19067_Gateway Plaza_BPAUpdate_20151022

Brownfields Property Application
North Carolina Brownfields Program
Instructions/Important Information for Applicants
The Brownfields Property Reuse Act (Act) sets forth the conditions under which a site and a
prospective developer (PD) are eligible for a brownfields agreement. To start the process of seeking
a brownfields agreement, please complete this application. The North Carolina Department of
Environment and Natural Resources' (DENR's) North Carolina Brownfields Program (NCBP) will
base its eligibility determination on the information provided in this application and on other
information that may be obtained by NCBP. This eligibility determination is an administrative tool
that allows the NCBP to spend resources strictly on those sites that meet the statutory eligibility
criteria. The application will also allow the NCBP to allocate its resources first to those projects that
demonstrate the highest degree of public benefit.
The application form is available for download at www.ncbrownfields.org as an MSWord form and
a PDF. It is divided into the following sections:
Section I. Prospective Developer Information - facts regarding the applicant
Section II. Site Information - facts regarding the property
Section III Other Required Information - a "checklist" to help ensure that additional information
that must be submitted with the application is included.
Section IV. Additional Required Forms - NCBP has two forms that are required to be used for two
of the attachments to this application: a "Preliminary Proposed Brownfields
Agreement" form and a "Responsibility and Compliance Affidavit" form. Please note
that the "Preliminary Proposed Brownfields Agreement" must be initialed and
the "Responsibility and Compliance Affidavit" must be signed and notarized.
A determination of eligibility does not mean that the site is guaranteed to remain eligible or that the
PD is assured of receiving a final brownfields agreement; rather, it means that a PD is eligible to
seek a brownfields agreement regarding the site. As the process moves forward, NCBP has the
continuing duty to exercise its discretion as to whether DENR should enter into a brownfields
agreement regarding a particular site. Comments received from the public may alter NCBP's view
regarding eligibility. Also, new information that runs counter to statutory eligibility criteria and
obtained by the NCBP following an affirmative eligibility determination will require NCBP to re-
evaluate eligibility.
The Act requires DENR to determine that brownfields projects have public benefit commensurate
with the liability relief provided by the brownfields agreement. Letters of community support can be
a strong gauge of public benefit. Economic development factors are important measures of this as
well. Therefore, in Section II, please be as specific as possible regarding questions that pertain to
economic measures of public benefit, including job creation, redevelopment investment, etc. Please
be assured that while the NCBP reports this information to the General Assembly as a measure of
overall programmatic public benefit, we do not report it on a site -specific basis. The data is only
used in aggregate.
North Carolina Department of Environment and Natural Resources Ih

The process of applying for entry into the NCBP is as follows:
Download, fill out, and return the Brownfields Property Application form. If you do not have
internet access you may contact the NCBP at [phone] to obtain a copy of this form. If you
have MSWord as a word processor, you may use it to download and fill out the MSWord Form
(downloading the form in PDF format will require that the form be filled out by hand). You must
submit the original forms and attachments to:
NC Brownfields Program
Attention: Shirley Liggins
N.C. Department of Environment and Natural Resources
Division of Waste Management
1646 Mail Service Center
Raleigh NC 27699-1646
Please note that attachments to the application include the "Responsibility and Compliance
Affidavit", which must be signed and notarized, and the "Preliminary Proposed Brownfields
Agreement", which must be initialed. (Be advised that the Preliminary Proposed Brownfields
Agreement is primarily an informational form for the NCBP to use in generating the brownfields
agreement and is not the actual brownfields agreement that will be signed by DENR. )
Based upon the review of the application, the NCBP will provide the applicant PD one of the
following:
A. A Letter of Eligibility (LOE) indicating that the property is eligible for continued
negotiations towards a brownfields agreement. Upon receipt of an LOE, the initial
statutory fee of $2,000 is due from the PD to the NCBP. At this point, the PD also
needs to submit any and all environmental data it has or can obtain regarding the
site;
B. A Letter of Deficiency indicating that the submitted application is deficient in some
manner and eligibility cannot be determined, at which time additional information or
corrections to the application will be requested from the applicant PD; or
C. A letter indicating that the property and/or the applicant PD are ineligible for a
brownfields agreement.
The above steps end the application process. The remainder of the process of obtaining the
brownfields agreement is summarized as follows:
3. The NCBP reviews the existing environmental data and determines if there are
knowledge gaps. The NCBP may require additional assessment to be conducted by the
PD to fill in those gaps. Depending on the situation, such assessment may be required
prior to completion of a draft brownfields agreement or it may be incorporated in the
brownfields agreement requirements.
4. The NCBP considers all data at hand and drafts the brownfields agreement outlining
those items necessary to make the site suitable for the uses intended while fully protecting
public health and the environment. These items could include land use restrictions,
engineered controls, remedial actions or a combination of these actions. The draft BFA is
forwarded to the PD.
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5. The final draft brownfields agreement is negotiated and finalized between DENR and the PD.
The statutory ancillary documents are prepared (including a brownfields property plat and
Notice of Intent to Redevelop a Brownfields Property) and this notice is opened to public
comment for a minimum of 30 days.
6. A second fee, required by statute to defray the costs to DENR and DOJ, will be due from the
PD prior to execution of the brownfields agreement. Presently this second fee is $6,000,
subject to negotiation in the brownfields agreement. Should the prospective developer
choose to negotiate changes to the agreement that necessitate evaluation by the
Department of Justice, additional fees shall apply.
7. Any addendum/modification of the Brownfields documents after they take effect will
require a fee from you in the amount of at least $1,000.00.
8. In the absence of public comment which affects the agreement it is then signed and the
agreement becomes effective (i.e., executed). If the NCBP receives public comment or a
equest for a public meeting, the NCBP will consider input from the public and determine any
necessary changes to the brownfields agreement. It will then decide whether those changes
warrant an additional public comment period or if the brownfields agreement can be
executed after the appropriate changes are made.
9. The PD records the Notice of Brownfields Property at the county register of deed's office.
10. Once executed, brownfields agreements require that the owner of any part of the brownfields
property provide an annual certification to the NCBP (known as a Land Use Restriction
Update or LURU) that the Notice of Brownfields Property containing the land use restrictions
remains recorded at the register of deeds and that the land use restrictions are being
complied with.
Please contact NCBP if you have questions or require additional guidance regarding this application
form or the process. Contact information is available on our website: www.ncbrownfields.org or by
calling 919-707-8200.
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Brownfields Property Application
North Carolina Brownfields Program
www.ncbrownfields.org
I. PROSPECTIVE DEVELOPER (PD) INFORMATION {USE TAB KEY TO GET TO NEXT
DATA ENTRY LINE — DO NOT USE THE RETURN KEY}
A. PD information:
Entity name
Elixir Retail Partners, LLC
Principal Officer
Seby Russell Jones, Manager
Representative
Mailing Address
1207 Front Street, Suite 100
Raleigh, NC 27609
E-mail address
[e-mail]
Phone No.
919-829-2499
Fax No.
Web site
davidsonandjones.com
B. PD contact person information (i.e., individual who will serve as the NCBP's point of
contact if different than above):
Name
Darin McClure
Company
Mid -Atlantic Associates, Inc.
Mailing Address
409 Rogers View Court
Raleigh, NC 27610
E-Mail Address
[e-mail]
Phone No.
919-250-9918
Fax No.
919-250-9950
C. Information regarding all parent companies, subsidiaries or other affiliates of PD (attach
separate sheet(s) if necessary):
(Use for LLCs)
Member -managed or manager -managed? Answer: manager -managed
C!

If manager -managed, provide name of manager and percent of ownership:
Name All three members are managers
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
For all LLCs, list all members of the LLC and provide their percent of ownership:
Name
Seby Russell Jones
Ownership (%)
33.33%
Mailing Address
1207 Front Street, #100
Raleigh, NC 27609
E-Mail Address
[e-mail]
Phone No.
919.829.2499
Fax No.
Name Henry C. Ward
Ownership (%) 33.33%
Mailing Address 1207 Front Street, #100
Raleigh, NC 27609
E-Mail Address [e-mail]
Phone No. 919.427.0280
Fax No.
Name
Michael G. Sandman
Ownership (%)
33.33%
Mailing Address
7101 Creedmoor Rd, Suite 142
Raleigh, NC 27613
E-Mail Address
[e-mail]
Phone No.
919.847.7275
Fax No.
5

Managers of manager -managed LLCs are required to execute all brownfield documents for
the LLC; as to member -managed LLCs, state name of member who will sign these
documents.
Not Applicable
List all parent companies, subsidiaries and other affiliates:
Not Applicable
(Use for Partnerships)
Check one: ❑General Partnership ❑Limited Partnership
List all partners and percent of ownership:
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Is this person a general or limited partner?
Name
Ownership (%)
Mailing Address
E-Mail Address
Phone No.
Fax No.
Is this person a general or limited partner?
List all parent companies, subsidiaries and other affiliates:
1:

(Use for corporations other than LLCs)
(If information is the same as shown in 1.A., please indicate "same as I.A. " below.)
Name Not Applicable
Mailing Address
E-Mail Address
Phone No.
Fax No.
List all parent companies, subsidiaries and other affiliates:
(Use for individuals)
(If individual is the same as shown in 1.A., -please indicate "same as 1.A. " above.)
Name Not Applicable
Mailing Address
I: a►•Filr_`erWV
Phone No.
Fax No.
D. Does PD have or can it obtain the financial means to fully implement a brownfields
agreement and assure the safe reuse of the property? (Attach supporting documentation
such as letters of credit, financial statements, etc.)
Answer Yes
Explanation The PD is an entity that is affiliated with Davidson & Jones Corporation &
Michael G. Sandman, Attorney at Law. Davidson & Jones Corporation has been in business
in the Raleigh area since 1918. Davidson & Jones Corporation and its affiliated operating
companies generate more than $7,000,000 in net operating income annually with total assets
under management surpassing $100,000,000. Considering the size of the proposed project,
this clearly demonstrates that the PD has the financial means to conduct this redevelopment
project.
E. Does PD have or can it obtain the managerial means to fully implement a brownfields
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agreement and assure the safe use of the property?
Answer Yes
Explanation Davidson and Jones has influenced Raleigh commercial real estate for over
75 years. The company and its related entities have developed and invested in multiple
product types, including hospitality, retail, office and flex/warehouse space. Over time, the
corporation has built and managed over 7,000 hotel rooms, a host of malls, hotels and office
and industrial parks. Several of its more notable projects include the Sheraton Imperial
(owned and managed today), the North Raleigh Hilton, Crabtree Valley Mall and its recent
completion of the Aloft Hotel in Durham that is part of the American Tobacco campus. The
company's real estate portfolio includes over 700,000 SF of leased space that it continues to
own and asset -manage.
Russ Jones serves as President of Davidson & Jones and manages the day-to-day
operations of its family of companies. Russ graduated with a Bachelor of Science in
Business Administration in 1996 from the University of North Carolina at Chapel Hill (UNC)
and earned a Masters in Accounting from UNC in 1997. In 1999, Russ became a Certified
Public Accountant while working with Ernst & Young. Russ has extensive experience
developing and managing commercial properties and recently led and completed the
development of the Aloft Hotel in Durham, a complex, mixed -use project in an urban setting.
Henry Ward is partner in an entity affiliated with Davidson & Jones and will lead repositioning
Gateway Plaza, including Brownfield compliance. Henry spent 9 years in retail development,
acquisition, leasing and management with York Properties. In varying roles, Henry was
personally responsible for the success of over 1,000,000 square feet of retail space in the
Triangle market. Through various client relationships, Henry has been personally involved
with two Brownfields applications, including Powerhouse Square (completed) and 404/414
Hillsborough Street (LOE). Over the last 5 years, Henry has repositioned multiple retail
assets in the Triangle including the 111 Seaboard redevelopment, Powerhouse Square
acquisition and Harris Teeter redevelopment at Village Square in Cary. Henry received a
juris doctorate from the University of North Carolina.
Michael Sandman has been a partner in more than 30 real estate ventures in North Carolina
since 1991, ranging from hotels and residential communities to office, retail and warehouses.
Additionally, Michael has practiced residential and commercial real estate law and business
E:

law in Raleigh, North Carolina since 1986. Michael's most recent project experience in the
Raleigh market includes the development of the Aloft Hotel that is currnetly under
construction on Hillsborough Street and The Cypress of Raleigh. Michael received a juris
doctorate from the University of North Carolina.
The management team's development experience is supported by the construction expertise
of an affiliated entity, Davidson & Jones Construction which has been in existence in the
Triangle for over 80 years. The construction company's budgeting, preconstruction and
construction management services are a key asset to the development team during complex
projects.
F. Does PD have or can it obtain the technical means to fully implement a brownfields
agreement and assure the safe use of the property?
Answer Yes
Explanation Prospective Developer has contracted with Mid -Atlantic Associates, Inc.
(MAA) to serve as a technical resource for development and completion of the Brownfields
Agreement. MAA has extensive experience with DENR DWM regualtory programs and with
the DENR Brownfields Program. Darin McClure, MAA President, will serve as the primary
contact for this project. William Service, MAA Environmental Toxicologist, and Dan Nielsen,
Project Manager, will provide project technical support as needed. Both have overseen
successful completion of Brownfields agreements.
G. Does PD commit that it will comply (and has complied, if PD has had a prior project in the
NCBP) with all applicable procedural requirements of the NCBP, including prompt payment of
all statutorily required fees?
Answer Yes
(List all NCBP project name(s) and NCBP project ID numbers where PD or any parent
company, subsidiary and other affiliate of PD has been a party to.)
None
H. Does PD currently own the property?
Answer No
If yes, when did PD purchase the property and from whom? (Provide name, address,
X

telephone number and email address of the contact person for the current
property owner.)
Not Applicable
If no, provide the name, address, telephone number and e-mail address of the contact
person for the current property owner
Murray -Gateway, LLC
J. Brent King
Bobby Murray Chevrolet, Inc.
1820 Capital Boulevard
Raleigh, NC 27604
[e-mail]
Phone: [phone]
Fax: [phone]
I. If PD does not currently own the property, does PD have the property under contract to
purchase?
Answer Yes
If yes, provide date of contract. September 4, 2015
If no, when does the PD intend to purchase the property (e.g., after the project is determined
to be eligible for participation in the NCBP, after PD receives a draft BFA, after the
conclusion of the brownfields process)? Note: the Act requires the PD to demonstrate that it
intends to either buy or sell the property.
Not Applicable
Describe all activities that have taken place on the property since PD or PD's parents,
subsidiaries and/or other affiliates, and/or lessees or sublessees of PD, took ownership of or
operated at the property (e.g., industrial, manufacturing or commercial activities, etc.).
(Include a list of all regulated substances as defined at NCGS § 130A-310.31(b)(11) that have
been used, stored on, or otherwise present at the property while those activities were
conducted, and explain how they were used.)
Not Applicable
II. SITE INFORMATION
A. Information regarding the proposed brownfields property:
Proposed project name Gateway Plaza

acreage 6.77 street address(es) 2427 Crabtree Boulevard
city Raleigh County Wake zip 27604
tax ID(s) or PIN(s) 1714-48-5236
past use(s) shopping center with dry cleaners
current use(s) small commercial enterprises including a thrift store, a restaurant,
beauty supply stores, hair salons, a sweepstakes gaming parlor, a church, and a laundromat
cause(s)/source(s) of contamination:
known Four primary contaminants of concern PCE, TCE, cis-1,2-DCE and vinyl
chloride are present below the subject site at concentrations exceeding their respective
NCGQS as a result of previous dry cleaning operations. PCE concentrations in groundwater
range from 51 ug/L to 200,000 ug/L and the groundwater concentrations of the degradation
compound TCE, which is also a degreaser and spot remover, ranges in concentration from
180 ug/L to 12,000 ug/L. The subject site is in the DSCA Program.
suspected None
B. Regulatory Agency Involvement: List the site names and all identifying numbers (ID No.)
previously or currently assigned by any federal, state or local environmental regulatory
agencies for the property. The ID No's may include CERCLIS numbers, RCRA generator
numbers for past and present operations, UST database, Division of Water Quality's incident
management database, and/or Inactive Hazardous Sites Branch inventory numbers. (In
many instances, the PD will need to actively seek out this information by reading
environmental site assessment reports, reviewing government files, contacting government
officials, and through the use of government databases, many of which may be available over
the internet.)
Agency Name/ID No: DSCA Program DC920021
Agency Name/ID No: Underground Injection Control W10500167
Agency Name/ID No: CESQG NCD981856792
Agency Name/ID No: RCRA SQG NCR000140384
Agency Name/ID No: RCRA Non -Gen NCS000000396
C. In what way(s) is the property abandoned, idled, or underused?
The environmental conditions present on this site discourage continued investment in the
asset. The shopping center is currently 38% vacant (28,911 SF), and the majority of the
vacant space is contained in two large office spaces that are functionally obsolete. This
location is not attractive to office users, and the 10,533 SF space that was formerly occupied
by Wake Tech is a prime retail anchor for the project. The majority of the balance of the
vacant space is located in a windowless section of the shopping center that will continue to
11

remain vacant without a creative plan to repurpose the space. Additionally, the roof, parking
lot and fagade are all in significant need of replacement and repair as significant capital
expenditures have been deferred.
The property, in its current condition, garners rents that are significantly below market. The
average rental range for current tenants shopping center is between $4.00 and $9.00 while
competing retail space in the submarket leases for more than twice that amount. The low
rents generated is a result of lack of continued investment in the property which, in turn,
attracts tenants that are not assets to the community. The neighborhoods immediately to the
south of the property are grossly underserved by service retail, and this shopping center has
the geographic potential to provide those essential services to a significant number of
households in the area.
On a longer -term basis, the property sits proximate to an area that will be dramatically
improved by the City's Capital Boulevard corridor study implementation that will realign the
northbound lanes of Capital Boulevard, bringing greenway connectivity in front of the site
through North Boulevard Park. These public improvements, if constructed, will significantly
change the character of the corridor, and this site will become a candidate for more dense
land uses, including the potential for multi -story buildings containing retail, office and
residential.
D. In what way(s) is the actual or possible contamination at the property a hindrance to
development or redevelopment of the property (attach any supportinq documentation such as
letters from lending institutions)?
Based on the PD's past experience with financing other projects and the conservative nature
of todays lending environment, the PD anticipates that a Brownfields Agreement will be needed
to secure necessary construction financing for the project. A letter from Medalist Capital is
attached. The PD also believes that the liability protection provided by the Brownfields
Agreement, along with the NCDENR's concurrence that the property is safe for the proposed
use, is vital in order to secure the tenants necessary to make this project viable.
E. In what way(s) is the redevelopment of the property difficult or impossible without a
brownfields agreement (attach any supporting documentation such as letters form lending
institutions)?
See D above
F. What are the planned use(s) of the redeveloped brownfields property to which the PD will
commit? Be as specific as specific as possible.
The short- to medium -term plan includes operating the property in its current form as a retail
shopping center. In this initial phase, the team will invest approximately $3,000,000 in capital
improvements, exterior renovations and tenant improvements associated with new leases.
This first phase of development could include new outparcel pads along Crabtree Boulevard
and innovative common areas including food truck hookups and gathering spaces. The
concept is destination retail that will attract a creative class of tenants that have been pushed
out of downtown. We will begin executing this strategy as soon as the BFA has been
approved.
`K

The second phase of redevelopment will be market -driven. As this site sits on the edge of
greenway improvements that the City may make in its Capital Boulevard improvement plan,
the possibility for significant redevelopment is great. When the Capital Boulevard
improvements take place, we anticipate that the market will support a more dense mix of
retail, office and/or residential uses in this location. This plan will likely be multi -story and
mixed -use and will have significant connections to the proposed park along the Crabtree
Creek.
G. Current tax value of brownfields property: $2,967,046
H. Estimated capital investment in redevelopment project: $3,000,000 for the first phase. The
second phase will depend upon the density that is approved, but could easily exceed
$10,000,000, pending market demand.
List and describe the public benefits that will result from the property's redevelopment. Be as
specific as possible. (Examples of public benefits for brownfields projects include job creation,
tax base increases, revitalization of blighted areas, preserved green space, preserved historic
places, improving disadvantaged neighborhood quality -of -life related retail shopping
opportunities, affordable housing, environmental cleanup activities or set asides that have
community or environmental benefits. In gauging public benefit, NCBP places great value
upon letters of support from community groups and local government that describe
anticipated improvements in quality of life for neighboring communities that the project will
bring about. The inclusion of such support letters with this application is recommended and
encouraged.)
The site sits at the edge of a residential area just north of downtown Raleigh that is currently
undergoing a transformation of a substantial amount of residential units that are proximate to the
site. The improvements that are proposed with this project and the future plans are necessary to
make this retail site viable with the type of redevelopment occurring in the area. Jobs will be
created during the development and/or renovations and the repositioning of the current and
future retail space will provide a more viable retail market which will also lead to additional job
creation. Another important benefit is making the property attractive to future tenants looking for
spaces. The renovation or development of this property will enhance the overall attractiveness
of this area and will provide tenants the ability to enjoy the retail and eating establishments in the
area. Other benefits include the increased tax base due to developments on this site and the
surrounding area, job creation for this site and surrounding sites that this project may spur,
positive impacts on the surrounding business community, and the reuse of existing buildings and
infrastructure.
Special Note: Please describe all environment -friendly technologies and designs PD plans
to utilize in its redevelopment strategy. For example, environment friendly redevelopment
plans could include: Leadership in Energy and Environmental Design (LEED) Certification,
green building materials; green landscaping techniques such as using drought resistant
plants; energy efficient designs, materials, appliances, machinery, etc.; renewable sources of
energy, and/or recycling/reuse of old building materials such as brick or wood.
The following items are under consideration: green landscaping; connectivity to greenway
and future Crabtree Creek park; potential recycling / reuse of old building materials in any
redevelopment plan; potential for water collection system in any new stormwater plan.
`9l

J. Who will own the brownfields property when the Notice of Brownfields Property is filed with
the register of deeds at the conclusion of the brownfields process? (If information is the
same as I.A. above, please indicate.)
Name Same as 1.A. above
Mailing Address
E-Mail Address
Phone No.
Fax No.
III. OTHER REQUIRED INFORMATION
A. Brownfields Affidavit: PD must provide its certification, in the form of a signed and
notarized original of the unmodified model brownfields affidavit provided by NCBP, that it
did not cause or contribute to contamination at the property and that it meets all other
statutory eligibility requirements. (Note: The form to use for this affidavit is attached to this
application. It must be filled out signed notarized, and submitted with this application.)
Is the required affidavit, as described above, included with this application?
Answer Yes
B. Proposed Brownfields Agreement Form: PD must provide the completed form Proposed
Brownfields Agreement. (Note: The form to use for this document is attached to this
application. It must be filled out, initialed, and attached on your submittal.)
Is the reauired Proposed Brownfields Aareement . as described above. included with this
application?
Answer Yes
C. Location Map: PD must provide a copy of the relevant portion of the 1:24,000 scale
U.S.G.S. topographic quadrangle map that shows the property clearly plotted, and that
measures at least an 8 % by 11 inches. (Note: these maps can be purchased through the
above link, or often through retail outdoor recreation stores that can print out the relevant
map. Often environmental reports have location maps that use this type of map as the base
for its location map.)
Is the reauired location maD included with this application?
Answer Yes
`[!

D. Survey Plat: PD must provide a preliminary survey plat of the brownfields property with the
property boundaries clearly identified, and a metes and bounds legal description that
matches the property description on the plat. At this stage of the brownfields process; one
or more existing survey plats from a previous property conveyance will suffice. (Before the
brownfields project enters the public comment phase of the brownfields process, the PD will
be required to submit a final brownfields survey plat which includes the information listed in
the brownfields surveVplat guidance.)
Is the required preliminary survey plat included with this application?
Answer No, one will be developed during the process. A copy of the deed with a
property description is included.
E. Site Photographs: PD must provide at least one pre -redevelopment photograph of the
property, in either hard copy or electronic format that shows existing facilities and
structures. Please note that the NCBP prefers to have electronic photos instead of or
in addition to hard copies. Electronic copies of photographs should be emailed to:
Shirley. Liggins(a)-ncdenr.gov with a clear indication as to which Brownfields
Application they apply to.
Are photographs of the property included with this application?
Answer Yes
Have electronic copies of the photographs been emailed to NCBP?
Answer No, electronic versions of the photographs are included on the attached CD
F. Environmental Reports/Data: If it makes an affirmative eligibility determination, the NCBP
will request that PD provide any and all existing environmental reports and data for the
property on CD only. The brownfields process may be expedited if PD submits such
reports/data with this application.
Are any environmental reports/data being submitted with this application?
Answer Yes
If environmental reports/data are being submitted with this application, please provide the title,
date and author of each item being submitted:
Phase I Environmental Assessment, Crabtree Plaza Shopping Center, 2427 Crabtree
Boulevard, May 5, 2015, Mid -Atlantic Associates, Inc.
Air Quality Evaluation Results (Addendum), T&J Cleaners DSCA Site ID #92-0021, 2423
Crabtree Blvd, September 16, 2014, URS Corporation.
Updated Assessment Report Submittal, T&J Cleaners DSCA Site ID #92-0021, 2423
Crabtree Blvd, May 10, 2013, URS Corporation.
Air Quality Evaluation Results, T&J Cleaners DSCA Site ID #92-0021, 2423 Crabtree
Blvd, April 18, 2013, URS Corporation.
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IV. ADDITIONAL REQUIRED FORMS
The following forms are to be filled out and submitted with the application including the
Responsibility and Compliance Affidavit and the Proposed Brownfields Agreement.
Submittal of the Affidavit requires signature and notarization, and the Proposed
Brownfields Application requires an initial.
[N

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
NORTH CAROLINA BROWNFIELDS PROGRAM
IN THE MATTER OF: Elixir Retail Partners, LLC
UNDER THE AUTHORITY OF ) AFFIDAVIT
NORTH CAROLINA GENERAL ) RE: RESPONSIBILITY
STATUTES 3 130A-310.30, et. seq. ) AND COMPLIANCE
Russ Jones being duly sworn, hereby deposes and says:
1. I am <<Manager>> of Elixir Retail Partners, LLC.
2. [if signatory is not President, add this paragraph: "I am fully authorized to make the declarations
contained herein and to legally bind Elixir Retail Partners, LLC."]
Elixir Retail Partners, LLC is applying for a Brownfields Agreement with the North Carolina
Department of Environment and Natural Resources, pursuant to N.C.G.S. 3 130A, Article 9, Part 5
(Brownfields Act), in relation to the following 1714-48-5236 parcel(s) in Raleigh, Wake, County,
North Carolina: 2427 Crabtree Boulevard
4. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that Elixir Retail
Partners, LLC, and any parent, subsidiary or other affiliate meets the eligibility requirements of
N.C.G.S. 3 130A-310.31(b)(10), in that it has a bona fide, demonstrable desire to buy® sell ❑ for
the purpose of developing or redeveloping, and did not cause or contribute to the contamination at, the
parcel(s) cited in the preceding paragraph.
5. I hereby certify, under the pains and penalties of perjury and of the Brownfields Act, that Elixir Retail
Partners, LLC meets the eligibility requirement of N.C.G.S.3130A-310.32(a)(1) in that it and any
parent, subsidiary or other affiliate have substantially complied with:
a. the terms of any brownfields or similar agreement to which it or any parent, subsidiary or
other affiliate has been a party;
b. the requirements applicable to any remediation in which it or any parent, subsidiary or other
affiliate has previously engaged;
c. federal and state laws, regulations and rules for the protection of the environment.
Affiant further saith not.
Signature/Printed Name
Date
Sworn to and subscribed before me
this day of , 20_
Notary Public
My commission expires: (SEAL)
17

Preliminary Proposed Brownfields Agreement
I. Property Facts
a. Property Address(es): 2427 Crabtree Boulevard, Raleigh, NC 27604
b. Property Seller: Murray Gateway, LLC
c. Property Buyer: Elixir Retail Partners, LLC
d. Brief Property Usage History: Prior to 1965 the property was both wooded and agricultural.
In 1965 it was developed with retail shopping facilities similar to those currently on the site. A
dry cleaning facility was on the subject site from 1965 to 2012.
e. The planned reuse will potentially involve the following use classification(s) (check all that
apply):
❑ School/childcare/senior care
❑ Residential
® Commercial, retail (specify) Shopping, food service
❑ Other commercial (specify)
❑ Office
❑ Light industrial
❑ Heavy industrial
❑ Recreational
❑ Open space
❑ Other (specify)
II. Contaminant Information
a. The contaminant situation at the property is best described by the following (check all that
apply):
® Contaminants are from an on -property source(s)
❑ Contaminants are from an off -property source(s)
❑ Contaminants are from an unknown source(s)
❑ Contaminants have not yet been documented on the property
in

b. Contaminated Media Table. (If known, check appropriate boxes below)
Contaminant
Soil
Groundwater
Private Wells
Vapor Intrusion
Types
and/or Surface
Water
known
Suspected
known
Suspected
known
suspected
known
suspected
0
Chlorinated
X
X
X
r
Solvents
9
(list):
a
n
i
c
s
Petroleum:
ASTs ❑
USTs ❑
Other ❑
Other (list):
i
Metals
n
(list):
0
r
9
a
nOther
(list):
c
s
III. Protective Measures
I am prepared to take steps necessary to make the property suitable for its planned uses while
fully protecting public health and the environment. I propose that NCBP consider a brownfields
agreement that will make the property suitable for the planned use(s) through the following
mechanism(s) (check all that apply):
® Contaminant remediation to risk -based levels.
® Engineered Controls (e.g., low permeability caps, vapor mitigation systems, etc)
® Land use restrictions that run with the land that will restrict or prohibit uses that are
unacceptable from a risk assessment/management perspective. (Important Note: In any
19

final brownfields agreement generated by the NCBP, land use restrictions will ultimately
come with the continuing obligation to submit an annual certification that the Land Use
Restrictions are being complied with and are recorded at the applicable register of deeds
office. )
IV. Fees
In connection with a brownfields agreement, the Act requires that the developer pay fees to
offset the cost to the Department of Environment and Natural Resources and the Department of
Justice. In satisfaction of the Act, the following fees apply to any brownfields agreement that is
developed for this project, subject to negotiation of the brownfields agreement:
a. A $2,000 initial fee will be due from the applicant PD when both of the following occur:
1) NCBP receives this application and proposed brownfields agreement, AND
2) NCBP notifies the applicant in writing that the applicant PD and the project are eligible for
participation in the NCBP and continued negotiation of a brownfields agreement.
b. A second fee of $6,000 will be due from the PD prior to execution of the brownfields
agreement. Should the prospective developer choose to negotiate changes to the agreement
that necessitate evaluation by the Department of Justice, additional fees shall apply.
c. Any addendum/modifications to the BFA or NBP after they are in effect will result in an
additional fee of at least $1,000.
d. In the unexpected event that the environmental conditions at the property are unusually
complex, such that NCBP's costs will clearly exceed the above amounts, NCBP and PD will
negotiate additional fees.
❑ Please check this box and initial in space provided to indicate your
acknowledgement of the above fee structure.
Date of Submittal:
20