23074_Bookers Garage_PCPkg_20230322

NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY
Brownfields Property Name: Bookers Garage
Brownfields Project Number: 23074-19-060
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 March 28, 2023, 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:
Bookers Garage/23074-19-060/22Mar2023
Mr. Bruce Nicholson, Chief
Brownfields Redevelopment Section
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
I

SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Bookers Garage
Brownfields Project Number: 23074-19-060
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, 1115 Seigle LLC, as Prospective Developer, has filed with the North Carolina Department of
Environmental Quality ("DEQ") a Notice of Intent to Redevelop a Brownfields Property ("Brownfields
Property") located at 1113, 1115, and 1121 Seigle Avenue, and 820 East 15th Street Charlotte, Mecklenburg
County. The Brownfields Property, which is the former site of single-family residences, an auto repair facility,
and most recently, for ministry -related operations, consists of approximately 0.52 acres. Environmental
contamination exists on the Brownfields Property in soil and exterior soil gas. 1115 Seigle LLC has committed
itself to redevelop the Brownfields Property for no uses other than high -density residential, retail, restaurant,
beverage or food production facility, office, recreational, - parking, 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 1115 Seigle, LLC, which in turn includes (a) a map showing the
location of the Brownfields Property, (b) a description of the contaminants involved and their concentrations in
the media of the Brownfields 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 at Charlotte
Mecklenburg Library, Plaza Midwood Branch, 1623 Central Avenue, Charlotte, NC 28205 by contacting
Catherine Haydon at [phone] or at chaydon(&cmlibrary.org; or at the offices of the N.C. Brownfields
Redevelopment Section, 217 West Jones Street, Raleigh, NC by contacting Shirley Liggins at that address, at
shirley.liggins(ancdenr.gov, or at [phone]. 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
23074-19-060 into the search bar at the following web address:
https://edocs.deq.nc.gov/WasteManagement/Welcome.aspx?dbid=0&repo=WasteMana_eg ment
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 March 28, 2023, 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, Chief
Brownfields Redevelopment Section
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Bookers Garage/23074-19-060/22Mar2023

Property Owner: 1115 Seigle LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: Bookers Garage
Brownfields Project Number: 23074-19-060
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 202_ by 1115
Seigle 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 located at 1113, 1115 and 1121 Seigle Avenue and 820 East 15th
Street, Charlotte, Mecklenburg County. The tax IDs associated with the Brownfields Property are
08109913, 08109914, 08109921, respectively. The Brownfields Property is approximately 0.52-
acres and is currently owned by 1115 Seigle LLC. The three Brownfields Property parcels
Bookers Garage/23074-19-060/21Mar2023

historically were occupied by three single-family residences developed from 1928-1936. There
was a commercial building on the Brownfields Property that was constructed in the late 1950s to
early 1960s and was occupied by an auto repair facility between 1962 and 1979. Most recently,
the Brownfields Property was occupied by a ministry -related organization. The Prospective
Developer is committed to redeveloping the Brownfields Property for no uses other than high -
density residential, retail, restaurant, beverage or food production facility, office, recreational,
parking, and subject to DEQ's prior written approval, other commercial uses.
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:
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
Bookers Garage/23074-19-060/21Mar2023
2

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.
Land Uses
a. No use may be made of the Brownfields Property other than for high -density
residential, retail, restaurant, beverage or food production facility, office, recreational, parking,
and subject to DEQ's prior written approval, other commercial uses. For purposes of this
restriction, the following definitions apply:
i. "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,
townhomes, duplexes or other units with yards are prohibited.
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, open air
markets, festivals, food halls, and the sales of food and beverage products, including food from
mobile establishments such as food trucks.
iii. "Restaurant" is defined as a commercial business establishment that prepares
and/or serves food and/or beverages to patrons.
iv. "Office" is defined as a place where business or professional services are
provided.
v. "Recreation" is defined as indoor and outdoor exercise -related, physically
focused, or leisure -related activities, whether active or passive, and the facilities for same,
including, but not limited to, studios, swimming or wading pools, splash pads, clubhouses,
sports -related courts and fields, open space, greenways, parks, playgrounds, walking paths,
picnic and public gathering areas, campgrounds, boat docks, and marinas.
vi. "Beverage or Food Production Facility" is defined as an establishment for the
manufacture, sale and/or distribution of beverages and/or food products, including without
limitation beer, ale, and/or distilled spirits.
vii. "Commercial" is defined as an enterprise carried on for profit or nonprofit by
the owner, lessee or licensee, with the exception of educational space and childcare facilities.
viii. "Parking" is defined as the temporary accommodation of motor vehicles in
an area designed for same.
Bookers Garage/23074-19-060/21Mar2023
3

Specific Prohibitions
b. The Brownfields Property may not be used for childcare centers, adult care centers, or
schools without the prior written approval of DEQ. Notwithstanding the foregoing, a business
enterprise is authorized to offer drop -in childcare while parents participate in activities that are
not employment -related and where the parents are on the premises or otherwise easily accessible,
or childcare provided by an employer for its part-time employees under the conditions specified
in in NCGS §110-86(2)(d) and (d1).
Environmental Management Plan
c. Physical redevelopment of the Brownfields Property may not occur other than in
accordance, 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. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above;
iii. 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
iv. plans for the proper characterization and DEQ approval of both fill soil before
import to the Brownfields Property and the disposition of all soil excavated from the Brownfields
Property during redevelopment.
Redevelopment Summary Report
d. 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), 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;
Bookers Garage/23074-19-060/21Mar2023
M

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).
Groundwater
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 that the
Brownfields Property will be suitable for the uses specified in subparagraph 12.a. above while
fully protecting public health and the environment. Should groundwater be encountered or
exposed during any activity on the Brownfields Property, it shall be managed in accordance with
the DEQ-approved EMP outlined in subparagraph 12.c. above, or a plan approved in writing in
advance by DEQ.
Soil
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 in subparagraph 12.c. above.
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 in subparagraph 12.c. above.
Bookers Garage/23074-19-060/21Mar2023
5

Vapor Intrusion
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 and public health
from the risk of vapor intrusion based on site assessment data, or a site -specific risk assessment
approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors into building
features in accordance with the most recent and applicable DWM Vapor Intrusion Guidance,
Interstate Technology & Regulatory Council (ITRC) guidance, and American National Standards
Institute (ANSI)/American Association of Radon Scientists and Technologists (AARST)
standards, and that a professional engineer licensed in North Carolina, as evidenced by said
engineer's professional seal, is satisfied that the design is fully protective of public health, and
shall include a performance monitoring plan detailing methodologies and schedule, both of
which are subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as -built diagrams, photographs, and a description of
the installation, with said engineer's professional seal confirming that the engineer is satisfied
that the system was installed per the DEQ approved design. If any deviations from the system
design were necessary during installation, then the report shall include details on said deviations,
as well as the engineer's seal certifying the VIMS, as installed, was installed in such a manner so
as to be fully protective of public health.
Property Access
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.
Notification of Tenants
j. 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
Bookers Garage/23074-19-060/21Mar2023
2

Public Records Law. The owner may use the following mechanisms to comply with the
obligations of this subparagraph: (i) If every lease or 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.
Separating Old from New Contamination
k. 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. as fuel or other fluids customarily used in vehicles, landscaping equipment and
emergency generators; and
iii. as constituents of products or materials customarily used or stored in high -
density residential, retail, restaurant, beverage or food production facility, office, recreational,
and parking environments, and subject to DEQ's prior written approval, other commercial uses,
provided such products and materials are stored in original retail packaging and used and
disposed of in accordance with applicable laws.
Land Use Restriction Update
1. 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 1 st of
that year shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the
chief public health and environmental officials of Mecklenburg County, certifying that, as of said
January 1 st, the Notice of Brownfields Property containing these land use restrictions remains
recorded at the Mecklenburg County Register of Deeds office and that the land use restrictions
are being complied with. If the Brownfields Property is transferred, the grantor shall submit a
LURU (as outlined above) which covers the period of time the grantor owned the Brownfields
Property during the calendar year of the transfer. The submitted LURU shall state the
following:
i. the Brownfields Property address, and 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;
Bookers Garage/23074-19-060/21Mar2023
7

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; and
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, 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.
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.
IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this day of , 202_.
1115 Seigle LLC
By: CoHab Development LLC, its Manager
Bookers Garage/23074-19-060/21Mar2023

C
UM
NORTH CAROLINA
COUNTY
Harrison Tucker
Manager
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 Seal)
Bookers Garage/23074-19-060/21Mar2023
Official Signature of Notary
Notary's printed or typed name, Notary Public
My commission expires:
9

************************************
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
Bruce Nicholson, Chief Date
Brownfields Redevelopment Section
Bookers Garage/23074-19-060/21Mar2023
10

EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: 1115 Seigle LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Bookers Garage
OF 1997, NCGS § 130A-310.30, et SeMc . ) 1113, 1115, and 1121 Seigle Avenue
Brownfields Project No. 23074-19-060 ) and 820 East 151h Street
Charlotte, Mecklenburg County
I. INTRODUCTION
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and 1115 Seigle LLC (collectively the "Parties")
pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et SeMc . (the
"Act") for the property located at 1113, 1115, and 1121 Seigle Avenue, and 820 East 151h Street
(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 1115 Seigle LLC, a limited liability company, with its
principal office located at 436 E. 36th Street, Charlotte, NC 28205. Its manager is CoHab
Development, LLC, which is managed by Harrison Tucker, 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 1115 Seigle LLC for contaminants at the Brownfields Property.
Bookers Garage/23074-19-060/21Mar2023

The Parties agree that 1115 Seigle LLC's entry into this Agreement, and the actions
undertaken by 1115 Seigle LLC in accordance with the Agreement, do not constitute an
admission of any liability by 1115 Seigle LLC for contaminants at the Brownfields Property.
The resolution of this potential liability, in exchange for the benefit 1115 Seigle 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 1115 Seigle 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 the 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
The Brownfields Property addresses are 1113, 1115, and 1121
Parcel Address(es) & Parcel
Seigle Avenue, and 820 East 15th Street, Charlotte,
IDs
Mecklenburg County. The tax IDs associated with the
Brownfields Property are: 08109913, 08109914, 08109921,
respectively.
Acreage
The Brownfields Property is approximately 0.52-acres.
Current Property Owner
The Brownfields Property is currently owned by 1115 Seigle
LLC.
2
Bookers Garage/23074-19-060/21Mar2023

BROWNFIELDS PROPERTY INFORMATION SUMMARY
Construction on this Brownfields Property has commenced in
Current Land Use(s)
accordance with a DEQ-approved Environmental
Management Plan (EMP) and Vapor Intrusion Mitigation
Plan.
The Brownfields Property is located in a mixed residential
and commercial area. There are single family residences
Site Vicinity Land Use(s)
located to the north and west of the Brownfields Property and
commercial uses to the east and south of the Brownfields
Property. These surrounding uses include restaurants and an
animal hospital.
High -density residential, retail, restaurant, beverage or food
Proposed Reuse(s)
production facility, office, recreational, parking, and subject
to DE 's prior written approval, other commercial uses.
As a result of the Brownfields Property's redevelopment, the
Public Benefits of Reuse
public benefits associated with the Brownfields Property
include, job creation, tax base increases, and revitalization of
blighted areas.
Existing Land Use
Restrictions Prior to
There are no existing land use restrictions associated with the
Brownfields Agreement
Brownfields Property.
ENVIRONMENTAL INFORMATION SUMMARY
The three parcels historically were occupied by three single-
family residences (1115 and 1121 Seigle Ave. and 820 E. 15a'
St) and one 1,200 square foot (sf) commercial building at
1113 Seigle Ave. The residences ranged in area between 954
Historical Operations &
sf to 1,103 sf and were first developed between 1928 and
Contaminant Sources
1936. The commercial building was constructed in the late
1950s to early 1960s and was occupied by an auto repair
facility between 1962 and 1979. Most recently, it was
occupied for various ministry -related operations, specifically
as part of the Bruised But Not Broken Outreach Ministry
The Brownfields Property is currently under construction.
Approximately 2,710 cubic yards of soil and debris were
Current Operations/Activities
exported offsite due to the redevelopment plans. Excavation
occurred on most of the Brownfields Property, however the
southeastern portion was not excavated and that soil remains
onsite.
Soil: Arsenic, lead, and benzo(a)pyrene were detected in
Contaminated Media
concentrations above Preliminary Soil Remediation Levels
(PSRGs) for residential site use. Benzo(g,h,i)perylene was
Bookers Garage/23074-19-060/21Mar2023

ENVIRONMENTAL INFORMATION SUMMARY
detected, but there is not a PSRG established for this
compound.
Groundwater: No constituents in groundwater were detected
at concentrations exceeding NCAC Title 15A Subchapter 2L
(2L) groundwater standards.
Soil Gas: Volatile organic compounds (VOCs), including
trichloroethylene (TCE), and semi -volatile organic
compounds (SVOCs) were detected at concentrations above
their respective Residential Vapor Intrusion Screening Levels
(VISLs).
Indoor Air: N/A
Surface Water/Sediment: N/A
ID Numbers/Permits
None
Onsite Receptors Considered
Construction workers, on -site workers, future residents,
visitors, animals, and trespassers
i. Water supply wells: There are no known water supply wells
in the vicinity of the Brownfields Property.
ii. Residential structures, churches, or childcare centers:
Potential Offsite Receptors
There are multiple single-family residential structures
Considered
surrounding the Brownfields Property to the north and west.
There are also high -density residential units to the east of the
Brownfields Property.
iii. Surface water: Little Sugar Creek is located to the
northwest of the Brownfields Property.
Groundwater: There are no known groundwater uses in the
Potential offsite migration
Brownfields Property vicinity.
pathways
Soil Gas: Soil gas concentrations of VOCs and SVOCs have
the potential to migrate offsite.
Bookers Garage/23074-19-060/21Mar2023

4. Environmental reports regarding the Brownfields Property referred to hereinafter as
the "Environmental Reports," include, but are not limited to:
a. Those that the Prospective Developer obtained or commissioned regarding the
Brownfields Property:
Title
Prepared by
Date of Report
Phase I Environmental Site Assessment
ECS Southeast, LLP
October 21, 2019
Report of Limited Soil and Groundwater
ECS Southeast, LLP
November 21, 2019
Assessment
Brownfields Assessment Report and Receptor
ECS Southeast, LLP
December 28, 2020
Survey
Vapor Intrusion Mitigation Plan -Bookers
Hart & Hickman, PC
August 4, 2021
Garage
In -Situ Soil Characterization Report
Hart & Hickman, PC
May 27, 2021
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 2, 2019, an
Amendment to the BPA dated June 10, 2021, and the following:
a. In January 2021, the Prospective Developer demolished the onsite residential
structures as per the January 15, 2021 Mecklenburg County Land Use and Environmental
Services Building Permit (issued for demolition), and DEQ's November 19, 2020 demolition
approval letter;
5
Bookers Garage/23074-19-060/21Mar2023

b. In April 2021, the Prospective Developer commenced initial site work, grading
activities, and construction pursuant to a DEQ-approved Environmental Management Plan
(EMP) required by subparagraph 12.c. below and a DEQ-approved Vapor Intrusion Mitigation
Plan. Construction was completed in March 2023 and occupancy is expected in the Spring of
2023.
c. Between June and November 2021, the Prospective Developer exported
approximately 2,600 cubic yards of soil and debris for off -site disposal to Reeve's Landfill and
approximately 110 cubic yards of soil and debris for off -site disposal to the Republic Services
Landfill in Concord, NC in accordance with a DEQ approval letter dated June 8, 2021 and DEQ-
approved EMP required by subparagraph 12.c. below;
d. On December 4, 2019, Prospective Developer's affiliate, 1121 Seigle LLC,
purchased the Brownfields Property from Alltime Factors Inc. (parcel IDs 08109913 and
08109921) and John Amon Sr. (parcel ID 08109914); and
e. On June 11, 2021, Prospective Developer's affiliate transferred ownership of
the Brownfields Property to the Prospective Developer.
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
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);
6
Bookers Garage/23074-19-060/21Mar2023

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
following public benefits:
a. a return to productive use of the Brownfields Property;
b. an increase in the Brownfields Property's productivity;
7
Bookers Garage/23074-19-060/21Mar2023

c. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
d. the creation of 50 temporary construction and 1-2 permanent onsite jobs;
e. an increase in tax revenue for affected jurisdictions;
f. additional high -density residential, retail, restaurant, beverage or food
production facility, office, recreational, parking, and subject to DEQ's prior written approval,
other commercial space for the area; 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 Redevelopment Section requirements, and remedial
or mitigation measures):
Section;
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Redevelopment Section Assessment Work Plan Checklist; and
d. the Brownfields Survey Plat Checklist.
10. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
8
Bookers Garage/23074-19-060/21Mar2023

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
EMP as specified in subparagraph 12.c. 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.
Land Uses
a. No use may be made of the Brownfields Property other than for high -density
residential, retail, restaurant, beverage or food production facility, office, recreational, parking,
and subject to DEQ's prior written approval, other commercial uses. For purposes of this
restriction, the following definitions apply:
9
Bookers Garage/23074-19-060/21Mar2023

i. "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,
townhomes, duplexes or other units with yards are prohibited.
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,
open air markets, festivals, food halls, and the sales of food and beverage products, including
food from mobile establishments such as food trucks.
iii. "Restaurant" is defined as a commercial business establishment that
prepares and/or serves food and/or beverages to patrons.
are provided.
iv. "Office" is defined as a place where business or professional services
v. "Recreation" is defined as indoor and outdoor exercise -related,
physically focused, or leisure -related activities, whether active or passive, and the facilities for
same, including, but not limited to, studios, swimming or wading pools, splash pads, clubhouses,
sports -related courts and fields, open space, greenways, parks, playgrounds, walking paths,
picnic and public gathering areas, campgrounds, boat docks, and marinas.
vi. "Beverage or Food Production Facility" is defined as an establishment
10
Bookers Garage/23074-19-060/21Mar2023

for the manufacture, sale and/or distribution of beverages and/or food products, including
without limitation beer, ale, and/or distilled spirits.
vii. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee, with the exception of educational space and childcare
facilities.
viii. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same.
Specific Prohibitions
b. The Brownfields Property may not be used for childcare centers, adult care
centers, or schools without the prior written approval of DEQ. Notwithstanding the foregoing, a
business enterprise is authorized to offer drop -in childcare while parents participate in activities
that are not employment -related and where the parents are on the premises or otherwise easily
accessible, or childcare provided by an employer for its part-time employees under the conditions
specified in in NCGS § 110-86(2)(d) and (d 1).
Environmental Management Plan
c. Physical redevelopment of the Brownfields Property may not occur other than
in accordance, 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
11
Bookers Garage/23074-19-060/21Mar2023

Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above;
iii. 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
iv. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment.
Redevelopment Summary Report
d. 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),
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;
12
Bookers Garage/23074-19-060/21Mar2023

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).
Groundwater
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 that the Brownfields Property will be suitable for the uses specified in subparagraph 12.a.
above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 12.c. above, or a plan
approved in writing in advance by DEQ.
Soil
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:
13
Bookers Garage/23074-19-060/21Mar2023

inches;
i. in connection with landscape planting to depths not exceeding 24
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 in subparagraph 12.c. above.
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 in subparagraph 12.c. above.
Vapor Intrusion
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 and public
health from the risk of vapor intrusion based on site assessment data, or a site -specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
14
Bookers Garage/23074-19-060/21Mar2023

1. designed to mitigate the intrusion of subsurface vapors
into building features in accordance with the most recent and applicable DWM Vapor Intrusion
Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American
National Standards Institute (ANSI)/American Association of Radon Scientists and
Technologists (AARST) standards, and that a professional engineer licensed in North Carolina,
as evidenced by said engineer's professional seal, is satisfied that the design is fully protective of
public health, and shall include a performance monitoring plan detailing methodologies and
schedule, both of which are subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as -built diagrams, photographs, and a description of the installation, with
said engineer's professional seal confirming that the engineer is satisfied that the system was
installed per the DEQ approved design. If any deviations from the system design were necessary
during installation, then the report shall include details on said deviations, as well as the
engineer's seal certifying the VIMS, as installed, was installed in such a manner so as to be fully
protective of public health.
Property Access
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.
15
Bookers Garage/23074-19-060/21Mar2023

Notification of Tenants
j. 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 or 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.
Separating Old from New Contamination
k. 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:
16
Bookers Garage/23074-19-060/21Mar2023

i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as fuel or other fluids customarily used in vehicles, landscaping
equipment and emergency generators; and
iii. as constituents of products or materials customarily used or stored in
high -density residential, retail, restaurant, beverage or food production facility, office,
recreational, and parking environments, and subject to DEQ's prior written approval, other
commercial uses, provided such products and materials are stored in original retail packaging
and used and disposed of in accordance with applicable laws.
Land Use Restriction Update
1. 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 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1 st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that
the land use restrictions are being complied with. If the Brownfields Property is transferred, the
grantor shall submit a LURU (as outlined above) which covers the period of time the grantor
owned the Brownfields Property during the calendar year of the transfer. The submitted LURU
shall state the following:
i. the Brownfields Property address, and the name, mailing address,
telephone number, and contact person's e-mail address of the owner, or board, association or
17
Bookers Garage/23074-19-060/21Mar2023

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;
and
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 121. above are performing as designed, and whether the uses of the ground
floors, including any tenant renovations, 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.
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
18
Bookers Garage/23074-19-060/21Mar2023

12.i. 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
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 § l 30A-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.
19
Bookers Garage/23074-19-060/21Mar2023

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 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 or 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
20
Bookers Garage/23074-19-060/21Mar2023

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 while Prospective
Developer owns 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 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 3 La. 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 2, 2019, and the amended Application
dated June 10, 2021, by which it applied for this Agreement, as modified herein. That use is that
which is provided 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.
21
Bookers Garage/23074-19-060/21Mar2023

XI. DEO'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
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
22
Bookers Garage/23074-19-060/21Mar2023

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
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 § I I3A-1, et SeMc .
23
Bookers Garage/23074-19-060/21Mar2023

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
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
24
Bookers Garage/23074-19-060/21Mar2023

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)(l)-(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.
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
25
Bookers Garage/23074-19-060/21Mar2023

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
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 Redevelopment Section
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:
Harrison Tucker (or successor in function)
1115 Seigle LLC
436 E 361h Street
Charlotte, NC 28205
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
26
Bookers Garage/23074-19-060/21Mar2023

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
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 VIII
(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
27
Bookers Garage/23074-19-060/21Mar2023

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.
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.
28
Bookers Garage/23074-19-060/21Mar2023

IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Bruce Nicholson, Chief Date
Brownfields Redevelopment Section
IT IS SO AGREED:
1115 SEIGLE LLC
By: CoHab Development LLC, its Manager
Harrison Tucker
Manager
29
Bookers Garage/23074-19-060/21Mar2023
Date

EXHIBIT 1
U
r"
p11K 5T "+ . r _I ll And [hristran
m _ .. `.� .-all And
y •p �% _ .. s� ,f - - 1'I,calvclrvl seminary.
ems, �.�• +.1 :•Ia:-o-rr Elrn
DAL TON AVE
f
---'--•-
'villa Hei is -'
MT Sdi
SITEk �
c fun" ..
rtrsl Via d 1� Y rC,, IJ N. gulf
` 4 {
Pots Ac,xl
3 Hm••thc•me
Acid
f ry sr y..r i`�4��
TrInt
Sdi
Q
13
N I:IIi�:fl ��•...5r j :. =•.
0 6 H £
m '
tlrocks[one - e
Schcnls
a. r,. p
V Central Plcdmcot F��d
Cornrnlnity Cdl - ElrraLeth �jOF
rl Cemral Canyws Traditional _ Z
Elam sch
_ "Era s7�1
ti. \
Kmg: -CJI
P 2;.
USGS The National Map: National Boundaries Dataset, 3DEP Elevation
-)Pro •• gram, Geographic Names Information.,$ystem, Nation0Hydrography
Dataset, National Land Cover Database, National Structures�Dataset,
and National Transportation Dataset; USGS Global Ecosystems; U.S.
Census Bureau TIGER/Line data; USF,S-Road Data; Natural Earth Data;
A Charlotte n
U.S. Department of State Humanitarian Information Unit;,;and, NOAA
-' - National Centers for Environmental Information, U.S. Coastal, Relief
Model. Data refreshed May, 2020.
0 2,000 4,000
N
SCALE IN FEET
U.S.G.S. QUADRANGLE MAP
CHARLOTTE EAST, NORTH CAROLINA 2013
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)

Exhibit 2
Brownfields Property Name: Bookers Garage
Brownfields Project Number: 23074-19-060
The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on November 5, 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.
SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Residential Health -Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (July
2022 version):
Concentration
Soil
Sample
Depth
Date of
Exceeding
Residential
Contaminant
Location
(ft)
Sampling
Screening
Level
Screening
Level (mg/kg)
(mg/kg)
Arsenic
SB-4
3-4
11/8/2019
2
0.68
Benzo a rene
SB-4
3-4
11/8/2019
0.388
0.11
Benzo ,h,i e lene
SB-4
3-4
11/8/2019
0.481
NSE
Lead
SS-2
0-1
10/9/2020
2,310
400
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
2The arsenic value is consistent with the observed range of naturally occurring background arsenic in
North Carolina soil.
SSoil represented by this sample location was excavated and placed in the Soil Management Area
approximately 10 feet of demonstrably clean soil or soil from areas of the Brownfields Property that did
not indicate the potential for impacts; the location is noted on the Brownfields Survey Plat, which is
Exhibit B to this Brownfields Agreement.
NSE — No screening level established
Bookers Garage/23074-19-060/16Mar2023

EXTERIOR SOIL GAS
Exterior 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 (July 2022 version):
Exterior Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level /m3
Residential
Screening
Level'
/m3
Benzene
SG-4
11/05/2020
17
12
SG-5
8/12/2020
22.5
1,3-Butadiene
SG-5
11/05/2020
13
3.1
cis-1,2-Dichloroethene
SG-3
11/05/2020
2.2NSE
SG-4
8/12/2020
2.4
Ethanol
SG-1/SG-Du
11/05/2020
170/170
NSE
SG-2
11/05/2020
97
SG-3
11/05/2020
40
SG-4
11/05/2020
110
SG-5
11/05/2020
26
SG-6
11/05/2020
47
4-Ethyltoluene
SG-DUP
8/12/2020
1.2 J
NSE
SG-6
11/05/2020
1.6
Naphthalene
SG-DUP
8/12/2020
3.8 J
2.8
SG-4
8/12/2020
4.9 J
Trichloroethene
SG-2
8/12/2020
31.8
14
SG-3
11/05/2020
46
Trichlorofluoromethane
SG-2
NSE
11/05/2020
1.7 J
SG-3
11/05/2020
1.3 J
SG-4
11/05/2020
1.3 J
SG-5
11/05/2020
1.3J
SG-6
11/05/2020
5.0
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NSE-No screening level established
J — Estimated value below the laboratory reporting limit but above the method detection limit.
Note: Acetone was detected in most exterior soil gas samples collected; however, because acetone is a
common analytical laboratory -introduced compound, the soil gas screening level for acetone is no longer
being published. The most recent Residential Soil Gas Screening Level for acetone was 220,000 µg/m3,
and none of the detected concentrations exceeded this limit. Therefore, acetone data is not summarized on
this table but remain available in the reports related to this property.
Bookers Garage/23074-19-060/16Mar2023
2

THIS PLAT IS NOT SUBJECT TO THE PROVISIONS I, Andrew G. Zoutewelle, certify that this plat was drawn under m
OF THE CITY OF CHARLOTTE OR MECKLENBURG I, ------------------------, Review Officer of Mecklenburg y P y
COUNTY SUBDIVISION ORDINANCES AND DOES NOT County, certify that the map or plat to which this certification is affixed meets supervision from an actual survey made under my supervision (deed
s.f. square feet (by coordinates) REQUIRE THE APPROVAL OF THE CHARLOTTE — descriptions recorded in deed books noted that the boundaries
all statutory requirements for recording. p >
not surveyed are clearly indicated as dashed lines drawn from adjoining
P.C.C.O post construction controls ordinance MECKLENBURG PLANNING COMMISSION. HOWEVER,
deed sources as shown hereon; that the ratio of precision as calculated
N:/E:/Z: northing/easting/elevation ANY FURTHER SUBDIVISION OF THIS PROPERTY is 1:15,000; that this plat was prepared in accordance with G.S. 47-30
conc. concrete MAY BE SUBJECT TO THESE PROVISIONS. as amended. Witness my original signature, registration number and seal
IPF/IRF iron pipe/rebar found 0
CHARLOTTE—MECKLENBURG PLANNING COMMISSION Review Officer this ----- day of 2023.
IRS iron rebar set Date -----------'
R/W right—of—way
MB,DB record map and deed references ono o PRELIMINARY — FOR
—OU— overhead utilities line Q O
PLANNING COMMISSION STAFF DATE REVIEW PURPOSES ONLY.
brownfields property boundary z
interioir lot lines / adjoinining lines O
—X— fence —line N
p gas meter = Andrew G. Zoutewelle, N.C. PLS
❑ r storm drain catch basin 1 v L-3098
storm drain manhole z
QD
Registration Number
•❑ sanitary sewer clean —out r-) w
�s sanitary sewer manhole IY e
hardwood tree CD
® water meter 1
H water valve Ohh
��
fire hydrant z ��\Q O
-0-0 power pole a
m power meter o�
�O O
® air conditioner G LAST REV ED 03-2� 23
FO fiber optic vault +
\ ,�� O
m soil sample (grab)
/ a
® soil sample (composite)
® groundwater sample 6Q\ °�'� ��Q0
® soil gas sample / O°�
� cp
BROWNFIELDS LEGEND
Brownfields Property Boundary
® soil gas sample location
exterior soil boring locations
® soil management area
(approximately 10 feet below grade)
IN
O;`o+
/ SQ�
�\ O
Q,
i ,or
Quo 4+ L
LSD os
9(s,�
`Sp,
o 6
e, 6
�G
Thomas E. Boone &
/ Danelle K. Boone
D.B. 33284 Pg. 973 0�� `'��°
Lot 4, Blk. 4 M.B. 151-43
Tax I.D. 08109915 / SG-2
®
o
S
BROWNFIELDS \
PROPERTY \
\ G\�
BOUNDARY �
SG —DU
°
Edwin B. Jarrett, IV & C". G, �A
Anna Miller sod O� °01�r
D.B. 36338 Pg. 919
Lot 12, Blk. 4 M.B. 151-43 \�� °off\� �� `� 3
Tax I.D. 08109909 0 �\ ��'����°r °°a°
IL CIO
�01�/'/Q'Q
T J
eD\4 -1°c
is�RL: SB-4 I
003
VICINITY MAP
(not to scale)\\ot 000 0+
�? / \
�X, CDP Selwyn Holdings, LLC �p
° D.B. 35083 Pg. 695
Lot 9, Blk. 4 M.B. 151-43 \�
Tax I.D. 08109912 /
GPS METADATA NOTE
(1) Class of Survey: A (horizontal) C (vertical) 0) /
(2) Positional Accuracy: Horizontal; 0.06 feet, Vertical; 0.13 feet
(3) Type of GPS field procedure: RTK Network (VRS) /
(4) Date of Survey: October 9, 2018
(5) Datum/Epoch: NAD-83 (201 1)(Epoch:2010.0000)
(6) Published/Fixed—control used: NCGS RTK (CORS) Network /
(7) Geoid Model: GElOD-12B
(8) Units: U.S. Survey Foot
Vertical datum is NAVD88
All distances shown hereon are horizontal ground distances.
Average combined factor: 0.999844488097
c
oQe/
SG-4
6p�O
O,o�/�,�
Point of BEGINNING
1/2" rebar set
N.C. Grid Coordinates
Northing = 543,350.07'
Easting = 1,456,127.65'
I (NAD83)
Pttch.�L
. 0 °' �00
Ar,
O•,`o+
0
t°
o99
General Notes
1. Source of title of this property is recorded in Deed Book 36172 Page 793
and Deed Book 36172 Page 796. This property is known as all of Lots
1, 2 and 3, Section 2 of BELMONT SPRINGS as shown on Map Book 151
Page 43 of the Mecklenburg County Registry.
Tax. I.D. numbers are: 081-099-14, 081-099-13, and 081—099-21.
2. Area of this property is 22,553 square feet or (0.5177 acre) as computed
by coordinates.
3. This property is zoned MUDD—CD per Mecklenburg County GIS. See Rezoning
Petition, Project Number 2018-17, approved on September 16, 2019 for
development requirements and setbacks.
This survey does not reflect a zoning analysis. Any development of this
property is subject to the approval of the City of Charlotte.
4. This survey does not reflect a complete title examination which may reveal
additional restrictions, easements and other matters of title.
5. This survey does not reflect complete utility locations. Contractors should
contact the NC One —Call Locating Center at 1-800-632-4949 before any
design, digging, or excavation is begun.
6. This property is not located within a FEMA Flood Fringe Area per FEMA
Flood Panel No. 3710455400K with an effective date of February 19, 2014.
7. The purpose of this survey is to describe land subject to a new
Brownfields Agreement. The areas and types of contamination depicted hereon
are approximations derived from the best available information at the time of
filing. A listing of the technical reports used to prepare this plat are available
in the Brownfields Agreement for this property.
8. This map is a survey of an existing parcel of land and does NOT create
a subdivision of land.
*** CAUTION ***
THERE MAY BE UTILITIES OTHER THAN THOSE SHOWN.
THE SURVEYOR ASSUMES NO RESPONSIBILITY FOR UTILITIES
NOT SHOWN HEREON. IT IS THE CONTRACTOR'S
RESPONSIBILITY TO VERIFY THEIR LOCATIONS.
CALL BEFORE YOU DIG
1-800-632-4949
Sheet 1 of 2
EXHIBIT B to the Notice of Brownfields Property —SURVEY PLAT
ID
,_.)ookers Garage
Brownfields Project Number: 23074-19-060
Mecklenburg County Tax Parcel I.D. Numbers:
081—099-13, 081—099-14, and 081—099-21
1113, 1115 & 1121 SEIGLE AVENUE and 820 EAST 15TH STREET
CHARLOTTE, MECKLENBURG COUNTY, N.C.
1115 SEIGLE LLC (Owner and Prospective Developer)
Date of Survey: October 17, 2020
Scale 1 " = 20'
0' 20' 40' 60' 80'
A.G. ZOUTEWELLE
SURVEYORS
1418 East Fifth St. Charlotte, NC 28204
Phone: [phone] Fax: [phone]
Firm Licensure Number C-1054
7• \,)n,)1 rne/cc\ DCTC\ aanwniPIPI PA znni P, avrw it 111 -4-11 91

LAND USE RESTRICTIONS
NCGS 130A-310.35(a) requires recordation of a Notice of Brownfields Property ("Notice") that identifies any restrictions on the current and future use of a Brownfields Property that
are necessary or useful to maintain the level of protection appropriate for the designated current or future use of the property and that are designated in a Brownfields Agreement
pertaining to the property. This survey plat constitutes one of three exhibits to the Notice pertaining to the Brownfields Property depicted on this plat and recorded at the Mecklenburg
County Register of Deeds' office. The exhibits to the Notice are: the Brownfields Agreement for the subject property, which is attached as Exhibit A to the Notice; a reduced version of
this survey plat, which is attached as Exhibit B to the Notice; and a legal description for the subject property, which is attached as Exhibit C to the Notice. The land use restrictions
below have been excerpted verbatim from paragraph 12 of the Brownfields Agreement, and all paragraph letters/numbers are the same as those used in the Brownfields
Agreement. The following Land Use Restrictions are hereby imposed on the Brownfields Property and shall remain in force in perpetuity unless canceled by the Secretary of
the North Carolina Department of Environmental Quality (or its successor in function), or his/her designee, after the hazards have been eliminated, pursuant to NCGS §
130A-310.35(e):
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.
Land Uses
a. No use may be made of the Brownfields Property other than for high -density residential, retail, restaurant, beverage or food production facility, office, recreational,
parking, and subject to DEQ's prior written approval, other commercial uses. For purposes of this restriction, the following definitions apply:
for the purposes of N.C.G.S. § 130A-310.35
Bruce Nicholson, Chief
Brownfields Redevelopment Section
State of North Carolina
County of Wake
Property Access
Date
LAND USE RESTRICTIONS (continued)
This map is a survey of existing parcels of land within the City of
Charlotte and does not create a new street, change an existing street
or create a subdivision of land.
PRELIMINARY — FOR
REVIEW PURPOSES ONLY
i
Andrew G. Zoutewelle, PLS Date
N.C. Registration No. L-3098
I, Andrew G. Zoutewelle, certify that this plat was drawn under my
supervision from an actual survey made under my supervision (deed
descriptions recorded in deed books noted); that the boundaries
not surveyed are clearly indicated as dashed lines drawn from adjoining
deed sources as shown hereon; that the ratio of precision as calculated
is 1:15,000; that this plat was prepared in accordance with G.S. 47-30
as amended. Witness my original signature, registration number and seal
this _____ day of __—__—___-_, 2023.
PRELIMINARY — FOR
REVIEW PURPOSES ONLY.
Andrew G. Zoutewelle, N.C. PLS
L-3098
Registration Number
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
i. "High -Density Residential" is defined as permanent dwellings where residential units are attached to each other with common walls, such as condominia, apartments, group 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
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., efforts to minimize interference with authorized uses of the Brownfields Property. privately -owned courtyards are prohibited), and may include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages. Single LAST REVSED 03-2�
family homes, townhomes, duplexes or other units with yards are prohibited. Notification of Tenants
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, open air
markets, festivals, food halls, and the sales of food and beverage products, including food from mobile establishments such as food trucks.
iii. "Restaurant" is defined as a commercial business establishment that prepares and/or serves food and/or beverages to patrons.
iv. "Office" is defined as a place where business or professional services are
provided.
V. "Recreation" is defined as indoor and outdoor exercise -related, physically focused, or leisure -related activities, whether active or passive, and the facilities for same,
including, but not limited to, studios, swimming or wading pools, splash pads, clubhouses, sports- related courts and fields, open space, greenways, parks, playgrounds, walking paths,
picnic and public gathering areas, campgrounds, boat docks, and marinas.
vi. "Beverage or Food Production Facility" is defined as an establishment for the manufacture, sale and/or distribution of beverages and/or food products, including without
limitation beer, ale, and/or distilled spirits.
vii. "Commercial" is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee, with the exception of educational space and childcare facilities.
viii. "Parking" is defined as the temporary accommodation of motor vehicles in an area designed for same.
Specific Prohibitions
b. The Brownfields Property may not be used for childcare centers, adult care centers, or schools without the prior written approval of DEQ. Notwithstanding the foregoing, a
business enterprise is authorized to offer drop -in childcare while parents participate in activities that are not employment -related and where the parents are on the premises or otherwise
easily accessible, or childcare provided by an employer for its part-time employees under the conditions specified in in NCGS § 110-86(2)(d) and (dl).
Environmental Management Plan
C. Physical redevelopment of the Brownfields Property may not occur other than in accordance, 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. issues related to known or potential sources of contamination, including without limitation those resulting from contamination identified in paragraph 3 above;
iii. 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
iv. plans for the proper characterization and DEQ approval of both fill soil before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment.
Redevelopment Summary Report
d. 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), 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).
Groundwater
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 that the Brownfields Property will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in accordance with the DEQ-approved EMP outlined in subparagraph 12.c. above, or a
plan approved in writing in advance by DEQ.
Soil
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 in subparagraph 12.c. above.
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 in subparagraph 12.c. above.
Vapor Intrusion
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 and public health from the risk of vapor intrusion based on site assessment data, or a site -specific risk assessment
approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
Ldesigned to mitigate the intrusion of subsurface vapors into building features in accordance with the most recent and applicable DWM Vapor Intrusion Guidance,
Interstate Technology & Regulatory Council (ITRC) guidance, and American National Standards Institute (ANSI)/American Association of Radon Scientists and Technologists
(AARST) standards, and that a professional engineer licensed in North Carolina, as evidenced by said engineer's professional seal, is satisfied that the design is fully protective of public
health, and shall include a performance monitoring plan detailing methodologies and schedule, both of which are subject to prior written DEQ approval; and
j.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 or 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.
Separating Old from New Contamination
k. 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. as fuel or other fluids customarily used in vehicles, landscaping equipment and emergency generators; and
iii. as constituents of products or materials customarily used or stored in high- density residential, retail, restaurant, beverage or food production facility, office, recreational,
and parking environments, and subject to DEQ's prior written approval, other commercial uses, provided such products and materials are stored in original retail packaging and used
and disposed of in accordance with applicable laws.
Land Use Restriction Update
1. 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 1 st
of that year shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the chief public health and environmental officials of Mecklenburg County, certifying
that, as of said January 1 st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that the
land use restrictions are being complied with. If the Brownfields Property is transferred, the grantor shall submit a LURU (as outlined above) which covers the period of time the
grantor owned the Brownfields Property during the calendar year of the transfer. The submitted LURU shall state the
following:
i. the Brownfields Property address, and 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; and
iii. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 121. above are performing as designed, and whether the uses of the ground floors,
including any tenant renovations, 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
Exhibit 2
Brownfields Property Name: Bookers Garage
Brownfields Project Number: 23074-19-060
The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on November 5, 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.
SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Residential Health -Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (July
2022 version):
Concentration
Soil
Sample
Depth
Date of
Exceeding
Residential
Contaminant
Location
(ft)
Sampling
Screening
Screening
Level
Level (mg/kg)
(mg/kg)
Arsenic
SB-4
3-4
11/8/2019
2
0.68
Benzo a rene
SB-4
3-4
11/8/2019
0.388
0.11
Benzo ,h,i a lene
SB-4
3-4
11/8/2019
0.481
NSE
Lead'
SS-2
0-1
10/9/2020
1 2,310
1 400
'Screening levels displayed for non-careinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
'The arsenic value is consistent with the observed range of naturally occurring background arsenic in
North Carolina soil.
'Soil represented by this sample location was excavated and placed in the Soil Management Area
approximately 10 feet of demonstrably clean soil or soil from areas of the Brownfields Property that did
not indicate the potential for impacts; the location is noted on the Brownfields Survey Plat, which is
Exhibit B to this Brownfields Agreement.
NSE — No screening level established
Bookers Garage/23074-19-060/16Mar2023
1
EXTERIOR SOIL GAS
Exterior 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 (July 2022 version):
Exterior Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Levelµ m2
Residential
Screening
Level`
{µ m3
Benzene
SG-4
11/05/2020
17
12
SG-5
8/12/2020
22.5
1,3-Butadiene
SG-5
11/05/2020
13
3.1
cis-1,2-Dichloroethene
SG-3
11/05/2020
2.2
NSE
SG-4
8/12/2020
2.4
Ethanol
SG-1/SG-Du
11/05/2020
170/170
NSE
SG-2
11/05/2020
97
SG-3
11/05/2020
40
SG-4
11/05/2020
t io
SG-5
11/05/2020
26
SG-6
11/05/2020
47
4-Ethyltoluene
SG-DUP
8/12/2020
1.2 J
NSE
SG-6
11/05/2020
1.6
Naphthalene
SG-DUP
8/12/2020
3.8 J
2.8
SG-4
8/12/2020
4.9 J
Trichloroethene
SG-2
8/12/2020
31.8
14
SG-3
11/05/2020
46
Trichlorofluoromethane
SG-2
NSE
11/05/2020
1.7 J
SG-3
11/05/2020
1.3 J
SG
11/05/2020
1.3 J
SG-5
11/05/2020
1.3J
SG-6
11/05/2020
5.0
`Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NSE-No screening level established
J — Estimated value below the laboratory reporting limit but above the method detection limit.
Note: Acetone was detected in most exterior soil gas samples collected; however, because acetone is a
common analytical laboratory -introduced compound, the soil gas screening level for acetone is no longer
being published. The most recent Residential Soil Gas Screening Level for acetone was 220,000 µg/m',
and none of the detected concentrations exceeded this limit. Therefore, acetone data is not summarized on
this table but remain available in the reports related to this property.
Bookers Garage/23074-19-060/16Mar2023
EXHIBIT B to the Notice of Brownfields Property —SURVEY PLAT
Sheet 2 of 2 7E)o okers Garage
Brownfields Project Number: 23074-19-060
Mecklenburg County Tax Parcel I.D. Numbers:
081 —099-1 3, 081—099-14, and 081—099-21
1113, 1115 8c 1121 SEIGLE AVENUE and 820 EAST 15TH STREET
CHARLOTTE, MECKLENBURG COUNTY, N.C.
1115 SEIGLE LLC (Owner and Prospective Developer)
Date of Survey: October 17, 2020
Scale 1 " = 20'
0' 20' 40' 60' 80'
h�l�►/[IlIJ����1��1���0�01�01�[I
2. installed and an installation report is submitted for written DEQ approval that includes as -built diagrams, photographs, and a description of
the installation, with said engineer's professional seal confirming that the engineer is satisfied that the system was installed per the DEQ approved design. If any deviations from the
system design were necessary during installation, then the report shall include details on said deviations, as well as the engineer's seal certifying the VIMS, as installed, was installed in
such a manner so as to be fully protective of public health.
SUIRVEYOFRS
1418 East Fifth St. Charlotte, NC 28204
Phone: [phone] Fax: [phone]
Firm Licensure Number C-1054

EXHIBIT C
LEGAL DESCRIPTION
BEING all that certain tract or parcel of land located within the City of Charlotte, Mecklenburg
County, North Carolina, and fronting on Seigle Avenue and on East 15th Street, and being known
as Lots 1, 2 and 3 in Block 4 as shown on that certain plat entitled "Belmont Springs" as
recorded in Map Book 151 Page 43 of the Mecklenburg County Registry, and being more
particularly described as follows:
BEGINNING at an iron rebar set ("Point of Beginning") located at the intersection of the
northwesterly right-of-way margin of Seigle Avenue, said right-of-way having a width of 50 feet
as shown on the said Map Book 151 Page 43 of the Mecklenburg County Registry, and the
southwesterly right-of-way margin of East 15th Street, said right-of-way having a width of 50
feet as shown on the said Map Book 151 Page 43 of the Mecklenburg County Registry, said iron
rebar set Point of Beginning having NC Grid Coordinates of N: 543,350.07', E: 1,456,127.65',
said iron rebar set Point of Beginning being also located the following three (3) calls from an
iron rebar found located at the northerly or northernmost corner of Lot 4 in Block 4 as shown on
the said Map Book 151 Page 43 of the Mecklenburg County Registry: (1) South 46-19-22 East
49.90 feet to an iron rebar found, (2) South 46-11-12 East 50.36 feet to an iron pipe found and
(3) South 46-06-32 East 99.98 feet, and running thence from said POINT OF BEGINNING
along the northwesterly right-of-way margin of the said Seigle Avenue South 43-40-46 West
(passing an iron rebar found at 75.00 feet) a total distance of 150.00 feet to an iron rebar found;
thence along the common line with Lots 9, 10 and 11 in Block 4 as shown on the said plat
recorded in Map Book 151 Page 43 of the Mecklenburg County Registry the following three (3)
calls: (1) North 46-22-38 West 50.00 feet to an iron rebar found, (2) North 46-02-11 West 50.10
feet to an iron rebar found and (3) North 46-17-56 West 49.92 feet to an iron rebar found; thence
along the common line with Lot 4 in Block 4 as shown on the said plat recorded in Map Book
151 Page 43 of the Mecklenburg County Registry North 43-33-22 East 150.27 feet to an iron
rebar set; thence along the southwesterly right-of-way margin of the aforesaid East 15th Street
the following two (2) calls: (1) South 46-11-12 East 50.36 feet to an iron pipe found and (2)
South 46-06-32 East 99.98 feet to the POINT OF BEGINNING, containing 0.5177 acre, more or
less, as shown on a survey conducted by Andrew G. Zoutewelle, North Carolina Professional
Land Surveyor No. L-3098, dated October 17, 2020.
Bookers Garage/23074-19-060/16Mar2023