20019_Sinclair Refining_BPA_2016.03.07

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Brownfields Property Application
North Carolina Brownfields Program
www.ncbrownfields.org

I. PROSPECTIVE DEVELOPER (PD) INFORMATION {USE TAB KEY TO GET TO NEXT
DATA ENTRY LINE – DO NOT USE THE RETURN KEY}

A. PD information:

Entity name ECP NoDa, LLC ("ECP") and NODA 3536, LLC ("NODA 3536")
(*JOINT PDs*)

ECP:
Principal Officer T. Daniel Eller
Representative Elam Hall
Mailing Address 1480 Environ Way
Chapel Hill, NC 27517
E-mail address [e-mail]
Phone No. 919-904-4700
Fax No. N/A
Web site www.ellercapital.com

NODA 3536:
Principal Officer: Anthony Kuhn
Representative: Anthony Kuhn
Mailing Address: 427 Shasta Lane, Charlotte, NC 28211
E-mail address: [e-mail]
Phone number: [phone]

B. PD contact person information (i.e., individual who will serve as the NCBP’s point of
contact if different than above):

Name ECP: Mary Katherine H. Stukes
Company Parker Poe Adams & Bernstein LLP
Mailing Address 401 S. Tryon St., Ste. 3000
Charlotte, NC 28202
E-Mail Address [e-mail]

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Phone No. [phone]
Fax No. [phone]

NODA 3536: Peter McGrath
Moore and Van Allen PLLC
100 N. Tryon St., Ste. 4700
Charlotte, NC 28202
[e-mail]
[phone] (phone)
[phone] (fax)

C. Information regarding all parent companies, subsidiaries or other affiliates of PD (attach
separate sheet(s) if necessary):

(Use for LLCs)
Member-managed or manager-managed? Answer: ECP: Member-managed
NODA 3536: Manager-managed

If manager-managed, provide name of manager and percent of ownership:

Name NODA 3536: Anthony Kuhn
Ownership (%)
Mailing Address 427 Shasta Lane
Charlotte, NC 28211
E-Mail Address [e-mail]
Phone No. [phone]
Fax No.

For all LLCs, list all members of the LLC and provide their percent of ownership:

Name ECP: Eller Capital Holdings, LLC
Ownership (%) 100%
Mailing Address 1480 Environ Way
Chapel Hill, NC 27517

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E-Mail Address [e-mail]
Phone No. 919-904-4700
Fax No. N/A

Name
Ownership (%)
Mailing Address

E-Mail Address
Phone No.
Fax No.

Name
Ownership (%)
Mailing Address

E-Mail Address
Phone No.
Fax No.

NODA 3536:
1. The Flywheel Group, LLC (20% owner), 427 Shasta Ln, Charlotte NC 28211, Attn:
Anthony M. Kuhn, Managing Member, [phone]
2. Rod Moskowitz (15% owner), 130 Infield Court, Mooresville, NC 28117, [phone]
3. Evan M. Bass (15% owner), 3751 Abington Road, Charlotte, NC 28211, [phone]
4. Kahne Properties, LLC (50% owner), 265 Cayuga Drive, Mooresville, NC 28117, Attn:
Kasey Kahne, Managing Member, [phone]

Managers of manager-managed LLCs are required to execute all brownfield documents for
the LLC; as to member-managed LLCs, state name of member who will sign these
documents.

ECP: Eller Capital Holdings, LLC by T. Daniel Eller
NODA 3536: Anthony Kuhn

List all parent companies, subsidiaries and other affiliates:

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ECP's affiliates Eller Capital Holdings, LLC, Eller Capital Partners, LLC and Eller Residential,
Inc. have numerous other affiliates (including single-purpose entities created for real estate
development purposes) unrelated to this project or property.

NODA 3536 has no subsidiaries. Its only affiliates are the members. Anthony Kuhn is the
only member of Flywheel Group; Kasey Kahne is the only member of Kahne Properties.

(Use for Partnerships)

Check one: General Partnership Limited Partnership

List all partners and percent of ownership:

Name
Ownership (%)
Mailing Address

E-Mail Address
Phone No.
Fax No.

Is this person a general or limited partner?

Name
Ownership (%)
Mailing Address

E-Mail Address
Phone No.
Fax No.

Is this person a general or limited partner?

List all parent companies, subsidiaries and other affiliates:

(Use for corporations other than LLCs)
(If information is the same as shown in 1.A., please indicate “same as 1.A.” below.)

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Name
Mailing Address

E-Mail Address
Phone No.
Fax No.

List all parent companies, subsidiaries and other affiliates:

(Use for individuals)
(If individual is the same as shown in 1.A., -please indicate “same as 1.A.” above.)

Name
Mailing Address

E-Mail Address
Phone No.
Fax No.

D. Does PD have or can it obtain the financial means to fully implement a brownfields
agreement and assure the safe reuse of the property? (Attach supporting documentation
such as letters of credit, financial statements, etc.)

Answer Yes
Explanation ECP is an established real estate investor, developer and manager. ECP's
affiliates Eller Capital Holdings, LLC, Eller Capital Partners, LLC and Eller Residential Inc.
have been in operation since 2003 and have been acquiring multifamily real estate assets
since 2007, with over $150 million in assets under management, over $100 million of
development projects in its pipeline and ownership of major projects in both Carolinas and
Tennessee. ECP is applying for the Brownfields Agreement as part of its due diligence for
the purchase of this property. ECP is confident that its application for (and eventual
execution of) a Brownfields Agreement will be an expectation of its lender. The financing of
the property will provide the financial means to implement the Brownfields Agreement.

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NODA 3536 and its affiliate, The Flywheel Group, LLC, are real estate investors focused on
urban redevelopment initiatives, especially focused on the North End and NoDa
neighborhoods of Charlotte. Tony Kuhn of The Flywheel Group worked with the City of
Charlotte to create the vision for the "Applied Innovation Corridor," including plans for
transforming the former Charlotte Area Missile Plant into a 100-acre transit-oriented, mixed-
use development, NewCamp Station. Tony, while at Vision Ventures of Carolina, LLC, also
worked on the design and construction for the successful rebrand of Charlotte's Epicentre, a
$135MM, 350,000 sf mixed-use entertainment complex. NODA 3536 is applying for the
Brownfields Agreement as the current owner of this property. The Brownfields Agreement is
an expectation of NODA 3536’s lender.

E. Does PD have or can it obtain the managerial means to fully implement a brownfields
agreement and assure the safe use of the property?

Answer Yes
Explanation ECP and NODA 3536 have retained professionals, including Parker Poe
Adams & Bernstein LLP and Moore & Van Allen PLLC, respectively, who are experienced in
brownfields redevelopment and the implementation of brownfields requirements in particular.
These professionals (i) have significant experience with the Brownfields Program and the
redevelopment of challenged properties, and (ii) are aware of the work and restrictions that
are typically included in brownfields agreements to assure the safe use of property. The
combination of these resources will ensure successful implementation of a brownfields
agreement and safe use of the property.

F. Does PD have or can it obtain the technical means to fully implement a brownfields
agreement and assure the safe use of the property?

Answer Yes
Explanation Please see our responses to Questions I.D and I.E, above. ECP and NODA
3536 have the technical ability to fully implement a brownfields agreement and to assure the
safe use of the property. ECP and NODA 3536 have a range of engineering and
environmental experience available to them. In particular, ECP has retained Hart & Hickman
to manage the technical aspects of both this application and the implementation of an
eventual brownfields agreement (including technical "work to be performed"). Hart &

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Hickman has worked on numerous brownfields projects in the state and is thoroughly familiar
with the technical aspects and requirements of the brownfields program.

G. Does PD commit that it will comply (and has complied, if PD has had a prior project in the
NCBP) with all applicable procedural requirements of the NCBP, including prompt payment of
all statutorily required fees?

Answer Yes

(List all NCBP project name(s) and NCBP project ID numbers where PD or any parent
company, subsidiary and other affiliate of PD has been a party to.)

NODA 3536's affiliates have completed the brownfields process for the following projects:

1. MV Hercules, LLC, Brownfields Project No. 11044-07-60
2. MV Graham II, Brownfields Project No. 10013-09-60
3. MV Tryon II, Brownfields Project No. 12033-08-60
4. Abernathy Lumber II, Brownfields Project No. 16060-12-060
5. Matheson Ave., Brownfields Project No. 19079-15-060

H. Does PD currently own the property?

Answer See below

If yes, when did PD purchase the property and from whom? (Provide name, address,
telephone number and email address of the contact person for the current
property owner.)

NODA 3536 currently owns the property. NODA 3536 purchased the property on January
21, 2016 from RM 36th Street Investors, LLC (contact: James Merrifield, 521 E. Morehead
Street #400, Charlotte, NC 28202, [phone], [e-mail]). Contact
information for NODA 3536 appears in Section 1.A. above.

If no, provide the name, address, telephone number and e-mail address of the contact
person for the current property owner

See above.

I. If PD does not currently own the property, does PD have the property under contract to
purchase?

Answer ECP has the property under contract to purchase from NODA 3536.

If yes, provide date of contract. February 8, 2016

If no, when does the PD intend to purchase the property (e.g., after the project is determined
to be eligible for participation in the NCBP, after PD receives a draft BFA, after the
conclusion of the brownfields process)? Note: the Act requires the PD to demonstrate that it
intends to either buy or sell the property.

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J. Describe all activities that have taken place on the property since PD or PD’s parents,
subsidiaries and/or other affiliates, and/or lessees or sublessees of PD, took ownership of or
operated at the property (e.g., industrial, manufacturing or commercial activities, etc.).
(Include a list of all regulated substances as defined at NCGS § 130A-310.31(b)(11) that have
been used, stored on, or otherwise present at the property while those activities were
conducted, and explain how they were used.)

ECP has not commenced operations on the property, except for due diligence activities and
investigations, including environmental investigations. NODA 3536 has not commenced operations
on the property, except for due diligence activities and investigations, including environmental
investigations and the engagement of a parking operator to install minor parking improvements
(gates, fee collection machines, etc.) and to license the use of parking sparces to daily/hourly
customers.

II. SITE INFORMATION
A. Information regarding the proposed brownfields property:

Proposed project name Eller NoDa

acreage 1.54 street address(es) 409 E. 36th Street and adjacent 35th Street
parcel

city Charlotte County NC zip 28205

tax ID(s) or PIN(s) 08308409 (1.10) and 08308436 (0.44)

past use(s) Sinclair Refining Company since at least 1929 storing and distributing
gasoline and processed oils for sale to the textile industry. The property was then occupied
by a warehouse facility built in the late 1950's, reportedly occupied by Hangwell Hangers and
Norfolk Southern Railroad. The warehouse was replaced with a subsequent warehouse built
around 1992 reportedly used by Newco Fiber that is currently standing vacant on the parcel.

current use(s) Paid public parking, warehouse building is vacant

cause(s)/source(s) of contamination:

known

suspected historical on-site uses (including oil storage (seven ASTs) and processing), as
well as off-site uses (including gas station, auto repair, and dry cleaners).

B. Regulatory Agency Involvement: List the site names and all identifying numbers (ID No.)
previously or currently assigned by any federal, state or local environmental regulatory
agencies for the property. The ID No’s may include CERCLIS numbers, RCRA generator
numbers for past and present operations, UST database, Division of Water Quality’s incident
management database, and/or Inactive Hazardous Sites Branch inventory numbers. (In

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many instances, the PD will need to actively seek out this information by reading
environmental site assessment reports, reviewing government files, contacting government
officials, and through the use of government databases, many of which may be available over
the internet.)

Agency Name/ID No: Not identified on environmental databases
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
C. In what way(s) is the property abandoned, idled, or underused?

The property is ideally located on a main thoroughfare in an area that has developed into a
strong commercial/retail district, yet the existing warehouse is vacant and the gravel and
paved portions of the property are used for paid public parking.

D. In what way(s) is the actual or possible contamination at the property a hindrance to
development or redevelopment of the property (attach any supporting documentation such as
letters from lending institutions)?

Before ECP acquires the property and incurs the costs associated with the redevelopment of
the property, it needs to ensure that the property can safely be used through the Brownfields
Program, and that it and future owners and occupants will have the protections and benefits
afforded by a brownfields agreement. Further, the availability of financing for the acquisition of
the property may depend on the property’s entry into the Brownfields Program. Thus, given the
current condition of the property and its proposed ideal use, a brownfields protection is critical for
the safe redevelopment and success of the property.

E. In what way(s) is the redevelopment of the property difficult or impossible without a
brownfields agreement (attach any supporting documentation such as letters form lending
institutions)?

Please see the response to Question II.D above. Given the identified impacts to
soil and groundwater resulting from historical on-site and/or off-site operations, ECP and NODA
3536 believe that a brownfields agreement will be essential for the viable and safe use of the
property. Indeed, the acceptance of the property into the Brownfields Program is a key factor in
ECP's decision to purchase the property.

F. What are the planned use(s) of the redeveloped brownfields property to which the PD will
commit? Be as specific as specific as possible.

The North Davidson (NoDa) submarket has become increasingly popular over the last two
decades as the retail district has grown and people have opted to move closer to Charlotte's
CBD. The city has made a significant investment in this area with the extension of the Lynx
Blue Line light rail. The subject site is adjacent to the retail corridor and 1 block from the new
36th Street Station (light rail) which is under construction and planned to open in 2017. ECP
intends to develop the property for a mix of uses including retail, office and multifamily (rental
apartments) benefiting from close proximity to transit and retail.

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G. Current tax value of brownfields property: $Parcel 08308409 -- $465,500; Parcel 08308436 -
-$38,200

H. Estimated capital investment in redevelopment project: $61 Million

I. List and describe the public benefits that will result from the property’s redevelopment. Be as
specific as possible. (Examples of public benefits for brownfields projects include job creation,
tax base increases, revitalization of blighted areas, preserved green space, preserved historic
places, improving disadvantaged neighborhood quality-of-life related retail shopping
opportunities, affordable housing, environmental cleanup activities or set asides that have
community or environmental benefits. In gauging public benefit, NCBP places great value
upon letters of support from community groups and local government that describe
anticipated improvements in quality of life for neighboring communities that the project will
bring about. The inclusion of such support letters with this application is recommended and
encouraged.)

The National Association of Home Builders (NAHB) estimates that 1.13 jobs are created for
the construction of an average rental apartment meaning that over 300 jobs will likely be created
for the construction of the planned project (260 rental apartment units with 17,000 SF of ancillary
retail). The subject site is located adjacent to the NoDa commercial/retail district which
continues to grow and develop and will include a parking deck that will be utilized by both the
public, supporting nearby commercial/retail uses, and residents. The project is estimated to cost
$61MM which will significantly impact the tax base for a property with a current tax value of just
over $500K. The need for both housing and retail in this area is significant and the project will be
well located adjacent to both retail and transit options, increasing walkability and providing
residents with multiple transit options. Residents will have access to 173,000 jobs and major
employers like Bank of America, Wells Fargo, Duke Energy Carolinas Healthcare System and
TIAA-CREF via the light rail line.

Special Note: Please describe all environment-friendly technologies and designs PD plans
to utilize in its redevelopment strategy. For example, environment friendly redevelopment
plans could include: Leadership in Energy and Environmental Design (LEED) Certification,
green building materials; green landscaping techniques such as using drought resistant
plants; energy efficient designs, materials, appliances, machinery, etc.; renewable sources of
energy, and/or recycling/reuse of old building materials such as brick or wood.

At this time, ECP plans to design and construct the project to achieve NGBS certification.
Green building materials, LED and compact flourescent lighting, water saving
technologies/fixtures, green landscaping techniques and drought resistant plant material will
all be employed as needed to achieve certification. All appliances used in the development
will be Energy Star certified as available.

J. Who will own the brownfields property when the Notice of Brownfields Property is filed with
the register of deeds at the conclusion of the brownfields process? (If information is the
same as 1.A. above, please indicate.)

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Name ECP anticipates that either it (see contact information in 1.A. above) or
a to-be-formed, wholly-owned single-purpose entity will own the property at the conclusion of
the brownfields process, but it has not made a final decision at this time.
Mailing Address

E-Mail Address
Phone No.
Fax No.

III. OTHER REQUIRED INFORMATION
A. Brownfields Affidavit: PD must provide its certification, in the form of a signed and
notarized original of the unmodified model brownfields affidavit provided by NCBP, that it
did not cause or contribute to contamination at the property and that it meets all other
statutory eligibility requirements. (Note: The form to use for this affidavit is attached to this
application. It must be filled out signed notarized, and submitted with this application.)
Is the required affidavit, as described above, included with this application?

Answer Yes. Please see Exhibit A, which includes brownfields affidavits executed by
ECP and NODA 3536, respectively.

B. Proposed Brownfields Agreement Form: PD must provide the completed form Proposed
Brownfields Agreement. (Note: The form to use for this document is attached to this
application. It must be filled out, initialed, and attached on your submittal.)
Is the required Proposed Brownfields Agreement , as described above, included with this
application?

Answer Yes. Please see Exhibit B, which includes the Proposed Brownfields
Agreement form executed by ECP and NODA 3536, respectively.

C. Location Map: PD must provide a copy of the relevant portion of the 1:24,000 scale
U.S.G.S. topographic quadrangle map that shows the property clearly plotted, and that
measures at least an 8 ½ by 11 inches. (Note: these maps can be purchased through the
above link, or often through retail outdoor recreation stores that can print out the relevant
map. Often environmental reports have location maps that use this type of map as the base
for its location map.)
Is the required location map included with this application?

Answer Yes. Please see Exhibit C.

D. Survey Plat: PD must provide a preliminary survey plat of the brownfields property with the
property boundaries clearly identified, and a metes and bounds legal description that
matches the property description on the plat. At this stage of the brownfields process; one
or more existing survey plats from a previous property conveyance will suffice. (Before the

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brownfields project enters the public comment phase of the brownfields process, the PD will
be required to submit a final brownfields survey plat which includes the information listed in
the brownfields survey plat guidance.)
Is the required preliminary survey plat included with this application?

Answer Yes. Please see Exhibit D.

E. Site Photographs: PD must provide at least one pre-redevelopment photograph of the
property, in either hard copy or electronic format that shows existing facilities and
structures. Please note that the NCBP prefers to have electronic photos instead of or
in addition to hard copies. Electronic copies of photographs should be emailed to:
[e-mail] with a clear indication as to which Brownfields
Application they apply to.
Are photographs of the property included with this application?

Answer Yes. Please see Exhibit E.

Have electronic copies of the photographs been emailed to NCBP?

Answer Yes.

F. Environmental Reports/Data: If it makes an affirmative eligibility determination, the NCBP
will request that PD provide any and all existing environmental reports and data for the
property on CD only. The brownfields process may be expedited if PD submits such
reports/data with this application.
Are any environmental reports/data being submitted with this application?

Answer Yes. Please see the disc attached as Appendix F.

If environmental reports/data are being submitted with this application, please provide the title,
date and author of each item being submitted:

Phase I Environmental Site Assessment, NEWCO Fibre Site, prepared by Geoscience
Group and dated April 12, 2005

Phase I Environmental Site Assessment, Vacant Warehouse, 409 E. 35th Street,
Charlotte, NC, prepared by Hart & Hickman and dated November 25, 2015

Phase II Environmental Site Assessment, Industrial Warehouse, 409 E. 35th Street,
Charlotte, NC, prepared by Hart & Hickman and dated December 29, 2015

IV. ADDITIONAL REQUIRED FORMS

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The following forms are to be filled out and submitted with the application including the
Responsibility and Compliance Affidavit and the Proposed Brownfields Agreement.
Submittal of the Affidavit requires signature and notarization, and the Proposed
Brownfields Application requires an initial.

EXHIBIT A

PPAB 3128602v1
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
NORTH CAROLINA BROWNFIELDS PROGRAM

IN THE MATTER OF:
Eller NoDa
AFFIDAVIT RE:
RESPONSIBILITY AND
COMPLIANCE
UNDER THE AUTHORITY OF
NORTH CAROLINA GENERAL
STATUTES 130A-310.30, et. seq.
T. Daniel Eller, being duly sworn, hereby deposes and says:
1. I am Manager of Eller Capital Holdings, LLC, which is the sole member of
ECP NoDa, LLC.
2. I am fully authorized to make the declarations contained herein and to legally
bind ECP NoDa, LLC.
3. ECP NoDa, LLC is applying for a Brownfields Agreement with the North
Carolina Department of Environmental Quality, pursuant to N.C.G.S. §130A, Article 9, Part
5 (Brownfields Act), in relation to parcel ID numbers 08308409 and 08308436 located in
Charlotte, Mecklenburg County, North Carolina at 409 E. 36th Street and an adjacent 35th
Street parcel.
4. I hereby certify, under the pains and penalties of perjury and of the
Brownfields Act, that ECP NoDa, LLC and any parent, subsidiary or other affiliate meets the
eligibility requirements of N.C.G.S. §130A-310.31(b)(10), in that it has a bona fide,
demonstrable desire to buy for the purpose of developing or redeveloping, and did not cause
or contribute to the contamination at, the parcels cited in the preceding paragraph.
5. I hereby certify, under the pains and penalties of perjury and of the
Brownfields Act, that ECP NoDa, LLC meets the eligibility requirement of N.C.G.S. §130A-
310.32(a)(1) in that it and any parent, subsidiary or other affiliate have substantially complied
with:
a. the terms of any brownfields or similar agreement to which it or any
parent, subsidiary or other affiliate has been a party;
b. the requirement applicable to any remediation in which it or any
parent, subsidiary or other affiliate has previously engaged; and
c. federal and state laws, regulations and rules for the protection of the
environment.

PPAB 3121117v1
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
NORTH CAROLINA BROWNFIELDS PROGRAM

IN THE MATTER OF:
Eller NoDa
AFFIDAVIT RE:
RESPONSIBILITY AND
COMPLIANCE
UNDER THE AUTHORITY OF
NORTH CAROLINA GENERAL
STATUTES 130A-310.30, et. seq.
Anthony Kuhn, being duly sworn, hereby deposes and says:
1. I am Manager of NODA 3536, LLC.
2. I am fully authorized to make the declarations contained herein and to legally
bind NODA 3536, LLC.
3. NODA 3536, LLC is applying for a Brownfields Agreement with the North
Carolina Department of Environmental Quality, pursuant to N.C.G.S. §130A, Article 9, Part
5 (Brownfields Act), in relation to parcel ID numbers 08308409 and 08308436 located in
Charlotte, Mecklenburg County, North Carolina at 409 E. 36th Street and an adjacent 35th
Street parcel.
4. I hereby certify, under the pains and penalties of perjury and of the
Brownfields Act, that NODA 3536, LLC and any parent, subsidiary or other affiliate meets
the eligibility requirements of N.C.G.S. §130A-310.31(b)(10), in that it has a bona fide,
demonstrable desire to sell for the purpose of developing or redeveloping, and did not cause
or contribute to the contamination at, the parcels cited in the preceding paragraph.
5. I hereby certify, under the pains and penalties of perjury and of the
Brownfields Act, that NODA 3536, LLC meets the eligibility requirement of N.C.G.S.
§130A-310.32(a)(1) in that it and any parent, subsidiary or other affiliate have substantially
complied with:
a. the terms of any brownfields or similar agreement to which it or any
parent, subsidiary or other affiliate has been a party;
b. the requirement applicable to any remediation in which it or any
parent, subsidiary or other affiliate has previously engaged; and
c. federal and state laws, regulations and rules for the protection of the
environment.

EXHIBIT B

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Preliminary Proposed Brownfields Agreement

I. Property Facts

a. Property Address(es): 409 E. 36th Street and adjacent 35th Street parcel

b. Property Seller: NODA 3536, LLC

c. Property Buyer: ECP NoDa, LLC

d. Brief Property Usage History: Sinclair Refining Company since at least 1929 storing and
distributing gasoline and processed oils for sale to the textile industry. The property was then
occupied by a warehouse facility built in the late 1950's, reportedly occupied by Hangwell
Hangers and Norfolk Southern Railroad. The warehouse was replaced with a subsequent
warehouse built around 1992 reportedly used by Newco Fiber that is currently standing vacant
on the parcel.

e. The planned reuse will potentially involve the following use classification(s) (check all that
apply):
School/childcare/senior care
Residential
Commercial, retail (specify) approximately 17,000 SF proposed
Other commercial (specify)
Office
Light industrial
Heavy industrial
Recreational
Open space
Other (specify)

II. Contaminant Information
a. The contaminant situation at the property is best described by the following (check all that
apply):
Contaminants are from an on-property source(s)
Contaminants are from an off-property source(s)
Contaminants are from an unknown source(s)
Contaminants have not yet been documented on the property

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b. Contaminated Media Table. (If known, check appropriate boxes below)

Contaminant
Types
Soil Groundwater
and/or Surface
Water
Private Wells Vapor Intrusion
known Suspected known Suspected known suspected known suspected
o
r
g
a
n
i
c
s
Chlorinated
Solvents
(list):

Petroleum:
ASTs
USTs
Other
X X
Other (list):

i
n
o
r
g
a
n
i
c
s
Metals
(list):

Other (list):

III. Protective Measures
I am prepared to take steps necessary to make the property suitable for its planned uses while
fully protecting public health and the environment. I propose that NCBP consider a brownfields
agreement that will make the property suitable for the planned use(s) through the following
mechanism(s) (check all that apply):

Contaminant remediation to risk-based levels.
Engineered Controls (e.g., low permeability caps, vapor mitigation systems, etc)
Land use restrictions that run with the land that will restrict or prohibit uses that are
unacceptable from a risk assessment/management perspective. (Important Note: In any

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Preliminary Proposed Brownfields Agreement

I. Property Facts

a. Property Address(es): 409 E. 36th Street and adjacent 35th Street parcel

b. Property Seller: NODA 3536, LLC

c. Property Buyer: ECP NoDa, LLC

d. Brief Property Usage History: Sinclair Refining Company since at least 1929 storing and
distributing gasoline and processed oils for sale to the textile industry. The property was then
occupied by a warehouse facility built in the late 1950's, reportedly occupied by Hangwell
Hangers and Norfolk Southern Railroad. The warehouse was replaced with a subsequent
warehouse built around 1992 reportedly used by Newco Fiber that is currently standing vacant
on the parcel.

e. The planned reuse will potentially involve the following use classification(s) (check all that
apply):
School/childcare/senior care
Residential
Commercial, retail (specify) approximately 17,000 SF proposed
Other commercial (specify)
Office
Light industrial
Heavy industrial
Recreational
Open space
Other (specify)

II. Contaminant Information
a. The contaminant situation at the property is best described by the following (check all that
apply):
Contaminants are from an on-property source(s)
Contaminants are from an off-property source(s)
Contaminants are from an unknown source(s)
Contaminants have not yet been documented on the property

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b. Contaminated Media Table. (If known, check appropriate boxes below)

Contaminant
Types
Soil Groundwater
and/or Surface
Water
Private Wells Vapor Intrusion
known Suspected known Suspected known suspected known suspected
o
r
g
a
n
i
c
s
Chlorinated
Solvents
(list):

Petroleum:
ASTs
USTs
Other
X X
Other (list):

i
n
o
r
g
a
n
i
c
s
Metals
(list):

Other (list):

III. Protective Measures
I am prepared to take steps necessary to make the property suitable for its planned uses while
fully protecting public health and the environment. I propose that NCBP consider a brownfields
agreement that will make the property suitable for the planned use(s) through the following
mechanism(s) (check all that apply):

Contaminant remediation to risk-based levels.
Engineered Controls (e.g., low permeability caps, vapor mitigation systems, etc)
Land use restrictions that run with the land that will restrict or prohibit uses that are
unacceptable from a risk assessment/management perspective. (Important Note: In any

EXHIBIT C
TITLE
PROJECT
SITE LOCATION MAP
NEWCO FIBRE SITE
CHARLOTTE, NORTH CAROLINA
DATE:
JOB NO:
REVISION NO:
FIGURE NO:
1-3-07 0
1MFP-005
0 2000 4000
APPROXIMATE
SCALE IN FEET
N
U.S.G.S. QUADRANGLE MAP
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)
CHARLOTTE EAST NC., 1967 PHOTOREVISED 1988
DERITA, NC., 1993
SITE

EXHIBIT D

EXHIBIT E
Photograph 2: Parking lot and driveway access located in the northeastern portion of the site.
EL
P
-
0
0
2
VACANT WAREHOUSE
409 E. 35TH STREET
CHARLOTTE, NORTH CAROLINA
2923 S. Tryon Street, Suite 100
Charlotte, NC 28203
704.586.0007(p) 704.586.0373(f)
Photograph 1: Existing warehouse located in the central portion of the site.
Photograph 4: Interior of the vacant warehouse building.
EL
P
-
0
0
2
VACANT WAREHOUSE
409 E. 35TH STREET
CHARLOTTE, NORTH CAROLINA
2923 S. Tryon Street, Suite 100
Charlotte, NC 28203
704.586.0007(p) 704.586.0373(f)
Photograph 3: E. 35
th Street and parking located in the southwestern portion of the site.
Photograph 6: Railroad right of way located adjacent and northwest of the site.
EL
P
-
0
0
2
VACANT WAREHOUSE
409 E. 35TH STREET
CHARLOTTE, NORTH CAROLINA
2923 S. Tryon Street, Suite 100
Charlotte, NC 28203
704.586.0007(p) 704.586.0373(f)
Photograph 5: Storage addition attached to the northeast side of the warehouse.
Photograph 8: Pole-mounted transformers located in the northern corner of the property.
EL
P
-
0
0
2
VACANT WAREHOUSE
409 E. 35TH STREET
CHARLOTTE, NORTH CAROLINA
2923 S. Tryon Street, Suite 100
Charlotte, NC 28203
704.586.0007(p) 704.586.0373(f)
Photograph 7: HVAC unit located adjacent and south of the warehouse.
Photograph 10: E. 35th Street with view towards businesses located southeast of the site along N. Davidson Street.
EL
P
-
0
0
2
VACANT WAREHOUSE
409 E. 35TH STREET
CHARLOTTE, NORTH CAROLINA
2923 S. Tryon Street, Suite 100
Charlotte, NC 28203
704.586.0007(p) 704.586.0373(f)
Photograph 9: Storm drain located along E. 35th Street.

EXHIBIT F