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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 The Exchange i BBG PROJECT NO.: 0519000357 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 The Exchange 2 BBG PROJECT NO.: 0519000357 5200-5605 77 Center Drive 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. The Exchange 3 BBG PROJECT NO.: 0519000357 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 The Exchange 5 BBG PROJECT NO.: 0519000357 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, The Exchange 11 BBG PROJECT NO.: 0519000357 5200-5605 77 Center Drive 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 The Exchange 43 BBG PROJECT NO.: 0519000357 5200-5605 77 Center Drive 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 The Exchange 45 BBG PROJECT NO.: 0519000357 5200-5605 77 Center Drive 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 The Exchange 46 BBG PROJECT NO.: 0519000357 5200-5605 77 Center Drive Charlotte, North Carolina 28217 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 5200-5605 77 Center Drive 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: The Exchange 48 BBG PROJECT NO.: 0519000357 5200-5605 77 Center Drive 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 The Exchange 49 BBG PROJECT NO.: 0519000357 5200-5605 77 Center Drive Charlotte, North Carolina 28217 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 50 BBG PROJECT NO.: 0519000357 5200-5605 77 Center Drive 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. The Exchange 51 BBG PROJECT NO.: 0519000357 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 The Exchange 52 BBG PROJECT NO.: 0519000357 5200-5605 77 Center Drive 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 The Exchange 53 BBG PROJECT NO.: 0519000357 5200-5605 77 Center Drive Charlotte, North Carolina 28217 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 The Exchange 54 BBG PROJECT NO.: 0519000357 5200-5605 77 Center Drive 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 .�y r - - low TLMNJOWN Cri s CrfH.V r F } e a $ �' pS .' 160 l CFfEJPRV &ROOMLL DILWORTH } Fie a UTNSMEPARK l OVERS PARR Rk ROAD o FREEDOM PARK �¢ G = 44 U1 MYER5 P} MUNGWOOD Yorkmon# Park w{` 21 v C'3 �fT�7 rf� rtl v j YORKMOUNT WiirtefraJi {' rrF , NTCLAIRE-101T ' 41. O� rs� ETARMOUNT 5 dir,�r f+5�°d Rd r L x p ryme J` k Selwyn Park a' a -vA �' Sat,th y P4rA mail Fairmeadaws o f Spring Valley SEYEREY WOODS fir +Se hG fenn7.. f. PROPERTY LOCATION Base Map Source — Bing Maps The Exchange BBG PROJECT NO.: 0519000357 5200-5605 77 Center Drive Charlotte, North Carolina 28217 Whit Flex Appligtors (5301 Marsha NatiUs Crossing Rd) ^a , System Metrolina S" (519 Peat)Regional Gle Underwater Scholars ! r Services, Inc (5325 Academy } 5.n Marshall Air Dr (5 25) �' - ngle- - LL anrlily e i &nces fi J52,45 . i '_ ,"� ; - �•.. ili�gs �_ t. - - s & 41'� anions COMM .Church `ruet�'+ Keffer Prey a Ov d SWAN .: t(400 (1) Prior Landfill `huet Ln) -:Y Circle K 3: = NC Sc �oail.of.., (421) i Branch �'at" (y`�°\aFarg°. ' odywoXB20) _ r ` Sonny's 624 KqW ( ), + iz ( ) 0) V%ant e F ers Reayrarzf {`7Z6) , 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 { w e ll 10. Building 5350 11. Building 5500 12. Building 5510 The Exchange BBG PROJECT NO.: 0519000357 5200-5605 77 Center Drive Charlotte, North Carolina 28217 13. Building 5550 14. Building 5600 17. Asphalt condition 18. Damaged asphalt The Exchange BBG PROJECT NO.: 0519000357 5200-5605 77 Center Drive 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 The Exchange BBG PROJECT NO.: 0519000357 5200-5605 77 Center Drive 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 The Exchange BBG PROJECT NO.: 0519000357 5200-5605 77 Center Drive 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 The Exchange BBG PROJECT NO.: 0519000357 5200-5605 77 Center Drive Charlotte, North Carolina 28217 37. Facade detail 1 Amppm f 38. Fagade detail 71 39. Entrance doors 40. Terrace at 5200 The Exchange BBG PROJECT NO.: 0519000357 5200-5605 77 Center Drive 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 The Exchange BBG PROJECT NO.: 0519000357 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 The Exchange BBG PROJECT NO.: 0519000357 5200-5605 77 Center Drive 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 The Exchange BBG PROJECT NO.: 0519000357 5200-5605 77 Center Drive 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 The Exchange BBG PROJECT NO.: 0519000357 5200-5605 77 Center Drive 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 The Exchange BBG PROJECT NO.: 0519000357 5200-5605 77 Center Drive 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 �h618 91011, 2p'. INS go �op ���ae5Zt/-6 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� o'` a w M � 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 1"0rv'E F�'. kj 1OlKC Ritt� ��� hsatar '�'0:•. �� Notary's printed or typed name, Notary Public �0 fii is Sell) My commission expires: a/W h i °; Ao�Pus'.4Cpa9N : ��; BLAKE RILEY A-;= •4 4&y 2-N.. � Q- . •• ����, Notary Public, State of New irk Registration #01 RI635,11 fi NyJ Qualified In Westchester County 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 ��3�56789'0i CO O � r1 01 Z�ZZi. 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 EBI CONSULTING r fF . Subject Property 1 M IY ■ f 1 f � fr. � F r� I Site Location Map /L E B I Consulting ke LYYf r S ,L ' • �M1 *' •'' S �k Meth * .4 � �- � furl �#.` � 4 • �I' � - t,� _ Subject Property k f Jam{ ■ • r, y I � ��� � • ' LY Y � + ■ L + Ln .r U. C r _. x. •�� h _ a fl -Id . -.art '_` • *+* � .. I., 1 � _ _ *r .. ' w t�Gr, OL i - ' ; .� I��+; f i - �:•1•• T�rr,ar * ' . 4 ,� M Topographic Map /L ff ---A 7 E B I Consulting ai i y� ry ' �r -Imp &P" fr Y, E V 5 � � sv-1 H$ qu e { �— i • —�' - Wd � r "-14 #+4FL Rk � Y r _ w 5, I } � -� •fir 01 vI _r S1 L tit Boring Location Map -GroundwaLer 52mple Loeaaon Sod Vapor Sample Loeauon� 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