25067_Dynatech III_PC Package

From:Minnich, Carolyn
To:Wes McAdams; Mason Ellerbe; Chris S. Walker - Alexander Ricks PLLC ([e-mail])
Cc:Scott, Michael; Woosley, Julie; Nicholson, Bruce; Wahl, Tracy; Watson, Samuel; Liggins, Shirley; Day, Collin;
Tatum, Katie; Macdonald, Janet K; Channell, Ryan; Thomas, Dianne; Caldwell, Shawna; Morris, Brett L.; Joe
Hack ; David Caldwell; Smithberger, Jeffrey; John McCulloch
Subject:25067 Dynatech III Approval to Public Comment
Date:Wednesday, May 10, 2023 1:08:00 PM
Attachments:image001.png25067 Dynatech II_PC Docs Approved 20230510.pdf
Dear Wes McAdams:
Based on acceptance by the Prospective Developer of drafts of all four required brownfieldsdocuments -- the Notice of Intent to Redevelop a Brownfields Property (NI), Summary of Notice ofIntent to Redevelop a Brownfields Property (SNI), Notice of Brownfields Property (NBP) and theBrownfields Agreement (Exhibit A to the NBP) -- and DEQ's approval of the plat component of the
NBP, Prospective Developer may now proceed to the tasks required by NCGS § 130.310.34(a) inconnection with the required public notice and comment period of at least 30 days regarding thesubject brownfields project. Those tasks are as follows:
1. Publish the approved SNI in a newspaper of general circulation serving the area in which thebrownfields property is located;
2. Conspicuously post a copy of the SNI at the Brownfields Property;
3. Mail or deliver the SNI to each owner of property contiguous to the Brownfields Property; and
4. Provide a copy of the full NI, consisting of the one-page NI and the NBP with its three exhibits(Exhibit A, the Brownfields Agreement with its Exhibit 1, Exhibit 2 if used, and Exhibit 3 if used;Exhibit B, the survey plat, and Exhibit C, the legal description), to all local governments havingjurisdiction over the Brownfields Property.
5. Provide a copy of the full NI to the local location where it will be available for public review asstated in the SNI; Pursuant to NCGS § 130.310.34.(b), the public comment period shall begin the day following
completion of the above public notice tasks. The date by which you have represented to theBrownfields Redevelopment Section that the last of the above tasks will be complete is May 15,2023. The NI and SNI, with this date filled in, are attached hereto for public notice purposes. The comment period shall not end any sooner than 30 days after you complete the public noticetasks, or 30 days after this published date, whichever is later.
NCGS § 130.310.34(b) also requires the Prospective Developer to submit documentation of thepublic notices to DEQ prior to DEQ entering into a Brownfields Agreement. That documentationshall be submitted promptly after each task has been accomplished by providing to me, preferably [e-mail] or at Brownfields Redevelopment Section, 1646 Mail Service Center,Raleigh, NC 27699-1646, the following:
Affidavit of publication of the SNI from the newspaper or a copy of the SNI published in the
newspaper which shows the name of the newspaper and the date of publication;
Photos of the SNI posted at the site, one close up to show the wording and one far enough to
show the posting location relative to the property;
Copies of the cover letters and copies of the mailing receipts stamped by the post office or
copies of the delivery service receipts for the SNI sent to contiguous property owners; and
Delivery confirmation either from the receiving entity or from the carrier (i.e. certified mail
receipt, fed ex tracking information) confirming receipt of the full NI from each local
government entity and the entity where the document will be available for viewing.
Thank you for your attention to these matters. If you have any questions or require additionalinformation, please contact me.

Carolyn Minnich
Project Manager, Brownfields Redevelopment Section
North Carolina Department of Environmental Quality
704-661-0330

Email correspondence to and from this address is subject to the North Carolina
Public Records Law and may be disclosed to third parties.

NI Shell 1/2023
Dynatech III/25067-21-060/25April2023

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NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Dynatech III Brownfields Project Number: 25067-21-060 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 May 15, 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:

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

Dynatech III/25067-21-060/09May2023

SUMMARY OF NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY Brownfields Property Name: Dynatech III Brownfields Project Number: 25067-21-060 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, 704 West
Tremont Owner, LLC, as Prospective Developer, has filed with the North Carolina Department of Environmental Quality
(“DEQ”) a Notice of Intent to Redevelop a Brownfields Property located at 2205, 2209, & 2301 Toomey Avenue and 660
& 704 West Tremont Avenue, Charlotte, Mecklenburg County (“Brownfields Property”). The Brownfields Property, which
is the former site of residential, commercial and industrial uses including limited operations from former Dynatech
Industries, consists of 6.458 acres. Environmental contamination exists on the Brownfields Property in soil, sediment,
groundwater, and soil gas. 704 West Tremont Owner, LLC has committed itself to redevelop the Brownfields Property for
no uses other than office, retail, hotel, open space, restaurant, beverage or food production facility, parking, recreation,
warehousing, industrial, institutional, high density rental residential, and, with prior DEQ approval, other commercial uses.
The Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement between DEQ
and 704 West Tremont Owner, 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 County Library
- West Boulevard Branch located 2157 West Boulevard, Charlotte, NC by contacting Caitlin Moen at 704/416-0626; or at
the offices of the N.C. Brownfields Redevelopment Section, 217 West Jones Street, Raleigh, NC or by contacting Shirley
Liggins at that address, at [e-mail], 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
25067-21-060 into the search bar at the following web address: https://edocs.deq.nc.gov/WasteManagement/

The Act requires a public comment period of at least 30 days. The first day of public comment is defined as the day
after which all of the following public notice tasks have occurred: the date this Notice is: (1) published in a newspaper of
general circulation serving the area in which the Brownfields Property is located; (2) conspicuously posted at the
Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the Brownfields Property.
Written public comments may be submitted to DEQ within 30 days after the public comment period begins. Written requests
for a public meeting may be submitted to DEQ within 21 days after the public comment period begins. These periods will
start no sooner than May 15, 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:
Bruce Nicholson, Chief Brownfields Redevelopment Section Division of Waste Management NC Department of Environmental Quality 1646 Mail Service Center Raleigh, North Carolina 27699-1646

Dynatech III/25067-21-060/09May2023
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Property Owner: 704 West Tremont Owner, LLC Recorded in Book ____, Page ____
Associated plat recorded in Plat Book ____, Page ____ NOTICE OF BROWNFIELDS PROPERTY Brownfields Property Name: Dynatech III Brownfields Project Number: 25067-21-060 This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat component, have been filed this _____ day of __________________, 2023 by 704 West Tremont Owner, LLC (“Prospective Developer”). This Notice concerns contaminated property. A copy of this Notice certified by the North Carolina Department of Environmental Quality (“DEQ”) is required to be filed in the Register of Deeds’ Office in the county or counties in which the land is located, pursuant to North Carolina General Statutes (“NCGS”), § 130A-310.35(b). This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate the danger to public health or the environment posed by environmental contamination at a property (“Brownfields Property”) being addressed under the Brownfields Property Reuse Act of 1997, NCGS § 130A, Article 9, Part 5 (“Act”). Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified copy of this Notice within 15 days of Prospective Developer’s receipt of DEQ’s approval of the Notice or Prospective Developer’s entry into the Brownfields Agreement required by the Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the grantor index under the names of the owners of the land and, if Prospective Developer is not the owner, also under the Prospective Developer’s name. The Brownfields Property is located at 2205, 2209 & 2301 Toomey Avenue and 660 & 704 West Tremont Avenue, Charlotte, Mecklenburg County. The Brownfields Property is 6.458 acres and lies near and to the northeast of the intersection of I-77 and Remount Road. Historically, the
Brownfields Property was undeveloped, then residential and some commercial and industrial

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occupants, including Dynatech Industries, which conducted chrome plating operations. The Prospective Developer intends to redevelop the Brownfields Property for no uses other than
office, retail, hotel, open space, restaurant, beverage or food production facility, parking,
recreation, warehousing, industrial, institutional, high density rental residential, and, with prior DEQ approval, other commercial uses. Soil, sediment, groundwater, and soil gas are impacted at the Brownfields Property. Additionally, methane is present in soil gas, likely due to the proximity of an offsite former unregulated landfill. The vapor mitigation plans include
installation of a methane vapor mitigation system in residential buildings.
A Brownfields Agreement was previously recorded for a portion of the subject Brownfields Property on October 23, 2003, at Book 16323, Page 290-321 of the Mecklenburg County land records (2213 Toomey Avenue; a/k/a Dynatech Industries; Brownfields Project Number 02002-
98-060). The property boundary lines were redrawn for 2213 Toomey Avenue, which resulted in
portions of the subject Brownfields Property being subject to the October 2003 Brownfields Agreement. The land use restrictions set forth in and imposed on the Brownfields Property by this Notice shall immediately SUPERSEDE AND REPLACE the original land use restrictions imposed on portions of the Brownfields Property by the October 23, 2003 Brownfields Agreement
(Brownfields Project No. 02002-98-060), which shall no longer be of any force or effect as to the
Brownfields Property. Refer to the plat component of this Notice (Exhibit B) for specific boundaries. The remaining portions of the property subject to the October 2003 Brownfields Agreement are the subject of Dynatech II Project No. 25001-21-060.
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

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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. As noted above, the land use restrictions set forth in and imposed on the Brownfields Property by this Notice shall immediately SUPERSEDE AND REPLACE the original land use restrictions imposed on portions of the Brownfields Property by the October 23, 2003
Brownfields Agreement (Brownfields Project No. 02002-98-060) recorded at Book 16323, Page 290-321 of the Mecklenburg County land records, which shall no longer be of any force or effect as to the Brownfields Property. 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 13 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: Land Uses
a. No use may be made of the Brownfields Property other than for industrial,
office, warehousing, beverage or food production facility, retail, restaurant, hotel, recreation, open space, institutional, parking, high density rental residential, and, subject to DEQ’s prior written approval, other commercial uses. These land uses and their definitions below apply solely for purposes of this Agreement, and do not waive any local zoning, rule, regulation, or
permit requirements:
i. Industrial is defined as the assembly, fabrication, manufacture, processing, warehousing, or distribution of goods or materials, and can include flex parks, and research and development uses. ii. Office is defined as a place where business or professional services
are provided.
iii. Warehousing is defined as the use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others, and also refers to the storage of goods and materials for a specific commercial establishment or a group of establishments in a particular type of industry or commercial
activity.
iv. 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. v. 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/or beverage products, including from mobile establishments such as food trucks.

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vi. Restaurant is defined as a commercial business establishment that prepares and serves food and/or beverages, including alcoholic beverages under all applicable
local, state, and federal regulations, to patrons.
vii. Hotel is defined as the provision of overnight lodging to paying customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on-site hospitality, management and reception services. viii. 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 pools, sports-related courts and fields, open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas. ix. Open Space is defined as land maintained in a natural or
landscaped state and used for natural resource protection, buffers, greenways, or detention
facilities for stormwater. x. Institutional is defined as the use of land, buildings or structures for public, non-profit or quasi-public purposes, such as libraries, community centers, post-secondary education facilities, or health care facilities.
xi. Parking is defined as the temporary accommodation of motor
vehicles in an area designed for same. xii. High-Density Rental Residential is defined as for rent-only permanent dwellings where residential units are attached to each other with common walls, such as 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 unless approved in advance by DEQ in writing), and may include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages. Single family homes, townhomes for individual sale, duplexes or other units with yards are prohibited unless approved in advance by DEQ in writing.
xiii. 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. 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 or guardians 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 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

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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).

Water e. Groundwater and surface water 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 13.a above while fully protecting public health and the environment. Should
groundwater or surface water 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 13.c., 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

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carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in subparagraph 13.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 13.c.
g. No residential use of the Brownfields Property may occur until the then owner
of the Brownfields Property conducts representative final grade soil sampling, pursuant to a plan approved in writing by DEQ, of any area within the Brownfields Property that is not covered by building foundations, sidewalks, asphaltic or concrete parking areas and driveways, or two feet of documented clean fill material. The provisions of this subparagraph shall not be applicable in
areas of the Brownfields Property that have not been, or will not be, disturbed or altered during
redevelopment activities. h. 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 13.c.
Vapor Intrusion & Methane i. No enclosed building may be constructed on the Brownfields Property, and no use of any existing building, defined as those depicted on the plat component of the Notice of
Brownfields Property referenced below in paragraph 17, may be changed to high density rental
residential use as defined above in subparagraph 13.a.xii 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 and methane intrusion based on site assessment data or a site-specific risk assessment approved in writing by DEQ; or
ii. a vapor intrusion and methane mitigation system (VIMS and MMS) has
been: 1. designed to mitigate vapors and methane for subgrade 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 as well as the DEQ Brownfields Program Threshold Criteria for Methane Site
Development (December 2020, or the most current version thereof) and DEQ’s July 13, 2021 letter re: Response to Reuse Plans and that said design shall fully protect public health to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said
engineer’s professional seal, and shall include a performance monitoring plan detailing
methodologies and schedule, both of which are subject to prior written DEQ approval;

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2. designed to address electrical wiring, gas flame for heat or cooking, or other potential sources of risk of ignition of methane or landfill gases that poses
potential risks of exposure or ignition of methane or landfill gases on the Brownfields Property;
3. 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 in accordance with the Methane Mitigation System Design Report (November
2022) accepted by DEQ on December 2, 2022 (and any subsequent DEQ-accepted amendments).
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 and MMS, as installed, was installed in such a manner so as to be fully protective of public health; and
4. confirmed to be effective through the implementation of a VIMS
and MMS pre-occupancy confirmation sampling event pursuant to a plan approved in advance
and in writing by DEQ. j. A professional engineer licensed in North Carolina shall provide a methane/landfill gas venting evaluation and plan to address driveways, parking surfaces, and any
impervious surfaces to protect public health from risks posed by subsurface methane/landfill gas. To the extent DEQ determines that such venting is required in order to protect public health from risks posed by subsurface methane/landfill gas, the proponent of such planned surfaces shall install and maintain such venting. The design plans for driving and parking surfaces and for any impervious surface covering shall require prior written DEQ approval and shall be signed and
sealed by a professional engineer licensed in North Carolina. Unless otherwise approved by DEQ, no portion of the Brownfields Property containing such driveway and parking surfaces containing such venting may be used for the uses defined above in subparagraph 13.a. until DEQ has approved a report on post-construction methane/landfill gas sampling for such portion of the Brownfields Property, and in the vicinity of any impervious surface covering installed at such
portion of the Brownfields Property. Property Access k. 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. Damage to Monitoring Wells
l. The owner of any portion of the Brownfields Property where a subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ, unless compliance with this land use restriction is waived in writing by DEQ in advance.
Notification of Tenants
m. Any deed or other instrument conveying an interest in the Brownfields

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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 n. 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 constituents of products and materials customarily used and stored in
office, retail, hotel, open space, restaurant, beverage or food production facility, parking,
recreation, institutional, high density rental residential, and, with prior DEQ approval, other commercial environments, provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable laws; iii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on-board tanks integral to said equipment or in flammable
liquid storage containers totaling no more than 25 gallons; and iv. in products or materials that are brought onto the Brownfields Property, kept in their original packaging or containers (that is, not used or repackaged) and later removed from the Brownfields Property in the original packaging or containers.

Land Use Restriction Update o. During January of each year after the year in which the Notice referenced below in paragraph 17 is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to
DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that the land use restrictions are being complied with. If the Brownfields Property is transferred, the grantor shall submit a LURU (as outlined above) which covers the period of time they 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,

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telephone number, and contact person’s e-mail address of the owner, or board, association or approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a
joint LURU is submitted, acquired any part of the Brownfields Property during the previous
calendar year; ii. the transferee’s name, mailing address, telephone number, and contact person’s e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is submitted, transferred any part of the Brownfields Property during the previous calendar year;
iii whether any vapor barrier and/or vapor intrusion/methane mitigation
systems installed pursuant to subparagraph 13.i. 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 vapor intrusion/methane mitigation systems have changed, and, if so, how, and under which precautions so as not to interfere with the operation of said system;
iv. a summary record of all vapor intrusion/methane monitoring data taken
during the preceding year as a result of implementation of Methane Mitigation System Design
Report (November 2022) accepted by DEQ; and v. A LURU submitted for rental units shall include enough of each lease entered into during the previous calendar year to demonstrate compliance with lessee notification
requirements in subparagraph 13.m. of this Agreement provided that if standard form leases or
form riders are used in every instance, a copy of such standard form lease or rider may be sent in lieu of copies of actual leases. For purposes of the land use restrictions set forth above, the DEQ point of contact shall be
the DEQ Brownfields Property Management Branch referenced in subparagraph 32.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

Dynatech III/25067-21-060/09May2023
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statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a Brownfields Property under the Brownfields Property Reuse Act.

Dynatech III/25067-21-060/09May2023
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IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly executed this _____ day of _______________, 2023.

704 West Tremont Owner, LLC By: Toomey Multifamily JV, LLC, its sole member

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

Dynatech III/25067-21-060/09May2023
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************************************
APPROVAL AND CERTIFICATION OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY The foregoing Notice of Brownfields Property is hereby approved and certified.
North Carolina Department of Environmental Quality
By: _________________________________________ ________________________ Bruce Nicholson, Chief Date
Brownfields Redevelopment Section
Division of Waste Management

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EXHIBIT A

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: 704 West Tremont Owner, LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Dynatech III OF 1997, NCGS § 130A-310.30, et seq. ) 2205, 2209 & 2301 Toomey Ave Brownfields Project No. 25067-21-060 ) 660 & 704 West Tremont Ave ) Charlotte, Mecklenburg County

I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and 704 West Tremont Owner, LLC
(collectively the "Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS §
130A-310.30, et seq. (the “Act”) for the property located at 2205, 2209, and 2301 Toomey
Avenue and 660 and 704 West Tremont Avenue, Charlotte, Mecklenburg County (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 704 West Tremont Owner, LLC, a member-managed
Delaware limited liability company that has been qualified to transact business in the State of
North Carolina. 704 West Tremont Owner, LLC’s sole member is Toomey Multifamily JV,
LLC, and its principal office is located at 4445 Willard Avenue, Suite 900, Chevy Chase,
Maryland 20815.
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

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Reservation of Rights) and Section XII (Prospective Developer’s Covenant Not to Sue), the
potential liability of 704 West Tremont Owner, LLC for contaminants at the Brownfields
Property.
The Parties agree that 704 West Tremont Owner, LLC’s entry into this Agreement, and
the actions undertaken by 704 West Tremont Owner, LLC in accordance with the Agreement, do
not constitute an admission of any liability by 704 West Tremont Owner, LLC for contaminants
at the Brownfields Property. The resolution of this potential liability, in exchange for the benefit
704 West Tremont Owner, LLC shall provide to DEQ, is in the public interest.
II. DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
1. “Brownfields Property” shall mean the property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2. “Prospective Developer” shall mean 704 West Tremont Owner, LLC.
III. BROWNFIELDS PROPERTY INFORMATION SUMMARY
3. Relevant information about the history, ownership, and uses of the Brownfields
Property is provided in the following summary table. Refer to 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.

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BROWNFIELDS PROPERTY INFORMATION SUMMARY
Parcel Address(es) & Parcel IDs
2205 and 2209 Toomey Avenue (Parcel ID 11906424) 660 and 704 West Tremont Avenue and 2301 Toomey Avenue (Parcel ID 11906420)
Acreage 6.458
Current Property Owner 704 West Tremont Owner, LLC
Current Land Use(s) Vacant; under construction
Site Vicinity Land Use(s) Industrial, commercial, residential
Proposed Reuse(s)
Office, retail, hotel, open space, restaurant, beverage or food production facility, parking, recreation, warehousing, industrial, institutional, high density rental residential, and, with prior DEQ approval, other commercial uses
Public Benefits of Reuse
Job creation, tax base increase, increased productivity/return to productive use, spur to additional community
redevelopment, additional residential, commercial and other
types of space for the area, expanded use of public transportation, and smart growth.
Existing Land Use
Restrictions Prior to Brownfields Agreement
Dynatech Brownfields Property (02002-98-060) Notice of Brownfields Property recorded October 23, 2003 Deed Book 16323, Page 290 Plat Book 40 Page 399

The land use restrictions in the Notice of Brownfields Property recorded October 23, 2003 applied to a portion of the Brownfields Property but are superseded by the Notice of Brownfields Property referenced in paragraph 17 below as to the Brownfields Property as provided in paragraph 13 below
and are no longer in force or effect.

ENVIRONMENTAL INFORMATION SUMMARY
Historical Operations & Contaminant Sources
Undeveloped land until as late as 1931, after which residential structures and a small commercial building were constructed on the Brownfields Property. Several row houses on 704 W. Tremont Avenue constructed by 1943 were razed in 1993 and
a warehouse was constructed in 1994 that was recently
demolished in connection with redevelopment. In 2006 a trailer and material storage yard were identified on 2207 Toomey Avenue. Former tenants of the Brownfields Property included a shoemaker, a plumbing and heating company, a
fencing and grading company, and a trucking company. The
fencing and grading company disposed of materials

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ENVIRONMENTAL INFORMATION SUMMARY
qualifying as “beneficial fill” under 15A NCAC 13B.0562 at
an average depth of seven feet below ground surface in an approximately 0.161-acre area depicted on the plat component of the Notice of Brownfields Property referenced below in paragraph 17 as documented in a Solid Waste
Disposal Record recorded on April 10, 1995 in the
Mecklenburg County land records, Book 8111, Page 223. Former tenants of the off-site 2213 Toomey Avenue building included a hauler of household goods, operators of textile
machinery, Dynatech Industries, and a custom storage tank
manufacturer. Dynatech Industries operated as a facility for chrome plating of camshafts for large scale industrial air compressors which involved the generation of hazardous wastes.

Off-site methane gas is likely migrating to the Brownfields Property. The source of methane is likely the former quarry to the west at Powers Site Brownfields Property Project No. 20045-16-060.
Current Operations/Activities Redevelopment activities
Contaminated Media
Soil: Semi-volatile organic compounds (SVOCs) were detected in subsurface soil above Residential Preliminary Soil Remediation Goals (PSRGs) or above laboratory detection limits for constituents that do not have PSRGs. Metal
concentrations of lead, hexavalent chromium and arsenic were also detected above the Residential PSRGs. Sediment: Concentrations of arsenic and benzo(a)pyrene were detected above Residential PSRGs.
Groundwater: Metal concentrations of chromium and lead were detected above their respective 15A NCAC 02L groundwater standards. Volatile organic compounds (VOCs) and SVOCs that do not have DWM VISLs were detected in
groundwater above laboratory detection limits. Exterior Soil Gas: VOCs were detected above DWM Residential VISLs or above laboratory detection limits for constituents that do not have DWM VISLs. Methane was
detected in the subsurface in two sample locations above the
Lower Explosive Limit (LEL). The source of the methane is

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ENVIRONMENTAL INFORMATION SUMMARY
thought to be the materials that were utilized to fill the former
quarry at the adjacent Powers Site Brownfields Property Project No. 20045-16-060.
ID Numbers/Permits Brownfields Project No. 02002-98-060 IHSB NCD981014517 (only a portion of this IHSB site is included in the Brownfields Property footprint)
Onsite Receptors Considered On-site workers, construction workers, visitors, animals, and future residents
Potential Offsite Receptors
Considered
i. The NCBRS Receptor Survey is on file. ii. Water supply wells: No water supply wells were identified within 1,500 feet of the Brownfields Property. iii. Residential structures, churches, or childcare
centers: High density apartments, townhomes, and churches are located east and south of the Brownfields Property. iv. Surface water: Intermittent stream is located on the eastern portion of the Brownfields Property that
eventually drains to Irwin Creek.
Potential offsite migration
pathways
Groundwater: Surrounding properties are served by municipal
water.
Soil Vapor: Potential soil vapor pathways include soil and utilities.

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
Methane Mitigation System Design Report Dynatech III Brownfields Property Geosyntec Consultants of NC, PC November 2022
Environmental Management Plan Hart & Hickman, PC October 19, 2021
Monitoring Well Abandonment Report Hart & Hickman, PC December 20, 2021
Additional Brownfields Assessment Report Dynatech II and Dynatech III Hart & Hickman, PC January 4, 2022
Draft Brownfields Assessment Report PARTNER Engineering August 17, 2021

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Title Prepared by Date of Report
Dynatech II Brownfields Property 2207, 2213, 2301, 2315, 2320, and 2335 Toomey Avenue and 704 West Tremont Avenue
North Carolina, PLLC
Methane Assessment Report Dynatech II Brownfields Property PARTNER Engineering North Carolina, PLLC June 14, 2021
Geotechnical Report Addendum I Test Pit Excavation Finding Toomey Ave Multi-Family Project
PARTNER Engineering North Carolina, PLLC February 22, 2021
Data Kick-off Meeting Presentation PARTNER Engineering North Carolina, PLLC February 2021
Phase II Subsurface Investigation Report Toomey Avenue Multifamily Project PARTNER Engineering North Carolina, PLLC February 12, 2021
Geotechnical Report Toomey Avenue Multifamily Project PARTNER Engineering North Carolina, PLLC January 19, 2021
Phase I Environmental Site Assessment 2213 Toomey Ave PARTNER Engineering North Carolina, PLLC June 8, 2020
Phase I Environmental Site Assessment
Toomey Avenue Multifamily Project
PARTNER Engineering
North Carolina, PLLC
December 11, 2020
Analytical Report (methane results) Eurofins TestAmerica August 24, 2020
Notice of Brownfields Property Dynatech 02002-98-060 DEQ - Brownfields October 23, 2003, recorded
b. Other available reports:
Title Prepared by Date of Report
Misc. IHSB No. NCD981014517 DEQ, EPA 1991 through 2020
Preliminary Assessment Dynatech Industries, Inc. NCD981014517
DWM, Superfund Section May 1993
Site Inspection and Site Inspection References Dynatech Industries, Inc. NCD981014517
DWM, Superfund Section November 1994

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c. Other applicable off-site reports:
Title Prepared by Date of Report
Additional Soil and Groundwater Assessment Activities Altura Environmental, Inc. October 10, 2000
Surface Water and Sediment Sampling Altura Environmental, Inc. March 23, 2001
Phase I Environmental Site Assessment 2320 Toomey Ave PARTNER Engineering North Carolina, PLLC November 2, 2020
Phase II Subsurface Investigation Report 2320 Toomey Ave PARTNER Engineering North Carolina, PLLC. December 17, 2020

IV. PROSPECTIVE DEVELOPER’S INVOLVEMENT 5. For purposes of this Agreement DEQ relies on Prospective Developer’s
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (BPA) dated January 5, 2021, preparing
and submitting to DEQ an Amendment to BPA dated August 13, 2021, and the following.
a. On July 26, 2021, Prospective Developer purchased the Brownfields Property;
b. In October 2021, the Prospective Developer began redevelopment activities at
the Brownfields Property, including building demolition and initial grading activities and soil
export, in accordance with a DEQ-approved Environmental Management Plan (EMP) dated
October 19, 2021, as required by subparagraph 13.c. below; and
c. On December 2, 2022, DEQ approved a Methane Mitigation System Design
Report (MMP) dated November 2022 required by subparagraph 13.i. below, and Prospective
Developer has commenced implementation of the MMP.
6. Prospective Developer has provided DEQ with information, or sworn certifications

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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);
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. Prospective Developer has paid to DEQ the $2,000 fee to seek a brownfields
agreement required by NCGS § 130A-310.39(a)(1), and shall make a payment to DEQ of $6,000
at the time Prospective Developer and DEQ enter into this Agreement, defined for this purpose
as occurring no later than the last day of the public comment period related to this Agreement.
The Parties agree that such fees will suffice as the $2,000 fee to seek a brownfields agreement

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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. an increase in the Brownfields Property’s productivity;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of approximately 200 construction jobs and 20 full-time jobs after
redevelopment is completed;
d. an increase in tax revenue for affected jurisdictions;
e. additional high-density rental residential, commercial, and other types of space
for the area;
f. expanded use of public transportation which reduces traffic, improves air
quality, and reduces our carbon footprint; and
g. “smart growth” through use of land in an already developed area, which avoids
development of land beyond the urban fringe (“greenfields”).
VI. WORK TO BE PERFORMED
9. The guidelines as embodied in their most current version, including parameters,
principles and policies within which the desired results are to be accomplished are (as to: field

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procedures, laboratory testing, Brownfields Redevelopment Section requirements, and remedial
or mitigation measures):
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund
Section;
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields 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,
using the nine (9) credit categories incorporated into the U.S. Green Building Council
Leadership in Energy and Environmental Design (LEED) certification program (Integrative
Process, Location and Transportation, Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Innovation, and Regional
Priority), or a similar program.
11. Based on the information in the Environmental Reports, other available reports, and
subject to imposition of and compliance with the land use restrictions set forth below, and
subject to Section XI of this Agreement (DEQ’s Covenant Not to Sue and Reservation of
Rights), DEQ is not requiring Prospective Developer to perform any active remediation at the
Brownfields Property other than remediation that may be required pursuant to a DEQ-approved
Environmental Management Plan (EMP) as specified in subparagraph 13.c. below.
12. Based on the type and concentrations of impacts to soil gas, soil and groundwater
detected during assessment activities as outlined in paragraphs 3 and 4 above, vapor intrusion

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and methane assessment is sufficient for design of mitigation for the uses authorized in
subparagraph 13.a below and the development proposed in the DEQ-approved EMP required by
subparagraph 13.c. below.
VII. LAND USE RESTRICTIONS
13. By way of the Notice of Brownfields Property referenced below in paragraph 17,
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. As referenced in paragraph 3 above, for 2213 Toomey Avenue, there were
previous land use restrictions recorded in October 2003 as part of a previous Brownfields
Agreement (Brownfields Project No. 02002-98-060). The land use restrictions set forth in this
paragraph and imposed on the Brownfields Property by the Notice of Brownfields Property
referenced below in paragraph 17 SUPERSEDE AND REPLACE the original land use
restrictions imposed on portions of the Brownfields Property by the October 2003 Brownfields
Agreement (Brownfields Project No. 02002-98-060). The property boundary lines were redrawn
for 2213 Toomey Avenue, which resulted in portions of the Brownfields Property being subject
to the October 2003 Brownfields Agreement referenced above. Refer to the plat component of
the Notice of Brownfields Property referenced below in paragraph 17 for specific boundaries. 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 industrial,
office, warehousing, beverage or food production facility, retail, restaurant, hotel, recreation,

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open space, institutional, parking, high density rental residential, and, subject to DEQ’s prior
written approval, other commercial uses. These land uses and their definitions below apply
solely for purposes of this Agreement, and do not waive any local zoning, rule, regulation, or
permit requirements:
i. Industrial is defined as the assembly, fabrication, manufacture,
processing, warehousing, or distribution of goods or materials, and can include flex parks, and
research and development uses.
ii. Office is defined as a place where business or professional services
are provided.
iii. Warehousing is defined as the use of a commercial building for
storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses
among others, and also refers to the storage of goods and materials for a specific commercial
establishment or a group of establishments in a particular type of industry or commercial
activity.
iv. 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.
v. 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/or beverage products, including
from mobile establishments such as food trucks.
vi. Restaurant is defined as a commercial business establishment that

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prepares and serves food and/or beverages, including alcoholic beverages under all applicable
local, state, and federal regulations, to patrons.
vii. Hotel is defined as the provision of overnight lodging to paying
customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on-
site hospitality, management and reception services.
viii. 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 pools, sports-related courts and fields,
open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering
areas.
ix. Open Space is defined as land maintained in a natural or
landscaped state and used for natural resource protection, buffers, greenways, or detention
facilities for stormwater.
x. Institutional is defined as the use of land, buildings or structures for
public, non-profit or quasi-public purposes, such as libraries, community centers, post-secondary
education facilities, or health care facilities.
xi. Parking is defined as the temporary accommodation of motor
vehicles in an area designed for same.
xii. High-Density Rental Residential is defined as for rent-only
permanent dwellings where residential units are attached to each other with common walls, such
as 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

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(e.g., privately-owned courtyards are prohibited unless approved in advance by DEQ in writing),
and may include related amenities, such as pools, clubhouses, courtyards, common areas,
recreation areas and parking garages. Single family homes, townhomes for individual sale,
duplexes or other units with yards are prohibited unless approved in advance by DEQ in writing.
xiii. 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.
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 or guardians 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 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

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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

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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).
Water
e. Groundwater and surface water 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 13.a above while fully protecting public health and the environment. Should
groundwater or surface water 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 13.c., 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 13.a above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;

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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 13.c.
g. No residential use of the Brownfields Property may occur until the then owner
of the Brownfields Property conducts representative final grade soil sampling, pursuant to a plan
approved in writing by DEQ, of any area within the Brownfields Property that is not covered by
building foundations, sidewalks, asphaltic or concrete parking areas and driveways, or two feet
of documented clean fill material. The provisions of this subparagraph shall not be applicable in
areas of the Brownfields Property that have not been, or will not be, disturbed or altered during
redevelopment activities.
h. 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 13.c.
Vapor Intrusion & Methane
i. No enclosed building may be constructed on the Brownfields Property, and no
use of any existing building, defined as those depicted on the plat component of the Notice of
Brownfields Property referenced below in paragraph 17, may be changed to high density rental
residential use as defined above in subparagraph 13.a.xii until DEQ determines in writing that:

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i. the building is or would be protective of the building’s users and public
health from the risk of vapor and methane intrusion based on site assessment data or a site-
specific risk assessment approved in writing by DEQ; or
ii. a vapor intrusion and methane mitigation system (VIMS and MMS) has
been:
1. designed to mitigate vapors and methane for subgrade 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 as well as the DEQ Brownfields Program Threshold Criteria for Methane Site
Development (December 2020, or the most current version thereof) and DEQ’s July 13, 2021
letter re: Response to Reuse Plans and that said design shall fully protect public health to the
satisfaction of a professional engineer licensed in North Carolina, as evidenced by said
engineer’s professional seal, and shall include a performance monitoring plan detailing
methodologies and schedule, both of which are subject to prior written DEQ approval;
2. designed to address electrical wiring, gas flame for heat or
cooking, or other potential sources of risk of ignition of methane or landfill gases that poses
potential risks of exposure or ignition of methane or landfill gases on the Brownfields Property;
3. 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 in accordance with the Methane Mitigation System Design Report (November

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2022) accepted by DEQ on December 2, 2022 (and any subsequent DEQ-accepted amendments).
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 and MMS,
as installed, was installed in such a manner so as to be fully protective of public health; and
4. confirmed to be effective through the implementation of a VIMS
and MMS pre-occupancy confirmation sampling event pursuant to a plan approved in advance and
in writing by DEQ.
j. A professional engineer licensed in North Carolina shall provide a
methane/landfill gas venting evaluation and plan to address driveways, parking surfaces, and any
impervious surfaces to protect public health from risks posed by subsurface methane/landfill gas.
To the extent DEQ determines that such venting is required in order to protect public health from
risks posed by subsurface methane/landfill gas, the proponent of such planned surfaces shall
install and maintain such venting. The design plans for driving and parking surfaces and for any
impervious surface covering shall require prior written DEQ approval and shall be signed and
sealed by a professional engineer licensed in North Carolina. Unless otherwise approved by
DEQ, no portion of the Brownfields Property containing such driveway and parking surfaces
containing such venting may be used for the uses defined above in subparagraph 13.a. until DEQ
has approved a report on post-construction methane/landfill gas sampling for such portion of the
Brownfields Property, and in the vicinity of any impervious surface covering installed at such
portion of the Brownfields Property.
Property Access
k. Neither DEQ, nor any party conducting environmental assessment or

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Dynatech III/25067-21-060/20230425
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.
Damage to Monitoring Wells
l. The owner of any portion of the Brownfields Property where a subsequently
installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants
shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time
period acceptable to DEQ, unless compliance with this land use restriction is waived in writing
by DEQ in advance.
Notification of Tenants
m. 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

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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
n. 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 constituents of products and materials customarily used and stored in
office, retail, hotel, open space, restaurant, beverage or food production facility, parking,
recreation, institutional, high density rental residential, and, with prior DEQ approval, other
commercial environments, provided such products and materials are stored in original retail
packaging and used and disposed of in accordance with applicable laws;
iii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on-board tanks integral to said equipment or in flammable
liquid storage containers totaling no more than 25 gallons; and
iv. in products or materials that are brought onto the Brownfields Property,
kept in their original packaging or containers (that is, not used or repackaged) and later removed
from the Brownfields Property in the original packaging or containers.

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Land Use Restriction Update
o. During January of each year after the year in which the Notice referenced
below in paragraph 17 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to
DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that
the land use restrictions are being complied with. If the Brownfields Property is transferred, the
grantor shall submit a LURU (as outlined above) which covers the period of time they 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;
iii whether any vapor barrier and/or vapor intrusion/methane mitigation
systems installed pursuant to subparagraph 13.i. above are performing as designed, and whether
the uses of the ground floors, including any tenant renovations, of any buildings containing such

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Dynatech III/25067-21-060/20230425
vapor barrier and/or vapor intrusion/methane mitigation systems have changed, and, if so, how,
and under which precautions so as not to interfere with the operation of said system;
iv. a summary record of all vapor intrusion/methane monitoring data taken
during the preceding year as a result of implementation of Methane Mitigation System Design
Report (November 2022) accepted by DEQ; and
v. A LURU submitted for rental units shall include enough of each lease
entered into during the previous calendar year to demonstrate compliance with lessee notification
requirements in subparagraph 13.m. of this Agreement provided that if standard form leases or
form riders are used in every instance, a copy of such standard form lease or rider may be sent in
lieu of copies of actual leases.
14. 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.
15. 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
16. In addition to providing access to the Brownfields Property pursuant to subparagraph
13.k. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access

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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.
17. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property (“Notice”) for the Brownfields Property containing, inter alia, the land use restrictions
set forth in Section VI (Work to Be Performed) of this Agreement and a survey plat of the
Brownfields Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date
of this Agreement, Prospective Developer shall file the Notice in the Mecklenburg County,
North Carolina, Register of Deeds’ Office. Within three (3) days thereafter, Prospective
Developer shall furnish DEQ a copy of the documentary component of the Notice containing a
certification by the register of deeds as to the Book and Page numbers where both the
documentary and plat components of the Notice are recorded, and a copy of the plat with
notations indicating its recordation.
18. 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

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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.
19. 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
20. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In

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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 32.a. below of any such required notification.
X. CERTIFICATION
21. 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 January 5, 2021, and by the Amendment to
Brownfields Property Application dated August 13, 2021, by which it applied for this
Agreement. That use is that which is provided in subparagraph 13.a. of this Agreement.
Prospective Developer also certifies that to the best of its knowledge and belief it has fully and
accurately disclosed to DEQ all information known to Prospective Developer and all information
in the possession or control of its officers, directors, employees, contractors and agents which
relates in any way to any past use of regulated substances or known contaminants at the
Brownfields Property and to its qualification for this Agreement, including the requirement that
it not have caused or contributed to the contamination at the Brownfields Property.
XI. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
22. 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

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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
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

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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.
23. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
24. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
25. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 22 through 24 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent

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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
26. 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
27. 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
28. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer’s duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.

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29. Except for the land use restrictions set forth in paragraph 13 above and NCGS §
130A-310.33(a)(1)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XV. DOCUMENT RETENTION
30. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.

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XVI. PAYMENT OF ENFORCEMENT COSTS
31. 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
32. 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 Branch (or successor in function)
Brownfields Redevelopment Section
N.C. Division of Waste Management Mail Service Center 1646 Raleigh, NC 27699-1646
b. for Prospective Developer:
Wes McAdams 704 West Tremont Owner, LLC 4445 Willard Ave, Suite 900
Chevy Chase, MD 20815
Notices and submissions sent by prepaid first-class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVIII. EFFECTIVE DATE
33. This Agreement shall become effective on the date the Prospective Developer signs

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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
34. 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
35. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
36. 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

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in writing no later than 60 days prior to the initiation of such suit or claim.
37. 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
38. 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.

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IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By: ____________________________________________________________________________ Michael Scott Date Director, Division of Waste Management

IT IS SO AGREED: 704 WEST TREMONT OWNER, LLC By: Toomey Multifamily JV, LLC, its sole member

By: ____________________________________________________________________________ John Wesley McAdams II Date Authorized Signatory

USGS The National Map: National Boundaries Dataset, 3DEP ElevationProgram, Geographic Names Information System, National HydrographyDataset, National Land Cover Database, National Structures Dataset, andNational Transportation Dataset; USGS Global Ecosystems; U.S. CensusBureau TIGER/Line data; USFS Road Data; Natural Earth Data; U.S.Department of State Humanitarian Information Unit; and NOAA NationalCenters for Environmental Information, U.S. Coastal Relief Model. Datarefreshed June, 2022.
SITE LOCATION MAP
DYNATECH III
2205, 2209 & 2301 TOOMEY AVE AND660 & 704 WEST TREMONT AVECHARLOTTE, NORTH CAROLINA
DATE: 5-9-23
JOB NO: ABS-002
REVISION NO: 0
EXHIBIT 1
2923 South Tryon Street - Suite 100Charlotte, North Carolina 28203704-586-0007 (p) 704-586-0373 (f)License # C-1269 / # C-245 Geology
TITLE
PROJECT
0 2,000 4,000
SCALE IN FEET
Path: M:\AAA_DRAFTING\ABS-002\Figure 1.mxdN
U.S.G.S. QUADRANGLE MAP
CHARLOTTE EAST, NORTH CAROLINA 2022
QUADRANGLE7.5 MINUTE SERIES (TOPOGRAPHIC)
SITESITE
25067-21-060/Dynatech III (20230411)

1
Exhibit 2 The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred on November 2, 2021. The following table sets forth, for contaminants present at the Brownfields Property above residential 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 levels for purposes of this Agreement. GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the standards for which are contained in Title 15A of the North Carolina Administrative Code, Subchapter 2L (2L), Rule .0202, (April 1, 2022 version):

Groundwater
Contaminant
Sample
Location
Date of
Sampling
Maximum
Concentration Exceeding
Standard (µg/L)
Standard
(µg/L)
Chromium B-2GW 1/14/2021 18.3 10 B-4GW 1/14/2021 38.2
Hexavalent
Chromium
MW-3 /
Duplicate-6 6/28/2021 0.844 NSE
Lead B-4GW 1/14/2021 18.3 15

NSE – no screening level established
GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter (the equivalent of parts per billion), the vapor intrusion screening levels for which are derived
from the Residential Vapor Intrusion Screening Levels of the Division of Waste Management
January 2023 version):

Groundwater Contaminant with Potential for Vapor Intrusion
Sample Location Date of Sampling
Concentration
Exceeding
Screening
Level (µg/L)
Residential VI
Screening
Level1
(µg/L)
Acetone B-1GW 1/14/2021 36.5 NSE Duplicate-6 2 6/28/2021 0.68 J
Benzyl Alcohol B-1GW 1/14/2021 7.2 J NSE Fluoranthene B-2GW 1/14/2021 3.3 J NSE
Pyrene B-2GW 1/14/2021 2.7 J NSE

1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. 2Duplicate-6 collected from monitoring well MW-3. J – Compound was detected at a concentration above the laboratory method detection limits but below the laboratory reporting limits, resulting in a laboratory estimated concentration NSE – no screening level established
25067-21-060/Dynatech III (20230411)

2
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
(January 2023 version):

Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration Exceeding
Screening
Level (mg/kg)
Residential Screening
Level1 (mg/kg)
Arsenic3
DI-SL-01 Unknown 5/18/1994 2.3
0.68
B-1 4 1/13/2021 1.1 J
B-2 10 1/13/2021 1.7 J
B-8 6 6/21/2021 2.9
B-9 4 6/21/2021 3.2
B-10 4 6/21/2021 1.6 J
FCC-1A 3-10 6/21/2021 1.9 J
FCC-2A / Duplicate-1 5-10 6/21/2021 11.1
FCC-3A 4-10 6/21/2021 0.71 J
FCC-5A 5-8 6/22/2021 0.87 J
FCC-5B 8-13 6/22/2021 1.1 J
FCC-6 4-8 6/23/2021 3.0
FCC-7A /
Duplicate-3 2-4 6/23/2021 1.9
FCC-7B 4-8 6/23/2021 3.2
FCC-8A 0-5 6/23/2021 1.2 J
Benzo(a)anthracene
B-2 10 1/13/2021 1.5
1.1
B-8 6 6/21/2021 23.6
B-9 4 6/21/2021 1.71 J
FCC-1A 3-10 6/21/2021 12.0
FCC-1B 12-16 6/21/2021 3.76
FCC-7A /
Duplicate-3 2-4 6/23/2021 6.02
FCC-8A 0-5 6/23/2021 3.63
Benzo(a)pyrene B-1 4 1/13/2021 <0.202 0.11
Benzo(a)pyrene
B-2 10 1/13/2021 1.2
0.11
B-3 10 1/13/2021 <0.142
B-4 4 1/13/2021 <0.152
B-8 6 6/21/2021 19.6
B-9 4 6/21/2021 1.39 J
B-10 4 6/21/2021 <0.6362

25067-21-060/Dynatech III (20230411)

3
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration Exceeding
Screening
Level (mg/kg)
Residential Screening
Level1 (mg/kg)
Benzo(a)pyrene
FCC-1A 3-10 6/21/2021 9.90
0.11
FCC-1B 12-16 6/21/2021 3.26
FCC-2A /
Duplicate-1 5-10 6/21/2021 0.488
FCC-2B 12-18 6/21/2021 <1.442
FCC-3A 4-10 6/21/2021 <0.1402
FCC-3B 12-14 6/21/2021 <0.1432
FCC-4A/Duplicate-
2
4-10 6/22/2021 <0.1462
FCC-4B 10-14 6/22/2021 <0.1542
FCC-5A 5-8 6/22/2021 <0.6322
FCC-5B 8-13 6/22/2021 <0.1372
FCC-6 4-8 6/23/2021 <0.1332
FCC-7A /
Duplicate-3 2-4 6/23/2021 4.52
FCC-7B 4-8 6/23/2021 0.374 J
FCC-8A 0-5 6/23/2021 2.77
FCC-8B 6-8 6/23/2021 <0.1302
FCC-9 6-8 6/23/2021 <0.1442
Benzo(b)fluoranthene
B-2 10 1/13/2021 1.9
1.1
B-8 6 6/21/2021 28.5
B-9 4 6/21/2021 1.98
FCC-1A 3-10 6/21/2021 14.2
FCC-1B 12-16 6/21/2021 4.59
FCC-2B 12-18 6/21/21021 <1.392
FCC-7A / Duplicate-3 2-4 6/23/2021 6.44
FCC-8A 0-5 6/23/2021 4.03
Benzo(g,h,i)perylene
B-2 10 1/13/2021 0.71
NSE
B-8 6 6/21/2021 14.7
B-9 4 6/21/2021 0.936 J
FCC-1A 3-10 6/21/2021 7.36
FCC-1B 12-16 6/21/2021 2.39
FCC-2A /
Duplicate-1 5-10 6/21/2021 0.365 J
FCC-7A / Duplicate-3 2-4 6/23/2021 3.11 J
FCC-7B 4-8 6/23/2021 0.253 J
FCC-8A 0-5 6/23/2021 1.98
25067-21-060/Dynatech III (20230411)

4
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration Exceeding
Screening
Level (mg/kg)
Residential Screening
Level1 (mg/kg)
Cadmium DI-SL-01 Unknown 5/18/1994 <9.82 1.4
Chromium (Total) DI-SL-01 Unknown 5/18/1994 45 0.31
Hexavalent Chromium
B-1 4 1/13/2021 <6.82
0.31
B-2 10 1/13/2021 <6.22
B-3 10 1/13/2021 <5.12
B-4 4 1/13/2021 <5.02
B-8 6 6/21/2021 0.566 J
B-9 4 6/21/2021 2.43
B-10 4 6/21/2021 0.791 J
FCC-1A 3-10 6/21/2021 1.36
FCC-1B 12-16 6/21/2021 2.05
FCC-2A /
Duplicate-1 5-10 6/21/2021 0.606 J
FCC-2B 12-18 6/21/2021 <0.3252
FCC-3A 4-10 6/21/2021 <0.3112
FCC-3B 12-14 6/21/2021 <0.3182
FCC-4A / Duplicate-2 4-10 6/22/2021 0.837 J
FCC-4B 10-14 6/22/2021 0.361 J
FCC-5A 5-8 6/22/2021 1.14 J
FCC-5B 8-13 6/22/2021 1.18 J
FCC-6 4-8 6/23/2021 0.342 J
FCC-7A / Duplicate-3 2-4 6/23/2021 0.543 J
FCC-8A 0-5 6/23/2021 0.877 J
FCC-8B 6-8 6/23/2021 1.30
FCC-9 6-8 6/23/2021 1.11 J

Dibenz(a,h)anthracene

B-1 4 1/13/2021 <0.192
0.11

B-2 10 1/13/2021 0.21 J
B-3 10 1/13/2021 <0.132
B-4 4 1/13/2021 <0.132
B-8 6 6/21/2021 4.17
B-9 4 6/21/2021 <0.7162
B-10 4 6/21/2021 <0.7082
FCC-1A 3-10 6/21/2021 1.92 J
FCC-1B 12-16 6/21/2021 <0.7292
FCC-2A
/Duplicate-1 5-10 6/21/2021 <0.1542
FCC-2B 12-18 6/21/2021 <1.602
FCC-3A 4-10 6/21/2021 <0.1562
25067-21-060/Dynatech III (20230411)

5
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration Exceeding
Screening
Level (mg/kg)
Residential Screening
Level1 (mg/kg)

Dibenz(a,h)anthracene
FCC-3B 12-14 6/21/2021 <0.1592
0.11
FCC-4A /Duplicate-2 4-10 6/22/2021 <0.1632
FCC-4B 10-14 6/22/2021 <0.1722
FCC-5A 5-8 6/22/2021 <0.7042
FCC-5B 8-13 6/22/2021 <0.1522
FCC-6 4-8 6/23/2021 <0.148
FCC-7A /
Duplicate-3 2-4 6/23/2021 <1.492
FCC-7B 4-8 6/23/2021 <0.1442
FCC-8A 0-5 6/23/2021 <0.7512
FCC-8B 6-8 6/23/2021 <0.1452
FCC-9 6-8 6/23/2021 <0.1612
Indeno(1,2,3-
cd)pyrene
B-8 6 6/21/2021 13.3
1.1
FCC-1A 3-10 6/21/2021 6.70
FCC-1B 12-16 6/21/2021 2.06
FCC-2B 12-18 6/21/2021 <1.542
FCC-7A /
Duplicate-3 2-4 6/23/2021 2.75 J
FCC-8A 0-5 6/23/2021 1.72 J
Lead FCC-6 4-8 6/23/2021 703 400
Phenanthrene
B-2 10 1/13/2021 1.9
NSE
B-8 6 6/21/2021 31.6
B-9 4 6/21/2021 2.64
FCC-1A 3-10 6/21/2021 14.9
FCC-1B 12-16 6/21/2021 4.43
FCC-2A /
Duplicate-1 5-10 6/21/2021 0.644
FCC-3A 4-10 6/21/2021 0.221 J
FCC-7A / Duplicate-3 2-4 6/23/2021 11.7
FCC-7B 4-8 6/23/2021 0.376
FCC-8A 0-5 6/23/2021 6.89
p-Isopropyltoluene
B-8 6 6/21/2021 0.0068
NSE
B-9 4 6/21/2021 0.369
B-10 4 6/21/2021 0.0072
FCC-1A 4 6/21/2021 0.132
FCC-2A /
Duplicate-1 7 6/21/2021 0.009
FCC-2B 15 6/21/2021 0.0053 J
FCC-7B 7 6/23/2021 0.0077
25067-21-060/Dynatech III (20230411)

6

1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. 2 Laboratory method detection limit exceeds the Residential Health-Based Preliminary Soil Remediation Goal. 3 Concentrations considered to represent naturally occurring background levels in soil. J – Compound was detected at a concentration above the laboratory method detection limits but below the laboratory reporting limits, resulting in a laboratory estimated concentration. NSE – no screening level established

SEDIMENT

Sediment 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 (January 2023 version):
Sediment Contaminant Sample
Location
Date of
Sampling
Concentration
Exceeding Standard (mg/kg)
Standard1
(mg/kg)
Arsenic2 HHBF-SED1 / SED-DUP 11/2/2021 2.89 0.68
Benzo(a)pyrene HHBF-SED1 /
SED-DUP 11/2/2021 0.269 J 0.11

1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. 2 Concentrations considered to represent naturally occurring background levels in soil. J – Compound was detected at a concentration above the laboratory method detection limits but below the laboratory reporting limits, resulting in a laboratory estimated concentration.
SOIL GAS
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 (January 2023 version):

Soil Gas Contaminant Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Residential
Screening
Level1
(µg/m3)
1,2-Dichloro-1,1,2,2-
tetrafluoroethane
MSVG-1 1/13/2021 3.99
NSE MSG-16 (5’)
/DUP 6/22/2021 10.4
1,3-Butadiene
MSG-3 1/13/2021 9.65
3.1
MSVG-2 1/13/2021 19.0
MSVG-3 1/13/2021 19.2
MSVG-4 1/13/2021 13.7
MSVG-5 1/13/2021 77.9
MSVG-6 1/13/2021 75.5
MSVG-7 1/13/2021 22.6
25067-21-060/Dynatech III (20230411)

7
Soil Gas Contaminant Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Residential
Screening
Level1
(µg/m3)
Acetone
MSG-2 1/13/2021 13.1
NSE
MSG-3 1/13/2021 64.2
MSVG-1 1/13/2021 55.6
MSVG-2 1/13/2021 34.5
MSVG-3 1/13/2021 17.1
MSVG-4 1/13/2021 23.0
MSVG-5 1/13/2021 26.9
MSVG-6 1/13/2021 903
MSVG-7 1/13/2021 21.1
MSG-15 6/22/2021 19.1
MSG-16 (5’)
/Dup 6/22/2021 86.3
MSG-16 (10’) 6/22/2021 501
MSG-17 6/22/2021 30.4
MSG-19 6/22/2021 38.7
Benzene
MSVG-4 1/13/2021 14.0
12
MSVG-5 1/13/2021 18.8
MSVG-6 1/13/2021 189
MSG-16 (5’)
/DUP 6/22/2021 39.6
MSG-17 6/22/2021 14.3
cis-1,2-Dichloroethene MSVG-1 1/13/2021 0.828 NSE MSG-2 1/13/2021 0.314 J
Ethyl Alcohol
MSVG-1 1/13/2021 15.3
NSE
MSVG-2 1/13/2021 19.4
MSVG-3 1/13/2021 13.8
MSVG-4 1/13/2021 12.7
MSVG-5 1/13/2021 56.0
MSVG-6 1/13/2021 20.6
MSVG-7 1/13/2021 12.5
MSG-2 1/13/2021 82.4
MSG-3 1/13/2021 28.1
MSG-15 6/22/2021 22.2
MSG-16 (5’)
/DUP 6/22/2021 25.3
MSG-16 (10’) 6/22/2021 67.7
MSG-17 6/22/2021 63.9
MSG-19 6/22/2021 51.3
25067-21-060/Dynatech III (20230411)

8
Soil Gas Contaminant Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Residential
Screening
Level1
(µg/m3)
Ethylbenzene MSVG-6 1/13/2021 37.6 37
4-Ethyltoluene
MSVG-1 1/13/2021 3.32
NSE

MSVG-2 1/13/2021 3.65
MSVG-3 1/13/2021 3.96
MSVG-5 1/13/2021 5.35
MSVG-6 1/13/2021 24.7
MSVG-7 1/13/2021 3.94
MSG-2 1/13/2021 3.59
MSG-3 1/13/2021 4.33
MSG-15 6/22/2021 15.7
MSG-16 (5’)
/DUP 6/22/2021 44.2
MSG-16 (10’) 6/22/2021 6.97
MSG-17 6/22/2021 24.3
MSG-19 6/22/2021 22.6
Naphthalene
MSG-15 6/22/2021 9.37
2.8
MSG-16 (5’)
/DUP 6/22/2021 12.1
MSG-17 6/22/2021 10.9
MSG-19 6/22/2021 12.5
2,2,4-Trimethylpentene
MSVG-1 1/13/2021 12.7
NSE
MSVG-2 1/13/2021 2.91
MSVG-3 1/13/2021 4.86
MSVG-4 1/13/2021 7.57
MSVG-5 1/13/2021 4.26
MSVG-6 1/13/2021 42.4
MSVG-7 1/13/2021 3.06
MSG-2 1/13/2021 1.21
MSG-3 1/13/2021 5.93
MSG-15 6/22/2021 6.96
MSG-16 (5’)
/DUP 6/22/2021 406
MSG-16 (10’) 6/22/2021 7.43
MSG-17 6/22/2021 167
MSG-19 6/22/2021 4.91

25067-21-060/Dynatech III (20230411)

9
Soil Gas Contaminant Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Residential
Screening
Level1
(µg/m3)
Trichlorofluoromethane
MSVG-2 1/13/2021 1.65
NSE
MSVG-3 1/13/2021 1.75
MSVG-4 1/13/2021 2.13
MSVG-5 1/13/2021 1.88
MSVG-6 1/13/2021 66.9
MSVG-7 1/13/2021 11.6
MSG-3 1/13/2021 1.48
MSG-15 6/22/2021 1.25
Trichlorofluoromethane
MSG-16 (5’) 6/22/2021 0.770 J
NSE MSG-16 (10’) 6/22/2021 1.87
MSG-17 6/22/2021 80.4
MSG-19 6/22/2021 162
Vinyl Chloride MSVG-6 1/13/2021 10.8 5.6

1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-
6 lifetime incremental cancer risk.
J – Compound was detected at a concentration above the laboratory method detection limits but below the laboratory reporting limits, resulting in a laboratory estimated concentration. NSE – no screening level established

METHANE IN SOIL GAS
Methane gas concentrations are measured in percent volume of methane in ambient air.
The Lower Explosive Limit (LEL), which is the screening level for methane, is derived from the NCDEQ Division of Waste Management Solid Waste Section Landfill Gas Monitoring Guidance (November 2010 version). A concentration of 5 percent methane by volume in ambient air is equivalent to 100 percent of the LEL:

Vapor
Contaminant
Sample
Location
Sample
Depth (ft)
Date of
Sampling
Highest Methane Concentration (%
methane by volume in ambient air)
LEL
(% methane by
volume in ambient air)
Methane
MSG-16 5 5/26/2021
5/27/2021
38.2
36.8
5 10 5/27/2021 15
MSG-18 5 5/26/2021 5/27/2021 20.8 10
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-
4
536 WEST TREMONT OWNER, LP
PARCEL 119-064-27
DB 36606, PG 657
LOT 1; MB 44, PG 371
MITIGATED VEGETATIVE POSTCONSTRUCTION BUFFERSHOWN PER SITE PLAN
MITIGATED VEGETATIVE
POST CONSTRUCTION BUFFER
SHOWN PER SITE PLAN
C1C2C3LINE TABLE
LINE BEARING DISTANCE
L1 S 71°40'45" W 12.38'
L2 S 39°09'49" E 5.22'
CURVE TABLE
CURVE LENGTH RADIUS CHORD BEARING CHORD
C1 194.05'370.27'N 57°15'24" E 191.83'
C2 29.25'20.00'S 65°38'00" E 26.71'
C3 35.87'242.82'S 28°03'40" E 35.84'
C4 57.16'262.43'N 88°39'47" W 57.04'
C5 108.00'548.00'N 77°19'27" W 107.83'
C6 103.39'1393.45'N 69°35'01" W 103.36'
C7 55.37'242.00'S 38°52'15" E 55.25'
C8 65.15'242.00'S 53°34'34" E 64.95'
VICINITY MAP
NTS
SITE
PRELIMINARY
OWNER & PROSPECTIVE DEVELOPER
REVISIONS
1-5
PROJECT NO.ABA20040
FILENAME ABA20040-F4
CHECKED BY KSB
DRAWN BY PAS
SCALE 1" = 30'
DATE
N0.DATE
The John R. McAdams Company, Inc.
www.mcadamsco.com
3430 Toringdon Way
Suite 110
phone [phone]
fax [phone]
license number: C-0293
Charlotte, NC 28277
SHEET
PLAN INFORMATION
704 WEST TREMONT OWNER, LLC
4445 WILLARD AVE, SUITE 900
CHEVY CHASE, MD 20815
05. 09. 2023
30
1 inch = 30 ft.
GRAPHIC SCALE
0 15 30 60
NC GRID (NAD83)
1.)THIS IS A SURVEY OF AN EXISTING PARCEL OF LAND. THIS IS A BROWNFIELDS SURVEY.
2.)BEARINGS FOR THIS SURVEY ARE BASED ON THE NORTH CAROLINA STATE PLANE
COORDINATE SYSTEM (NAD83/2011).
3.)ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES.
4.)FLOOD NOTE: THIS PROPERTY IS NOT LOCATED IN A SPECIAL FLOOD HAZARD ZONE. IT IS
LOCATED IN ZONE "X" AS DEFINED BY FEMA F.I.R.M. MAP NUMBER 3710454300L DATED
SEPTEMBER 2, 2015.
5.)REFERENCES: DB 36342-282;
MB 69-697;
OF THE MECKLENBURG COUNTY REGISTRY
PIN's 11906424 AND 11906420
6.)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. TABLES OF PROVIDED KNOWN
CONTAMINANTS TO EXIST AT THE SITE CONTAINING CONTAMINANTS DETECTED IN
CONCENTRATIONS EXCEEDING APPLICABLE STANDARDS OR SCREENING LEVELS, AND THE
CONCENTRATIONS OF CONTAMINANTS DETECTED AT THOSE SAMPLE LOCATIONS ARE
SHOWN ON SHEETS 3, 4, & 5.
7.)SEE SHEET 2 FOR LAND USE RESTRICTIONS.
8.)SEE SHEET 2 FOR LINE AND CURVE TABLES.
9.)THE SITE IS CURRENTLY BEING GRADED AND UNDER CONSTRUCTION.
10.)POTENTIAL WETLAND SHOWN HEREON AS DELINEATED BY McAdams, DATED NOVEMBER
11, 2020.
11.)Solid Waste Disposal Area was partially removed during mass grading associated with
redevelopment. Per N.E.P. Contracting and Hart & Hickman, PC, dated 04/21/2023.
GENERAL NOTES
PLAT
BROWNFIELDS
I, KEVIN S. BAUCOM, PLS, CERTIFY THAT THIS MAP WAS DRAWN
UNDER MY SUPERVISION AND THE FOLLOWING INFORMATION WAS
USED TO PERFORM THE SURVEY:
(1)CLASS OF SURVEY: CLASS A
(2)POSITIONAL ACCURACY: < 0.100'
(3)TYPE OF GPS FIELD PROCEDURE: VRS
(4)DATE OF SURVEY: 6-19-2020
(5)DATUM/EPOCH: NAD 83(2011)
(6)PUBLISHED/FIXED-CONTROL USED: NC77
(7)GEOID MODEL: GEOID12A
(8)COMBINED GRID FACTOR(S): 0.99985039
(9)UNITS: METERS CONVERTED TO US SURVEY FEET
NORTH CAROLIN
A
KE
VIN S.B A UCOM I HEREBY CERTIFY THAT THIS PLAT IS OF THE FOLLOWING TYPE: G.S. 47-30
(f)(11)(c)(1). THIS SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND AND
DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET.
______________________________
PROFESSIONAL LAND SURVEYOR
I, KEVIN S. BAUCOM, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM
AN ACTUAL SURVEY MADE UNDER MY SUPERVISION FROM DEED DESCRIPTION RECORDED IN
BOOK AND PAGE SHOWN; THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED
AND DRAWN FROM INFORMATION FOUND IN BOOK AND PAGE SHOWN; THAT THE RATIO OF
PRECISION AS CALCULATED IS 1:10,000+; AND THAT THIS PLAT WAS PREPARED IN
ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, LICENSE
NUMBER, AND SEAL THIS
______ DAY OF _____________________, A.D. 2022.
___________________________________
KEVIN S. BAUCOM, PLS L-4275
I, ___________________, REVIEW OFFICER OF MECKLENBURG
COUNTY, CERTIFY THAT THE MAP OR PLAT TO WHICH THIS
CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS
FOR RECORDING.
____________________ ____________
REVIEW OFFICER DATE
2213/2218 TOOMEY AVENUE
OWNER, LLC
PARCEL 119-046-32
DB 35315, PG 618
MB 33, PG 263
COMMERCIAL DEVELOPMENT
HOLDINGS, LLC
PARCEL 119-046-20
DB 34152, PG 40
MB 33, PG 263
SEAN & SEAIRA WOLF
PARCEL 119-046-38
DB 34280, PG 868
MB 64, PG 178
THE HORNE COMPANY PARTNERS, LLC
PARCEL 119-046-29
DB 28117, PG 415
THE HORNE COMPANY PARTNERS, LLC
PARCEL 119-046-28
DB 28117, PG 415
LEGEND
Storm drainage manhole
Catch basin
Drop inlet
Flared end section
Junction box
Roof drain
Sanitary sewer manhole
Cleanout
Electric vault
Electric box
Transformer
Power pole
Light pole
Electric meter
Electric manhole
HVAC unit
Telephone manhole
Telephone box
Cable box
Fiber optic marker
Fiber optic vault
Grease trap
Water line marker
Water valve
Water Meter
Backflow preventer
Water vault
Water manhole
Irrigation control valve
Fire hydrant
Traffic signal box
Gas valve
Gas meter
Guy anchor
Mailbox
Point of localization
Calculated corner
Set property corner
Concrete monument
Found property corner
Fiber optic manhole
Railroad tracks
Guard rail
Brownfields Property Boundary
Property line not surveyed
Overhead utility line
Underground electric
Storm drain
Sanitary sewer line
Water line
Gas line
Fence line
Underground communications line
S DYH
AC
T
T
BFP
G
C
G
M
S
E
D
J
R
E
ELE
TR
W
IVC
FO
UTH
Traced Overhead utility line
Traced Underground electric
Traced Storm drain
Traced Sanitary sewer line
Traced Water line
Traced Gas line
Traced communications line
Soil aliquot boring location
Soil sample location
Soil gas sample location
Sediment sample location
Soil and groundwater sample location
Soil characterization area
Mitigated Vegetative buffer
Temporary Construction Easement
2018-2 IH BORROWER LP
PARCEL 119-07-517
DB 32663, pg 574
MB 03, pg 329 EXHIBIT B to the Notice ofBrownfields Property - SURVEY PLATBROWNFIELDS PROJECT: DYNATECH IIIBROWNFIELDS PROJECT NO. 25067-21-0602205, 2209 & 2301 Toomey Aveand 660 & 704 W. Tremont AveTax Parcels 11906420 & 11906424CITY OF CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA
GRAVEL
CONCRETE
123.69'N 47°28'46" W127.28'S 42°31'14" W
70.50'N 47°28'46" W195.21'S 58°1
8
'
4
1
"

W
53.43'
N 42°15'35" E
99.27'
S 42°15'35" W
245.38' (TIE)
S 42°09'22" W
40.05' (TIE)
S 58°1
8
'
4
1
"

W
138.35
'

(
T
I
E
)S 09°27'02" E75.58' (TIE)S 09°02'44" E46.82' (TIE)S 09°02'44" E187.80'S 47°45'43" E247.31'N
8
4
°
4
3
'
5
6
"

E
19
7
.
0
1
'
N 42°09'22" E
101.36'
N 42°06'12" E
253.82'
N 41°58'21" E
64.62'
S
8
5
°
1
3
'
2
8
"
W
4
2
0
.
8
4
'
704 WEST TREMONT OWNER, LLC
704 WEST TREMONT OWNER, LLC
PARCEL 11906420
DB 36342, PG 282
MB 69, PG 697
147,129 SQ. FT.
3.378 ACRES
660 & 704 WEST TREMONT AVE
U
D
D
D
D
D
D
D
DYH AC
AC
AC
AC
AC
AC
S
C
C
C
C
S
S
S
S
S
S
S
1/2" PIPE
1/2" PIPE
1/2" PIPE
1/2" PIPEREBAR
#4 REBAR
REBAR
L1
REBAR
(NOT USED)
1/2" PIPE
1/2" PIPEREBAR
2213/2218 TOOMEY
AVENUE OWNER, LLC
PARCEL 11906431
DB 37022, PG 422
MB 69, PG 697
2213 TOOMEY AVE
536 WEST TREMONT OWNER, LP
PARCEL 119-064-27
DB 36606, PG 657
LOT 1; MB 44, PG 371
3/4" PIPE DRILL HOLE
REBAR
(NOT USED)
REBAR
SOLID WASTE DISPOSAL AREA
DB 8111, PG 223; DB 8122, PG 99
SEE NOTE 11
WAREHOUSE
9,645 SQ. FT.
ASPHALT
ASPHALT
ASPHALT
20' SETBACK
(MB 27, PG 830)
20' SETBACK
(MB 27, PG 830)16' SETBACK PER SITE
PLAN
AND PROPOSED
RIGHT OF WAY 16' SETBACK
PER
S
ITEPLANAND PROPOSED
R
IGHT
OF
WAY16.0'POINT OF LOCALIZATION
NAIL #920
N: 537,633.01'
E: 1,441,225.79'
Z: 665.99' (NAVD88)
SEE GPS CERTIFICATION
TOOMEY AVE
50' PUBLIC RIGHT OF WAY
MB 27, PG 830
TOOMEY AVE
50' PUBLIC RIGHT OF WAY
MB 27, PG 830W.
T
R
EM
O
N
T

A
V
E
5
0
'

P
U
B
L
I
C

R
I
G
H
T

O
F
W
A
YMB
6
,

P
G

4
0
3
VILLAGE CT50' PUBLIC RIGHT OF WAY
MB 6, PG 40320.0'STREAM S2
SEE NOTE #10
WETLANDS AREA W2
SEE NOTE #10
STREAM S3
SEE NOTE #10
1/2" PIPE
1/2" PIPE
1/2" PIPE
BF
P
BF
P
DYHIVCIVC
N 48°54'10" E
71.29'
(TIE)
ASPHALT
2213/2218 TOOMEY AVENUE OWNER, LLC
PARCEL 11906431
DB 37022, PG 422
MB 69, PG 697
2213 TOOMEY AVE
AREA CURRENTLY UNDER CONSTRUCTION
AREA CURRENTLY UNDER CONSTRUCTION
AREA CURRENTLY UNDER CONSTRUCTION
AREA CURRENTLY UNDER CONSTRUCTION
N 42°16'48" E
S 40°44'30" W
314.00' (TIE)
POINT OF LOCALIZATION
NAIL #920
N: 537,633.01'
E: 1,441,225.79'
Z: 665.99' (NAVD88)
SEE GPS CERTIFICATION
B-9
FCC-1B-10
FCC-1
B-8/MW-3/DUPLICATE-6
FCC-1
B-2/B-2GW
B-1/B-1GW
MSVG-5
MSVG-1
MSVG-2
MSVG-3
MSVG-4
MSG-15
MSG-19
MSG-3
DI-SL-01
DI-SL-04
SED-01
DI-SL-05 FCC-5FCC-7/DUPLICATE-3FCC-3FCC-1
FC
C
-
3
FCC-3
FCC-1FCC-5
FCC-5FCC-7
/
D
U
P
L
I
C
A
T
E
-
3
FCC-5
MSG-18
FCC-7/DUPLICATE-3
FCC-7/DUPLICATE-3
FCC-5
FCC-5
FC
C
-
7
/
D
U
P
L
I
C
A
T
E
-
3 FCC-5FCC-3FC
C
-
3
FCC-3
FC
C
-
3
FCC-6F
C
C
-
6
FCC-5 FCC-5FCC-1
FCC-3
FCC-3
FCC-3
FCC-2/DUPLICATE-1
FCC-2/DUPLICATE-1
FCC-2/DUPLICATE-1
FCC-2/DUPLICATE-1FCC-2/DUPLICATE-1FCC
-
2
/
D
U
P
L
I
C
A
T
E
-
1
FCC-2/DUPLICATE-1
FCC-2/DUPLI
C
A
T
E
-
1
FCC-2/DUPLICATE-1FCC-4
FCC-4
FCC-2/
D
U
P
LI
C
A
T
E-
1
FC
C
-
4
FCC-4
FC
C
-
4
FCC-4
FCC-4
FCC-4
FCC-4
B
R
O
O
K
H
I
L
L

I
N
V
E
S
T
M
E
N
T
S
,

L
L
C
P
A
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L

1
1
9
-
0
6
1
-
0
2
DB

3
7
1
3
5
,

P
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PG

8
1
SPANGLER PROPERT
IES
,
LLCPARCEL 119
-052
-01DB 33828
,
PG
430
536 WEST TREMONT OWNER, LP
PARCEL 119-064-27
DB 36606, PG 657
LOT 1; MB 44, PG 371
MITIGATED VEGETATIVE POSTCONSTRUCTION BUFFERSHOWN PER SITE PLANMITIGATED VEGETATIVE
POST CONSTRUCTION BUFFER
SHOWN PER SITE PLAN C5C6C
4
LINE TABLE
LINE BEARING DISTANCE
L1 S 71°40'45" W 12.38'
L2 S 39°09'49" E 5.22'
CURVE TABLE
CURVE LENGTH RADIUS CHORD BEARING CHORD
C1 194.05'370.27'N 57°15'24" E 191.83'
C2 29.25'20.00'S 65°38'00" E 26.71'
C3 35.87'242.82'S 28°03'40" E 35.84'
C4 57.16'262.43'N 88°39'47" W 57.04'
C5 108.00'548.00'N 77°19'27" W 107.83'
C6 103.39'1393.45'N 69°35'01" W 103.36'
C7 55.37'242.00'S 38°52'15" E 55.25'
C8 65.15'242.00'S 53°34'34" E 64.95'
The John R. McAdams Company, Inc.
www.mcadamsco.com
3430 Toringdon Way
Suite 110
phone [phone]
fax [phone]
license number: C-0293
Charlotte, NC 28277
SHEET
PLAN INFORMATION
05. 09. 2023
30
1 inch = 30 ft.
GRAPHIC SCALE
0 15 30 60PRELIMINARY
OWNER & PROSPECTIVE DEVELOPER
REVISIONS
2-5
PROJECT NO.
FILENAME
CHECKED BY
DRAWN BY
SCALE
DATE
N0.DATE
ABA20040
ABA20040-F4
KSB
PAS
1" = 30'
704 WEST TREMONT OWNER, LLC
4445 WILLARD AVE, SUITE 900
CHEVY CHASE, MD 20815
NORTH CAROLIN
A
KEVIN S.B A UCOMNC GRID (NAD83)
PLAT
BROWNFIELDS
THE HORNE COMPANY PARTNERS, LLC
PARCEL 119-046-28
DB 28117, PG 415
2320 TOOMEY AVENUE OWNER, LLC
PARCEL 119-046-26
DB 36017, PG 159
LEGEND
Storm drainage manhole
Catch basin
Drop inlet
Flared end section
Junction box
Roof drain
Sanitary sewer manhole
Cleanout
Electric vault
Electric box
Transformer
Power pole
Light pole
Electric meter
Electric manhole
HVAC unit
Telephone manhole
Telephone box
Cable box
Fiber optic marker
Fiber optic vault
Grease trap
Water line marker
Water valve
Water Meter
Backflow preventer
Water vault
Water manhole
Irrigation control valve
Fire hydrant
Traffic signal box
Gas valve
Gas meter
Guy anchor
Mailbox
Point of localization
Calculated corner
Set property corner
Concrete monument
Found property corner
Fiber optic manhole
Railroad tracks
Guard rail
Brownfields Property Boundary
Property line not surveyed
Overhead utility line
Underground electric
Storm drain
Sanitary sewer line
Water line
Gas line
Fence line
Underground communications line
S DYH
AC
T
T
BFP
G
C
G
M
S
E
D
J
R
E
ELE
TR
W
IVC
FO
UTH
Traced Overhead utility line
Traced Underground electric
Traced Storm drain
Traced Sanitary sewer line
Traced Water line
Traced Gas line
Traced communications line
Soil aliquot boring location
Soil sample location
Soil gas sample location
Sediment sample location
Soil and groundwater sample location
Soil characterization area
Mitigated Vegetative buffer
Temporary Construction Easement
EXHIBIT B to the Notice ofBrownfields Property - SURVEY PLATBROWNFIELDS PROJECT: DYNATECH IIIBROWNFIELDS PROJECT NO. 25067-21-0602205, 2209 & 2301 Toomey Aveand 660 & 704 W. Tremont AveTax Parcels 11906420 & 11906424CITY OF CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA
REVISIONS
3-5
PROJECT NO.
FILENAME
CHECKED BY
DRAWN BY
SCALE
DATE
N0.DATE
The John R. McAdams Company, Inc.
www.mcadamsco.com
3430 Toringdon Way
Suite 110
phone [phone]
fax [phone]
license number: C-0293
Charlotte, NC 28277
SHEET
PLAN INFORMATION
05. 09. 2023NORTHCAROLIN
A
KEVIN S.B A UCOMABA20040
ABA20040-F4
KSB
PAS
1" = 30'
704 WEST TREMONT OWNER, LLC
4445 WILLARD AVE, SUITE 900
CHEVY CHASE, MD 20815
OWNER & PROSPECTIVE DEVELOPER
PLAT
BROWNFIELDS
GROUNDWATER TABLE
GROUNDWATER
CONTAMINANT SAMPLE LOCATION DATE OF SAMPLING MAXIMUM CONCENTRATION
EXCEEDING STANDARD (μg/L)STANDARD (μg/L)
CHROMIUM B-2GW 01/14/2021 18.3 10B-4GW 01/14/2021 38.2
HEXAVALENT
CHROMIUM MW-3/DUPLICATE-6 06/28/2021 0.844 NS
LEAD B-4GW 01/14/2021 18.3 15
Exhibit 2
The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred on
November 2, 2021. The following table sets forth, for contaminants present at the Brownfields Property above residential 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 levels for purposes of this
Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the standards for which are
contained in Title 15A of the North Carolina Administrative Code, Subchapter 2L (2L), Rule .0202, (April 1, 2022 version):
NS - no established standard
GROUNDWATER VAPOR TABLE
GROUNDWATER
CONTAMINANT WITH
POTENTIAL FOR
VAPOR INTRUSION
SAMPLE LOCATION DATE OF SAMPLING CONCENTRATION EXCEEDING
SCREENING LEVEL (μg/L)
RESIDENTIAL VI
SCREENING LEVEL1 (μg/L)
ACETONE
B-1GW 1/14/2021 36.5
NSE
DUPLICATE-62 06/28/2021 0.68 J
BENZYL ALCOHOL B-1GW 01/14/2021 7.2 J NSE
FLUORANTHENE B-2GW 01/14/2021 3.3 J NSE
PYRENE B-2GW 01/14/2021 2.7 J NSE
GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter (the equivalent of parts per
billion), the vapor intrusion screening levels for which are derived from the Residential Vapor Intrusion Screening Levels of the
Division of Waste Management January 2023 version):
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental
cancer risk.
2Duplicate-6 collected from monitoring well MW-3.
J - Compound was detected at a concentration above the laboratory method detection limits but below the laboratory reporting limits, resulting in a laboratory
estimated concentration
NSE - no screening level established
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 (January 2023 version):
SOIL TABLE
SOIL CONTAMINANT SAMPLE LOCATION DEPTH (FT)DATE OF SAMPLING CONCENTRATION EXCEEDING
SCREENING LEVEL (mg/kg)
RESIDENTIAL SCREENING
LEVEL1 (mg/kg)
ARSENIC3
DI-SL-01 UNKNOWN 05/18/1994 2.3
0.68
B-1 4 01/13/2021 1.1 J
B-2 10 01/13/2021 1.7 J
B-8 6 06/21/2021 2.9
B-9 4 06/21/2021 3.2
B-10 4 06/21/2021 1.6 J
FCC-1A 3-10 06/21/2021 1.9 J
FCC-2A/DUPLICATE-1 5-10 06/21/2021 11.1
FCC-3A 4-10 06/21/2021 0.71 J
FCC-5A 5-8 06/22/2021 1.87 J
FCC-5B 8-13 06/22/2021 1.1 J
FCC-6A 4-8 06/23/2021 3.0
FCC-7A/DUPLICATE-3 2-4 06/23/2021 1.9
FCC-7B 4-8 06/23/2021 3.2
FCC-8A 0-5 06/23/2021 1.2 J
BENZO(A)ANTHRACENE
B-2 10 01/13/2021 1.5
1.1
B-8 6 06/21/2021 23.6
B-9 4 06/21/2021 1.71 J
FCC-1A 3-10 06/21/2021 12.0
FCC-1B 12-16 06/21/2021 3.76
FCC-1B/DUPLICATE-3 2-4 06/23/2021 6.02
FCC-8A 0-5 06/23/2021 3.63
BENZO(A)PYRENE B-1 4 01/13/2021 <0.202 0.11
BENZO(A)PYRENE
B-2 10 01/13/2021 1.2
0.11
B-3 10 01/13/2021 <0.142
B-4 4 01/13/2021 <0.152
B-8 6 06/21/2021 19.6
B-9 4 06/21/2021 1.39 J
B-10 4 06/21/2021 <0.6362
________________ FOR THE PURPOSES OF N.C.G.S. § 130A-310.35
______________________________________ ___________________________
BRUCE NICHOLSON, CHIEF DATE
BROWNFIELDS REDEVELOPMENT SECTION
DIVISION OF WASTE MANAGEMENT
STATE OF NORTH CAROLINA
COUNTY OF WAKE
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 set forth in and imposed on the Brownfields Property
by this Notice shall immediately SUPERSEDE AND REPLACE the original land
use restrictions imposed on portions of the Brownfields Property by the October
23, 2003 Brownfields Agreement (Brownfields Project No. 02002-98-060)
recorded at Book 16323, Page 290-321 of the Mecklenburg County land records,
which shall no longer be of any force or effect as to the Brownfields Property.
The land use restrictions below have been excerpted verbatim from paragraph 13
of the Brownfields Agreement, and all subparagraph letters/numbers are the
same as those used in the Brownfields Agreement. The following land use
restrictions are hereby imposed on the Brownfields Property:
a.No use may be made of the Brownfields Property other than for industrial,
office, warehousing, beverage or food production facility, retail, restaurant, hotel,
recreation, open space, institutional, parking, high density rental residential, and,
subject to DEQ's prior written approval, other commercial uses. These land uses and
their definitions below apply solely for purposes of this Agreement, and do not waive
any local zoning, rule, regulation, or permit requirements:
i.Industrial is defined as the assembly, fabrication, manufacture, processing,
warehousing, or distribution of goods or materials, and can include flex parks, and
research and development uses.
ii.Office is defined as a place where business or professional services are
provided.
iii.Warehousing is defined as the use of a commercial building for storage of
goods by manufacturers, importers, exporters, wholesalers, transport businesses among
others, and also refers to the storage of goods and materials for a specific commercial
establishment or a group of establishments in a particular type of industry or
commercial activity.
iv.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.
v.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/or beverage products,
including from mobile establishments such as food trucks.
vi.Restaurant is defined as a commercial business
establishment that prepares and serves food and/or beverages, including alcoholic
beverages under all applicable local, state, and federal regulations, to patrons.
vii.Hotel is defined as the provision of overnight lodging to paying customers,
and to associated food services, gym, reservation, cleaning, utilities, parking and
on-site hospitality, management and reception services.
viii.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 pools, sports-related courts and
fields, open space, greenways, parks, playgrounds, walking paths, and picnic and
public gathering areas.
ix.Open Space is defined as land maintained in a natural or landscaped state
and used for natural resource protection, buffers, greenways, or detention facilities for
stormwater.
x.Institutional is defined as the use of land, buildings or structures for public,
non-profit or quasi-public purposes, such as libraries, community centers,
post-secondary education facilities, or health care facilities.
xi.Parking is defined as the temporary accommodation of motor vehicles in an
area designed for same.
xii.High-Density Rental Residential is defined as for rent-only permanent
dwellings where residential units are attached to each other with common walls, such
as 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 unless approved in
advance by DEQ in writing), and may include related amenities, such as pools,
clubhouses, courtyards, common areas, recreation areas and parking garages. Single
family homes, townhomes for individual sale, duplexes or other units with yards are
prohibited unless approved in advance by DEQ in writing.
xiii.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.
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
or guardians 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 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;
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).
Water
e.Groundwater and surface water 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 13.a above while fully protecting public health and the
environment. Should groundwater or surface water 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 13.c., 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 13.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 13.c.
g.No residential use of the Brownfields Property may occur until the then
owner of the Brownfields Property conducts representative final grade soil sampling,
pursuant to a plan approved in writing by DEQ, of any area within the Brownfields
Property that is not covered by building foundations, sidewalks, asphaltic or concrete
parking areas and driveways, or two feet of documented clean fill material. The
provisions of this subparagraph shall not be applicable in areas of the Brownfields
Property that have not been, or will not be, disturbed or altered during redevelopment
activities.
h.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 13.c.
Vapor Intrusion & Methane
i.No enclosed building may be constructed on the Brownfields Property, and
no use of any existing building, defined as those depicted on the plat component of the
Notice of Brownfields Property referenced below in paragraph 17, may be changed to
high density rental residential use as defined above in subparagraph 13.a.xii 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 and methane intrusion based on site assessment data or a
site-specific risk assessment approved in writing by DEQ; or
ii.a vapor intrusion and methane mitigation system (VIMS and MMS) has
been:
1.designed to mitigate vapors and methane for subgrade 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 as well as the DEQ Brownfields Program
Threshold Criteria for Methane Site Development (December 2020, or the most
current version thereof) and DEQ's July 13, 2021 letter re: Response to Reuse Plans
and that said design shall fully protect public health to the satisfaction of a
professional engineer licensed in North Carolina, as evidenced by said engineer's
professional seal, and shall include a performance monitoring plan detailing
methodologies and schedule, both of which are subject to prior written DEQ approval;
2.designed to address electrical wiring, gas flame for heat or cooking, or other
potential sources of risk of ignition of methane or landfill gases that poses potential
risks of exposure or ignition of methane or landfill gases on the Brownfields Property;
3.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 in accordance with the Methane Mitigation System Design Report
(November 2022) accepted by DEQ on December 2, 2022 (and any subsequent
DEQ-accepted amendments). 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 and MMS, as installed, was installed in
such a manner so as to be fully protective of public health; and
4.confirmed to be effective through the implementation of a VIMS and MMS
pre-occupancy confirmation sampling event pursuant to a plan approved in advance
and in writing by DEQ.
j. A professional engineer licensed in North Carolina shall provide a
methane/landfill gas venting evaluation and plan to address driveways, parking
surfaces, and any impervious surfaces to protect public health from risks posed by
subsurface methane/landfill gas. To the extent DEQ determines that such venting is
required in order to protect public health from risks posed by subsurface
methane/landfill gas, the proponent of such planned surfaces shall install and maintain
such venting. The design plans for driving and parking surfaces and for any
impervious surface covering shall require prior written DEQ approval and shall be
signed and sealed by a professional engineer licensed in North Carolina. Unless
otherwise approved by DEQ, no portion of the Brownfields Property containing such
driveway and parking surfaces containing such venting may be used for the uses
defined above in subparagraph 13.a. until DEQ has approved a report on
post-construction methane/landfill gas sampling for such portion of the Brownfields
Property, and in the vicinity of any impervious surface covering installed at such
portion of the Brownfields Property.
Property Access
k.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.
Damage to Monitoring Wells
l. The owner of any portion of the Brownfields Property where a subsequently
installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or
its tenants shall be responsible for repair of any such wells to DEQ's written
satisfaction and within a time period acceptable to DEQ, unless compliance with this
land use restriction is waived in writing by DEQ in advance.
Notification of Tenants
m.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
n.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 constituents of products and materials customarily used and stored in
office, retail, hotel, open space, restaurant, beverage or food production facility,
parking, recreation, institutional, high density rental residential, and, with prior DEQ
approval, other commercial environments, provided such products and materials are
stored in original retail packaging and used and disposed of in accordance with
applicable laws;
iii.as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on-board tanks integral to said equipment or in
flammable liquid storage containers totaling no more than 25 gallons; and
iv.in products or materials that are brought onto the Brownfields Property, kept
in their original packaging or containers (that is, not used or repackaged) and later
removed from the Brownfields Property in the original packaging or containers.
Land Use Restriction Update
o.During January of each year after the year in which the Notice referenced
below in paragraph 17 is recorded, the owner of any part of the Brownfields Property
as of January 1st of that year shall submit a notarized Land Use Restrictions Update
(“LURU”) to DEQ, and to the chief public health and environmental officials of
Mecklenburg County, certifying that, as of said January 1st, the Notice of Brownfields
Property containing these land use restrictions remains recorded at the Mecklenburg
County Register of Deeds office and that the land use restrictions are being complied
with. If the Brownfields Property is transferred, the grantor shall submit a LURU (as
outlined above) which covers the period of time they 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;iii whether any vapor barrier and/or
vapor intrusion/methane mitigation systems installed pursuant to subparagraph 13.i.
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 vapor
intrusion/methane mitigation systems have changed, and, if so, how, and under which
precautions so as not to interfere with the operation of said system;
iv.a summary record of all vapor intrusion/methane monitoring data taken
during the preceding year as a result of implementation of Methane Mitigation System
Design Report (November 2022) accepted by DEQ; and
v.A LURU submitted for rental units shall include enough of each lease
entered into during the previous calendar year to demonstrate compliance with lessee
notification requirements in subparagraph 13.m. of this Agreement provided that if
standard form leases or form riders are used in every instance, a copy of such standard
form lease or rider may be sent in lieu of copies of actual leases.
LAND USE RESTRICTIONS
EXHIBIT B to the Notice ofBrownfields Property - SURVEY PLATBROWNFIELDS PROJECT: DYNATECH IIIBROWNFIELDS PROJECT NO. 25067-21-0602205, 2209 & 2301 Toomey Aveand 660 & 704 W. Tremont AveTax Parcels 11906420 & 11906424CITY OF CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA
PRELIMINARY
REVISIONS
4-5
PROJECT NO.
FILENAME
CHECKED BY
DRAWN BY
SCALE
DATE
N0.DATE
The John R. McAdams Company, Inc.
www.mcadamsco.com
3430 Toringdon Way
Suite 110
phone [phone]
fax [phone]
license number: C-0293
Charlotte, NC 28277
SHEET
PLAN INFORMATION
05. 09. 2023NORTHCAROLIN
A
KEVIN S.B A UCOMABA20040
ABA20040-F4
KSB
PAS
1" = 30'
704 WEST TREMONT OWNER, LLC
4445 WILLARD AVE, SUITE 900
CHEVY CHASE, MD 20815
OWNER & PROSPECTIVE DEVELOPER
PLAT
BROWNFIELDS
SOIL TABLE (CONT')
SOIL CONTAMINANT SAMPLE LOCATION DEPTH (FT)DATE OF SAMPLING CONCENTRATION EXCEEDING
SCREENING LEVEL (mg/kg)
RESIDENTIAL SCREENING
LEVEL1 (mg/kg)
DIBENZ(A,H)ANTHRACENE
B-1 4 01/13/2021 <0.192
0.11
B-2 10 01/13/2021 0.21 J
B-3 10 01/13/2021 <0.132
B-4 4 01/13/2021 <0.132
B-8 6 06/21/2021 4.17
B-9 4 06/21/2021 <0.7162
B-10 4 06/21/2021 <0.7082
FCC-1A 3-10 06/21/2021 1.92 J
FCC-1B 12-16 06/21/2021 <0.7292
FCC-2A/DUPLICATE-1 5-10 06/21/2021 <0.1542
FCC-2B 12-18 06/21/2021 <1.602
FCC-3A 4-1 06/21/2021 <0.1562
FCC-3B 12-14 06/21/2021 <0.1592
FCC-4A/DUPLOCATE-2 4-10 06/22/2021 <0.1632
FCC-4B 10-14 06/22/2021 <0.1722
FCC-5A 5-8 06/22/2021 <0.7042
FCC-5B 8-13 06/22/2021 <0.1522
FCC-6 4-8 06/23/2021 <0.148
FCC-7A/DUPLICATE-3 2-4 06/23/2021 <1.492
FCC-7B 4-8 06/23/2021 <0.1442
FCC-8A 0-5 06/23/2021 <0.7512
FCC-8B 6-8 06/23/2021 <0.1452
FCC-9 6-8 06/23/2021 <0.1612
INDENO (1,2,3-CD)PYRENE
B-8 6 06/21/2021 13.3
1.1
FCC-1A 3-10 06/21/2021 6.7
FCC-1B 12-16 06/21/2021 2.06
FCC-2B 12-18 06/21/2021 <1.542
FCC-7A/DUPLICATE-3 2-4 06/23/2021 2.75 J
FCC-8A 0-5 06/23/2021 1.72 J
LEAD FCC-6 4-8 06/23/2021 703 400
PHENANTHRENE
B-2 10 01/13/2021 1.9
NSE
B-8 6 06/21/2021 31.6
B-9 4 06/21/2021 2.64
FCC-1A 3-10 06/21/2021 14.9
FCC-1B 12-16 06/21/2021 4.43
FCC-2A/DUPLICATE-1 5-10 06/21/2021 0.644
FCC-3A 4-10 06/21/2021 0.221 J
FCC-7A/DUPLICATE-3 2-4 06/23/2021 11.7
FCC-7B 4-8 06/23/2021 0.376
FCC-8A 0-5 06/23/2021 6.89
P-ISOPROLTOLUENE
B-8 6 06/21/2021 0.0068
NSE
B-9 4 06/21/2021 0.369
B-10 4 06/21/2021 0.0072
FCC-1A 4 06/21/2021 0.132
FCC-2A/DUPLICATE-1 7 06/21/2021 0.009
FCC-2B 15 06/21/2021 0.0053 J
FCC-7B 7 06/23/2021 0.0077
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.2Laboratory method detection limit exceeds the Residential Health-Based Preliminary Soil Remediation Goal.3Concentrations considered to represent naturally occurring background levels in soil.
J - Compound was detected at a concentration above the laboratory method detection limits but below the laboratory reporting limits, resulting in a laboratory estimated concentration.
NSE - no screening level established
SEDIMENT
Sediment 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 (January 2023 version):
SEDIMENT TABLE
SEDIMENT CONTAMINANT SAMPLE LOCATION DATE OF SAMPLING CONCENTRATION EXCEEDING
STANDARD (mg/kg)STANDARD1 (mg/kg)
ARSENIC2 HHBF-SED1/SED-DUP 11/02/2021 2.89 0.68
BENZO(A)PYRENE HHBF-SED1/SED-DUP 11/02/2021 0.269 J 0.11
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.2Concentrations considered to represent naturally occurring background levels in soil.
J - Compound was detected at a concentration above the laboratory method detection limits but below the laboratory reporting limits, resulting in a laboratory estimated concentration.
SOIL TABLE (CONT')
SOIL CONTAMINANT SAMPLE LOCATION DEPTH (FT)DATE OF SAMPLING CONCENTRATION EXCEEDING
SCREENING LEVEL (mg/kg)
RESIDENTIAL SCREENING
LEVEL1 (mg/kg)
BENZO(A)PYRENE
FCC-1A 3-10 06/21/2021 9.90
0.11
FCC-1B 12-16 06/21/2021 3.26
FCC-2A/DUPLICATE-1 5-10 06/21/2021 0.488
FCC-2B 12-18 06/21/2021 <0.1442
FCC-3A 4-10 06/21/2021 <0.1402
FCC-3B 12-14 06/21/2021 <0.1432
FCC-4A/DUPLICATE-2 4-10 06/22/2021 <0.1462
FCC-4B 10-14 06/22/2021 <0.1542
FCC-5A 5-8 06/22/2021 <0.6322
FCC-5B 8-13 06/22/2021 <0.1372
FCC-6 4-8 06/23/2021 <0.1332
FCC-7A/DUPLICATE-3 2-4 06/23/2021 4.52
FCC-7B 4-8 06/23/2021 0.374 J
FCC-8A 0-5 06/23/2021 2.77
FCC-8B 6-8 06/23/2021 <0.1302
FCC-9 6-8 06/23/2021 <0.1442
BENZO(B)FLUORANTHENE
B-2 10 01/13/2021 1.9
1.1
B-8 6 06/21/2021 28.5
B-9 4 06/21/2021 1.98
FCC-1A 3-10 06/21/2021 14.2
FCC-1B 12-16 06/21/2021 4.59
FCC-2B 12-18 06/21/2021 <1.392
FCC-7A/DUPLICATE-3 2-4 06/23/2021 6.44
FCC-8A 0-5 06/23/2021 4.03
BENZO(G,H,I)PERYLENE
B-2 10 01/13/2021 0.71
NSEB-8 6 06/21/2021 14.7
B-9 4 06/21/2021 0.936 J
BENZO(G,H,I)PERYLENE
FCC-1A 3-10 06/21/2021 7.36
NSE
FCC-1B 12-16 06/21/2021 2.39
FCC-2A/DUPLICATE-1 5-10 06/21/2021 0.365 J
FCC-7B-DUPLICATE-3 2-4 06/23/2021 3.11 J
FCC-7B 4-8 06/23/2021 0.253 J
FCC-8A 0-5 06/23/2021 1.98
CADMIUM DI-SL-01 UNKNOWN 05/18/1994 <9.82 1.4
CHROMIUM(TOTAL)DI-SL-01 UNKNOWN 05/18/1994 45 0.31
HEXAVALENT CHROMIUM
B-1 4 01/13/2021 <6.82
0.31
B-2 10 01/13/2021 <6.22
B-3 10 01/13/2021 <5.12
B-4 4 01/13/2021 <5.02
B-8 6 06/21/2021 0.566 J
B-9 4 06/21/2021 2.43
B-10 4 06/21/2021 0.791 J
FCC-1A 3-10 06/21/2021 1.36
FCC-1B 12-16 06/21/2021 2.05
FCC-2A/DUPLICATE-1 5-10 06/21/2021 0.606 J
FCC-2B 12-18 06/21/2021 <0.3252
FCC-3A 4-10 06/21/2021 <0.3112
FCC-3B 12-14 06/21/2021 <0.3182
FCC-4A/DUPLICATE-2 4-10 06/22/2021 0.837 J
FCC-4B 10-14 06/22/2021 0.361 J
FCC-5A 5-8 06/22/2021 1.14 J
FCC-5B 8-13 06/22/2021 1.18 J
FCC-6 4-8 06/23/2021 0.342 J
FCC-7A/Duplicate-3 2-4 06/23/2021 0.543 J
FCC-8A 0-5 06/23/2021 0.877 J
HEXAVALENT CHROMIUM
FCC-8B 6-8 06/23/2021 1.30
0.31
FCC-9 6-8 06/23/2021 1.11 J EXHIBIT B to the Notice ofBrownfields Property - SURVEY PLATBROWNFIELDS PROJECT: DYNATECH IIIBROWNFIELDS PROJECT NO. 25067-21-0602205, 2209 & 2301 Toomey Aveand 660 & 704 W. Tremont AveTax Parcels 11906420 & 11906424CITY OF CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA
PRELIMINARY
REVISIONS
5-5
PROJECT NO.
FILENAME
CHECKED BY
DRAWN BY
SCALE
DATE
N0.DATE
The John R. McAdams Company, Inc.
www.mcadamsco.com
3430 Toringdon Way
Suite 110
phone [phone]
fax [phone]
license number: C-0293
Charlotte, NC 28277
SHEET
PLAN INFORMATION
05. 09. 2023NORTHCAROLIN
A
KEVIN S.B A UCOMABA20040
ABA20040-F4
KSB
PAS
1" = 30'
704 WEST TREMONT OWNER, LLC
4445 WILLARD AVE, SUITE 900
CHEVY CHASE, MD 20815
OWNER & PROSPECTIVE DEVELOPER
PLAT
BROWNFIELDS
SOIL GAS TABLE (CONT')
SOIL GAS CONTAMINANT SAMPLE LOCATION DATE OF SAMPLING CONCENTRATION EXCEEDING
SCREENING LEVEL (μg/m3)
RESIDENTIAL SCREENING
LEVEL1 (μg/m3)
4-ETHYLTOLUENE
MSG-16(10')06/22/2021 6.97
NSEMSG-17 06/22/2021 24.3
MSG-19 06/22/2021 22.6
NAPHTHALENE
MSG-15 06/22/2021 9.37
2.8
MSG-16(5')/DUP 06/22/2021 12.1
MSG-17 06/22/2021 10.9
MSG-19 06/22/2021 12.5
2,2,4-TRIMETHYLPENTENE
MSVG-1 01/13/2021 12.7
NSE
MSVG-2 01/13/2021 2.91
MSVG-3 01/13/2021 4.86
MSVG-4 01/13/2021 7.57
MSVG-5 01/13/2021 4.26
MSVG-6 01/13/2021 42.4
MSVG-7 01/13/2021 3.06
MSG-2 01/13/2021 1.21
MSG-3 01/13/2021 5.93
MSG-15 06/22/2021 6.96
MSG-16(5')/DUP 06/22/2021 406
MSG-16(10')06/22/2021 7.43
MSG-17 06/22/2021 167
MSG-19 06/22/2021 4.91
TRICHLOROFLUOROMETHANE
MSVG-2 01/13/2021 1.65
NSE
MSVG-3 01/13/2021 1.75
MSVG-4 01/13/2021 2.13
MSVG-5 01/13/2021 1.88
MSVG-6 01/13/2021 66.9
MSVG-7 01/13/2021 11.6
MSG-3 01/13/2021 1.48
MSG-15 06/22/2021 1.25
TRICHLOROFLUOROMETHANE
MSG-16(5')06/22/2021 0.770 J
NSE
MSG-16(10')06/22/2021 1.87
MSG-17 06/22/2021 80.4
MSG-19 06/22/2021 162
VINYL CHLORIDE MSVG-6 01/13/2021 10.8 5.6
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
J - Compound was detected at a concentration above the laboratory method detection limits but below the laboratory reporting limits, resulting in a laboratory estimated
concentration.
NSE - no screening level established
METHANE IN SOIL GAS
Methane gas concentrations are measured in percent volume of methane in ambient air. The Lower Explosive Limit (LEL), which is the screening level for methane,
is derived from the NCDEQ Division of Waste Management Solid Waste Section Landfill Gas Monitoring Guidance (November 2010 version). A concentration of 5
percent methane by volume in ambient air is equivalent to 100 percent of the LEL:
METHANE TABLE
VAPOR CONTAMINANT SAMPLE LOCATION SAMPLE DEPTH (ft)DATE OF SAMPLING
HIGHEST METHANE
CONCENTRATION
(% METHANE BY VOLUME
IN AMBIENT AIR)
LEL (% METHANE BY
VOLUME IN AMBIENT AIR)
METHANE
MSG-16
5
05/26/2021 38.2
5
05/27/2021 36.8
10 05/27/2021 15
MSG-18 5
05/26/2021 20.8
05/27/2021 10
SOIL GAS
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 (January 2023 version):
SOIL GAS TABLE
SOIL GAS CONTAMINANT SAMPLE LOCATION DATE OF SAMPLING CONCENTRATION EXCEEDING
SCREENING LEVEL (μg/m3)
RESIDENTIAL SCREENING
LEVEL1 (μg/m3)
1,2-DICHLORO-1,1,2,
2-TETRAFLUOROETHANE
MSGV-1 01/13/2021 3.99
NSE
MSG-16(5')/DUP 06/22/2021 10.4
1,2-BUTADIENE
MSG-3 01/13/2021 9.65
3.1
MSVG-2 01/13/2021 19.0
MSVG-3 01/13/2021 19.2
MSVG-4 01/13/2021 13.7
MSVG-5 01/13/2021 77.9
MSVG-6 01/13/2021 75.5
MSVG-7 01/13/2021 22.6
ACETONE
MSG-2 01/13/2021 13.1
NSE
MSG-3 01/13/2021 64.2
MSVG-1 01/13/2021 55.6
MSVG-2 01/13/2021 34.5
MSVG-3 01/13/2021 17.1
MSVG-4 01/13/2021 23.0
MSVG-5 01/13/2021 26.9
MSVG-6 01/13/2021 903
MSVG-7 01/13/2021 21.1
MMSG-15 06/22/2021 19.1
MSG-16(5')/DUP 06/22/2021 86.3
MSG-16(10')06/22/2021 501
MSG-17 06/22/2021 30.4
MSG-19 06/22/2021 38.7
BENZENE
MSVG-4 01/13/2021 14
12MSVG-5 01/13/2021 18.8
MSVG-6 01/13/2021 189
BENZENE
MSG-16(5')/DUP 06/22/2021 39.6
12
MSG-17 06/22/2021 14.3
CIS-1,2-DICHLOROETHENE
MSVG-1 01/13/2021 0.828
NSE
MSG-2 01/13/2021 0.314 J
ETHYL ALCOHOL
MSVG-1 01/13/2021 15.3
NSE
MSVG-2 01/13/2021 19.4
MSVG-3 01/13/2021 13.8
MSVG-4 01/13/2021 12.7
MSVG-5 01/13/2021 56.0
MSVG-6 01/13/2021 20.6
MSVG-7 01/13/2021 12.5
MSG-2 01/13/2021 82.4
MSG-3 01/13/2021 28.1
MSG-15 06/22/2021 22.2
ETHYL ALCOHOL
MSG-16(5')/DUP 06/22/2021 25.3
NSE
MSG-16(10')06/22/2021 67.7
MSG-17 06/22/2021 63.9
MSG-19 06/22/2021 51.3
EHTYLBENZENE MSVG-6 01/13/2021 37.6 37
4-ETHYLTOLUENE
MSVG-1 01/13/2021 3.32
NSE
MSVG-2 01/13/2021 3.65
MSVG-3 01/13/2021 3.96
MSVG-5 01/13/2021 5.35
MSVG-6 01/13/2021 24.7
MSVG-7 01/13/2021 3.94
MSG-2 01/13/2021 3.59
MSG-3 01/13/2021 4.33
MSG-15 06/22/2021 15.7
MSG-16(5')/DUP 06/22/2021 44.2 EXHIBIT B to the Notice ofBrownfields Property - SURVEY PLATBROWNFIELDS PROJECT: DYNATECH IIIBROWNFIELDS PROJECT NO. 25067-21-0602205, 2209 & 2301 Toomey Aveand 660 & 704 W. Tremont AveTax Parcels 11906420 & 11906424CITY OF CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA
01699-007/00389663 01699-007/00389663
Exhibit C
Legal Description
Brownfields Property Name: Dynatech III
Brownfields Project Number: 25067-21-060

BEING THAT CERTAIN PARCEL OF LAND WITH TAX PARCEL NUMBER 11906424 (DB 36342, PG 282; MB
69, PG 697) OF THE MECKLENBURG COUNTY REGISTRY; BEING BOUNDED ON THE NORTHWEST BY
TOOMEY AVENUE (50' PUBLIC RIGHT OF WAY; MB 27, PG 830) AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A PK NAIL IN SAID TOOMEY AVENUE, HAVING NC STATE PLANE COORDINATES OF N:
537,633.010', E: 1,441,225.790'; THENCE N 48°54’10” E 71.29' TO A REBAR, THE POINT OF BEGINNING.
BEGINNING AT SAID REBAR; THENCE WITH THE SOUTHERN RIGHT OF WAY OF SAID TOOMEY AVENUE
THE FOLLOWING THREE (3) CALLS: 1) N 42°16’48 E 123.69’ TO A #4 REBAR, 2) ALONG A CURVE TO THE
RIGHT WITH ARC LENGTH OF 194.05’, RADIUS OF 370.27’, AND CHORD BEARING AND DISTANCE OF N
57°15’24” E 191.83’ TO A 1/2” PIPE, 3) N 72°28’09” E 49.98’ TO A 1/2” PIPE; THENCE ALONG A CURVE TO
THE RIGHT WITH ALONG A CURVE TO THE RIGHT WITH ARC LENGTH OF 29.25’, RADIUS OF 20.00’, AND
CHORD BEARING AND DISTANCE OF S 65°38’00” E 26.71’ TO A 1/2” PIPE IN THE SOUTHERN RIGHT OF
WAY OF WILMORE DRIVE (50’ RIGHT OF WAY; DB 884, PG 433); THENCE WITH SAID WILMORE DRIVE A
CURVE TO THE LEFT HAVING ARC LENGTH 35.87’, RADIUS OF 242.82’, AND CHORD BEARING AND
DISTANCE OF S 28°03’40” E 35.84’ TO A 1/2” PIPE; THENCE LEAVING SAID RIGHT OF WAY S 58°01’47” W
159.71’ TO A 1/2” PIPE; THENCE S 39°10’36” E 96.17’ TO A 3/4” PIPE; THENCE S 39°09’49” E 5.22’ TO A
SET 1/2" PIPE; THENCE S 54°16’30” E 100.66’ TO A #4 REBAR; THENCE S 69°00’20” E 100.63’ TO A #4
REBAR; THENCE S 82°29’28” E 90.40’ TO A #4 REBAR; THENCE S 87°14’42” E 60.37’ TO A #4 REBAR;
THENCE S 87°20’06” E 60.33’ TO A #5 REBAR; THENCE S 08°10’41” W 113.61’ TO A 1/2” PIPE; THENCE N
88°36’55” W 367.75’ TO A #4 REBAR; THENCE S 58°18’41” W 53.43’ TO A 1/2” PIPE; THENCE N 47°28’46”
W 195.21’ TO A 1/2” PIPE; THENCE S 42°31’14” W 70.50’ TO A 1/2” PIPE; THENCE N 47°28’46” W 127.28’
TO A 1/2” PIPE ON THE RIGHT OF WAY OF SAID TOOMEY AVENUE; THENCE WITH SAID RIGHT OF WAY N
42°15’35” E 99.27’ TO THE POINT OF BEGINNING,
CONTAINING 134,173 SQUARE FEET, 3.080 ACRES MORE OR LESS.

TOGETHER WITH THAT CERTAIN PARCEL OF LAND WITH TAX PARCEL NUMBER 11906420 (DB 36342, PG
422; MB 69, PG 697) OF THE MECKLENBURG COUNTY REGISTRY; BEING BOUNDED ON THE NORTHWEST
BY TOOMEY AVENUE (50' PUBLIC RIGHT OF WAY; MB 27, PG 830) AND ON THE SOUTH BY TREMONT
AVENUE (50’ PUBLIC RIGHT OF WAY; MB 6, PG 403) AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A PK NAIL IN SAID TOOMEY AVENUE, HAVING NC STATE PLANE COORDINATES OF N:
537,633.010', E: 1,441,225.790'; THENCE S 40°44’30” W 314.00’ TO A 1/2” PIPE, THE POINT OF
BEGINNING.
01699-007/00389663 01699-007/00389663
BEGINNING AT SAID PIPE; THENCE S 47°45'43" E 247.31' TO A 1/2” PIPE; THENCE N 84°43’56” E 197.01’
TO A 1/2” PIPE; THENCE S 09°02'44" E 187.80' TO A 1/2” PIPE ON THE RIGHT OF WAY OF SAID TREMONT
AVENUE; THENCE WITH THE SAID RIGHT OF WAY THE FOLLOWING FIVE (5) CALLS: 1) S 71°40'45" W
12.38' TO A 1/2” PIPE, 2) S 85°13'28" W 420.84' TO A REBAR; 3) A CURVE TO THE RIGHT HAVING ARC
LENGTH 57.16’, RADIUS OF 262.43’, AND CHORD BEARING AND DISTANCE OF N 88°39'47" W 57.04’ TO A
SET 1/2" PIPE, 4) A CURVE TO THE RIGHT HAVING ARC LENGTH 108.00’, RADIUS OF 548.00’, AND CHORD
BEARING AND DISTANCE OF N 77°19'27" W 107.83’ TO A SET 1/2" PIPE, 5) A CURVE TO THE RIGHT
HAVING ARC LENGTH 103.39’, RADIUS OF 1,393.45’, AND CHORD BEARING AND DISTANCE OF N
69°35'01" W 103.36’ TO A SET 1/2" PIPE AT THE INTERSECTION OF THE RIGHTS OF WAY OF SAID
TREMONT AND TOOMEY AVENUES; THENCE WITH THE RIGHT OF WAY OF SAID TOOMEY AVENUE THE
FOLLOWING THREE (3) CALLS: 1) N 41°58’21” E 64.62’ TO A DRILL HOLE IN CONCRETE, 2) N 42°06’12” E
253.82’ TO A 3/4” PIPE, 3) N 42°09’22” E 101.36’ TO THE POINT OF BEGINNING,
CONTAINING 147,129 SQUARE FEET, 3.378 ACRES MORE OR LESS.