the state has prioritized for remediation. Four state -equivalent NPL sites
were identified. The sites are located in excess of 1,500 feet and are situated cross -gradient.
Based on distance and gradient, these sites do not represent a REC in connection with the
Property.
0 State and Tribal -equivalent CERCLIS Sites
Many states maintain their equivalent of the Federal Comprehensive Environmental, Response,
Compensation and Liability Information System (CERCLIS), which contains the state's list of
known or suspected hazardous waste sites. Six state -equivalent CERCLIS sites were identified.
The closest SHWS site, identified as Roundtree Plantation Garden, at 517 Roundtree Road, is
located approximately 1,000 feet (adjusted using Google Earth) to the northeast and up -gradient
of the Property. The facility is cross-referenced in the IMD database. The SHWS database
identifies the facility as EPA ID NONCD0002423. The IMD database identifies the facility as
Facility ID 22195. The database indicates that groundwater contamination of tetrachloroethylene
(TCE) was reported on May 5, 2000. BBG reviewed DEQ regulatory files online for the facility.
Groundwater analytical information from several sample events indicates that an irrigation well at
this facility has documented TCE at a maximum concentration of 41 ug/L. The source of the
TCE has not been identified. As indicated by EBI, the source of the TCE identified in the
irrigation well may also be a source of the TCE on the Property.
The remaining five SHWS sites are located in excess of 1,100 feet and are situated either cross or
down -gradient. Based on distance and gradient, these sites do not represent a REC in connection
with the Property.
The Exchange 24 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
State and Local Leaking Storage Tank Sites
Nineteen leaking underground storage tank (LUST) and four leaking aboveground storage tank
(LAST) sites were identified.
The closest LUST, UST, LUST TRUST site is identified as Concrete Supply Co at 400 Minuet
Lane is listed in EDR as being 230 feet from the Property; however, based on visual observation
it is adjacent to the southeast and cross -gradient of the Property. This site is also listed in the
IMD database. Two 8,000-gallon diesel USTs that were installed in 1965 were subsequently
removed on December 30, 1989. During the removal of these USTs contaminated soil was
discovered. This incident was closed out in 1993 and a viable responsible party has been
identified; therefore, the probability that the security holder of the Property would be financially
responsible from a potential off -site release from these sites is likely limited. Given the
regulatory status and gradient position a file review is not warranted. This is not considered a
REC to the Property.
Circle K 2723928, at 421 Tyvola Road, adjoins the Property to the west and is situated down -
gradient. This site had a release of petroleum from a UST on March 22, 2007. According to the
database summary report, soil was cleaned up to unrestricted use and groundwater was not
impacted. Based on the lack of groundwater contamination and topographic position, this facility
is not considered a REC associated with the Property.
The next closest LUST site, identified as Scott Jaguar, at 400 Tyvola Road, is located
approximately 415 feet to the southwest and is situated down -gradient. This site had a release of
petroleum from a UST on December 5, 1997, which resulted in soil only contamination. Clean-
up activities were initiated immediately, and the incident achieved regulatory closure on
December 16, 2002. This site is also cross -listed on the UST and RCRA NonGen / NLR
databases. Based on the lack of groundwater contamination and topographic position, this facility
is not considered a REC associated with the Property.
The remaining sites are located in excess of 0.10 mile from the Property and are situated cross or
down -gradient. For these reasons, they are not considered RECs in connection with the Property.
• State and Local Registered Storage Tank Facilities
While ASTM only requires reviewing the registered storage tank database for the Property and
adjoining properties, the database search looked at a wider radius to cover mapping errors. Ten
registered underground storage tank (UST) sites were identified. Registered storage tanks not on
or adjoining the Property are not considered to represent a REC in connection with the Property.
BBG reviewed the identified sites and determined that three of the sites are adjoining properties.
The closest UST site, identified as Goodyear Automotive Tech Training at Highland PK Comm
Ctr Tyvola Road, adjoins the Property to the southeast, and is up -gradient. This site formerly
The Exchange 25 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
maintained one 500-gallon Oil, New/Used/Mix UST that was installed on January 1, 1985 and
removed on May 31, 1995. No releases were reported from this site. Based on the lack of a
reported release, the adjoining Goodyear Automotive Tech Training site is not considered to be a
REC associated with the Property.
Concrete Supply Company, at 400 Minuet Lane, adjoins the Property to the east and is situated
cross -gradient. This site formerly maintained two 8,000-gallon diesel USTs, which were installed
on March 8, 1965 and removed on December 30, 1989. This site had a release, which is further
discussed above, and is cross -listed on the LUST, IMD, and LUST TRUST databases.
The remaining adjacent UST site, identified as Circle K 2723928, at 421 Tyvola Road, adjoins
the Property to the west and is situated down -gradient. This site currently maintains one 20,000-
gallon gasoline UST, one 8,000-gallon gasoline UST, and one 3,000-gallon diesel UST, which
were installed on June 1, 1994. This site had a release, which is further discussed above, and is
cross -listed on the LUST and Financial Assurance databases.
• Additional Environmental Databases
Twenty-seven Incident Management Database (IMD) sites were identified within one-half mile of
the Property. Two listings are associated with the Property; and one is associated with a LUST
incident on an adjoining Property.
The next closest IMD site, identified as Spectrum Properties at 5255 Plymouth Street, is
approximately 310 feet to the northeast of the Property and situated up -gradient. This site had a
release from a septic tank on March 13, 1991 causing groundwater contamination. Septic spills
are considered naturally correcting and is not considered a REC associated with the Property. The
remaining sites are located in excess of 0.10 mile from the Property and are situated cross or
down -gradient. For these reasons, they are not considered RECs in connection with the Property.
Five Resource Conservation and Recovery Act non -generator (RCRA-NonGen) sites were
identified in the Other Ascertainable Records reviewed. RCRA-NonGen sites are facilities that
no longer generate hazardous wastes. BBG reviewed the identified RCRA-NonGen sites and
determined the sites are not located adjacent to the Property; therefore, the RCRA non -generator
sites are not considered a REC in connection with the Property.
Six Leaking Underground Storage Tank Trust Fund Sites were identified within one-half mile of
the Property. These sites are discussed further in the Leaking Storage Tanks section.
• EDR Exclusive Records
EDR has searched selected national collections of business directories and has collected listings
of potential gas station/filling station/service station. The categories reviewed included, but were
not limited to gas, gas station, gasoline station, filling station, auto, automobile repair, auto
The Exchange 26 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
service station, service station, etc. The Property was identified as an Historical Auto Stations
(HAS) site and is discussed further above.
EDR has searched selected national collections of business directories and has collected listings
of potential dry cleaning establishments. The categories reviewed included, but were not limited
to dry cleaners, cleaners, laundry, Laundromat, cleaning/laundry, wash & dry, etc. The Property
was identified twice as an Historical Cleaners and is discussed further above.
• Unplottable Sites
The environmental records search sometimes includes a list of "unplottable" or "orphan" sites
which may or may not be located within the minimum search distances. Four sites were listed.
Based on locations, compliance status and/or the nature of the listings, three of these sites are not
believed to be a REC in connection with the Property. BBG identified one OLI site in the
unplottable sites list that was associated with the Property. This site was discussed in the
appropriate section above.
6.2 Environmental Records Summary
A portion of the Property has entered into a Brownfields Agreement with the DEQ. The
Brownfields Agreement provides regulatory protection against future DEQ enforcement in return
for implementation of Land Use Restrictions. The Brownfields Agreement is considered a
CREC. The Property parcel under building 5501 is not included in the Brownfields Agreement.
According to a prior Limited Phase 2 Investigation, analysis of a groundwater sample collected
from a boring installed approximately 130 feet northeast and up -gradient of the parcel was
reported with dissolved TCE at a concentration of 49.6 ug/L. The Groundwater Quality Standard
for TCE is 3.0 ug/L. Groundwater impacted with TCE may have migrated onto this portion of
the Property and is considered a REC.
The Exchange 27 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
7.0 HISTORICAL USES
BBG attempted to develop a history of the previous uses of the Property and surrounding area in order to
help identify the likelihood of past uses having led to RECs in connection with the Property. Efforts were
made to identify the uses of the Property back to the Property's first use, or back to 1940, whichever is
earlier. BBG relied upon the standard historical sources listed in Section 8.3.4 of the ASTM Standard
Practice. Only the sources deemed both reasonably ascertainable and likely to be useful were used.
7.1 Aerial Photographs
Aerial photographs, which are of a sufficient resolution to allow identification of development
and activities of areas encompassing the Property, can be used in documenting the historical
usage of a property. BBG reviewed the following aerial photographs as provided by EDR, Inc.,
which are included in Appendix 5.
Date: 1938
Property: Appears to consist of a mixture of residential, agricultural land
with areas of undeveloped woodland visible in the southern and
western portions. What appear to be two single-family
residences are visible in the central portion of the Property.
Adjoining Properties: North: What appear to be single-family residences and a
roadway, followed by undeveloped land and single-
family residences
East: Agricultural land, a roadway, and undeveloped land
followed by what appear to be single-family
residences
South: Undeveloped land and agricultural land followed by
what appear to be single-family residences
West: Undeveloped land followed by what appear to be
single-family residences
The Exchange 28 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
Date: 1943, 1948, 1956
Property: Appears to consist primarily of agricultural land with areas of
undeveloped woodland visible in the southern and western
portions. What appear to be two single-family residences are
visible in the central portion of the Property. What appears to
be a driveway is visible in the northernmost portion of the
Property.
Adjoining Properties: North: What appear to be single-family residences and a
roadway, followed by undeveloped land and single-
family residences
East: Agricultural land, a roadway, and undeveloped land
followed by what appear to be single-family
residences
South: Undeveloped land and agricultural land followed by
what appear to be single-family residences
West: Undeveloped land and agricultural land followed by
what appear to be single-family residences
Date: 1965, 1968
Property: The Property appears to be developed with a single-family
residence in the northwestern portion; and developed with a
landfill in the central -northeastern portion.
Adjoining Properties: North: What appear to be single-family residences and a
roadway, followed by undeveloped land and single-
family residences
East: What appear to be single-family residences, a
commercial building and a roadway, beyond which
is undeveloped land and what appear to be single-
family residences
South: Undeveloped land
West: Undeveloped land and Interstate 77 followed by
what appear to single-family residences
The Exchange 29 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
Date: 1975
Property: The majority of the Property appears to consist of graded land.
Buildings 5435 and 5445 are visible in the eastern portion of the
Property.
Adjoining Properties: North: What appear to be two commercial buildings, single-
family residences and undeveloped land
East: A roadway followed by what appear to be
commercial buildings and undeveloped land
South: A roadway followed by undeveloped land
West: Undeveloped land and Interstate 77 followed by
what appear to single-family residences
Date: 1983
Property: The western portion of the Property appears to consist of graded
land. Buildings 5435, 5445, 5301, 5311, 55501, 5601, 5500,
5510, 5600, and 5550 are visible in the center -eastern portions
of the Property.
Adjoining Properties: North: What appear to be three commercial buildings,
undeveloped land and what appear to be single-
family residences
East: A roadway followed by what appear to be
commercial buildings and undeveloped land
South: A roadway followed by what appear to be
commercial buildings
West: Undeveloped land and Interstate 77 followed by
what appear to single-family residences and a church
building
Date: 1988, 1993, 1996
Property: The center -western portion of the Property appears to consist of
graded land. Buildings 5435, 5445, 5301, 5311, 55501, 5601,
5500, 5510, 5600, 55505250, 5200, and 5605 are visible in the
center -eastern and northwestern portions of the Property.
Adjoining Properties: North: What appear to be three commercial buildings,
undeveloped land and what appear to be single-
family residences
The Exchange 30 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
Date:
Property:
Adjoining Properties:
7.2 Fire Insurance Maps
East: A roadway followed by what appear to be
commercial buildings and undeveloped land
South: A roadway followed by what appear to be
commercial buildings
West: Undeveloped land and Interstate 77 followed by
what appear to single-family residences and a church
building. What appears to be the current adjoining
gas station is visible in the aerial photograph dated
1996.
2006, 2009, 2012, 2016
Appears to be developed with the current improvements
North: What appear to be several commercial buildings and
East: A roadway followed by what appear to be
commercial buildings and undeveloped land
South: A roadway followed by what appear to be
commercial buildings
West: Undeveloped land, and what appears to be a gas
station, and Interstate 77 followed by what appear to
single-family residences and a church building.
Historically maps were produced which showed the location and use of structures on a property at
a given point in time. These maps were widely available for areas that were significantly
developed during the late 1800s through the 1950s, though coverage exists for some areas
through the 1990s. BBG attempted to obtain historical maps from EDR, Inc. covering the
Property. No historical Sanborn maps were identified. The "no coverage" notification is
included in Appendix 5.
7.3 Property Tax Files
Tax files are files kept for property tax purposes by the local jurisdiction where the property is
located and may include records of past ownership, appraisals, maps, sketches, and photographs.
BBG reviewed the property tax files for the Property available on line from the Mecklenburg
County Tax Assessor's Office. The website included general property information such as
property size, building size and date of construction, which has been incorporated into the
The Exchange 31 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
applicable sections on this report. No significant historical use information was provided. No
indications of environmental concern were noted.
7.4 Recorded Land Title Records
Land title records are records of historical fee ownership, which may include leases, land
contracts and AULs on or of the property recorded in the place where land title records are, by
law or custom, recorded for the local jurisdiction in which the property is located, often such
records are kept by a municipal or county recorder or clerk. Such records may be obtained from
title companies or directly from the local government agency. A chain -of -title was not provided
to BBG for review.
7.5 Historical USGS Topographic Maps
Historical topographic maps can indicate whether an area is undeveloped, lightly developed or
heavily developed. They can also indicate if roads, railroad tracks, quarrying operations or water
bodies were previously or near a property. No historical topographic maps were reviewed as part
of this assessment due to the sufficient prior use history obtained through the other standard
historical sources.
7.6 Local Street Directories
Local street directories identify the name of the individual or company located at a given address.
Local street directories were available at the Mecklenburg County Main Library. The following
local street directories were reviewed:
Date: 1991
Title: Polks
Property: No listings for Center Drive
Adjoining Properties: North: No Listings
South: No Listings
East: No Listings
West: No Listings
The Exchange 32 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
Date: 1994
Title: Polks
Property: No listings for Center Drive
Adjoining Properties: North: 400 Rountree — No Listings
South: 400 Minuet — Concrete Supply, Tyvola Road, beyond
which is 726 Tyvola - Golf Tree; 712 Tyvola — Wells Fargo;
624 Tyvola - Multi -tenanted retail; 516 Tyvola — Restaurant
East: 400 Rountree — No listings; 5225 77 Center Drive —
School; 5120 Plymouth Street - Multi -tenanted office; 5215
Plymouth — Wire Bond; 415 Minuet — Multi -tenanted office
West: 421 Tyvola - Circle K, Interstate 77, beyond which are
residential addresses
Date: 1999
Title: Polks
Property: The Property is depicted as a multi -tenanted commercial office
complex
Adjoining Properties: North: 400 Rountree — American Masons
South: 400 Minuet — Concrete Supply, Tyvola Road, beyond
which is 726 Tyvola - Golf Tree; 712 Tyvola — Wells Fargo;
624 Tyvola - Multi -tenanted retail; 516 Tyvola — Restaurant
East: 400 Rountree — No listings; 5225 77 Center Drive —
School; 5120 Plymouth Street - Multi -tenanted office; 5215
Plymouth — Wire Bond; 415 Minuet — Multi -tenanted office
West: 421 Tyvola - Circle K, Interstate 77, beyond which are
residential addresses
The Exchange 33 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
Date: 2005
Title: Polks
Property: The Property is depicted as a multi -tenanted commercial office
complex
Adjoining Properties: North: 400 Rountree — No Listings
South: 400 Minuet — Concrete Supply, Tyvola Road, beyond
which is 726 Tyvola - Golf Tree; 712 Tyvola — Wells Fargo;
624 Tyvola - Multi -tenanted retail; 516 Tyvola — Restaurant
East: 400 Rountree — No listings; 5225 77 Center Drive —
School; 5120 Plymouth Street - Multi -tenanted office; 5215
Plymouth — Wire Bond; 415 Minuet — Multi -tenanted office
West: 421 Tyvola - Circle K, Interstate 77, beyond which are
residential addresses
Date: 2010
Title: Polks
Property: The Property is depicted as a multi -tenanted commercial office
complex
Adjoining Properties: North: 400 Rountree — No Listings
South: 400 Minuet — Concrete Supply, Tyvola Road, beyond
which is 726 Tyvola - Golf Tree; 712 Tyvola — Wells Fargo;
624 Tyvola - Multi -tenanted retail; 516 Tyvola — Restaurant
East: 400 Rountree — No listings; 5225 77 Center Drive —
School; 5120 Plymouth Street - Multi -tenanted office; 5215
Plymouth — Wire Bond; 415 Minuet — Multi -tenanted office
West: 421 Tyvola - Circle K, Interstate 77, beyond which are
residential addresses
The Exchange 34 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
Date: 2014
Title: Polks
Property: The Property is depicted as a multi -tenanted commercial office
complex
Adjoining Properties: North: 400 Rountree — No Listings
South: 400 Minuet — Concrete Supply, Tyvola Road, beyond
which is 726 Tyvola - Golf Tree; 712 Tyvola — Wells Fargo;
624 Tyvola - Multi -tenanted retail; 516 Tyvola — Restaurant
East: 400 Rountree — No listings; 5225 77 Center Drive —
School; 5120 Plymouth Street - Multi -tenanted office; 5215
Plymouth — Wire Bond; 415 Minuet — Multi -tenanted office
West: 421 Tyvola - Circle K, Interstate 77, beyond which are
residential addresses
7.7 Building Department Records
Building department records generally consist of local government records indicating permission
of the local government to construct, alter, or demolish improvements on the property. Often
building department records are located in the building department of a municipality or county.
BBG submitted a FOIA request to the Mecklenburg County Inspections Department for
information relating to the Property. BBG has not received a response to our request as of the
date of this report. The lack of a response is not considered a significant concern due to the
sufficient prior use history obtained through the other standard historical sources.
7.8 Zoning/Land Use Records
Zoning or land use records generally consist of local government records indicating the uses
permitted by the local government in particular zones within its jurisdiction. The records may
consist of maps and/or written records. The records are often located in the planning department
of a municipality or county. BBG reviewed zoning/land use records for the Property online from
the Mecklenburg County GIS Website. Based on these records, the Property is zoned 0-2 (Office
District).
7.9 Previous Assessment/Reports
BBG reviewed the reports listed below. Pertinent information from the reports is summarized
below.
The Exchange 35 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
Title: Phase I Environmental Site Assessment of Vanguard, 5200,
5250, 5350, 5500, 5510, 5550, 5600, 5605, 5601, 5500, 5445,
5435, 5301, 5311 Seventy -Seven Center Drive, Charlotte, NC
28217 (Ten separate reports)
Prepared by: Bock & Clark
Date: January 3 and 4, 2018
Pertinent Information: According to the report, the Property is located within an area
with groundwater contamination due to a former nearby
landfill. Further discussion of the former landfills impacts at
the Property are further discussed in section 6.3.4 of this report.
B&C was provided with a copy of the Brownfields Agreement
for Seventy -Seven Center Drive. The Agreement dated
September 1, 2016 identifies the Brownfield as Brownfields
Project Number 16048-12-60 and indicates that the Property is
a contaminated property. The agreement includes land use
restrictions.
The Brownfields Agreement constituted a Controlled
Recognized Environmental Conditions (CRECs), as defined by
ASTM 1527-13. Bock and Clark recommended continued
compliance with the LURU's.
Title: Phase I Environmental Site Assessment of Vanguard Center,
5501 Seventy -Seven Center Drive, Charlotte, NC 28217
Prepared by: Bock & Clark
Date: March 21, 2018
Pertinent Information: B&C did not identify activities at the Property or at neighboring
properties (potential offsite sources) that would indicate a
significant potential for RECs, based on the information
contained in the databases reviewed, the research conducted
and/or the site reconnaissance completed.
No Historical Recognized Environmental Conditions (HRECs)
or Controlled Recognized Environmental Conditions (CRECs),
as defined by ASTM 1527-13, were found to be associated with
the Property. B&C recommended no additional work.
The Exchange 36 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
7.10 Other Historical Sources
Other historical sources include sources that are credible to a reasonable person and that identify
past uses of the Property. This category includes, but is not limited to: miscellaneous maps,
newspaper archives, internet sites, community organizations, local libraries, historical societies,
current owners or occupants of neighboring properties, or records in the files and/or personal
knowledge of the property owner and/or occupants. BBG did not review other historical sources
for the Property based on prior use history obtained through the other standard historical sources.
7.11 Data Failure
Based on the information above, it is BBG's opinion that the following data failures, as defined in
Section 8.3.2.3 of the ASTM guidelines, have occurred in attempting to document the historical
uses of the Property:
• While BBG was able to document the historical uses of the Property back prior to 1940, the
Property was already developed at the earliest documented source. Given that the prior use
was residential and agricultural, this data failure is not considered a significant data gap.
0 Some of the intervals between documented sources exceeded five years; however, based on
the similar usage during the periods documented, this data failure is not considered a
significant data gap.
Neither of the data failures affected the ability of the Environmental Professionals involved in this
assessment to identify RECs in connection with the Property; therefore, they are not considered
significant data gaps.
7.12 Historical Use Summary
The Property was primarily widely spaced residential separated by a combination of agricultural
land and undeveloped land from at least 1938 until the early 1970s when construction of the
office park began with buildings 5335 and 5345 in 1975. From approximately 1965 until the
early 1970s, the central portion of the Property was developed with nine large rectangular
buildings which appear to be chicken coops. Commercial development of the Property continued
through 1997 with construction of the remaining 12 office buildings. Since 1975, the Property
use has been commercial office. A high tension power line corridor crossing the north end of the
Property was constructed prior to 1938.
The surrounding properties consisted of undeveloped land, agricultural land, and single-family
residences from at least 1938 until the 1960s when the concrete plant began operation southeast
of the Property. The city dump, located on the adjoining southwest property, appears to have
ended operations by 1938. A railroad was constructed east of the Property in the 1950s.
Interstate 77 was constructed west of the Property in the 1960's. Commercial development began
The Exchange 37 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
to the east in the 1960s. Commercial development east and south of the Property continued into
the 1990's. Most of these areas have been completely developed by 2019. Undeveloped land
persists north of the Property.
The Property and surrounding area have a history of agricultural usage. A wide variety of
pesticides may have been used during this period and residual levels of these materials may still
be present. No information was obtained indicating evidence of improper storage, disposal or
application of these materials and a review of available aerial photographs did not show
improvements such as hangars, runways or large barns that would indicate significant storage,
formulation and handling of these materials. Based on the lack of information indicating
improper use of these chemicals, the redevelopment of the Property, the presence of the buildings
and pavement covering the majority of the Property and the fact the Property is served by a
municipal drinking water supply, BBG does not consider the historical agricultural usage a REC.
The Exchange 38 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
8.0 PROPERTY RECONNAISSANCE AND INVESTIGATION
8.1 Methodology and Limiting Conditions
Assessor:
Steven Irminger, P.E.
The Assessor's qualifications are included in Appendix 6.
Date of Reconnaissance:
February 8, 2019
Weather Conditions:
Clear with temperatures around 55 degrees Fahrenheit
Property Escort:
Kelsey Reside, Manager, The Dilweg Companies, LLC
Derek Byam, Maintenance Technician, The Dilweg
Companies
Methodology:
The property reconnaissance consisted of visual observations
of the Property and improvements, adjoining properties, as
viewed from the Property boundaries, and the surrounding
area based on visual observations made from adjacent public
thoroughfares. Building exteriors were observed along the
perimeter from the ground, unless described otherwise.
Representative interior areas were observed as they were
made safely accessible, unless described otherwise.
Areas Accessed:
Representative mechanical, common, and tenanted spaces
were observed in every building.
Inaccessible Areas:
No areas were inaccessible during the assessment.
Other Limitations:
No significant limitations or physical obstructions were
encountered during the property reconnaissance.
Portions of the paved areas were covered with parked
vehicles preventing the viewing of some areas.
8.2 Visual Observations
Hazardous Substance and Petroleum Products in Connection with Identified Uses
X
Hazardous Substance and Petroleum Products in Connection with Unidentified Uses
X
Drums and Containers of Unidentified Substance or Petroleum Products
X
Aboveground and Underground Storage Tanks
X
Strong, Pungent or Noxious Odors
X
The Exchange 39 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
OBSERVATION
Pools of Liquids
YES
NO
X
Electrical or Hydraulic Equipment likely to Contain Fluids
X
Heating and Cooling Source
X
Interior Stains or Corrosion other than from Water
X
Floor Drains, Sumps, Clarifiers and Oil/Water Separators
X
Pits, Ponds and Lagoons
X
Exterior Stained Soils or Pavement
X
Stressed Vegetation
X
Onsite Solid Waste Disposal or Unknown Fill
X
Wastewater
X
Wells
X
Septic Systems and Cesspools
X
• Hazardous Substances and Petroleum Products in Connection with Identified Uses
The Property is an office building complex. Limited amounts of cleaning supplies, paints, and
other chemicals used in the maintenance of the buildings are present. These materials were
generally noted in containers of five gallons or less and were adequately stored. No significant
staining or indications of releases were noted.
BBG noted the following hazardous substances and petroleum products in connection with
identified uses.
Ic Flo I
• • •
•• •
7CIcaninglies
Various 1- to 5-gallon containers located in janitor
Good: No leaks or
closets
spills
Paint
50 5-gallon containers observed across the Property
Good: No leaks or
buildings
spills
Diesel fuel
1, 500-gallon AST diesel fuel at 5301
Good: No leaks or
1, 1,000-gallon AST diesel fuel at 5250
spills
1, 1,000-gallon AST diesel fuel at 5500
• Aboveground and Underground Storage Tanks
Diesel fuel is stored in three belly ASTs integral to emergency electrical generators as discussed
in the section above.
The Exchange 40 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
• Electrical or Hydraulic Equipment Likely to Contain Fluid
BBG noted 14 pad -mounted transformers capacitors located at each building. No signs of
leakage were noted; therefore, the electrical equipment is not considered a REC.
No stickers indicating the PCB content were noted.
The manufacture of PCBs was banned in 1979. Based on the pre-1980 date of construction of
some of the property improvements, it is possible that PCB -containing electrical equipment is
present.
Based on information obtained from prior Phase I Environmental Site Assessments, the electrical
equipment is owned by the local utility company.
Hydraulic elevator machines were identified on the Property. Hydraulic systems contain oil. The
oil in these systems is, as a general rule, not replaced unless the system needs to be rebuilt or a
leak occurs in the hydraulic system. PCBs were generally not added to hydraulic oils used in
elevator or other hydraulic lift systems, however, when hydraulic oils were recycled, they were
sometimes contaminated with PCBs. If recycled oils were used in the hydraulic system, they may
contain PCBs. These systems are not accessible to the general public and do not pose a concern
unless a release has occurred. The hydraulic elevators are located in buildings that were
constructed after 1979. No signs of leakage were noted from the observed hydraulic equipment
and no reports or signs of leakage were provided to BBG; therefore, the equipment is not
considered a REC.
• Heating and Cooling Source
The buildings are provided conditioned air by a combination of closed loop chilled water systems
and roof -top package units. Heat is generally provided by a combination of electric strips in
VAVs and electric strips in heat pumps. Package units are provided at buildings 5350, 5500, and
5510. Buildings 5601, 5435, and 5301 are heated with natural gas -fired boilers.
Some tenant spaces are heated and cooled by an electric air-to-air split system heat pump. The
heat pump condenser units are located on the roof. The indoor forced air units are located in
indoor utility closets. The heat pumps are typically 1.5 ton units.
• Wastewater
No wastewater streams were noted or reported to BBG with the exception of standard sanitary
waste and storm water discharges. Sanitary wastes discharge to the municipal wastewater
The Exchange 41 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
treatment system. Storm water flows off the Property by sheet flow, percolates into the ground or
discharges to the municipal storm water system.
8.3 Visual Observations Summary
No visual, olfactory or other observations were made during the property reconnaissance that
would indicate a REC in connection with the Property.
The Exchange 42 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
9.0 ASTM NON -SCOPE CONSIDERATIONS
9.1 Asbestos Containing Materials (ACM)
Asbestos is a mineral fiber that has been used commonly in a variety of building construction
materials for insulation and as a fire -retardant. Because of its fiber strength and heat resistant
properties, asbestos was used in roofing shingles, ceiling and floor tiles, insulation products,
asbestos cement products, and a host of other building materials. ACM is often classified as
either friable or non -friable. Friable ACM, when dry, can be crumbled, pulverized, or reduced to
powder by hand pressure. Non -friable ACM can be crumbled, pulverized, or reduced to powder
during machining, cutting, drilling, or other abrasive procedures. When asbestos -containing
materials are damaged or disturbed by repair, remodeling or demolition activities, microscopic
fibers become airborne and can be inhaled into the lungs, where they can cause significant health
problems. Friable ACM is more likely to release fibers when disturbed or damaged than non -
friable ACM.
BBG conducted a limited visual screening for the presence of ACM at the Property. The
potential for the presence of ACM was evaluated based on the age of the improvements, dates of
renovation, and other relevant information. For this assessment, materials listed in Appendix G
of the USEPA Guidance Document: Managing Asbestos in Place - A Building Owner's Guide to
Operations and Maintenance Programs for Asbestos -Containing Materials, which were installed
prior to 1989, are suspected of containing asbestos. It should be noted that, while less likely,
asbestos may still be found in current building materials, particularly non -friable products, such
as sheet vinyl flooring, vinyl floor tiles, floor tile mastic, joint compound, asbestos -cement board
and roofing materials.
This limited visual screening does not constitute an asbestos survey, during which all suspect
ACM would have been identified and sampled. The possibility exists for ACM, not identified by
this screening, to be present at the Property.
BBG requested copies of any previous ACM testing conducted at the Property from the Client.
BBG was provided with Asbestos Survey Reports for buildings 5301, 5311, 5435, 5445, 5500,
5510, and 5601. The surveys were conducted in 2018 by Bock and Clark.
Based on our review of the asbestos surveys:
Building 5301: 5,000 SF of white ceiling texture 3% Chrysotile.
Building 5311: 5,000 SF of white ceiling texture 3% Chrysotile.
Building 5435: 5,000 SF of white ceiling texture 4% Chrysotile.
Building 5435: 360 SF of vinyl tile and mastic 2% Chrysotile.
Building 5445: 5,000 SF of white ceiling texture 4% Chrysotile.
Building 5445: 5,000 SF of white wallboard and joint compound 2% Chrysotile
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Charlotte, North Carolina 28217
Under the National Emission Standard for Hazardous Air Pollutants (NESHAP) 40 CFR 61, the
USEPA defines a material to be ACM if it contains greater than 1% asbestos by PLM analysis.
The documented ACM is managed in place by an ACM Operation and Maintenance (O&M) Plan
prepared by Bock and Clark in 2018. A copy of the ACM O&M Plan is included in the
appendices.
Based on the post-1988 date of construction of buildings 5605, 5200, 5250, 5350, 5550, and
5600, it is unlikely that significant friable ACM is present in these buildings. The non -friable
materials observed were in good condition. ACM for these buildings is not considered a BER.
Based on the pre-1989 date of construction of building 5501, it is possible that friable and non -
friable ACM is present. Suspect materials observed during the property reconnaissance include
vinyl flooring, vinyl flooring mastic, lay -in ceiling panels, ceiling tiles, roofing materials,
wallboard and joint compound. The suspect materials were observed to be in good condition.
The possible presence of ACM is considered a BER.
9.2 Radon
Radon is a naturally occurring colorless, odorless gas that is a by-product of the decay of
radioactive materials potentially present in bedrock and soil. The USEPA guidance action level
for annual residential exposure to radon is 4.0 picoCuries per liter of air (pCi/L). The guidance
action level is not a regulatory requirement for private owners of commercial real estate, but is
commonly used for comparison purposes to suggest whether further action at a building may be
prudent.
A preliminary evaluation of the potential for concerns relating to radon was made using the
USEPA Map of Radon Zones. The USEPA Map is based solely on averages in order to identify
areas in the country with the potential for elevated indoor radon levels. Elevated levels of radon
have been found in all radon zones. A finding that a property is located in a zone with predicted
levels of radon below the USEPA action level does not mean a specific property does not have
elevated levels of radon. The evaluation considered the location of the Property, previous test
results, if available, type of construction and usage of the Property.
BBG requested copies of any previous radon testing conducted at the Property from Telisha
Wheeler. No previous testing was provided.
The Property is located in Radon Zone 3, counties which have a predicted average indoor radon
screening less than 2 pCi/L, which is below the USEPA action level of 4 pCi/L. The USEPA's
action level applies to residential, not commercial, properties. Based on the low regional
averages and non-residential use, radon is not considered a BER.
The Exchange 44 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
9.3 Lead -Based Paint (LBP)
Lead was added to paint as a pigment, to speed drying, increase durability or to resist moisture.
Although lead improves paint, it was found to pose a health hazard, particularly to children under
the age of six, whose bodies are still developing. A paint is considered LBP if it contains lead
equal to or exceeding 1.0 milligram per square centimeter or 0.5 percent by weight, or 5,000 parts
per million (ppm) by weight.
A preliminary evaluation for the presence of LBP was conducted. The evaluation was based on
the age of the improvements, the extent of renovations, property usage, and past analytical
testing, if available. The Consumer Product Safety Commission banned the use of lead in paint in
1978, 16 CFR 1303. Most manufacturers, however, had ceased using lead well before this time.
Paint applied after 1978 is not considered suspect LBP.
A comprehensive LBP survey was not conducted as part of this assessment. Conclusions are
based on observations of representative areas only. A finding that LBP is not a significant
concern cannot be interpreted as the building is free of LBP.
BBG requested copies of any previous LBP testing conducted at the Property from Telisha
Wheeler. No previous testing was provided.
Based on the post-1978 date of construction of all the buildings except 5335 and 5345, it is
unlikely that LBP was utilized. LBP is not considered a BER for 12 of the buildings.
Based on the pre-1979 date of construction of buildings 5335 and 5345, it is possible LBP was
used at the Property. The painted surfaces observed were in good condition. The Property is not
used residentially. The possible presence of LBP in these two buildings is considered a BER.
9.4 Drinking Water
The potential for concerns relating to elevated levels of contaminants, particularly lead, was
evaluated. The evaluation looked at the source of drinking water and analytical data, if available.
The Property receives its water from the Charlotte Water Department. Per the 2018 Consumer
Confidence Report, the water that is supplied meets or exceeds the federal and state drinking
water standards, including those for lead; therefore, drinking water quality is not considered a
BER.
9.5 Microbial Growth
Molds are usually not a problem indoors, unless mold spores land on a wet or damp spot and
begin growing. Molds have the potential to cause health problems. Molds produce allergens
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Charlotte, North Carolina 28217
(substances that can cause allergic reactions), irritants, and in some cases, potentially toxic
substances (mycotoxins). Inhaling or touching mold or mold spores may cause allergic reactions
in sensitive individuals. Allergic responses include hay fever -type symptoms, such as sneezing,
runny nose, red eyes, and skin rash (dermatitis). Allergic reactions to mold are common. They
can be immediate or delayed. Molds can also cause asthma attacks in people with asthma who are
allergic to mold. In addition, mold exposure can irritate the eyes, skin, nose, throat, and lungs of
both mold -allergic and non -allergic people. Symptoms other than the allergic and irritant types
are not commonly reported as a result of inhaling mold. Research on mold and health effects is
ongoing.
BBG conducted a preliminary visual screening for readily observable mold and conditions
conducive to mold at the Property. Observations were limited solely to the portions of the
Property walked and the evaluation should not be construed as a comprehensive mold survey for
the property. No sampling was conducted and no assessment of areas behind walls or in any
other way generally inaccessible was performed. In addition, BBG interviewed property
representatives regarding past or current water leaks, infiltration or ponding, tenant complaints of
mold or health problems, known current mold problems or other concerns relating to indoor air
quality at the Property.
No visual or olfactory indications of microbial growth or water infiltration were noted during the
property reconnaissance. According to Telisha Wheeler, there are no known areas of leaks or
water infiltration at the Property and no known problems related to microbial growth. Microbial
growth is not considered a BER.
9.6 Flood Zone and Wetlands
BBG attempted to determine if the Property was located in a flood hazard area or contained
jurisdictional wetlands. This screening was based solely on a review of available FEMA Flood
Insurance Rate Maps (FIRM) and the United States Fish and Wildlife Service National Wetlands
Inventory (NWI) website. This screening should not be considered a formal flood hazard
determination or wetlands delineation.
Based on information provided by FEMA, the Property is located in Zone X Unshaded, defined
as areas of minimal flood hazard.
Portions of the Property were identified as wetlands on the United States Fish & Wildlife Service
National Wetlands Inventory website. It should be noted that the wetland determination is based
the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible
hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -
the -ground inspection of any particular site may result in revision of the wetland boundaries or
classification established through image analysis. Federal, state, and local regulatory agencies
with jurisdiction over wetlands may define and describe wetlands in a different manner than that
used in this inventory. The Property is fully developed and has been for 44 years. BBG assumes
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the appropriate wetlands determination was made at the Property was developed; therefore,
wetlands are not considered a BER for the Property.
9.7 ASTM Non -Scope Consideration Summary
Based on analytical results ACM is present on the Property and is considered a BER. The
materials observed were in good condition.
Based on date of construction LBP may be present on the Property; therefore, LBP is considered
a BER. The painted surfaces observed were in good condition.
The Exchange 47 BBG PROJECT NO.: 0519000357
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Charlotte, North Carolina 28217
10.0 FINDINGS, OPINIONS, CONCLUSIONS AND RECOMMENDATIONS
10.1 Findings, Opinions and Conclusions
BBG has performed a Phase I Environmental Site Assessment in conformance with the scope and
limitations of ASTM Practice E1527 of 5200-5605 77 Center Drive 77 Center Drive, Charlotte,
North Carolina, the Property. Any exceptions to, or deletions from, this practice are described in
Section 11 of this report. This assessment has revealed no evidence of RECs in connection with
the Property except for the following:
• A portion of the Property has entered into a Brownfields Agreement with the North Carolina
Department of Environmental Quality (DEQ). The Brownfields Agreement provides
regulatory protection against future DEQ enforcement in return for implementation of Land
Use Restrictions. The Brownfields Agreement is considered a controlled recognized
environmental condition (CREC). The Property parcel under building 5501 is not included in
the Brownfields Agreement. According to a prior Limited Phase 2 Investigation, analysis of
a groundwater sample collected from a boring installed approximately 130 feet northeast and
up -gradient of the parcel was reported with dissolved trichloroethylene (TCE) at a
concentration of 49.6 ug/L. The Groundwater Quality Standard for TCE is 3.0 ug/L.
Groundwater impacted with TCE may have migrated onto this portion of the Property and is
considered a REC.
A de minimis condition is a condition that generally does not present a threat to human health or
the environment and that generally would not be the subject of an enforcement action if brought
to the attention of appropriate governmental agencies. This assessment has revealed no evidence
of de minimis conditions.
An historical recognized environmental condition (HREC) refers to an environmental condition
which would have been considered a REC in the past, but which is no longer considered a REC
based on subsequent assessment and/or remediation of any contaminants to below the most
restrictive (generally residential) cleanup target concentrations or regulatory closure with no
formal or implied restricted uses. The assessment has revealed no evidence of HRECs in
connection with the Property.
No significant data gaps were identified that would affect the ability of the environmental
professional to identify RECs at the Property.
At the request of Client, BBG conducted a preliminary evaluation for asbestos -containing
material (ACM), radon, lead -based paint (LBP), drinking water quality, mold, floodplains and
wetlands which are considered ASTM non -scope considerations. This assessment has revealed
no evidence of BERs relating to these ASTM non -scope considerations, except for the following:
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Charlotte, North Carolina 28217
• Based on analytical results ACM is present on the Property and is considered a BER. The
materials observed were in good condition.
• Based on date of construction LBP may be present on the Property; therefore, LBP is
considered a BER. The painted surfaces observed were in good condition.
10.2 Recommendations
BBG recommends the owner/operator continue compliance with the Land Use Restrictions of the
Brownfields Agreement. The owner/operator should also contact the DEQ in an attempt to add
the parcel containing the 5501 building into the Brownfields Agreement. Otherwise, a limited
subsurface investigation should be completed to determine the presence or absence of
groundwater contamination on the 5501 parcel. If groundwater impact is determined, the limited
subsurface investigation should be expanded to include sub -slab vapor testing within the
basement of the building.
ACM typically do not release measurable amounts of asbestos fibers unless the materials are
disturbed or damaged. Based on the condition of the materials observed BBG recommends that
these materials continue to be managed under the asbestos operations and maintenance (O&M)
program until such time as renovation or demolition activities necessitate their abatement, or
analytical testing proves the material to be non -ACM. The objective of the O&M program is to
implement a practical management approach to controlling ACM at the Property, by monitoring
its condition, controlling any activities that might impact the ACM, and responding promptly
should the material be damaged.
NESHAP regulations require sampling of potential ACM prior to any renovation or demolition
activities likely to disturb the material, regardless of the date of construction. If such activities
are planned, an asbestos survey of the entire facility, or the portion slated for the renovation or
demolition activities, is warranted prior to initiating these activities. No survey was conducted as
part of this assessment. The survey should be conducted by a licensed firm and should include an
assessment of all suspect ACM including those which are not normally accessible. Any material
found to be ACM should be handled in accordance with applicable regulations.
Given the good condition of the painted surfaces and the non-residential usage of the Property, no
further action or study with regard to LBP at the Property is recommended at this time. The paint
should, however, be sampled prior to any actions likely to impact the painted surfaces, such as
sanding, scraping or heat -gun removal; otherwise the paint should be assumed to be LBP. Any
proven or assumed LBP should be removed and handled in a controlled manner in accordance
with applicable regulations. State and local regulations may apply to LBP in association with
building demolition or renovation and in association with worker or occupant protection.
BBG recognizes that there may be various options for dealing with the conditions identified. The
options provided by BBG are not necessarily the only acceptable alternatives for dealing with a
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particular concern. Factors such as planned changes to property use, planned renovations, capital
restraints or other variables may change what would be considered the most appropriate or
prudent alternative. BBG provides these options solely as guidance for further action.
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Charlotte, North Carolina 28217
11.0 DEVIATIONS AND ADDITIONAL SERVICES
The following items deviated from the ASTM 1527-13 Standard:
• The Standard offers a "Recommended Table of Contents and Report Format." While BBG's report
includes all of the information required by the Standard, BBG did not follow the recommend table of
contents and report format for all sections of the report.
• The Standard only requires that the preparer of the report determine the presence of RECs, CRECs
and HRECs, if any, or data gaps that prevent a conclusion regarding the presence of RECs, CRECs
and HRECs being made. At the request of Client, BBG has included recommendations in this report.
• At the request of Client asbestos -containing materials, radon, lead -based paint, drinking water quality,
and mold were addressed in this ESA. These are considered Non -Scope Considerations by the
Standard.
• At the request of Client, a preliminary evaluation was made to determine if the Property was located
in a flood plain or if portions of the Property could be classified as wetlands. These are considered
Non -Scope Considerations by the Standard.
• The results of additional inquiries required under section 312.22 of 40 CFR 312 and Section 6 of the
ASTM Standard were not provided to BBG. All appropriate inquiry does not require submission of
this information to the environmental professional.
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5200-5605 77 Center Drive
Charlotte, North Carolina 28217
12.0 DECLARATION OF ENVIRONMENTAL PROFESSIONAL
We declare that, to the best of our professional knowledge and belief, we meet the definition of
Environmental Professional as defined in §312.10 of 40 CFR 312.
We have the specific qualifications based on education, training, and experience to assess a property of
the nature, history, and setting of the Property. We have developed and performed the all appropriate
inquiries in conformance with the standards and practices set forth in 40 CFR Part 312.
Prepared By: Reviewed By:
DRAFT DRAFT
Steven Irminger, P.E. Aaron Klenke
Professional Associate Director
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Charlotte, North Carolina 28217
13.0 DETAILED SCOPE OF WORK
This ESA was conducted in accordance with ASTM Standard Practice for Environmental Site
Assessments: Phase I Environmental Site Assessment Process E1527-13 (Standard), the All Appropriate
Inquiries (AAI) Rule 40 CFR Part 312, and any additional requirements of Client.
The scope of services for this assessment included an evaluation of the following:
• Physical characteristics — Consistent with Section 8.2.4 of the ASTM Standard Practice, a current
USGS 7.5 Minute Topographic Map (or equivalent) showing the area on which the property is
located shall be reviewed. It is the only standard physical setting source and the only physical setting
source that is required to be obtained (and only if it is reasonably ascertainable). One or more
additional physical setting sources may be obtained in the discretion of the environmental
professional. Because such sources provide information about the geologic, hydrogeologic,
hydrologic, or topographic characteristics of a site, discretionary physical setting sources shall be
sought when deemed necessary by the environmental professional.
• Environmental Records — Consistent with Section 8.2.1 of the ASTM Standard Practice, a review of
the standard federal, state and tribal environmental records will be reviewed. Pursuant to Section
8.2.3 of the ASTM Standard Practice, additional local records and/or additional federal, state, or
tribal records shall be checked when, in the judgment of the environmental professional, such
additional records (1) are reasonably ascertainable, (2) are sufficiently useful, accurate, and complete
in light of the objective of the records review, and (3) are generally obtained, pursuant to local good
commercial and customary practice, in initial environmental site assessments in the type of
commercial real estate transaction involved. If the property or any of the adjoining properties is
identified on one or more of the standard environmental record sources, pertinent regulatory files
and/or records associated with the listing will be reviewed provided the records are reasonably
ascertainable and are available within a reasonable distance, cost and timeframe. If, in the
environmental professional's opinion, such a review is not warranted, the environmental
professional will provide an explanation within the report the justification for not conducting the
regulatory file review.
Uses of the Property — Consistent with Section 8.3.2 of the ASTM Standard Practice, all obvious uses
of the property shall be identified from the present, back to the property's first
developed use, or back to 1940, whichever is earlier. This task requires reviewing only as many of the
standard historical sources in 8.3.4.1 through 8.3.4.8 as are necessary and both reasonably
ascertainable and likely to be useful. The term "developed use" includes agricultural uses and
placement of fill dirt. The report shall describe all identified uses, justify the earliest date identified,
and explain the reason for any gaps in the history of use. Review of standard historical sources at less
than approximately five year intervals is not required by this practice (for example, if the property had
one use in 1950 and another use in 1955, it is not required to check for a third use in the intervening
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period). If the specific use of the property appears unchanged over a period longer than five years,
then it is not required by this practice to research the use during that period.
• Site Reconnaissance — Consistent with Sections 9.2.1 and 9.2.2 of the ASTM Standard Practice, on a
visit to the property (the site visit), the property shall be visually and/or physically observed and any
structure(s) located on the property to the extent not obstructed by bodies of water, adjacent buildings,
or other obstacles shall be observed. The periphery of the property shall be visually and/or physically
observed, as well as the periphery of all structures on the property, and the property shall be viewed
from all adjacent public thoroughfares. If roads or paths with no apparent outlet are observed on the
property, the use of the road or path shall be identified to determine whether it was likely to have
been used as an avenue for disposal of hazardous substances or petroleum products. On the interior of
structures on the property, accessible common areas expected to be used by occupants or the public
(such as lobbies, hallways, utility rooms, recreation areas, etc.), maintenance and repair areas,
including boiler rooms, and a representative sample of occupant spaces, shall be visually and/or
physically observed. It is not necessary to look under floors, above ceilings, or behind walls.
The ASTM Standard Practice recognizes that there may be environmental issues or conditions at a
property that parties may wish to consider. These are considered ASTM Non -Scope Considerations. The
following ASTM non -scope considerations were included:
• Asbestos Containing Material (ACM) - The potential for the presence of ACM was evaluated based
on the age of the improvements, dates of renovation, and other relevant information. Appendix G of
the USEPA Guidance Document: Managing Asbestos in Place - A Building Owner's Guide to
Operations and Maintenance Programs for Asbestos -Containing Materials (the Green Book) was
used as a guide in identifying suspect materials and the definition of suspect ACM and presumed
asbestos containing material is taken from 29 CRF Parts 1910, et al. Occupational Exposure to
Asbestos; Final Rule. Only readily accessible building materials were observed. No destructive
means were utilized to gain access to hidden or inaccessible areas such as pipe chases, wet columns,
wall voids and ceiling cavities. The level of this preliminary assessment was not intended to comply
with the survey requirements of the Asbestos Hazard Emergency Response Act (AHERA) 40 CFR
Part 763, National Emission Standard for Hazardous Air Pollutants (NESHAP) 40 CFR 61; the
General Duty Clause, 29 USC 654, Section 5; or other federal, state or local regulation.
• Radon — The potential for elevated levels of indoor radon was based on available analytical results,
published regional average levels, the usage of the buildings, and the type of construction and
mechanical systems present. This evaluation was not designed or intended to comply with any
regulatory agency requirements. Sampling, if any, was conducted using short-term radon detectors.
The results of such testing are intended solely as a screen and may not be indicative of long-term
average radon levels.
• Lead -Based Paint (LBP) — The potential for the presence of LBP at the property was based on
available analytical data, the age of the improvements, dates of renovation, and the current and
proposed usage of the property. This evaluation was not designed or intended to comply with survey
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Charlotte, North Carolina 28217
requirements outlined in Housing and Urban Development (HUD) regulations or other federal, state
or local regulation.
• Lead in Drinking Water — The potential for elevated levels of lead in the drinking water at the
property was based on available analytical data, a determination of the source of the drinking water
supply and a review of publically available compliance data reports.
• Microbial Growth — The potential for microbial growth at the property was based on visual
observations for signs of water intrusion, water damage, and suspect mold growth and interviews with
property representatives. These observations were limited to the areas walked and should not be
considered a comprehensive survey of the Property. A finding in this report that "mold is not a
significant concern" or "no significant mold was identified" should not be interpreted as the building
is free of mold.
• Flood Plains and Wetlands - Evaluation based solely on a review of available Federal Emergency
Management Agency (FEMA) Flood Insurance Rate Maps (FIRM), or equivalent, and the United
States Fish and Wildlife Service National Wetlands Inventory website. This screening should not be
considered a formal flood hazard determination or wetlands delineation.
The Exchange 55 BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
APPENDIX I
PROPERTY MAPS AND DIAGRAMS
ENVIRONMENTAL SITE ASSESSMENT BBG PROJECT NO. 0519000357
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The Exchange BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
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The Exchange BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
APPENDIX 2
PHOTOGRAPHS
ENVIRONMENTAL SITE ASSESSMENT BBG PROJECT NO. 0519000357
1. Building 5605 2. Building 5601
3. Building 5501 4. Building 5445
5. Building 5435 6. Building 5311
The Exchange BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
7. Building 5301
8. Building 5200
s
9. Building 5250
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10. Building 5350
11. Building 5500 12. Building 5510
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Charlotte, North Carolina 28217
13. Building 5550 14. Building 5600
17. Asphalt condition 18. Damaged asphalt
The Exchange BBG PROJECT NO.: 0519000357
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Charlotte, North Carolina 28217
19. Asphalt condition 20. Asphalt condition
21. Damaged asphalt
22. Concrete apron to dumpster
23. Concrete sidewalk 24. Damaged concrete flatwork at 5200
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Charlotte, North Carolina 28217
25. Damaged curb at 5435 26. Typical concrete sidewalk
low
27. Typical exterior steps 28. Brick pavers at 5250
29. Typical recently repaired storm drain 30. Typical signage
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Charlotte, North Carolina 28217
31. Typical light pole 32. Typical building structure
33. Basement at 5501 34. Recently repaired fa4ade at 5601
35. Fagade detail 36. Curtain wall
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Charlotte, North Carolina 28217
37. Facade detail
1 Amppm
f
38. Fagade detail
71
39. Entrance doors 40. Terrace at 5200
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Charlotte, North Carolina 28217
43. EPDM roof membrane 44. EPDM roof membrane
45. EPDM roof membrane 46. Typical EPDM roof system
47. Parapet and coping 48. Interior drain and emergency scupper
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5200-5605 77 Center Drive
Charlotte, North Carolina 28217
49. New cooling tower at 5250 50. Package units
51. Typical cooling towers 52. Typical water circulation pumps
53. Boiler at 5601 54. Chiller unit
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Charlotte, North Carolina 28217
0
55. VAV unit 56. Boiler at 5500
57. Typical building water heater 58. Electrical switchgear
59. Typical electrical switchgear 60. Electrical switchgear and sump pump in 5501
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Charlotte, North Carolina 28217
61. Emergency generator 62. Pad -mounted transformer
63. Federal Pacific electrical panel in 5510 64. GFI outlet
65. Traction elevator machine 66. Elevator relay controls
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Charlotte, North Carolina 28217
67. Hydraulic elevator 68. Elevator finishes
69. Typical fire extinguisher 70. Meeting room amenity
71. Meeting room amenity 72. Break room amenity
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Charlotte, North Carolina 28217
73. Fitness center amenity in 5601
74. Main lobby
75. Elevator lobby 76. Main lobby
77. Typical common corridor 78. Typical rest room finishes
The Exchange BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
19818010
79. Renovated rest room 80. Vacanttenantspace
81. Vacanttenantspace 82. Vacanttenantspace
83. Tenant finishes 84. Ramp to leasing office requires handrails
The Exchange BBG PROJECT NO.: 0519000357
5200-5605 77 Center Drive
Charlotte, North Carolina 28217
APPENDIX 3
SUPPORTING DOCUMENTATION
ENVIRONMENTAL SITE ASSESSMENT BBG PROJECT NO. 0519000357
VAN BUREN LAW, PLLC
January 31, 2018
VIA CERTIFIED MAIL
Attention: Brownfields Staff
NC Department of Environmental Quality
DWM-Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
VIA REGULAR MAIL
Dr. Alma "Gibbie" Harris
Public Health Director, Mecklenburg County
249 Billingsley Road
Charlotte, NC 28211
Mr. Ebenezer Gujjarlapudi
Director, LUESA
Mecklenburg County
2145 Suttle Avenue
Charlotte, NC 28208
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RE: 77 Center Drive Brownfields Agreement, 5200-5605 Seventy -Seven
Center Drive, Charlotte, NC (the "Property"); Brownfields Project
#16048-12-060
To Whom it May Concern:
Please find enclosed herewith the 2018 LURU for the Property. I have also
attached a Lease Abstract for a recently executed lease at the Property.
524 East Boulevard I Charlotte, NC 28203 1 phone 704/366-4608 1 www.vanburenlaw.com
January 31, 2018
Page 2 of 2
Please call me with any questions.
Ve
Cc: Mr. Alex Fleming (via email, w/ encl.
Ms. Jennifer Hoffman (via email, w/
NC BROWNFIELDS
LAND USE RESTRICTIONS ("LUR") UPDATE,
Name: 77 Center Drive
Project #: 16048-12-060
Year Certification Made: 2018
/1234567g9,o�
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CNI FEB 2018
N Brownflelds
Address: 5200 — 5605 Seventy -Seven
County: Mecklenburg
Property Owner (In part or whole): WPFII-REIV, LLC
Read the following LURs and mark each restriction accordingly. Additional remarks may be added for
compliance status clarification. Attach any required or supplemental documentation, sign, notarize and
submit to the following address:
NC Division of Waste Management
Attn: Brownfields Program Staff
1646 Mail Service Center
Raleigh, NC 27699-1646
LUR 1: No use may be made of the Brownfields Property other than for Commercial,
Office, Hotel, Restaurant and associated Parking without prior written permission of the
Department Environmental Quality ("DEQ"). For purposes of this restriction, the following
definitions apply:
a. "Commercial": refers to an enterprise carried on for profit or non-profit by the
owner, lessee or licensee;
b. "Office": refers to the rendering of business or professional services;
c. "Hotel": refers to the provision of overnight lodging to paying customers, and to
associated reservation, cleaning, utilities and on -site management and reception
services; and
d. "Parking" refers to the temporary accommodation of motor vehicles in an area
designed for same.
XXXX In compliance
Remarks:
0 Out of compliance
LUR 2: 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:
Form revised: 8-1-2016
77 Center Drive (#16048-12-060) LUR Update
a. soil and water management issues, including without limitation those resulting
from contamination identified in the Environmental Reports (as defined in
Paragraph 5 of the Brownfields Agreement ["Agreement"]);
b. potential sources of the contamination referenced in Paragraph 7 of the
Agreement;
c. surface soil sampling for any soil areas that are planned to be exposed after the
planned development, and subsurface soil sampling, as required by DEQ.
d. contingency plans for addressing newly discovered potential sources of
environmental contamination (e.g., tanks, drums, septic drain fields); and
e. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment.
XXXX In compliance ❑ Out of compliance
Remarks:
LUR 3: Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ.
XXXX In compliance ❑ Out of compliance
Remarks:
LUR 4: No new building or building addition to that shown on the plat component of
the Notice of Brownfields Property referenced in Paragraph 18 of the Brownfields Agreement
attached as Exhibit A ("New Construction") may be constructed on the Brownfields Property
until DEQ determines in writing, based on submittals from the building's proponent, that the
building's users, and public health and the environment, would not be at risk from the volatile
contaminant plume on or migrating to the Brownfields Property.
XXXX In compliance ❑ Out of compliance
Remarks:
LUR 5: None of the contaminants known to be present in the environmental media at
the Brownfields Property as described in Paragraph 7 of the Agreement, as modified by DEQ in
writing based on the discovery of any new contaminants in excess of applicable standards at the
time, may be used or stored at the Brownfields Property without the prior written approval of
DEQ, except:
a. in de minimis amounts for cleaning and other routine housekeeping activities;
77 Center Drive (#16048-12-060) LUR Update
b. as constituents of fuels, lubricants and oils in emergency generators, machinery,
equipment and vehicles in on -board tanks integral to said equipment or in
flammable liquid storage containers totaling no more than 25 gallons; and/or
c. as constituents of products and materials customarily used and stored in
Commercial, Office, Parking, Hotel, Restaurant, or associated Parking
environments, provided such products and materials are used, stored, and
disposed in accordance with applicable laws and regulations.
XXXX In compliance ❑ Out of compliance
Remarks:
LUR 6: The Brownfields Property may not be used for agriculture or grazing, without
the prior written approval of DEQ.
XXXX In compliance ❑ Out of compliance
Remarks:
LUR 7: The Brownfields Property may not be used as a playground, or for child care
centers or schools, other than post -secondary schools without the prior written approval of DEQ.
XXXX In compliance ❑ Out of compliance
Remarks:
LUR 8: The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by such 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 LUR is
waived in writing by DEQ in advance.
XXXX In compliance ❑ Out of compliance
Remarks:
LUR 9: 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
77 Center Drive (#16048-12-060) LUR Update
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.
XXXX In compliance ❑ Out of compliance
Remarks:
LUR 10: Any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice, with the blanks filled in: "The Brownfields Property
which is the subject of this instrument is subject to the Brownfields Agreement attached as
Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County land
records, Book 5 PPage 846." A copy of any such instrument shall be sent to the persons listed in
Section XVI (Notices and Submissions) of the Agreement, though financial figures related to the
conveyance may be redacted. If DEQ issues prior, written approval, an owner may use the
following mechanisms to comply with the obligations of this paragraph, subject to the terms and
conditions that DEQ may establish in such approval: 1) If every lease and/or rider is identical in
form, the owner 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 XVI (Notice and Submissions); or 2) the owner may provide abstracts of leases, rather
than full copies of said leases, to the persons listed in Section XVI.
XXXX In compliance ❑ Out of compliance
Remarks: The Brownfields Agreement was recorded at Book 31136, Page 873 in the
Mecklenburg County Register of Deeds. The Brownfields Plat was recorded at Plat Book 59
Page 873 in the Mecklenburg Count�Register of Deeds. Any deed or other instrument has
contained a notice with the correct recording information In addition, an Affidavit of Correction
of Typographical or other Minor Error was recorded in the chain of title for the Brownfields
Property at Book 32324, Page 431 in the Mecklenburg County Register of Deeds..
LUR 11: During January of each year after the year in which the Notice referenced in
Paragraph 18 of the Agreement is recorded, the owner of any part of the Brownfields Property as
of January 1 st 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 1', 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, and stating:
a. the name, mailing address, telephone and facsimile numbers, and contact person's
email address of the owner (or board, association or approved entity) submitting
the LURU if said owner (or each of the owners on whose behalf a joint LURU is
submitted) acquired any part of the Brownfields Property in fee during the
previous calendar year; and
77 Center Drive (#16048-12-060) LUR Update
b. the transferee's name, mailing address, telephone and facsimile numbers, and
contact person's e-mail address, if said owner (or each of the owners on whose
behalf a joint LURU is submitted) transferred any part of the Brownfields
Property in fee during the previous calendar year.
XXXX In compliance
O Out of compliance
Notarized signing and submittal of this Land Use Restrictions Update constitutes certification
that the Notice of Brownfields Property remains recorded at the Mecklenburg County Register of
Deeds office and that the Land Use Restrictions are being complied with.
This Land Use Restrictions Update is certified by Paul Turovsky as of January 1, 2018, as Vice
President and Assistant Secretary of True North Capital Funding LLC the Managing Member
of WPFII-REIV, LLC, owner of at least part of the Brownfields Property on this 29th day of
January, 2018.
Name typed or printed of party making certification: Paul Turovsky, as Vice President and
Assistant Secretary of True North Capital Funding, LLC the Managing Member of WPFII-
REIV, LLC
[Note: additional entities or owners may be added if ap��priate (i.e. multiple managing members/entities)]
Btom"
y: (signature)
Name typed or printed: Eaul' urovsky
Title typed or printed: Vice President and Assistant
Secretary of True North Capital Funding, LLC, the
Managing Member of WPFII-REIV, LLC
V{SfGhsblOr-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: Paul Turovsky, Vice President and Assistant
Secretary of True North Capital Funding, LLC, the Managing Member of WPFII-REIV, LLC.
Date: i /e/1 P e-1-51-
Official Signature of Notary
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Notary's printed or typed name, Notary Public
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Commission Expires Feb. 21. 2021
Exhibit A
Lease Abstract
Seventy -Seven Center Drive Brownfields Proiect
Brownfields Proiect # 16048-12-60
Dick Robinson Media Charlotte, LLC
Landlord: WPFII REIV, LLC, a Delaware limited liability company
Landlord
Contact: Managing Partner (c/o Mrs. Jennifer Hoffman)
WPFII REIV, LLC
560177 Center Drive, Suite 100, Charlotte NC 28217
Phone: (704) 295-4211
Email: jennifer.hofftnan@lincolnharris.com
Tenant: Dick Robinson Media Charlotte, LLC, a North Carolina limited liability company
Tenant
Contact: John Casson 5600 77 Center Drive, Suite 305, Charlotte, NC 28217,
Phone: (704) 502-1979, Email: john@gocsb.com
Premises: 5600 77 Center Drive, Suite 305, Charlotte NC 28217
Lease Date: November 22, 2017
Lease Term: January 1, 2018 — January 31, 2019
Commencement
Date: January 1, 2018
Option(s) to
Renew: N/A
Use: General Office User
BFA Notice: The Project is subject to the Brownfields Agreement attached as Exhibit A to the Notice
of Brownfields Property recorded in the Mecklenburg County land records at Book
31136, Pages 873 through 906.
Yes x No
4838-7099-7762.01
NC BROWNFIELDS
LAND USE RESTRICTIONS ("LUR") UPDATE
Name: 77 Center Drive
Project #: 16048-12-060
Year Certification Made: 2017
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Address: 5200 — 5605 Seventy -Seven Center Dr.
County: Mecklenburg
Property Owner (In part or whole): WPFII-REIV, LLC
Read the following LURs and mark each restriction accordingly. Additional remarks may be added for
compliance status clarification Attach any required or supplemental documentation sign notarize and
submit to the following address:
NC Division of Waste Management
Attn: Brownfields Program Staff
1646 Mail Service Center
Raleigh, NC 27699-1646
LUR 1: No use may be made of the Brownfields Property other than for Commercial,
Office, Hotel, Restaurant and associated Parking without prior written permission of the
Department Environmental Quality ("DEQ"). For purposes of this restriction, the following
definitions apply:
a. "Commercial": refers to an enterprise carried on for profit or non-profit by the
owner, lessee or licensee;
b. "Office": refers to the rendering of business or professional services;
c. "Hotel": refers to the provision of overnight lodging to paying customers, and to
associated reservation, cleaning, utilities and on -site management and reception
services; and
d. "Parking" refers to the temporary accommodation of motor vehicles in an area
designed for same.
XXXX In compliance
Remarks:
❑ Out of compliance
LUR 2: 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:
Form revised: 8-1-2016
77 Center Drive (#16048-12-060) LUR Update
a. soil and water management issues, including without limitation those resulting
from contamination identified in the Environmental Reports (as defined in
Paragraph 5 of the Brownfields Agreement ["Agreement"]);
b. potential sources of the contamination referenced in Paragraph 7 of the
Agreement;
c. surface soil sampling for any soil areas that are planned to be exposed after the
planned development, and subsurface soil sampling, as required by DEQ.
d. contingency plans for addressing newly discovered potential sources of
environmental contamination (e.g., tanks, drums, septic drain fields); and
e. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment.
XXXX In compliance
Remarks:
❑ Out of compliance
LUR 3: Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ.
XXXX In compliance
Remarks:
❑ Out of compliance
LUR 4: No new building or building addition to that shown on the plat component of
the Notice of Brownfields Property referenced in Paragraph 18 of the Brownfields Agreement
attached as Exhibit A ("New Construction") may be constructed on the Brownfields Property
until DEQ determines in writing, based on submittals from the building's proponent, that the
building's users, and public health and the environment, would not be at risk from the volatile
contaminant plume on or migrating to the Brownfields Property.
XXXX In compliance ❑ Out of compliance
Remarks:
LUR 5: None of the contaminants known to be present in the environmental media at
the Brownfields Property as described in Paragraph 7 of the Agreement, as modified by DEQ in
writing based on the discovery of any new contaminants in excess of applicable standards at the
time, may be used or stored at the Brownfields Property without the prior written approval of
DEQ, except:
a. in de minimis amounts for cleaning and other routine housekeeping activities;
77 Center Drive (#16048-12-060) LUR Update
b. as constituents of fuels, lubricants and oils in emergency generators, machinery,
equipment and vehicles in on -board tanks integral to said equipment or in
flammable liquid storage containers totaling no more than 25 gallons; and/or
c. as constituents of products and materials customarily used and stored in
Commercial, Office, Parking, Hotel, Restaurant, or associated Parking
environments, provided such products and materials are used, stored, and
disposed in accordance with applicable laws and regulations.
XXXX In compliance
Remarks:
❑ Out of compliance
LUR 6: The Brownfields Property may not be used for agriculture or grazing, without
the prior written approval of DEQ.
XXXX In compliance ❑ Out of compliance
Remarks:
LUR 7: The Brownfields Property may not be used as a playground, or for child care
centers or schools, other than post -secondary schools without the prior written approval of DEQ.
XXXX In compliance ❑ Out of compliance
Remarks:
LUR 8: The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by such 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 LUR is
waived in writing by DEQ in advance.
XXXX In compliance ❑ Out of compliance
Remarks:
LUR 9: 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
77 Center Drive (#16048-12-060) LUR Update
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.
XXXX In compliance ❑ Out of compliance
Remarks:
LUR 10: Any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice, with the blanks filled in: "The Brownfields Property
which is the subject of this instrument is subject to the Brownfields Agreement attached as
Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County land
records, Book 59, Page 846." A copy of any such instrument shall be sent to the persons listed in
Section XVI (Notices and Submissions) of the Agreement, though financial figures related to the
conveyance may be redacted. If DEQ issues prior, written approval, an owner may use the
following mechanisms to comply with the obligations of this paragraph, subject to the terms and
conditions that DEQ may establish in such approval: 1) If every lease and/or rider is identical in
form, the owner 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 XVI (Notice and Submissions); or 2) the owner may provide abstracts of leases, rather
than full copies of said leases, to the persons listed in Section XVI.
XXXX In compliance ❑ Out of compliance
Remarks: The Brownfields Agreement was recorded at Book 31136, Page 873 in the
Mecklenburg County Register of Deeds. The Brownfields Plat was recorded at Plat Book 59,
Page 873 in the Mecklenburg County Register of Deeds. Any deed or other instrument has
contained a notice with the correct recording information.
LUR 11: During January of each year after the year in which the Notice referenced in
Paragraph 18 of the Agreement 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 lst, 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, and stating:
a. the name, mailing address, telephone and facsimile numbers, and contact person's
email address of the owner (or board, association or approved entity) submitting
the LURU if said owner (or each of the owners on whose behalf a joint LURU is
submitted) acquired any part of the Brownfields Property in fee during the
previous calendar year; and
77 Center Drive (#16048-12-060) LUR Update
b. the transferee's name, mailing address, telephone and facsimile numbers, and
contact person's e-mail address, if said owner (or each of the owners on whose
behalf a joint LURU is submitted) transferred any part of the Brownfields
Property in fee during the previous calendar year.
XXXX In compliance ❑ Out of compliance
Remarks:
Notarized signing and submittal of this Land Use Restrictions Update constitutes certification
that the Notice of Brownfields Property remains recorded at the Mecklenburg County Register of
Deeds office and that the Land Use Restrictions are being complied with.
This Land Use Restrictions Update is certified by Paul Turovsky as of January 1, 2017, as Vice
President and Assistant Secretary of True North Capital Funding LLC the Managing Member
of WPFII-REIV, LLC, owner of at least part of the Brownfields Property on this day of
52017.
Name typed or printed of party making certification: Paul Turovsky, as Vice President and
Assistant Secretary of True North Capital Funding, LLC, the Managing Member of WPFII-
REIV, LLC
[Note: additional entities or owners may be added if ap Qriate (i.e. multiple managing members/entities)]
By: (signature)
Name typed or printed: Paul Tu vsky
Title typed or printed: Vice President and Assistant
Secretary of True North Capital Funding, LLC, the
Managing Member of WPFII-REIV, LLC
NtW \Jbry,
,� �
VJ154,0COUNTY
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: Paul Turovsky,,
Date: 2 1& l i q
Of icia Sig re f Notary
Notary's printed or t ped n me, No Public
(Official Seal) My commission expires: v3.4' q, Zol S
ALANNA FLYNN
Notary Public, State of New York
Registration #01 FL6308835
Qualified In New York County
Commission Expires August 4, 2018
Phase II Limited Subsurface Investigation
Vanguard Centre
5200 Seventy -Seven Center Drive
Charlotte, North Carolina
EBI Project No. 12120259
October 5, 2012
Prepared for:
True North Management Group, LLC and WPFII-REIV, LLC
44 South Broadway
White Plains, New York
Prepared by:
Consultin,4EBI
environmental I engineering I due diligence
EBI Consulting
Burlington, MA 0 20
Tel: (781) 73-25-2500
environmental engineering due diligence Fax: icons 273 331 1
g � � 9 www.ebiconsulting.com
October 5, 2012
Mr. Henry Boeckmann
True North Management Group, LLC and WPFII-REIV, LLC
44 South Broadway
White Plains, New York 10601
Subject: Limited Subsurface Investigation Report
Vanguard Centre
5200 Seventy -Seven Center Drive, Charlotte, North Carolina
EBI Project No. 12120259
Dear Mr. Henry Boeckmann:
In accordance with the Proposal and Standard Conditions for Engagement approved by yourself on September 13,
2012, EBI Consulting (dba EBI Consulting, hereinafter "EBI") is pleased to submit this Limited Subsurface Investigation
Report (Report) for the above -referenced property (herein referred to as the Subject Property).
This Report is addressed to True North Management Group, LLC and WPFII-REIV, LLC and such other persons as may be
designated by True North Management Group, LLC and respective successors and assigns. This Report is for the use
and benefit of, and may be relied upon by, True North Management Group, LLC and WPFII-REIV, LLC or any affiliates;
initial and subsequent holders from time to time of any debt and/or debt securities secured, directly or indirectly,
any participation interest in such debt; any indenture trustee, servicer, or other agent acting on behalf of such
holders of such debt and/or debt securities; rating agencies; and the institutional provider(s) from time to time of
any liquidity facility or credit support for such financings, and their respective successors and assigns.
The information contained in this report has received appropriate technical review and approval. The conclusions
represent professional judgments and are founded upon the findings of the investigations identified in the report
and the interpretation of such data based on our experience and expertise according to the existing standard of
care. No other warranty or limitation exists, either express or implied.
The conclusions of this Report are based on groundwater and soil vapor analytical data prepared by Accutest, soil
screening results obtained utilizing a field screening instrument, and field observations recorded by EBI personnel.
There are no intended or unintended third party beneficiaries to this Report, except as expressly stated herein.
EBI is an independent contractor, not an employee of either the issuer or the borrower, and its compensation was not
based on the findings or recommendations made in the Report or on the closing of any business transaction.
Thank you for the opportunity to prepare this Report, and assist you with this project. Please call us if you have any
questions or if we may be of further assistance.
Respectfully submitted,
EBI CONSULTING
i
Ryan Murley
Author/Senior Scientist
Stephanie Clorety, P.G.
Reviewer/Senior Scientist
(410) 419-5504
Bruce Speidel, P.G.
Reviewer/Senior Program Director
(410) 552-1405
ENVIROBUSINESS, INC. LOCATIONS / ATLANTA, GA / BALTIMORE, MD / BURLINGTON, MA / CHICAGO, IL
DALLAS, TX / DENVER, CO I HOUSTON, TX / LOS ANGELES, CA I MAHWAH, NJ / NEW YORK, NY
PHOENIX, AZ / PORTLAND, OR / SAN FRANCISCO, CA / SEATTLE, WA / YORK, PA
Limited Subsurface Investigation Vanguard Centre
E81 Project # 121202S9 S200 Seventy -Seven Center Drive, Charlotte, North Carolina
TABLE OF CONTENTS
1.0 INTRODUCTION........................................................................................................................
2.0 PURPOSE AND SCOPE OF WORK.............................................................................................
2
3.0 SUBJECT PROPERTY DESCRIPTION/PHYSICAL SETTING..........................................................
4
3.1 Subject Property Description.........................................................................................................................4
3.2 Physical Setting...................................................................................................................................................4
4.0 FIELD ACTIVITIES.....................................................................................................................
6
4.1 Rationale for Soil Boring Placement.............................................................................................................6
4.2 Pre -Drilling Activities.....................................................................................................................................
6
4.3 Advancement of Soil Borings..........................................................................................................................6
4.4 Groundwater Sampling and Analysis............................................................................................................7
4.5 Soil Vapor Sampling and Analysis..................................................................................................................
7
4.6 Methane Gas Screening Survey......................................................................................................................
7
4.7 Abandonment of Borings.................................................................................................................................8
5.0 RESULTS...................................................................................................................................9
5.1 Groundwater Analysis Results.......................................................................................................................
9
5.2 Soil Vapor Analysis Results...........................................................................................................................
10
6.0 FINDINGS & CONCLUSIONS...................................................................................................
11
7.0 RECOMMENDATIONS..............................................................................................................
13
8.0 LIMITATIONS.......................................................................................................................... 14
APPENDICES
APPENDIX A — FIGURES
APPENDIX B — TABLES
APPENDIX C — LABORATORY ANALYTICAL RESULTS AND CHAIN -OF -CUSTODY DOCUMENTATION
EBI Consulting
Limited Subsurface Investigation Vanguard Centre
EBI Project # 12120259 S200 Seventy -Seven Center Drive, Charlotte, North Carolina
1.0 INTRODUCTION
In accordance with our Proposal and Standard Conditions for Engagement, EBI Consulting (EBI) is
pleased to submit our Limited Subsurface Investigation Report (Report) on the property located at 5200
Seventy -Seven Center Drive in Charlotte, North Carolina (the Subject Property). Ryan Murley of EBI
Consulting conducted the investigation at the Subject Property on September 25 and 26, 2012.
Background
EBI was requested to conduct a limited subsurface investigation to evaluate the potential impact to the
Subject Property from adjacent properties based on the following recognized environmental concerns
identified in EBI's (August 31, 2012) Phase I ESA report:
• A plant nursery (Rountree Plantation Garden Center) approximately 500 feet east of the Subject
Property reported solvents (TCE) in an irrigation well on their property in 2000. The well is only
used to irrigate plants in greenhouses. According to the regulatory database report, there are
multiple possible sources for this contamination in the surrounding area. Based upon area
topography, groundwater in the vicinity of this site is anticipated to flow to the southwest and
toward the Subject Property. As discussed above, TCE contamination has been identified in the
groundwater along the southwestern edge of the Subject Property. Therefore, there is the potential
that the contamination identified at this nearby SHWS site has migrated beneath the Subject
Property.
• Based upon information presented in the environmental database report, a former landfill is located
adjacent to the southwest of the Subject Property. Groundwater samples collected from monitoring
wells on the southwestern edge of the Subject Property have identified concentrations of metals and
solvents above the NCDENR standards as recently as 2006 (no newer information was identified in
the NCDENR files). Concentrations of PCE were detected in the monitoring wells along the
western property boundary in sampling events from 1989 to 2006. These PCE concentrations
ranged from 4.6 ug/I to 60 ug/I. Previous subsurface investigations have speculated that this
contamination reportedly originate from an off -site source, possibly the adjacent former landfill.
Since the groundwater contamination was presumed to have originated from the adjacent former
landfill, the release had been reported to the NCDENR. Groundwater at the Subject Property has
been determined to be approximately 10 to 25 feet below ground surface. Testing for methane
near the Subject Property buildings closest to the former landfill in 2006 did not identify any
conditions of concern, however no recent testing was identified in the NCDENR files. This
previously identified groundwater contamination is considered a recognized environmental condition
with respect to the Subject Property.
EBI Consulting
Limited Subsurface Investigation Vanguard Centre
EBI Project # 12120259 5200 Seventy -Seven Center Drive, Charlotte, North Carolina
2.0 PURPOSE AND SCOPE OF WORK
This Limited Subsurface Investigations was conducted utilizing a standard of good commercial and
customary practice that was consistent with the ASTM Practice E 1903-1 1. Any significant scope -of -
work additions, deletions or deviations to ASTM Practice E 1903-1 1 are noted below or in the
corresponding sections of this report.
The primary purpose of this investigation was to evaluate the potential impact to the Subject Property
from the adjacent properties.
In order to achieve the objectives of this investigation, EBI performed the following tasks:
• Contacted the local utility locating service North Carolina One Call (Ticket # A 122581480-OOA,
A 122581492-OOA, A 122581495-OOA, A 122581500-OOA, A 122581501-OOA) prior to undertaking
subsurface explorations on -site. Additionally, EBI contracted a private local utility locating service
Ground Penetrating Radar Systems (GPRS) of North Carolina prior to undertaking subsurface
explorations on -site.
• Advanced seventeen (17) borings by direct push Geoprobe to depths of 5 to 32 feet below ground
surface (bgs).
• Collected nine grab groundwater samples from temporary wells or slotted sampling probes inserted
into the completed soil borings using a peristaltic pump and disposable tubing, prepared, and
submitted the samples to a North Carolina -certified independent laboratory for analysis of VOCs
analysis via EPA Method 8260 and Priority Pollutant 13 metals via EPA Method 6010 total and
dissolved. See Section 4.4 for additional details.
• Collected eight soil vapor samples from the exterior of the buildings from eight of the borings,
prepared and submitted the samples to a North Carolina -certified laboratory for analysis of VOCs
by EPA Method TO-15 Target Compounds List (TCL) compounds.
• EBI conducted a methane gas screening survey at the Subject Property. The screening survey was
conducted within the first floor levels of selected buildings to screen for potential methane vapors
by utilizing a landfill meter. See Section 4.6 for additional details.
• Prepared this summary of pertinent information obtained during this investigation including
accompanying illustrations and appendices, along with EBI's findings and preliminary conclusions
regarding the presence or absence of contamination in groundwater and soil vapors beneath the
Subject Property in the areas investigated.
Deviations from the approved scope of work included the following:
• EBI notes that the property owner representative prohibited EBI from advancing the proposed
boring at the north portion of the site, therefore this boring was not advanced and no soil vapor
sample was collected from this proposed location. A groundwater sample was not able to be
collected due to no recharge of the water table within the boring labeled B-10.
2 EBI Consulting
IEBI
Limited Subsurface Investigation Vanguard Centre
EBI Project # 12120259 5200 Seventy -Seven Center Drive, Charlotte, North Carolina
The soil vapor samples could not be analyzed for methane due to the insufficient amount of sample
matrix. EBI discussed alternative methods to evaluate the presence of methane at the Subject
Property. EBI returned to the Subject Property on October 5, 2012 to conduct a methane screening
survey within the first floor levels of selected buildings to screen for potential methane vapors by
using a landfill meter. The results were obtained to determine if the concentrations of any methane
detected could pose an explosive concern.
A detailed description of investigation methods is provided in Section 4.0 of this report.
3 EBI Consulting
:EBI
(' (� \ l f:
Limited Subsurface Investigation Vanguard Centre
EBI Project # 12120259 5200 Seventy -Seven Center Drive, Charlotte, North Carolina
3.0 SUBJECT PROPERTY DESCRIPTION/PHYSICAL SETTING
3.1 SUBJECT PROPERTY DESCRIPTION
The Subject Property is located at 5200 Seventy -Seven Center Drive in Charlotte, Mecklenburg County,
North Carolina. The Subject Property includes nineteen contiguous irregular -shaped parcels,
cumulatively totaling approximately 55.89 acres. The Subject Property is located on both sides of
Seventy Seven Center Drive, which extends northward from Tyvola Road.
According to the Mecklenburg County Property Ownership Land Records Information System
(POLARIS), the Subject Property is currently owned by Intercontinental Fund III Vanguard Center, LLC,
Koger-Vanguard Partners LP and Seventy Seven Center.
The Subject Property is currently improved with thirteen multi -tenant office buildings identified with
both individual names and addresses ranging from 5200 to 5605 Seventy Seven Center Drive, located
within the Vanguard Center. The thirteen office buildings are situated on eleven parcels totaling 37.14
acres. Approximately 17 additional acres of currently undeveloped land is included in the northern
portion of the Subject Property. There were no basements present beneath the existing structures at
the time of the assessment. The existing improvements were reportedly constructed between 1975 and
1997.
Figure I - Location Map depicts the location of the Subject Property on a street map of Charlotte,
North Carolina. Figure 2 - Locus Map depicts the location of the Subject Property on the Charlotte
West, North Carolina United States Geological Survey (USGS) 7.5 Minute Topographic Quadrangle.
3.2 PHYSICAL SETTING
Regional Geology/Bedrock
No bedrock outcroppings were observed at the Subject Property. The Subject Property is located
within the Piedmont physiographic province, which is characterized by a varied topography that ranges
from lowlands to peaks and ridges of moderate altitude and relief. The metamorphic and igneous rocks
of this province range in age from Precambrian to Paleozoic and have been sheared, fractured and fold.
Included in this province, however, are sedimentary basins that formed along rifts in the Earth's crust
and contain shale, sandstone, and conglomerate of early Mesozoic age, interbedded locally with basaltic
lava flows and minor coal beds. The sedimentary rocks and basalt flows are intruded in places by
diabase dikes and sills (USGS Atlas).
4 EBI Consulting
IEBI
Limited Subsurface Investigation Vanguard Centre
EBI Project # 12120259 5200 Seventy -Seven Center Drive, Charlotte, North Carolina
Surficial
According to the Soil Survey of Mecklenburg County obtained from the USDA Web Soil Survey, the
dominant soil compositions in the vicinity of the Subject Property is classified as Cecil sandy clay loam
(CeB2), 2 to 8 percent slopes, moderately eroded and Enon sandy loam (EnB), 2 to 8 percent slopes.
The Cecil sandy clay loam complex is a well -drained soil with a moderate available water capacity. The
capacity of the most limiting layer to transmit water (Ksat) is identified as moderately high to high (0.57
to 1.98 in/hr). The parent material is described as saprolite derived from granite and gneiss and/or
schist. The depth to the underlying water table is typically greater than 80 inches bgs. The Enon sandy
loam complex is a well -drained soil with a moderate available water capacity. The capacity of the most
limiting layer to transmit water (Ksat) is identified as moderately low to moderately high (0.06 to 0.200
in/hr). The parent material is described as saprolite derived from diorite and/or gabbro and/or diabase
and/or gneiss. The depth to the underlying water table is typically greater than 80 inches bgs.
Hydrogeology
Shallow groundwater was encountered in soil borings advanced at the Subject Property at a depth of 28
feet bgs.
Local groundwater gradient is expected to follow surface topography; therefore, groundwater flow near
the Subject Property is expected to flow to the south-southwest. Groundwater depths and flow
gradients are best evaluated by a subsurface investigation involving the installation of at least three
groundwater -monitoring wells, survey of well elevations, and precise measurements of hydraulic head.
Calculation of groundwater flow directions based on relative differences of hydraulic head on the
Subject Property was not included in this scope of work.
5 EBI Consulting
IEBI
Limited Subsurface Investigation Vanguard Centre
EBI Project # 12120259 5200 Seventy -Seven Center Drive, Charlotte, North Carolina
4.0 FIELD ACTIVITIES
4.1 RATIONALE FOR SOIL BORING PLACEMENT
On September 25 and 26, 2012, EBI conducted a limited subsurface investigation to assess subsurface
across the Subject Property. The borings for groundwater samples were advanced in a grid pattern
around the perimeter of the Subject Property. The borings for soil vapor samples were advanced
adjacent to the exterior of the buildings located at the Subject Property.
4.2 PRE -DRILLING ACTIVITIES
EBI requested North Carolina One Call to mark -out the location of Subject Property utilities on
September 14, 2012. Clearance for drilling at the Subject Property was granted for after 7:00am on
September 19, 2012. Additionally, EBI contracted a private local utility locating service GPRS of North
Carolina prior to undertaking subsurface explorations on -site.
4.3 ADVANCEMENT OF SOIL BORINGS
A total of 8 soil vapor borings and 9 groundwater borings were advanced at the Subject Property. All of
the soil borings were advanced using a direct push rig operated by Probe Technology, Inc. of Concord,
North Carolina.
TABLE 4.3
SUMMARY OF SOIL BORING DETAILS
Soil Boring
#
Sample ID
Analytical
Analysis
Refusal (reason)
Depth To GW
B- I
W- I
VOCs, PP 13 metals
NA
28'
B-2
W-2
VOCs, PP 13 metals
NA
28'
B-3
W-3
VOCs, PP 13 metals
NA
28'
B-4
W-4
VOCs, PP 13 metals
NA
28'
B-5
W-5
VOCs, PP 13 metals
NA
28'
B-6
W-6
VOCs, PP 13 metals
NA
28'
B-7
W-7
VOCs, PP 13 metals
NA
28'
B-8
W-8
VOCs, PP 13 metals
NA
28'
B-9
W-9
VOCs, PP 13 metals
NA
28'
B-10
No sample
NA
NA
NA
SV- I
SV- I
VOCs
NA
NA
SV-2
SV-2
VOCs
NA
NA
SV-3
SV-3
VOCs
NA
NA
SVA
SV-4
VOCs
NA
NA
SV-5
SV-5
VOCs
NA
NA
SV-6
SV-6
VOCs
NA
NA
SV-7
SV-7
VOCs
NA
NA
SV-8
SV-8
VOCs
NA
NA
6 EBI Consulting
:EBI
Limited Subsurface Investigation Vanguard Centre
EBI Project # 12120259 5200 Seventy -Seven Center Drive, Charlotte, North Carolina
Soil Boring Sample ID Analytical Refusal (reason) Depth To GW
# I I Analysis
Notes: VOCs -Volatile organic compounds (VOCs) via EPA Method 8260 or TO-15
Metals — Priority Pollutants 13 metals via EPA Method 6010
W — Groundwater Grab Sample
SV — Soil Vapor Sample
4.4 GROUNDWATER SAMPLING AND ANALYSIS
Grab groundwater samples were collected from nine (9) temporary small -diameter PVC well screens
installed within the soil borings or from a stainless -steel, slotted, sampling probe using a low -flow
peristaltic pump and disposable tubing. The groundwater samples were collected in clean laboratory -
provided containers. The groundwater samples collected were observed to have high turbidity.
Samples collected for VOC analysis were preserved with hydrochloric acid to a pH less than 2. Samples
collected for soluble metals analysis were filtered by the laboratory within 24 hours of sample collection
using a 0.45 micron filter and then preserved with nitric acid. Each sample was labeled/logged onto a
chain -of -custody form, and placed in a cooler with ice for preservation in accordance with current
Federal EPA SW-846 (3rd ed.). After collection, the samples were submitted to an North Carolina
certified laboratory Accutest for analyses. The samples were analyzed for VOCs analysis via EPA
Method 8260 and Priority Pollutant 13 metals via EPA Method 6010 total and dissolved.
4.5 SOIL VAPOR SAMPLING AND ANALYSIS
EBI advanced eight (8) small diameter soil vapor sampling points at accessible locations using a direct -
push sampling rig or limited access sampling device. The soil vapor sampling points were advanced to a
maximum depth of five feet below the ground surface (bgs) and soil vapor samples were collected from
a depth of 5 feet in each of the eight locations using laboratory -provided passivated Summa canisters
with flow controllers and new tubing.
The samples were labeled/logged onto a chain -of -custody form. After collection, the samples were
submitted to an North Carolina certified laboratory, Accutest, for analysis. The samples were analyzed
for VOCs by EPA Method TO-15.
4.6 METHANE GAS SCREENING SURVEY
EBI conducted a methane gas screening survey at the Subject Property on October 5, 2012. This
screening survey was conducted within the first floor levels of selected buildings to screen for potential
methane vapors by utilizing a landfill meter. Five buildings (5200, 5250, 5350, 5500, and 5550) located
along the southwest portion of the Subject Property, in the vicinity of the adjacent landfill. The results
revealed concentrations of methane were at 0% lower explosive limit (LEL) in each of the 5 buildings
screened.
The results of the methane screening survey did not identify concentrations of methane gas in any of the
buildings surveyed that would pose an explosive concern.
7 EBI Consulting
:EBI
Limited Subsurface Investigation Vanguard Centre
EBI Project # 12120259 5200 Seventy -Seven Center Drive, Charlotte, North Carolina
4.7 ABANDONMENT OF BORINGS
Upon completion of the soil sampling activities, each soil boring was filled with the soil cuttings
generated during the sampling activities. The remaining void in each borehole was filled with bentonite
chips. The top two to four inches were backfilled with asphalt and compacted, where applicable.
8 EBI Consulting
:EBI
(' (� \ l f:
Limited Subsurface Investigation Vanguard Centre
EBI Project # 12120259 5200 Seventy -Seven Center Drive, Charlotte, North Carolina
5.0 RESULTS
Boring locations are illustrated on Figure 3, Boring Location Map.
5.1 GROUNDWATER ANALYSIS RESULTS
The groundwater samples were analyzed for VOCs analysis via EPA Method 8260 and Priority Pollutant
13 metals via EPA Method 6010 total and dissolved. Table 5.1 in Appendix B presents only the
contaminants identified above the laboratory method detection limits.
The analytical results revealed that concentrations of VOCs and Priority Pollutant 13 metals (total) were
detected above laboratory method detection limits in the groundwater samples collected. The
concentrations of VOCs were detected below the North Carolina Department of Environment and
Natural Resources (NCDENR) Inactive Hazardous Site Branch (IHSB) Groundwater Quality Standards
with the exception of tetrachloroethylene (PCE) in sample W-5 and trichloroethylene (TCE) in sample
W-8.
Arsenic, chromium, copper, lead, nickel and zinc (Priority Pollutant 13 metals via EPA Method 6010 -
total metals) were detected in several of the groundwater samples in excess of the IHSB Groundwater
Quality Standards. The analytical results of the groundwater samples collected from the temporary
monitoring wells that were analyzed for Priority Pollutant 13 metals via EPA Method 6010 (dissolved
metals) revealed the concentrations were either below the laboratory method detection limits or below
the NCDENR IHSB Groundwater Quality Standards.
EBI notes the laboratory method for the groundwater samples analyzed for Priority Pollutant 13 metals
via EPA Method 6010 (total metals) are not filtered prior to analysis. This method detects the total
metals, which includes both dissolved and un-dissolved metals. The groundwater samples collected
were observed to have high turbidity. Metals exist naturally in both dissolved and un-dissolved states
and some soils contain relatively high concentrations of naturally occurring un-dissolved metals. The
detection of elevated total metal levels in the unfiltered groundwater samples may be indicative of
naturally occurring metal in soil particles suspended in the groundwater sample and may not be evidence
of a release of hazardous materials. EBI notes that the concentrations of metals detected above the
NCDENR IHSB Groundwater Quality Standard were detected only in the samples analyzed for total
metals. When the groundwater samples were analyzed for dissolved metals, all of the concentrations
were either below the laboratory detection limits or below the NCDENR IHSB Groundwater Quality
Standard. Based on this information, it is EBI's opinion the metals detected in the total metals samples
are likely associated with the turbidity of the groundwater samples and not from a release.
EBI notes the concentrations of PCE (W-5, sampled collected from boundary adjacent to the former
landfill) and TCE (W-8, sampled collected from boundary adjacent to the nursery) detected in the
groundwater samples are consistent with the findings of the previous subsurface investigation conducted
at the adjoining properties. EBI notes the adjoining properties have been identified as the responsible
parties, indicating the impact to the groundwater had originated from the adjoining properties. The
groundwater impacts at the adjoining properties have been reported to the NCDENR and these sites
are identified by the regulatory agencies as the responsible parties for these releases.
9 EBI Consulting
IEBI
Limited Subsurface Investigation Vanguard Centre
EBI Project # 12120259 5200 Seventy -Seven Center Drive, Charlotte, North Carolina
5.2 SOIL VAPOR ANALYSIS RESULTS
The soil vapor samples were analyzed for VOCs via EPA Method TO-15. Table 5.2 in Appendix B
presents only the contaminants identified above the laboratory method detection limits.
The analytical results revealed concentrations of several VOCs. All of the soil vapor concentrations
detected were below the site applicable NCDENR IHSB Industrial/Commercial Vapor Intrusion
Acceptable Soil Gas Concentration. The Subject Property is presently used for commercial purposes
and the client stated that it will continue to be used for commercial purposes after purchase. Based on
the commercial use of the Subject Property, a potential soil vapor risk was not identified.
Laboratory soil vapor analytical results and complete laboratory data sheets and chain -of -custody
documentation are presented in Appendix C.
10 EBI Consulting
:EBI
(' (� \ l f:
Limited Subsurface Investigation Vanguard Centre
EBI Project # 12120259 5200 Seventy -Seven Center Drive, Charlotte, North Carolina
6.0 FINDINGS & CONCLUSIONS
The results of EBI's Limited Subsurface Investigation revealed:
• On September 25 and 26, 2012, EBI conducted a limited subsurface investigation to assess
subsurface across the Subject Property. A total of 8 soil vapor borings and 10 groundwater borings
were advanced at the Subject Property. The borings for groundwater samples were advanced in a
grid pattern around the perimeter of the Subject Property. The borings for soil vapor samples were
advanced adjacent to the exterior of the buildings located at the Subject Property. All of the soil
borings were advanced using a direct push rig operated by Probe Technology, Inc. Grab
groundwater samples were collected from nine (9) temporary small -diameter PVC well screens
installed within the soil borings or from a stainless -steel, slotted, sampling probe using a peristaltic
pump and disposable tubing. A groundwater sample could not be collected from Boring B-10 due to
no groundwater recharge to the temporary well. The samples were submitted to a North Carolina
certified laboratory Accutest for analyses. The samples were analyzed for VOCs analysis via EPA
Method 8260 and Priority Pollutant 13 metals via EPA Method 6010 (total and dissolved). The eight
(8) soil vapor sampling points were advanced to a maximum depth of five feet below the ground
surface (bgs) and soil vapor samples were collected from a depth of 5 feet in each of the eight
locations using laboratory -provided passivated Summa canisters with flow controllers and new
tubing. The samples were submitted to a North Carolina Certified laboratory, Accutest, for
analysis. The samples were analyzed for VOCs by EPA Method TO-15.
• The analytical results of the groundwater sampling revealed that no concentrations of VOCs (PCE
and TCE) and Priority Pollutant 13 metals (total) were detected that would pose an environmental
concern to the Subject Property were identified.
• All of the soil vapor concentrations detected were below the site applicable NCDENR IHSB
Industrial/Commercial Vapor Intrusion Acceptable Soil Gas Concentration. Based on the
commercial use of the Subject Property, a potential soil vapor risk was not identified.
• Although concentrations of PCE and TCE were detected at the site above the NCDENR
groundwater standards, remediation of these compounds would not likely be required by NCDENR
since; 1) the contaminants detected appear to originate from identified releases from the adjoining
landfill and nursery sites and are not the result of a specific discharge originating from the Subject
Property; 2) the site is located in an urban area and the groundwater in the vicinity of the Subject
Property is not a source of potable water, which is provided by the local municipality; and 3) the
current commercial office use of the site is not proposed to change. Based on the above
information, EBI concludes that a potential threat to human health and the environment has not
been identified.
I I EBI Consulting
:EBI
Limited Subsurface Investigation Vanguard Centre
EBI Project # 12120259 5200 Seventy -Seven Center Drive, Charlotte, North Carolina
• Concentrations of arsenic, chromium, copper, lead, nickel and zinc (Priority Pollutant 13 metals via
EPA Method 6010 - total metals) were detected in several of the groundwater samples in excess of
the IHSB Groundwater Quality Standards. The analytical results of the groundwater samples
collected from the temporary monitoring wells were analyzed for Priority Pollutant 13 metals via
EPA Method 6010 (dissolved metals) revealed the concentrations were either below the laboratory
method detection limits or below the NCDENR IHSB Groundwater Quality Standards. Based on
this information, it is EBI's opinion that the metals detected in the total metals samples are likely
associated with the turbidity of the groundwater samples and not from a release.
• The results of the methane screening survey did not identify concentrations of methane gas in any of
the buildings surveyed that would pose an explosive concern.
12 EBI Consulting
IEBI
Limited Subsurface Investigation Vanguard Centre
EBI Project # 12120259 5200 Seventy -Seven Center Drive, Charlotte, North Carolina
7.0 RECOMMENDATIONS
Based on the findings and conclusions of this limited subsurface investigation, EBI has no
recommendations for further investigations.
13 EBI Consulting
IEBI
Limited Subsurface Investigation Vanguard Centre
EBI Project # 12120259 5200 Seventy -Seven Center Drive, Charlotte, North Carolina
8.0 LIMITATIONS
This Report was prepared for the use of True North Management Group, LLC and WPFII-REIV, LLC. It
was performed in accordance with generally accepted practices of other consultants undertaking similar
studies at the same time and in the same locale under like circumstances. The conclusions provided by
EBI are based solely on the information obtained during the subsurface investigation. EBI renders no
opinion as to the presence of potential contamination in the areas not investigated. The observations in
this Report are valid on the date of the investigation. Any additional information that becomes available
concerning the Subject Property should be provided to EBI so that our conclusions may be revised and
modified, if necessary. This Report has been prepared in accordance with the proposal approved by
True North Management Group, LLC and WPFII-REIV, LLC and with the limitations described in
Attachment A, all of which are integral parts of this Report. No other warranty, expressed or implied, is
made.
14 EBI Consulting
II �' (� \ � I' I 'f I EBl
ATTACHMENT A
LIMITATIONS
The observations described in this Report were made under the conditions stated herein. The conclusions
presented are based solely upon the services described, and not on scientific tasks or procedures beyond
the scope of described services or the time and budgetary constraints imposed by Client. The work
described in this Report was carried out in accordance with terms and conditions in our Authorization
Letter and Agreement for Environmental Services regarding the Site, which are incorporated herein by
references.
In preparing this Report, EBI has relied on certain information provided by state and other referenced
parties, and on information contained in the files of federal, state and/or local agencies available to EBI at
the time of the assessment. Although there may have been some degree of overlap in the information
provided by these various sources, EBI did not attempt to independently verify the accuracy or
completeness of all information reviewed or received during the course of these Environmental Services.
Observations were made of the Site and of structures on the Site as indicated within the Report. Where
access to portions of the Site or to structures on the Site was unavailable or limited, EBI renders no
opinion as to the presence of oil or hazardous materials (OHM) in that portion of the Site or structure.
In addition, EBI renders no opinion as to the presence of OHM or the presence of indirect evidence
relating to OHM where direct observation of the interior walls, floor, or ceiling of a structure on a Site
was obstructed by objects or coverings on or over these surfaces. No representations concerning
insulating material is expressed or implied.
4. EBI did not perform testing or analyses to determine the presence or concentration of asbestos, radon,
or lead at the Site unless specifically stated otherwise in the Report. Similarly, no investigation of dust or
air quality was conducted unless specifically stated otherwise in the Report.
5. The purpose of this Report is to assess the physical characteristics of the Site with respect to the presence
of OHM in the environment. No specific attempt was made to determine the compliance of present or
past owners or operators of the Site with federal, state, or local laws or regulations (environmental or
otherwise).
6. Except as noted in the Report, no quantitative laboratory testing was performed as part of the assessment.
Where such analyses have been conducted by an outside laboratory, EBI has relied upon the data
provided, and has not conducted an independent evaluation of the reliability of this data.
7. Any qualitative or quantitative information regarding the Site, which was not available to EBI at the time of
this assessment may result in a modification of the representations made herein.
8. It is acknowledged that EBI judgments shall not be based on scientific or technical test or procedures
beyond the scope of the Services or beyond the time and budgetary constraints imposed by Client. It is
acknowledged further that EBI conclusions shall not rest on pure science but on such considerations as
economic feasibility and available alternatives. Client also acknowledges that, because geologic and soil
formations are inherently random, variable, and indeterminate in nature, the Services and opinions
provided under this Agreement with respect to such Services, are not guaranteed to be a representation
of actual conditions on the Site, which are also subject to change with time as a result of natural or man-
made processes, including water permeation. In performing the Services, EBI shall use that degree of care
and skill ordinarily exercised by environmental consultants or engineers performing similar services in the
same or similar locality. The standard of care shall be determined solely at the time the Services are
rendered and not according to standards utilized at a later date. The Services shall be rendered without
any other warranty, expressed or implied, including, without limitation, the warranty of merchant ability
and the warranty of fitness for a particular purpose.
Client and EBI agree that to the fullest extent permitted by law, EBI shall not be liable to Client for any
special, indirect or consequential damages whatsoever, whether caused by EBI's negligence, errors,
omissions, strict liability, breach of contract, breach of warranty or other cause of causes whatsoever.
EBI EBI Consulting
C 0 V% li 1 T I% C
FIGURES
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E B I Consulting
APPENDIX B
TABLES
EBI Consulting
Table 5.1
Groundwater Results Metals
Project:
IVangard Center, Charlotte, NC
Project Number:
112120259
Results flagged as "Exceed" if any
of the selected criteria exceeded (most stringent).
Legend:
Hit
Exceed
Client Sample ID:
NCDENR
Groundwater
Quality Standard
W1
W1
W2
W2
W3
W3
W4
W4
Lab Sample ID:
MC14395-1
MC14395.1F
MC14395-2
MC14395.2F
MC14395-3
MC14395.3F
MC14395.4
MC14395-4F
Date Sampled:
9/26/2012
9/26/2012
9126/2012
9/26/2012
9/26/2012
9/26/2012
9/26/2012
9/26/2012
Matrix:
Ground Water
Groundwater
Filtered
Ground Water
Groundwater
Filtered
Ground Water
Groundwater
Filtered
Ground Water
Groundwater
Filtered
Arsenic
ug/I
10
12.7 a
<4.0
<4.0
0
Beryllium
ug/I
--
.
4
<4.0
<8.0 a
<<44..0
Chromium
ug/I
10
412
<10 1080
<10
<10
Copper
ug/I
1000
904
<2
<25
T41.U3U.9-
350
<25
119
<25
Lead
ug/I
15
47.6
5
<5.0
33.3
<5.0
Nickel
ug/I
100
354a<4
56.6
123
<40
Zinc
ug/I
1000
769
4
20.6
505
225
Client Sample ID:
NCDENR
Groundwater
Quality Standard
W5
W5
W6
W6
W7
W7
W8
W8
Lab Sample ID:
MC14395-5
MC14395-5F
MC14395-6
MC14395-6F
MC14395-7
MC14395-7F
MC14395-8
MC14395-8F
Date Sampled:
9126/2012
9126/2012
9/26/2012
9/26/2012
9/26/2012
9/26/2012
9/26/2012
9/26/2012
Matrix:
Ground Water
Groundwater
Filtered
Ground Water
Groundwater
Filtered
Ground Water
Groundwater
Filtered
Ground Water
Groundwater
Filtered
Arsenic
ug/I
10
<4.0
<4.0
<20 a
<4.0
14.9 a
<4.0
13.5 °
<4.0
Beryllium
ug/I
--
<4.0
<4.0
<20'
<4.0
<20'
<4.0
<12 a
<4.0
Chromium
ug/I
10
505
<10
239 a
<10
716 a
<10
893 a
<10
Copper
ug/I
1000
783
<25
659a
<25
931a
<25
307a
<25
Lead
ug/I
15
10.6
<5.0
<25'
<5.0
59.9 a <5.0
50.1 a
<5.0
Nickel
ug/I
100
270
<40
205 a
<40
402 a <40
623 a
<40
Zinc
ug/I
1000
223
<20
568 a
24.2
887 a <20
857 a
<20
Client Sample ID:
W9
W9
NCDENR
Lab Sample ID:
Groundwater
MC14395-9
MC14395-9F
Date Sampled:
Quality Standard
9/26/2012
9/26/2012
Matrix:
Ground Water
Groundwater
Filtered
Table 5.1
Groundwater Results - VOCs
Project:
Van and Center, Charlotte, NC
Project Number:
12120259
Results flagged as "Exceed" if any
of the selected criteria exceeded (most stringent).
Legend:
Hit
Exceed
Client Sample ID:
NCDENR
Groundwater
Quality Standard
W1
W2
W3
W4
W5
W6
W7
W8
W9
Lab Sample ID:
MC14395-1
MC14395-2
MC14395-3
MC14395-4
MC14395-5
MC14395-6
MC14395-7
MC14395-8
MC14395-9
Date Sampled:
9/26/2012
9/26/2012
9/26/2012
9/26/2012
9/26/2012
9/26/2012
9/26/2012
9/26/2012
9/26/2012
Matrix:
Ground Water
Ground Water
Ground Water
Ground Water
Ground Water
Ground Water
Ground Water
Ground Water
Ground Water
Chlorobenzene
ug/I
50
2.6
ND (1.0)
ND (1.0)
1.3
ND (1.0)
ND (1.0)
ND (1.0)LND
)
ND (1.0)
Chloroform
ug/I
70
ND (1.0)
5.4
ND (1.0)
ND (1.0)
ND (1.0)
ND (1.0)
ND (1.0)
ND (1.0)
Dichlorodi0uoromethane
ug/I
1000
ND (2.0)
ND (2.0)
ND (2.0)
3.2
ND (2.0)
ND (2.0)
ND (2.0))
ND (2.0)
cis-1,2-Dichloroethane
ug/I
70
ND (1.0)
ND (1.0)
ND (1.0)
3.6
ND (1.0)
ND (1.0)
ND (1.0))
ND (1.0)
Tetrachloroethene
ug/I
0.7
ND (1.0)
ND (1.0)
ND (1.0)
ND (1.0)
2.3
ND (1.0)
ND (1.0))
ND (1.0)
Toluene
ug/I
600
ND (1.0)
ND (1.0)
ND (1.0)
ND (1.0)
ND (1.0)
ND (1.0)
ND (1.0))
1.1
richloroethene
ug
Table 5.1
Groundwater Results Metals
Project:
IVangard Center, Charlotte, NC
Project Number:
112120259
Results flagged as "Exceed" if any
of the selected criteria exceeded (most stringent).
Legend:
Hit
Exceed
Client Sample ID:
NCDENR
Groundwater
Quality Standard
W1
W1
W2
W2
W3
W3
W4
W4
Lab Sample ID:
MC14395-1
MC14395.1F
MC14395-2
MC14395.2F
MC14395-3
MC14395.3F
MC14395.4
MC14395-4F
Date Sampled:
9/26/2012
9/26/2012
9126/2012
9/26/2012
9/26/2012
9/26/2012
9/26/2012
9/26/2012
Matrix:
Ground Water
Groundwater
Filtered
Ground Water
Groundwater
Filtered
Ground Water
Groundwater
Filtered
Ground Water
Groundwater
Filtered
Arsenic
ug/I
10
12.7 a
<4.0
<4.0
0
Beryllium
ug/I
--
.
4
<4.0
<8.0 a
<<44..0
Chromium
ug/I
10
412
<10 1080
<10
<10
Copper
ug/I
1000
904
<2
<25
T41.U3U.9-
350
<25
119
<25
Lead
ug/I
15
47.6
5
<5.0
33.3
<5.0
Nickel
ug/I
100
354a<4
56.6
123
<40
Zinc
ug/I
1000
769
4
20.6
505
225
Client Sample ID:
NCDENR
Groundwater
Quality Standard
W5
W5
W6
W6
W7
W7
W8
W8
Lab Sample ID:
MC14395-5
MC14395-5F
MC14395-6
MC14395-6F
MC14395-7
MC14395-7F
MC14395-8
MC14395-8F
Date Sampled:
9126/2012
9126/2012
9/26/2012
9/26/2012
9/26/2012
9/26/2012
9/26/2012
9/26/2012
Matrix:
Ground Water
Groundwater
Filtered
Ground Water
Groundwater
Filtered
Ground Water
Groundwater
Filtered
Ground Water
Groundwater
Filtered
Arsenic
ug/I
10
<4.0
<4.0
<20 a
<4.0
14.9 a
<4.0
13.5 °
<4.0
Beryllium
ug/I
--
<4.0
<4.0
<20'
<4.0
<20'
<4.0
<12 a
<4.0
Chromium
ug/I
10
505
<10
239 a
<10
716 a
<10
893 a
<10
Copper
ug/I
1000
783
<25
659a
<25
931a
<25
307a
<25
Lead
ug/I
15
10.6
<5.0
<25'
<5.0
59.9 a <5.0
50.1 a
<5.0
Nickel
ug/I
100
270
<40
205 a
<40
402 a <40
623 a
<40
Zinc
ug/I
1000
223
<20
568 a
24.2
887 a <20
857 a
<20
Client Sample ID:
W9
W9
NCDENR
Lab Sample ID:
Groundwater
MC14395-9
MC14395-9F
Date Sampled:
Quality Standard
9/26/2012
9/26/2012
Matrix:
Ground Water
Groundwater
Filtered
APPENDIX C
LABORATORY ANALYTICAL RESULTS AND CHAIN -OF -CUSTODY DOCUMENTATION
E B I Consulting
. New England
■,�ccuTEST
L A H OR AT OR E E 5
Technical Report for
EBI Consulting
Vangard Center, Charlotte, NC
12120259
Accutest Job Number: MC 14395
Sampling Date: 09/26/ 12
Report to:
EBI Consulting
21 B Street
Burlington, MA
sclorety@ebiconsulting. com; rmur
ATTN: Stephanie Clorety
Total number of pages in report: 97
`��Q �N ACCpROq�
CVt �1
Q S
Test results contained within this data package meet the requirements
of the National Environmental Laboratory Accreditation Conference
and/or state specific certification programs as applicable.
e Hardcopy 2.0
Automated Report
1 1
com
Reza and
Lab Director
Client Service contact: Jeremy Vienneau 508-481-6200
Certifications: MA (M-MA136,SW846 NELAC) CT (PH-0109) NH (250210) RI (00071) ME (MA00136) FL (E87579)
NY (11791) NJ (MA926) PA (6801121) ND (R-188) CO MN (11546AA) NC (653) IL (002337) WI (399080220)
ISO 17025:2005 (L2235)
This report shall not be reproduced, except in its entirety, without the written approval of Accutest Laboratories.
Test results relate only to samples analyzed.
New England • 495 Tech Center West • Building 1 • Marlborough, MA 01752 • tel: 508-481-6200 • fax: 508-481-7753
Accutest Laboratories is the sole authority for authorizing edits or modifications to this
document. Unauthorized modification of this report is strictly prohibited.
http://www.accutest.com
■■ 1 of 97
ACCUTEST
MC14395
Sections:
Table of Contents
-1-
Section1: Sample Summary...................................................................................................
3
Section2: Summary of Hits....................................................................................................
5
Section3: Sample Results........................................................................................................
8
3.1: MC14395-1: W1...........................................................................................................
9
3.2: MC14395-IF: WI.........................................................................................................
13
3.3: MC14395-2: W2...........................................................................................................
14
3.4: MC14395-2F: W2.........................................................................................................
18
3.5: MC14395-3: W3...........................................................................................................
19
3.6: MC14395-3F: W3.........................................................................................................
23
3.7: MC14395-4: W4...........................................................................................................
24
3.8: MC14395-4F: W4.........................................................................................................
28
3.9: MC14395-5: W5...........................................................................................................
29
3.10: MC14395-5F: W5.......................................................................................................
33
3.11: MC14395-6: W6.........................................................................................................
34
3.12: MC14395-6F: W6.......................................................................................................
38
3.13: MC14395-7: W7.........................................................................................................
39
3.14: MC14395-7F: W7.......................................................................................................
43
3.15: MC14395-8: W8.........................................................................................................
44
3.16: MC14395-8F: W8.......................................................................................................
48
3.17: MC14395-9: W9.........................................................................................................
49
3.18: MC14395-9F: W9.......................................................................................................
53
Section4: Misc. Forms............................................................................................................
54
4.1: Chain of Custody...........................................................................................................
55
Section 5: GUMS Volatiles - QC Data Summaries..............................................................
58
5.1: Method Blank Summary................................................................................................
59
5.2: Blank Spike/Blank Spike Duplicate Summary..............................................................
62
5.3: Matrix Spike/Matrix Spike Duplicate Summary...........................................................
65
5.4: Surrogate Recovery Summaries.....................................................................................
68
Section 6: Metals Analysis - QC Data Summaries................................................................
69
6.1: Prep QC MP19737: Hg..................................................................................................
70
6.2: Prep QC MP19739: Sb,As,Be,Cd,Cr,Cu,Pb,Ni,Se,Ag,TI,Zn........................................
74
6.3: Prep QC MP 19748: Hg..................................................................................................
84
6.4: Prep QC MP19749: Sb,As,Be,Cd,Cr,Cu,Pb,Ni,Se,Ag,TI,Zn........................................
88
■ 2 of 97
ACCUTEST
MC14395 `oaoao.oa"�
Accutest Laboratories
Sample Summary
EBI Consulting
Vangard Center, Charlotte, NC
Project No: 12120259
Job No: MC14395
Sample Collected Matrix Client
Number Date Time By Received Code Type Sample ID
MC14395-1
09/26/12
09:00 RM
09/27/12
AQ
Ground Water
W1
MC14395-IF
09/26/12
09:00 RM
09/27/12
AQ
Groundwater Filtered
Wl
MC14395-2
09/26/12
10:20 RM
09/27/12
AQ
Ground Water
W2
MC14395-217
09/26/12
10:20 RM
09/27/12
AQ
Groundwater Filtered
W2
MC14395-3
09/26/12
11:00 RM
09/27/12
AQ
Ground Water
W3
MC14395-3F
09/26/12
11:00 RM
09/27/12
AQ
Groundwater Filtered
W3
MC14395-4
09/26/12
11:30 RM
09/27/12
AQ
Ground Water
W4
MC14395-4F
09/26/12
11:30 RM
09/27/12
AQ
Groundwater Filtered
W4
MC14395-5
09/26/12
12:00 RM
09/27/12
AQ
Ground Water
W5
MC14395-517
09/26/12
12:00 RM
09/27/12
AQ
Groundwater Filtered
W5
MC14395-6
09/26/12
13:15 RM
09/27/12
AQ
Ground Water
W6
MC14395-6F
09/26/12
13:15 RM
09/27/12
AQ
Groundwater Filtered
W6
MC14395-7
09/26/12
13:45 RM
09/27/12
AQ
Ground Water
W7
■ 3 of 97
E ACCUTEST
MC14395
Accutest Laboratories
Sample Summary
(continued)
EBI Consulting
Vangard Center, Charlotte, NC
Project No: 12120259
Job No: MC14395
ample Collected Matrix Client
lumber Date Time By Received Code Type Sample ID
MC14395-7F 09/26/12 13:45 RM 09/27/12 AQ Groundwater Filtered W7
MC14395-8 09/26/12 14:30 RM 09/27/12 AQ Ground Water W8
MC14395-8F 09/26/12 14:30 RM 09/27/12 AQ Groundwater Filtered W8
MC14395-9 09/26/12 17:00 RM 09/27/12 AQ Ground Water W9
MC14395-9F 09/26/12 17:00 RM 09/27/12 AQ Groundwater Filtered W9
■ 4 of 97
E ACCUTEST
MC14395 `oaoao.oa"�
Summary of Hits
Job Number:
MC14395
Account:
EBI Consulting
Project:
Vangard Center, Charlotte, NC
Collected:
09/26/ 12
Lab Sample ID Client Sample ID Result/
Analyte Qual RL MDL Units Method
MC14395-1
Wl
Chlorobenzene
2.6
1.0
ug/l
SW846 8260B
Arsenic a
12.7
8.0
ug/l
SW846 6010C
Beryllium a
30.4
8.0
ug/l
SW846 6010C
Chromium a
412
20
ug/l
SW846 6010C
Copper a
904
50
ug/1
SW846 6010C
Lead a
47.6
10
ug/l
SW846 6010C
Nickel a
354
80
ug/l
SW846 6010C
Zinc a
769
40
ug/l
SW846 6010C
MC14395-11F
W1
Zinc
24.8
20
ug/l
SW846 6010C
MC14395-2
W2
Chloroform
5.4
1.0
ug/l
SW846 8260B
Arsenic a
47.4
40
ug/l
SW846 6010C
Beryllium a
48.1
40
ug/l
SW846 6010C
Chromium a
1080
100
ug/l
SW846 6010C
Copper a
481
250
ug/l
SW846 6010C
Lead a
158
50
ug/l
SW846 6010C
Zinc a
1750
200
ug/l
SW846 6010C
MC14395-2F
W2
No hits reported
in this sample.
MC14395-3
W3
Arsenic a
38.5
20
ug/l
SW846 6010C
Beryllium a
24.2
20
ug/l
SW846 6010C
Chromium a
797
50
ug/l
SW846 6010C
Copper a
350
130
ug/l
SW846 6010C
Lead a
133
25
ug/l
SW846 6010C
Nickel a
373
200
ug/l
SW846 6010C
Zinc a
1300
100
ug/l
SW846 6010C
MC14395-31F
W3
Nickel
56.6
40
ug/l
SW846 6010C
Zinc
20.6
20
ug/l
SW846 6010C
Page 1 of 3
■ 5 of 97
E ACCUTEST
MC14395
Summary of Hits
Job Number:
MC14395
Account:
EBI Consulting
Project:
Vangard Center, Charlotte, NC
Collected:
09/26/ 12
Lab Sample ID Client Sample ID Result/
Analyte Qual RL MDL Units Method
Page 2 of 3
MC14395-4 W4
Chlorobenzene
1.3
1.0
ug/l
SW846 8260B
Dichlorodifluoromethane
3.2
2.0
ug/l
SW846 8260B
cis- 1, 2-Dichloroethene
3.6
1.0
ug/l
SW846 8260B
Arsenic
7.2
4.0
ug/l
SW846 6010C
Chromium
357
10
ug/1
SW846 6010C
Copper
119
25
ug/l
SW846 6010C
Lead
33.3
5.0
ug/l
SW846 6010C
Nickel
123
40
ug/l
SW846 6010C
Zinc
505
20
ug/l
SW846 6010C
MC143954F W4
Zinc
225
20
ug/l
SW846 6010C
MC14395-5 W5
Tetrachloroethene
2.3
1.0
ug/l
SW846 8260B
Chromium
505
10
ug/l
SW846 6010C
Copper
783
25
ug/l
SW846 6010C
Lead
10.6
5.0
ug/l
SW846 6010C
Nickel
270
40
ug/l
SW846 6010C
Zinc
223
20
ug/l
SW846 6010C
MC14395-5F W5
No hits reported in this sample.
MC14395-6 W6
Chromium a
239
50
ug/l
SW846 6010C
Copper a
659
130
ug/l
SW846 6010C
Nickel a
205
200
ug/l
SW846 6010C
Zinc a
568
100
ug/l
SW846 6010C
MC14395-61F W6
Zinc
24.2
20
ug/l
SW846 6010C
MC14395-7 W7
Arsenic a
14.9
12
ug/l
SW846 6010C
Chromium a
716
30
ug/l
SW846 6010C
Copper a
931
75
ug/l
SW846 6010C
■ 6 of 97
ACCUTEST
MC14395 `oaoao.oa"�
Summary of Hits
Job Number:
MC14395
Account:
EBI Consulting
Project:
Vangard Center, Charlotte, NC
Collected:
09/26/ 12
Lab Sample ID Client Sample ID Result/
Analyte Qual RL MDL Units Method
Lead a
59.9
15
ug/l
SW846 6010C
Nickel a
402
120
ug/l
SW846 6010C
Zinc a
887
60
ug/l
SW846 6010C
MC14395-71F W7
No hits reported in this sample.
MC14395-8 W8
Chloroform
2.1
1.0
ug/l
SW846 8260B
Trichloroethene
49.6
1.0
ug/l
SW846 8260B
Arsenic a
13.5
12
ug/l
SW846 6010C
Chromium a
893
30
ug/l
SW846 6010C
Copper a
307
75
ug/l
SW846 6010C
Lead a
50.1
15
ug/l
SW846 6010C
Nickel a
623
120
ug/l
SW846 6010C
Zinc a
857
60
ug/l
SW846 6010C
MC14395-8F W8
No hits reported in this sample.
MC14395-9 W9
Toluene
1.1
1.0
ug/l
SW846 8260B
Arsenic
13.3
4.0
ug/l
SW846 6010C
Beryllium
12.2
4.0
ug/l
SW846 6010C
Chromium
774
10
ug/l
SW846 6010C
Copper
1990
25
ug/l
SW846 6010C
Lead
19.2
5.0
ug/l
SW846 6010C
Nickel
205
40
ug/l
SW846 6010C
Zinc
404
20
ug/l
SW846 6010C
MC14395-9F W9
Zinc 24.1 20 ug/l SW846 6010C
(a) Elevated RL due to dilution required for matrix interference.
Page 3 of 3
■■ 7 of 97
ACCUTEST
MC14395
Section 3
New England
ACCUTEST
L A B O RAT D R I ES
Sample Results
Report of Analysis
■■ 8 of 97
E ACCUTEBT
MC14395 `A.... .1-
Accutest Laboratories
Report of Analysis Page 1 of 3
Client Sample ID: W 1
Lab Sample ID: MC14395-1 Date Sampled: 09/26/12
Matrix: AQ - Ground Water Date Received: 09/27/ 12
Method: SW846 8260B Percent Solids: n/a
Project: Vangard Center, Charlotte, NC
File ID DF Analyzed By Prep Date Prep Batch Analytical Batch
Run #1 V11764.1) 1 09/27/12 AMY n/a n/a MSV485
Run #2
Purge Volume
[Zun # 1 5.0 ml
Run #2
VOA 8260 List
CAS No. Compound Result RL Units Q
67-64-1
Acetone
ND
5.0
ug/l
71-43-2
Benzene
ND
0.50
ug/l
108-86-1
Bromobenzene
ND
5.0
ug/l
74-97-5
Bromochloromethane
ND
5.0
ug/l
75-27-4
Bromodichloromethane
ND
1.0
ug/l
75-25-2
Bromoform
ND
1.0
ug/l
74-83-9
Bromomethane
ND
2.0
ug/l
78-93-3
2-Butanone (MEK)
ND
5.0
ug/l
104-51-8
n-Butylbenzene
ND
5.0
ug/l
135-98-8
sec-Butylbenzene
ND
5.0
ug/l
98-06-6
tert-Butylbenzene
ND
5.0
ug/l
75-15-0
Carbon disulfide
ND
5.0
ug/l
56-23-5
Carbon tetrachloride
ND
1.0
ug/1
108-90-7
Chlorobenzene
2.6
1.0
ug/1
75-00-3
Chloroethane
ND
2.0
ug/l
67-66-3
Chloroform
ND
1.0
ug/l
74-87-3
Chloromethane
ND
2.0
ug/l
95-49-8
o-Chlorotoluene
ND
5.0
ug/l
106-43-4
p-Chlorotoluene
ND
5.0
ug/l
96-12-8
1,2-Dibromo-3-chloropropane
ND
5.0
ug/1
124-48-1
Dibromochloromethane
ND
1.0
ug/l
106-93-4
1,2-Dibromoethane
ND
2.0
ug/l
95-50-1
1,2-Dichlorobenzene
ND
1.0
ug/l
541-73-1
1,3-Dichlorobenzene
ND
1.0
ug/l
106-46-7
1,4-Dichlorobenzene
ND
1.0
ug/l
75-71-8
Dichlorodifluoromethane
ND
2.0
ug/l
75-34-3
1, 1 -Dichloroethane
ND
1.0
ug/l
107-06-2
1,2-Dichloroethane
ND
1.0
ug/l
75-35-4
1, 1 -Dichloroethene
ND
1.0
ug/l
156-59-2
cis-1,2-Dichloroethene
ND
1.0
ug/1
156-60-5
trans-1,2-Dichloroethene
ND
1.0
ug/l
78-87-5
1,2-Dichloropropane
ND
2.0
ug/l
ND = Not detected J = Indicates an estimated value
RL = Reporting Limit B = Indicates analyte found in associated method blank
E = Indicates value exceeds calibration range N = Indicates presumptive evidence of a compound
■■ 9 of 97
M A DMUTEST
MC14395 LPBDRATOR15
Accutest Laboratories
Report of Analysis
Client Sample ID: W 1
Lab Sample ID: MC14395-1 Date Sampled: 09/26/12
Matrix: AQ - Ground Water Date Received: 09/27/ 12
Method: SW846 8260B Percent Solids: n/a
Project: Vangard Center, Charlotte, NC
VOA 8260 List
CAS No.
Compound
Result
RL
Units Q
142-28-9
1,3-Dichloropropane
ND
5.0
ug/l
594-20-7
2,2-Dichloropropane
ND
5.0
ug/l
563-58-6
1, 1 -Dichloropropene
ND
5.0
ug/l
10061-01-5
cis- 1, 3-Dichloropropene
ND
0.50
ug/l
10061-02-6
trans- 1, 3-Dichloropropene
ND
0.50
ug/l
100-41-4
Ethylbenzene
ND
1.0
ug/l
87-68-3
Hexachlorobutadiene
ND
5.0
ug/l
591-78-6
2-Hexanone
ND
5.0
ug/l
74-88-4
Iodomethane
ND
5.0
ug/l
98-82-8
Isopropylbenzene
ND
5.0
ug/l
99-87-6
p-Isopropyltoluene
ND
5.0
ug/l
1634-04-4
Methyl Tert Butyl Ether
ND
1.0
ug/l
108-10-1
4-Methyl-2-pentanone (MIBK) ND
5.0
ug/l
74-95-3
Methylene bromide
ND
5.0
ug/l
75-09-2
Methylene chloride
ND
2.0
ug/l
91-20-3
Naphthalene
ND
5.0
ug/l
103-65-1
n-Propylbenzene
ND
5.0
ug/l
100-42-5
Styrene
ND
5.0
ug/l
630-20-6
1, 1, 1,2-Tetrachloroethane
ND
5.0
ug/l
79-34-5
1, 1, 2,2-Tetrachloroethane
ND
1.0
ug/l
127-18-4
Tetrachloroethene
ND
1.0
ug/l
108-88-3
Toluene
ND
1.0
ug/l
87-61-6
1,2,3-Trichlorobenzene
ND
5.0
ug/l
120-82-1
1,2,4-Trichlorobenzene
ND
5.0
ug/l
71-55-6
1, 1, 1 -Trichloroethane
ND
1.0
ug/l
79-00-5
1, 1, 2-Trichloroethane
ND
1.0
ug/l
79-01-6
Trichloroethene
ND
1.0
ug/l
75-69-4
Trichlorofluoromethane
ND
1.0
ug/l
96-18-4
1,2,3-Trichloropropane
ND
5.0
ug/l
95-63-6
1,2,4-Trimethylbenzene
ND
5.0
ug/l
108-67-8
1, 3, 5-Trimethylbenzene
ND
5.0
ug/l
108-05-4
Vinyl Acetate
ND
5.0
ug/l
75-01-4
Vinyl chloride
ND
1.0
ug/l
m,p-Xylene
ND
1.0
ug/l
95-47-6
o-Xylene
ND
1.0
ug/l
1330-20-7
Xylene (total)
ND
1.0
ug/l
CAS No.
Surrogate Recoveries
Run# 1
Run# 2
Limits
1868-53-7 Dibromofluoromethane 100%
70-130%
Page 2 of 3
ND = Not detected J = Indicates an estimated value
RL = Reporting Limit B = Indicates analyte found in associated method blank
E = Indicates value exceeds calibration range N = Indicates presumptive evidence of a compound
■■ 10 of 97
M A DMUTEST
MC14395 LPBDRATOR15
Accutest Laboratories
Report of Analysis
Client Sample ID: W 1
Lab Sample ID: MC14395-1 Date Sampled: 09/26/12
Matrix: AQ - Ground Water Date Received: 09/27/ 12
Method: SW846 8260B Percent Solids: n/a
Project: Vangard Center, Charlotte, NC
VOA 8260 List
CAS No. Surrogate Recoveries Run# 1 Run# 2 Limits
2037-26-5 Toluene-D8 103% 70-130%
460-00-4 4-Bromofluorobenzene 87% 70-130%
Page 3 of 3 j
ND = Not detected J = Indicates an estimated value
RL = Reporting Limit B = Indicates analyte found in associated method blank
E = Indicates value exceeds calibration range N = Indicates presumptive evidence of a compound
■■ 11 of 97
ACCUTEST
MC14395