23088_EAM_PC Approval Email_Docs_Plat

From:Minnich, Carolyn
To:Fish, Jason; Franchina, David A.
Cc:michael scott; Lorscheider, Ellen; Nicholson, Bruce; Wahl, Tracy; Leonard, Laura; Samuel Watson
([e-mail]); Liggins, Shirley; Jesneck, Charlotte; Tatum, Katie; Macdonald, Janet K; Channell,
Ryan; Lumpkin, Samuel O.; Caldwell, Shawna W. ([e-mail]); Pierotti, Doug
Subject:23088 Approval to PC Electrical Apparatus Machine Co
Date:Thursday, December 3, 2020 5:42:00 PM
Attachments:23088 EAM Approval to PC Docs.pdf
Dear Mr. Fish & Mr. Franchina,
Based on acceptance by the Prospective Developer of drafts of all four required brownfieldsdocuments -- the Notice of Intent to Redevelop a Brownfields Property (NI), Summary of Notice ofIntent to Redevelop a Brownfields Property (SNI), Notice of Brownfields Property (NBP) and theBrownfields Agreement (Exhibit A to the NBP) -- and DEQ's approval of the plat component of the
NBP, Prospective Developer may now proceed to the tasks required by NCGS § 130.310.34(a) inconnection with the required public notice and comment period of at least 30 days regarding thesubject brownfields project. Those tasks are as follows:
1. Publish the approved SNI in a newspaper of general circulation serving the area in which thebrownfields property is located;
2. Conspicuously post a copy of the SNI at the Brownfields Property;
3. Mail or deliver the SNI to each owner of property contiguous to the Brownfields Property;
4. Provide a copy of the full NI to the local location where it will be available for public review asstated in the SNI; and
5. Provide a copy of the full NI, consisting of the one-page NI and the NBP with its three exhibits(Exhibit A, the Brownfields Agreement with its Exhibit 1, Exhibit 2 if used, and Exhibit 3 if used;
Exhibit B, the survey plat, and Exhibit C, the legal description), to all local governments havingjurisdiction over the Brownfields Property.
Pursuant to NCGS § 130.310.34.(b), the public comment period shall begin the day followingcompletion of the above public notice tasks. The date by which you have represented to theBrownfields Program that the last of the above tasks will be complete is Tuesday, December 8,2020. The NI and SNI, with this date filled in, are attached hereto for public notice purposes. The comment period shall not end any sooner than 30 days after you complete the public noticetasks, or 30 days after this published date, whichever is later.
NCGS § 130.310.34(b) also requires the Prospective Developer to submit documentation of thepublic notices to DEQ prior to DEQ entering into a Brownfields Agreement. That documentationshall be submitted by promptly providing to me, preferably at [e-mail] or at
Brownfields Program, 1646 Mail Service Center, Raleigh, NC 27699-1646, the following:
· Affidavit of publication of the SNI from the newspaper or a copy of the SNI published in
the newspaper which shows the name of the newspaper and the date of publication;
· Photos of the SNI posted at the site, one close up to show the wording and one far enough to
show the posting location relative to the property;
· Copies of the cover letters and copies of the mailing receipts stamped by the post office or
copies of the delivery service receipts for the SNI sent to contiguous property owners; and
· A letter confirming receipt of the full NI from each local government entity and the entity
where the document will be available for viewing or delivery confirmation from the carrierconfirming such receipt by these entities.
Thank you for your attention to these matters. If you have any questions or require additional
information, you may contact me. Carolyn

EAM/23088-19-060/2020.11.20

NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Electrical Apparatus & Machine Co. Brownfields Project Number: 23088-19-060 North Carolina’s Brownfields Property Reuse Act (the “Act”), North Carolina General Statutes (“NCGS”)
§ 130A-310.30 through 130A-310.40, provides for the safe redevelopment of abandoned, idled, or underused
properties at which expansion or redevelopment is hindered by actual or potential environmental contamination.
One of the Act’s requirements is the submittal of this Notice of Intent to Redevelop a Brownfields Property (“NI”)
that has been approved by the North Carolina Department of Environmental Quality (“DEQ”) for public notification
purposes as per NCGS § 130A-310.34(a). The NI shall provide, to the extent known, a legal description of the location
of the Brownfields Property, a map showing the location of the Brownfields Property, a description of the
contaminants involved and their concentrations in the media of the Brownfields Property, a description of the
intended future use of the Brownfields Property, any proposed investigation and remediation, and a proposed Notice
of Brownfields Property (“NBP”) prepared in accordance with NCGS § 130A-310.35. The proposed NBP for a
particular brownfields project is attached hereto. The proposed NBP includes the proposed Brownfields Agreement,
which is attached as Exhibit A, and the other required elements of this NI. A Summary of this Notice of Intent
(“SNI”) shall include a statement as to the public availability of the full NI. The party (“Prospective Developer”)
who desires to enter into a Brownfields Agreement with DEQ must provide a full copy of this NI to all local
governments having jurisdiction over the Brownfields Property.
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as
the day after which all of the following public notice tasks have occurred: the date the required SNI is: (1) published
in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2) conspicuously
posted at the Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written public comments may be submitted to DEQ within 30 days after the public comment
period begins. Written requests for a public meeting may be submitted to DEQ within 21 days after the public
comment period begins. These periods will start no sooner than Tuesday, December 8, 2020, and will end no sooner
than the later of: 1) 30 and 21 days, respectively, after that; or 2) 30 and 21 days, respectively, after completion of
the latest of the three (3) above-referenced tasks, if such completion occurs later than the date stated herein. All
comments and meeting requests should be addressed as follows:

Mr. Bruce Nicholson Brownfields Program Manager Division of Waste Management NC Department of Environmental Quality 1646 Mail Service Center Raleigh, North Carolina 27699-1646

EAM/23088-19-060/2020.11.23
SUMMARY OF NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Electrical Apparatus &Machine Co. Brownfields Project Number: 23088-19-060 Pursuant to the North Carolina Brownfields Property Reuse Act (the “Act”) authorized by North
Carolina General Statutes (NCGS) § 130A-310.30 through 130A-310.40, and specifically pursuant to
NCGS § 130A-310.34, Golden Nugget Associates Owner, LLC, as Prospective Developer, has filed with
the North Carolina Department of Environmental Quality (“DEQ”) a Notice of Intent to Redevelop a
Brownfields Property (“Property”) located at 1115 South Mint Street, Charlotte, Mecklenburg County.
The Brownfields Property, which is the former site of Electrical Apparatus & Machine Company,
consists of 2.2636 acres. Environmental contamination exists on the Brownfields Property in
groundwater and soil gas. Golden Nugget Associates Owner, LLC has committed itself to redevelop the
Brownfields Property for no uses other than office, retail, parking, high density residential, open space
and subject to DEQ’s prior written approval, other commercial uses. The Notice of Intent to Redevelop
a Brownfields Property includes: (1) a proposed Brownfields Agreement between DEQ and Golden
Nugget Associates Owner, LLC, which in turn includes (a) a map showing the location of the Property,
(b) a description of the contaminants involved and their concentrations in the media of the Property, (c)
the above-stated description of the intended future use of the Brownfields Property, and (d) proposed
investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in
accordance with NCGS § 130A-310.35.

The full Notice of Intent to Redevelop a Brownfields Property may be reviewed online at the
DEQ public record database, Laserfiche, by entering the project number 23088-19-060 into the search
bar at the following web address:
https://edocs.deq.nc.gov/WasteManagement/Welcome.aspx?dbid=0&repo=WasteManagement

The “Act” requires a public comment period of at least 30 days. The first day of public comment
is defined as the day after which all of the following public notice tasks have occurred: the date this
Notice is: (1) published in a newspaper of general circulation serving the area in which the Brownfields
Property is located; (2) conspicuously posted at the Brownfields Property; and (3) mailed or delivered
to each owner of property contiguous to the Brownfields Property. Written public comments may be
submitted to DEQ within 30 days after the public comment period begins. Written requests for a public
meeting may be submitted to DEQ within 21 days after the public comment period begins. These periods
will start no sooner than Tuesday, December 8, 2020, and will end no sooner than the later of: 1) 30 and
21 days, respectively, after that; or 2) 30 and 21 days, respectively, after completion of the latest of the
three (3) above-referenced tasks, if such completion occurs later than the date stated herein. All public
comments and public meeting requests should be addressed as follows:
Mr. Bruce Nicholson Brownfields Program Manager
Division of Waste Management NC Department of Environmental Quality 1646 Mail Service Center Raleigh, North Carolina 27699-1646

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Property Owner: Golden Nugget Associates Owner, LLC Recorded in Book ____, Page ____ Associated plat recorded in Plat Book ____, Page ____ NOTICE OF BROWNFIELDS PROPERTY Brownfields Property Name: Electrical Apparatus & Machine Co. Brownfields Project Number: 23088-19-060
This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat component, have been filed this _____ day of __________________, 202__ by Golden Nugget Associates Owner, LLC (“Prospective Developer”). This Notice concerns contaminated property.
A copy of this Notice certified by the North Carolina Department of Environmental Quality (“DEQ”) is required to be filed in the Register of Deeds’ Office in the county or counties in which the land is located, pursuant to North Carolina General Statutes (“NCGS”), § 130A-310.35(b).
This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate the danger to public health or the environment posed by environmental contamination at a property (“Brownfields Property”) being addressed under the Brownfields Property Reuse Act of 1997, NCGS § 130A, Article 9, Part 5 (“Act”).
Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified copy of this Notice within 15 days of Prospective Developer’s receipt of DEQ’s approval of the Notice or Prospective Developer’s entry into the Brownfields Agreement required by the Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the
grantor index under the names of the owners of the land and, if Prospective Developer is not the owner, also under the Prospective Developer’s name. The Brownfields Property is one (1) parcel approximately 2.2636 acres (Mecklenburg
County Tax Parcel Identification Number 07306426). Currently, the Brownfields Property is vacant and structures have been demolished. Golden Nugget Associates Owner, LLC intends to redevelop the Brownfields Property with mixed use development containing over 300 high density

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residential apartments with ground floor retail space, office, parking, open space, and subject to
DEQ’s prior written approval, other commercial uses. Historical operations on the Brownfields Property include Electrical Apparatus & Machine Co., furniture manufacturing, materials storage, commercial, office, parking, and residential uses. Groundwater and soil vapor are contaminated at the Brownfields Property due to historical operations conducted thereon and/or in the surrounding
area.
The Brownfields Agreement between Prospective Developer and DEQ is attached hereto as Exhibit A. It is required by NCGS § 130A-310.32 and sets forth the use that may be made of the Brownfields Property and the measures to be taken to protect public health and the environment. The Brownfields Agreement’s Exhibit 2 consists of one or more data tables reflecting the concentrations of and other information regarding the Brownfields Property’s regulated substances and contaminants. Attached as Exhibit B to this Notice is a reduction, to 8.5 inches x 11 inches, of the survey
plat component of this Notice. This plat shows areas designated by DEQ, has been prepared and
certified by a professional land surveyor, meets the requirements of NCGS § 47-30, and complies with NCGS § 130A-310.35(a)’s requirement that the Notice identify: (1) The location and dimensions of the areas of potential environmental concern with respect to permanently surveyed benchmarks.
(2) The type, location and quantity of regulated substances and contaminants known to exist on the Brownfields Property. Attached hereto as Exhibit C is a legal description of the Brownfields Property that would
be sufficient as a description of the property in an instrument of conveyance.
LAND USE RESTRICTIONS NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the current and future use of the Brownfields Property that are necessary or useful to maintain the
level of protection appropriate for the designated current or future use of the Brownfields Property and that are designated in the Brownfields Agreement. The restrictions shall remain in force in perpetuity unless canceled by the Secretary of DEQ (or its successor in function), or his/her designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e). All references to DEQ shall be understood to include any successor in function. The land use restrictions below have been excerpted verbatim from paragraph 12 of the Brownfields Agreement, and all subparagraph letters/numbers are the same as those used in the Brownfields Agreement. The following land use restrictions are hereby imposed on the Brownfields Property: a. No use may be made of the Brownfields Property other than for office, retail, parking, high density residential, open space, and subject to DEQ’s prior written approval, other commercial uses. For purposes of this restriction, the following definitions apply:

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i. “Office” is defined as a place where business or professional services
are provided. ii. “Retail” is defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service, farmer’s markets, food festivals, and the sales of food and beverage products, including from
mobile establishments such as food trucks.
iii. “Parking” is defined as the temporary accommodation of motor vehicles in an area designed for same. iv. “High Density Residential” is defined as permanent dwellings where residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures
is usable by all residents and not privately owned as part of a particular unit (e.g., privately-owned courtyards are prohibited), and may include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages. Single family homes are prohibited; townhomes, duplexes or other units with yards are prohibited unless approved in
writing by DEQ in advance.
v. “Open Space” is defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, parks, or detention facilities for storm water . vi. “Commercial” is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation:
i. demolition of existing buildings, if applicable;
ii. soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports; iii. issues related to potential sources of contamination referenced in Exhibit 2;
iv. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil contamination); and v. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of excavated soil during
redevelopment; c. No later than January 31 after each one-year anniversary of the effective date of this Agreement for as long as physical redevelopment of the Brownfields Property continues

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(except that the final deadline shall fall 90 days after the conclusion of physical redevelopment),
the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval on environment-related activities since the last report, with a summary and drawings, that describes: i. actions taken on the Brownfields Property in accordance with Section
VI: Work to be Performed above;
ii. soil grading and cut and fill actions; iii. methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media; iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater, or other materials
suspected or confirmed to be contaminated with regulated substances; and v. removal of any contaminated soil, water or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all legally required manifests shall be included).

d. Unless compliance with this Land Use Restriction is waived in writing in advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all buildings on the Brownfields Property depicted on the plat component of the Notice referenced in paragraph 16 below shall be in accordance with applicable legal requirements, including
without limitation those related to lead and asbestos abatement that are administered by the
Health Hazards Control Unit within the Division of Public Health of the North Carolina Department of Health and Human Services. e. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure the Brownfields Property will be suitable for the uses specified in subparagraph 12.a above while fully protecting public health and the environment. f. No activity that disturbs soil on the Brownfields Property, may occur unless and
until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in subparagraph 12.a above while fully protecting public health and the environment, except: i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair (if only by email) of any such repair, or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined above in subparagraph 12.b. g. Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ,

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unless conducted in accordance with an approved EMP as outlined above in subparagraph 12.b.
h. No enclosed building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 16 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building’s users, public health and the environment from the risk of vapor intrusion based on a site-specific risk assessment using reasonably current and thorough site assessment data to DEQ’s written satisfaction;
ii. the building is or would be sufficiently distant from the Brownfields
Property’s groundwater and/or soil contamination based on reasonably current and thorough site-specific assessment data to DEQ’s written satisfaction such that the building’s users, public health and the environment will be protected from risk of vapor intrusion related to said contamination; or
iii. vapor intrusion mitigation measures are or shall be designed, installed,
inspected, and implemented in a manner, subject to DEQ’s written satisfaction, that fully protects public health to the written satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s professional seal certifying in a report that: 1) the vapor intrusion mitigation system is designed to protect public health, 2) they personally inspected the
installation of the system, and 3) the integrity of the system as installed, based on sufficient
performance testing, has not been compromised. Such a report shall include photographs and a description of the installation and performance of said measures to DEQ’s written satisfaction. All design specifications for vapor intrusion mitigation measures shall be submitted to DEQ in advance of installation and/or implementation of said measures. Any design specifications shall
include methodology(ies) for demonstrating performance of said measures and shall be
submitted to DEQ in advance of installation and/or implementation, with such installation and implementation subject to DEQ’s written satisfaction. i. 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.
j. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by DEQ in advance.

k. Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: “This property is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County land records, Book ________, Page ____.” A copy of any such instrument shall be sent to the

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persons listed in Section XVII (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said redactions comply with the confidentiality and trade secret provisions of the North Carolina Public Records Law. The owner may use the following mechanisms to comply with the obligations of this subparagraph: (i) If every lease and rider is identical in form, the owner conveying an interest
may provide DEQ with copies of a form lease or rider evidencing compliance with this
subparagraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XVII (Notices and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XVII.
l. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement, and as modified by DEQ in writing if additional contaminants in excess of applicable standards are discovered at the Brownfields Property, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities; ii. in fluids in vehicles; iii. as constituents of products and materials customarily used and stored in office, retail or multi-family residential environments, provided such products and materials
are stored in original retail packaging and used and disposed of in accordance with applicable
laws; iv. for vehicle maintenance, service, car wash and body work in compliance with applicable law (though vehicle parts and tools may not be washed in chlorinated solvents containing any contaminants known to be present in the environmental media at the
Brownfields Property);
v. 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 vi. as fuel or other fluids customarily used in vehicles, landscaping
equipment and emergency generators.
m. During January of each year after the year in which the Notice referenced below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to
DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that the land use restrictions are being complied with. If the property is transferred, the grantor shall submit a LURU (as outlined above) which covers the period of time they owned the property.
The submitted LURU shall state the following:
i. the name, mailing address, telephone number, and contact person’s e-mail 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 during the previous calendar year;

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ii. the transferee’s name, mailing address, telephone number, 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 during the previous calendar year; iii. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 12.h above are performing as designed, and whether the uses of the ground
floors, including any tenant renovations that may potentially disturb the existing structure ground
surface floor, of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how, and under which precautions so as not to interfere with the operation of said system. iv. A joint LURU may be submitted for multiple owners by a duly
constituted board or association and shall include the name, mailing address, telephone number,
and contact person’s e-mail address of the entity submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is submitted. For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ Brownfields Property Management Unit referenced in subparagraph 31.a. of Exhibit A hereto, at the address stated therein. ENFORCEMENT
The above land use restrictions shall be enforceable without regard to lack of privity of estate or contract, lack of benefit to particular land, or lack of any property interest in particular land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The land use restrictions may also be enforced by DEQ through the remedies provided in NCGS §
130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having
jurisdiction over any part of the Brownfields Property; and by any person eligible for liability protection under the Brownfields Property Reuse Act who will lose liability protection if the restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement
by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of
the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the same violation or as to one occurring prior or subsequent thereto. FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Brownfields Property is sold, leased, conveyed or transferred, pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the description section, in no smaller type than that used in the body of the deed or instrument, a statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a brownfields property under the Brownfields Property Reuse Act.

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IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this _____ day of _______________, 202__. Golden Nugget Associates Owner, LLC

By:______________________________________ Stephen M. McClure Manager of Spectrum Development Company, LLC, the Manager of Golden Nugget Associates Owner, LLC

NORTH CAROLINA _______________ COUNTY I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated: ________________________________.
Date: ___________________ ___________________________________ Official Signature of Notary
___________________________________
(Official Seal) Notary’s printed or typed name, Notary Public My commission expires: _____________________

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************************************
APPROVAL AND CERTIFICATION OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
The foregoing Notice of Brownfields Property is hereby approved and certified.
North Carolina Department of Environmental Quality By: _________________________________________ ________________________
Ellen Lorscheider Date
Deputy Director, Division of Waste Management

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EXHIBIT A NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: Golden Nugget Associates Owner, LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re: BROWNFIELDS PROPERTY REUSE ACT ) Electrical Apparatus & Machine Co. OF 1997, NCGS § 130A-310.30, et seq. ) 1115 S Mint Street
Brownfields Project No. 23088-19-060 ) Charlotte, Mecklenburg County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and Golden Nugget Associates Owner, LLC
(collectively the "Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS §
130A-310.30, et seq. (the “Act”) for the property located at 1115 S Mint Street, Charlotte (the
“Brownfields Property”). A map showing the location of the Brownfields Property that is the
subject of this Agreement is attached hereto as Exhibit 1.
The Prospective Developer is Golden Nugget Associates Owner, LLC, a North Carolina
limited liability company formed on January 17, 2020, headquartered at 300 South Tryon Street,
Suite 200, Charlotte, North Carolina. Its manager is Spectrum Development Company, LLC, the
manager of which is Stephen M. McClure, both of the same address.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section X (Certification), Section XI (DEQ’s Covenant Not to Sue and
Reservation of Rights) and Section XII (Prospective Developer’s Covenant Not to Sue), the
potential liability of Golden Nugget Associates Owner, LLC for contaminants at the Brownfields

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Property.
The Parties agree that Golden Nugget Associates Owner, LLC’s entry into this
Agreement, and the actions undertaken by Golden Nugget Associates Owner, LLC in accordance
with the Agreement, do not constitute an admission of any liability by Golden Nugget Associates
Owner, LLC for contaminants at the Brownfields Property. The resolution of this potential
liability, in exchange for the benefit Golden Nugget Associates Owner, LLC shall provide to
DEQ, is in the public interest.
II. DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
1. “Brownfields Property” shall mean the property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2. “Prospective Developer” shall mean Golden Nugget Associates Owner, LLC.
III. BROWNFIELDS PROPERTY INFORMATION SUMMARY
3. Relevant information about the history, ownership, and uses of the Brownfields
Property is provided in the following summary table. Refer to Exhibit 2 to this Agreement that
presents data table(s) of the contaminants present at the Brownfields Property at concentrations
above their applicable standards or screening levels for each media sampled.
BROWNFIELDS PROPERTY INFORMATION SUMMARY
Parcel Address(es) & Parcel
IDs 07306426
Acreage 2.2636
Current Property Owner Golden Nugget Associates Owner, LLC

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BROWNFIELDS PROPERTY INFORMATION SUMMARY Current Land Use(s) Commercial, office, parking
Site Vicinity Land Use(s) Mix of residential and commercial development since the early 1920s. Mostly commercial and industrial from at least 1970s to the present.
Proposed Reuse(s) Mixed-use development containing over 300 apartment units with ground floor retail space, parking, and open space
Public Benefits of Reuse
Redevelopment will make the highest and best use of the
space revitalizing this area while adhering to the South End Vision Plan. Redevelopment will create temporary construction jobs, support tax base and increase the productive use of the property, attracting businesses serving
local residents.
Existing Land Use
Restrictions Prior to
Brownfields Agreement
None

ENVIRONMENTAL INFORMATION SUMMARY Historical Operations & Contaminant Sources Electrical component and furniture manufacturing, materials storage, commercial, office, parking, and residential uses
Current Operations/Activities Vacant, building demolished and soil export operations
Contaminated Media
Soil: Minor soil impacts were identified. Total arsenic and
total chromium were detected and assumed to be naturally
occurring background concentrations. Beneficial Soil Reuse sampling was conducted to approve up to 20,000 cubic yards of export. Soil where impacts was detected has been removed from the Brownfields Property pursuant to DEQ-approved
Environmental Management Plan referenced below in
subparagraph 12.b. Groundwater: Two rounds of groundwater sampling have been collected. Impacts are minor with metals and chlorinated
solvents. Carbon tetrachloride was detected above 2 L
standards. Soil Gas: Tetrachloroethylene and 1,3-Butadiene were
detected in soil gas above residential Vapor Intrusion
Screening Levels(VISLs). No exceedances of non-residential VISLs were reported. No additional assessment is required based on the redevelopment plans submitted.
ID Numbers/Permits None
Onsite Receptors Considered Construction workers, on-site workers, future residents,
visitors, animals (dog park), and trespassers

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ENVIRONMENTAL INFORMATION SUMMARY
Potential Offsite Receptors Considered
i. Water supply wells: none within 1,500 ft ii. Residential structures and a church located to the northeast. iii. Surface water: none within 1,500 ft
Potential offsite migration pathways
Groundwater: No identified uses downgradient. Soil Vapor: No known issues at the time of assessment.

4. Environmental reports regarding the Brownfields Property referred to hereinafter as
the “Environmental Reports,” include, but are not limited to, those that the Prospective
Developer obtained or commissioned regarding the Brownfields Property:
Title Prepared by Date of Report
Phase I Environmental Site Assessment Carson, Mint & Palmer Gold District Parcels Wood Environmental & Infrastructure Solutions, Inc. September 11, 2019
Report of Phase II Environmental Site Assessment Carson, Mint & Palmer Gold District Parcels Wood Environmental & Infrastructure Solutions, Inc. September 11, 2019
Environmental Management Plan Former Electrical Apparatus & Machine Company Wood Environmental & Infrastructure Solutions, Inc. June 1, 2020
Beneficial Reuse Soil Assessment Report Electrical Apparatus & Machine Company Wood Environmental & Infrastructure Solutions, Inc. June 12, 2020
Groundwater Sampling & Analysis Report Wood Environmental & Infrastructure Solutions, Inc. July 31, 2020

IV. PROSPECTIVE DEVELOPER’S INVOLVEMENT 5. For purposes of this Agreement DEQ relies on Prospective Developer’s
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (BPA) dated December 17, 2019 and the
following:

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a. On January 23, 2020, Prospective Developer purchased the Brownfields
Property;
b. On September 18, 2020, DEQ received a letter with updated Prospective
Developer entity and affidavit. The initial application was under the name Golden Nugget
Associates, LLC and it was changed to a new entity, Golden Nugget Associates Owner, LLC;
c. The Prospective Developer needed to immediately begin redevelopment on the
Brownfields Property, which resulted in the following:
i. Prospective Developer’s submittal, and DEQ’s approval, of an
Environmental Management Plan (EMP), finalized on June 1, 2020;
ii. DEQ’s preparation of its June 24, 2020 Soil Transfer Approval
Letter for the Brownfields Property, of up to 20,000 cubic yards of soil transferred to Matheson
Ave Creek and Matheson Ave II Brownfields Properties;
iii. DEQ’s review and approval of the Vapor Intrusion Mitigation
System Design for Former Electric Apparatus & Machine Company dated September 22, 2020
prepared by Wood Environmental &Infrastructure Inc.; and
iv. DEQ’s preparation of its October 26, 2020 Soil Management
Options Letter for the Brownfields Property, for approximately 700 cubic yards of soil to be
exported from the Brownfields Property.
6. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has

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substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial, and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
7. The Parties agree that a $30,000 “Redevelopment Now” fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a
change is sought to a Brownfields document after it is in effect, in which case there shall be an
additional fee of at least $1,000.
V. BENEFIT TO COMMUNITY
8. The redevelopment of the Brownfields Property proposed herein would provide the

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following public benefits:
a. an increase in the Brownfields Property’s productivity;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of approximately 500 construction jobs and 200 full-time jobs
after redevelopment is completed;
d. an increase in tax revenue for affected jurisdictions;
e. additional retail, office, and residential space for the area;
f. expanded use of public transportation which reduces traffic, improves air
quality, and reduces our carbon footprint; and
g. “smart growth” through use of land in an already developed area, which avoids
development of land beyond the urban fringe (“greenfields”).

VI. WORK TO BE PERFORMED
9. The guidelines as embodied in their most current version, including parameters,
principles and policies within which the desired results are to be accomplished are (as to: field
procedures, laboratory testing, Brownfields Program requirements, and remedial or mitigation
measures):
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund
Section;
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Program Assessment Work Plan Checklist; and
d. the Brownfields Survey Plat Checklist.

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10. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) credit categories incorporated into the U.S. Green Building Council
Leadership in Energy and Environmental Design (LEED) certification program (Integrative
Process, Location and Transportation, Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Innovation, and Regional
Priority), or a similar program.
11. Based on the information in the Environmental Reports, other available reports, and
subject to imposition of and compliance with the land use restrictions set forth below, and
subject to Section XI of this Agreement (DEQ’s Covenant Not to Sue and Reservation of
Rights), DEQ is not requiring Prospective Developer to perform any active remediation at the
Brownfields Property other than remediation that may be required pursuant to a DEQ-approved
Environmental Management Plan (EMP) as specified in subparagraph 12.b below.
VII. LAND USE RESTRICTIONS
12. By way of the Notice of Brownfields Property referenced below in paragraph 16,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.
a. No use may be made of the Brownfields Property other than for office, retail,
parking, high density residential, open space, and subject to DEQ’s prior written approval, other
commercial uses. For purposes of this restriction, the following definitions apply:

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i. “Office” is defined as a place where business or professional services are
provided.
ii. “Retail” is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
farmer’s markets, food festivals, and the sales of food and beverage products, including from
mobile establishments such as food trucks.
iii. “Parking” is defined as the temporary accommodation of motor
vehicles in an area designed for same.
iv. “High Density Residential” is defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures
is usable by all residents and not privately owned as part of a particular unit (e.g., privately-
owned courtyards are prohibited), and may include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages. Single family homes are
prohibited; townhomes, duplexes or other units with yards are prohibited unless approved in
writing by DEQ in advance.
v. “Open Space” is defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, parks, or detention facilities
for stormwater .
vi. “Commercial” is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. Physical redevelopment of the Brownfields Property may not occur other than

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in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved
in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. demolition of existing buildings, if applicable;
ii. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
iii. issues related to potential sources of contamination referenced in
Exhibit 2;
iv. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil
contamination); and
v. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of excavated soil during
redevelopment;
c. No later than January 31 after each one-year anniversary of the effective date of
this Agreement for as long as physical redevelopment of the Brownfields Property continues
(except that the final deadline shall fall 90 days after the conclusion of physical redevelopment),

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the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ
approval on environment-related activities since the last report, with a summary and drawings,
that describes:
i. actions taken on the Brownfields Property in accordance with Section VI:
Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and laboratory
analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater, or other materials suspected
or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
d. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
in paragraph 16 below shall be in accordance with applicable legal requirements, including
without limitation those related to lead and asbestos abatement that are administered by the
Health Hazards Control Unit within the Division of Public Health of the North Carolina
Department of Health and Human Services.
e. Groundwater at the Brownfields Property may not be used for any purpose

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without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure the Brownfields Property will be suitable for the uses specified in subparagraph 12.a
above while fully protecting public health and the environment.
f. No activity that disturbs soil on the Brownfields Property, may occur unless and
until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 12.a above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined above in subparagraph 12.b.
g. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined above in subparagraph 12.b.
h. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 16 below, may be occupied until DEQ determines in writing

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that:
i. the building is or would be protective of the building’s users, public
health and the environment from the risk of vapor intrusion based on a site-specific risk
assessment using reasonably current and thorough site assessment data to DEQ’s written
satisfaction;
ii. the building is or would be sufficiently distant from the Brownfields
Property’s groundwater and/or soil contamination based on reasonably current and thorough site-
specific assessment data to DEQ’s written satisfaction such that the building’s users, public
health and the environment will be protected from risk of vapor intrusion related to said
contamination; or
iii. vapor intrusion mitigation measures are or shall be designed, installed,
inspected, and implemented in a manner, subject to DEQ’s written satisfaction, that fully protects
public health to the written satisfaction of a professional engineer licensed in North Carolina, as
evidenced by said engineer’s professional seal certifying in a report that: 1) the vapor intrusion
mitigation system is designed to protect public health, 2) they personally inspected the
installation of the system, and 3) the integrity of the system as installed, based on sufficient
performance testing, has not been compromised. Such a report shall include photographs and a
description of the installation and performance of said measures to DEQ’s written satisfaction.
All design specifications for vapor intrusion mitigation measures shall be submitted to DEQ in
advance of installation and/or implementation of said measures. Any design specifications shall
include methodology(ies) for demonstrating performance of said measures and shall be
submitted to DEQ in advance of installation and/or implementation, with such installation and

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implementation subject to DEQ’s written satisfaction.
i. 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.
j. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants shall be responsible for repair of any such wells to DEQ’s written satisfaction and
within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance.
k. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: “This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County
land records, Book ________, Page ____.” A copy of any such instrument shall be sent to the
persons listed in Section XVII (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said redactions
comply with the confidentiality and trade secret provisions of the North Carolina Public Records
Law. The owner may use the following mechanisms to comply with the obligations of this
subparagraph: (i) If every lease and rider is identical in form, the owner conveying an interest
may provide DEQ with copies of a form lease or rider evidencing compliance with this
subparagraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section

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XVII (Notices and Submissions); or (ii) The owner conveying an interest may provide abstracts
of leases, rather than full copies of said leases, to the persons listed in Section XVII.
l. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement, and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. in fluids in vehicles;
iii. as constituents of products and materials customarily used and stored
in office, retail or multi-family residential environments, provided such products and materials
are stored in original retail packaging and used and disposed of in accordance with applicable
laws;
iv. for vehicle maintenance, service, car wash and body work in
compliance with applicable law (though vehicle parts and tools may not be washed in chlorinated
solvents containing any contaminants known to be present in the environmental media at the
Brownfields Property);
v. 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

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vi. as fuel or other fluids customarily used in vehicles, landscaping
equipment and emergency generators.
m. During January of each year after the year in which the Notice referenced
below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to
DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that
the land use restrictions are being complied with. If the property is transferred, the grantor shall
submit a LURU (as outlined above) which covers the period of time they owned the property.
The submitted LURU shall state the following:
i. the name, mailing address, telephone number, and contact person’s e-
mail 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 during the previous calendar year;
ii. the transferee’s name, mailing address, telephone number, 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 during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 12.h above are performing as designed, and whether the uses of the ground
floors, including any tenant renovations that may potentially disturb the existing structure ground
surface floor, of any buildings containing such vapor barrier and/or mitigation systems have

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changed, and, if so, how, and under which precautions so as not to interfere with the operation of
said system.
iv. A joint LURU may be submitted for multiple owners by a duly
constituted board or association and shall include the name, mailing address, telephone number,
and contact person’s e-mail address of the entity submitting the joint LURU as well as for each
of the owners on whose behalf the joint LURU is submitted.
13. The desired result of the above-referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in this Agreement while fully protecting
public health and the environment.
14. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VIII. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
15. In addition to providing access to the Brownfields Property pursuant to subparagraph
12.h above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to

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emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
16. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property (“Notice”) for the Brownfields Property containing, inter alia, the land use restrictions
set forth in Section VI (Work to Be Performed) of this Agreement and a survey plat of the
Brownfields Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date
of this Agreement, Prospective Developer shall file the Notice in the Mecklenburg County,
North Carolina, Register of Deeds’ Office. Within three (3) days thereafter, Prospective
Developer shall furnish DEQ a copy of the documentary component of the Notice containing a
certification by the register of deeds as to the Book and Page numbers where both the
documentary and plat components of the Notice are recorded, and a copy of the plat with
notations indicating its recordation.
17. This Agreement shall be attached as Exhibit A to the Notice. Subsequent to
recordation of said Notice, any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: “This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the
Mecklenburg County land records, Book ________, Page ____.” A copy of any such instrument
shall be sent to the persons listed in Section XVII (Notices and Submissions), though financial

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figures and other confidential information related to the conveyance may be redacted to the
extent said redactions comply with the confidentiality and trade secret provisions of the North
Carolina Public Records Law. Prospective Developer may use the following mechanisms to
comply with the obligations of this paragraph: (i) If every lease and rider is identical in form,
Prospective Developer may provide DEQ with copies of a form lease or rider evidencing
compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XVII (Notices and Submissions); or (ii) Prospective Developer may
provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section
XVII.
18. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
IX. DUE CARE/COOPERATION
19. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under

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NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in subparagraph 31.a. below
of any such required notification.
X. CERTIFICATION
20. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated December 17, 2019 by which it applied for this
Agreement. That use includes those uses described above in subparagraph 12.a. of this
Agreement. Prospective Developer also certifies that to the best of its knowledge and belief it
has fully and accurately disclosed to DEQ all information known to Prospective Developer and
all information in the possession or control of its officers, directors, employees, contractors and
agents which relates in any way to any past use of regulated substances or known contaminants
at the Brownfields Property and to its qualification for this Agreement, including the requirement
that it not have caused or contributed to the contamination at the Brownfields Property.
XI. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
21. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of

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

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contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
22. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
23. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
24. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 21 through 23 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
25. In consideration of DEQ’s Covenant Not To Sue in Section XI of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the

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Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above-referenced Notice of Brownfields Property.
XIII. PARTIES BOUND
26. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party’s signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XIV. DISCLAIMER
27. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer’s duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
28. Except for the land use restrictions set forth in paragraph 12 above and NCGS §
130A-310.33(a)(1)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.

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XV. DOCUMENT RETENTION
29. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XVI. PAYMENT OF ENFORCEMENT COSTS
30. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section VI (Work to be Performed) and Section
VII (Land Use Restrictions), it shall be liable for all litigation and other enforcement costs

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incurred by DEQ to enforce this Agreement or otherwise obtain compliance.
XVII. NOTICES AND SUBMISSIONS
31. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information or delivery method, all notices and submissions pursuant to this
Agreement shall be sent by prepaid first-class U.S. mail or courier service, as follows:
a. for DEQ:
Brownfields Property Management Unit (or successor in function) N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646 Raleigh, NC 27699-1646 b. for Prospective Developer:

Stephen M McClure Golden Nugget Associates Owner, LLC c/o Spectrum Development Company, LLC 300 South Tryon Street, Suite 200
Charlotte, NC 28202
Notices and submissions sent by prepaid first-class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVIII. EFFECTIVE DATE
32. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ’s approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within

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EAM/23088-19-060/2020.12.01
the statutory deadline set forth in NCGS § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and to invalidate its signature on this Agreement.
XIX. TERMINATION OF CERTAIN PROVISIONS
33. If any Party believes that any or all of the obligations under Section IX
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XX. CONTRIBUTION PROTECTION
34. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
35. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
36. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.

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XXI. PUBLIC COMMENT
37. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.
IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY By: ____________________________________________________________________________ Ellen Lorscheider Date Deputy Director, Division of Waste Management
IT IS SO AGREED: Golden Nugget Associates Owner, LLC By: ____________________________________________________________________________
Stephen M McClure Date Manager of Spectrum Development Company, LLC, the Manager of Golden Nugget Associates Owner, LLC
Copyright:© 2013 National Geographic Society, i-cubed
PROJECT NO.:FIGURE NO.:
SITE TOPOElectrical Apparatus & Machine Company 308 West Carson Boulevard, 1115 & 1127 South Mint Street and 308 West Palmer Street Charlotte, North CarolinaBrownfields Project No.: 23088-19-060
6228-19-0534 1
0 1,000 2,000500Feet
Site Boundary
Document Path: F:\AMEC_Projects\2020\Carsonandmint\MXD\Figure1.mxd User Name: leanna.muroski Date Saved: 4/30/2020 Checked By: RCF 4/30/2020
LEGEND
EAM/23088-19-060 Draft 2020.11.23

1
Exhibit 2
Brownfields Property Name: Electrical Apparatus Machine
Brownfields Project Number: 23088-19-060

The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on May 22, 2020. The following tables set forth, for contaminants present at the Brownfields Property above unrestricted use standards or screening levels, the concentration found at each sample location, and the applicable standard or screening level. Screening levels and standards are shown for reference only and are not set forth as
cleanup or mitigation levels for purposes of this Agreement.
GROUNDWATER Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
the standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, or the 2L Groundwater Interim Maximum Allowable Concentrations (IMACS) (April 1, 2013 version):
Groundwater Contaminant Sample Location
Date of
Sampling
Concentration
Exceeding
Standard (µg/L)
Standard
(µg/L)
Carbon Tetrachloride MW-1 7/29/2019 0.87J 0.3
Carbon Tetrachloride MW-2 7/29/2019 0.95J 0.3

SOIL GAS VAPOR

Soil gas contaminants in micrograms per cubic meter, the screening levels for which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste Management (February 2018 version):
Soil Gas
Contaminant

Sample
Location
Date of
Sampling
Concentration
Exceeding Screening Level
(µg/m3)
Residential
Screening Limit1
(µg/m3)
1,3-Butadiene SG-1 6/6/2019 340 14
1,3-Butadiene SG-3 7/26/0219 220 14
1,3-Butadiene SG-4 7/26/2019 77 14
Tetrachloroethylene SG-1 6/6/2019 300 280
Tetrachloroethylene SG-2 6/6/2019 1300 280

1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
Exhibit C Legal Description of Brownfields Property Brownfields Property Name: Electrical Apparatus & Machine Co. Brownfields Project Number: 23088-19-060
Being all of that tract or parcel of land situated, lying and being in the City of Charlotte,
Mecklenburg County, North Carolina, and being more particularly described as follows: BEGINNING at a new nail located at the intersection of the southerly margin of the right-of-way
of South Mint Street and the easterly margin of the right-of-way of West Palmer Street; thence
with the said southerly margin of South Mint Street North 50-55-26 East a distance of 295.13
feet to a 1/2" new iron rod being located on the westerly Margin of the right-of-way of West Carson Boulevard; thence with the said westerly margin of West Carson Boulevard the following two (2) courses and distances; 1) with a curve turning to the right with an arc length of 66.68',
with a radius of 43.00', with a chord bearing of South 84-27-29 East, with a chord length of
60.20', to a 1/2" new iron rod; 2) South 39-14-46 East a distance of 271.19 feet to a 1/2" new
iron rod at a corner with The Roman Catholic Diocese Of Charlotte, NC property; thence with the said Roman Catholic Diocese Of Charlotte, NC property the following two (2) courses and distances; 1) South 65-14-50 West a distance of 237.06 feet to a 1/2" new iron rod; 2) South 47-
04-55 West a distance of 132.12 feet to an 1/2" existing iron rod being located on the said
easterly margin of West Palmer Street; thence with the said easterly margin of West Palmer
Street the following six (6) courses and distances; 1) North 43-20-04 West a distance of 95.22 feet to a new nail; 2) North 26-21-48 West a distance of 13.94 feet to a new nail; 3) North 21-01-01 West a distance of 7.31 feet to a new nail; 4) North 27-01-34 West a distance of 47.22 feet to
a new nail; 5) North 42-51-55 West a distance of 80.85 feet to a new nail; 6) with a curve
turning to the right with an arc length of 32.74', with a radius of 20.00', with a chord bearing of
North 04-01-52 East, with a chord length of 29.20', to the Point and Place of BEGINNING; Containing 98,601 square feet or 2.2636 acres as shown on a survey prepared by R.B. Pharr &
Associates, P.A. dated August 12, 2020. JOB NO. 91818.