BPA_executed

Brownfields Property Application
North Carolina Brownfields Program

Instructions/Important Information for Applicants

The Brownfields Property Reuse Act (Act) sets forth the conditions under which a site and a
prospective developer (PD) are eligible for a brownfields agreement. To start the process of seeking
a brownfields agreement, please complete this application. The North Carolina Department of
Environmental Quality’s (DEQ’s) North Carolina Brownfields Program (NCBP) will base its eligibility
determination on the information provided in this application and on other information that may be
obtained by NCBP. This eligibility determination is an administrative tool that allows the NCBP to
spend resources strictly on those sites that meet the statutory eligibility criteria. The application will
also allow the NCBP to allocate its resources first to those projects that demonstrate the highest
degree of public benefit.

The application form is available for download at www.ncbrownfields.org as an MSWord form and
a PDF. It is divided into the following sections:

Section I. Prospective Developer Information - facts regarding the applicant
Section II. Site Information - facts regarding the property
Section III Other Required Information - a “checklist” to help ensure that additional information
that must be submitted with the application is included.
Section IV. Additional Required Forms - NCBP has two forms that are required to be used for two
of the attachments to this application: a “Preliminary Proposed Brownfields
Agreement” form and a “Responsibility and Compliance Affidavit” form. Please note
that the “Preliminary Proposed Brownfields Agreement” must be initialed and
the “Responsibility and Compliance Affidavit” must be signed and notarized.

A determination of eligibility does not mean that the site is guaranteed to remain eligible or that the
PD is assured of receiving a final brownfields agreement; rather, it means that a PD is eligible to
seek a brownfields agreement regarding the site. As the process moves forward, NCBP has the
continuing duty to exercise its discretion as to whether DEQ should enter into a brownfields
agreement regarding a particular site. Comments received from the public may alter NCBP’s view
regarding eligibility. Also, new information that runs counter to statutory eligibility criteria and
obtained by the NCBP following an affirmative eligibility determination will require NCBP to re-
evaluate eligibility.

The Act requires DEQ to determine that brownfields projects have public benefit commensurate with
the liability relief provided by the brownfields agreement. Letters of community support can be a
strong gauge of public benefit. Economic development factors are important measures of this as
well. Therefore, in Section II, please be as specific as possible regarding questions that pertain to
economic measures of public benefit, including job creation, redevelopment investment, etc. Please
be assured that while the NCBP reports this information to the General Assembly as a measure of
overall programmatic public benefit, we do not report it on a site-specific basis. The data is only
used in aggregate.

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The process of applying for entry into the NCBP is as follows:
Download, fill out, and return the Brownfields Property Application form. If you do not have
internet access you may contact the NCBP at [phone] to obtain a copy of this form. If you
have MSWord as a word processor, you may use it to download and fill out the MSWord Form
(downloading the form in PDF format will require that the form be filled out by hand). You must
submit the original forms and attachments to:
NC Brownfields Program
Attention: Shirley Liggins
N.C. Department of Environmental Quality
Division of Waste Management
Mail Service Center 1646
Raleigh NC 27699-1646

Please note that attachments to the application include the “Responsibility and Compliance
Affidavit”, which must be signed and notarized, and the “Preliminary Proposed Brownfields
Agreement”, which must be initialed. (Be advised that the Preliminary Proposed Brownfields
Agreement is primarily an informational form for the NCBP to use in generating the brownfields
agreement and is not the actual brownfields agreement that will be signed by DEQ.)
1. Based upon the review of the application, the NCBP will provide the applicant PD one of the
following:
A. A Letter of Eligibility (LOE) indicating that the property is eligible for continued
negotiations towards a brownfields agreement. Upon receipt of an LOE, the initial
statutory fee of $2,000 is due from the PD to the NCBP. At this point, the PD also
needs to submit any and all environmental data it has or can obtain regarding the
site;
B. A Letter of Deficiency indicating that the submitted application is deficient in some
manner and eligibility cannot be determined, at which time additional information or
corrections to the application will be requested from the applicant PD; or
C. A letter indicating that the property and/or the applicant PD are ineligible for a
brownfields agreement.
The above steps end the application process. The remainder of the process of obtaining the
brownfields agreement is summarized as follows:
3. The NCBP reviews the existing environmental data and determines if there are
knowledge gaps. The NCBP may require additional assessment to be conducted by the
PD to fill in those gaps. Depending on the situation, such assessment may be required
prior to completion of a draft brownfields agreement or it may be incorporated in the
brownfields agreement requirements.
4. The NCBP considers all data at hand and drafts the brownfields agreement outlining
those items necessary to make the site suitable for the uses intended while fully protecting
public health and the environment. These items could include land use restrictions,
engineered controls, remedial actions or a combination of these actions. The draft BFA is
forwarded to the PD.
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5. The final draft brownfields agreement is negotiated and finalized between DEQ and the PD.
The statutory ancillary documents are prepared (including a brownfields property plat and
Notice of Intent to Redevelop a Brownfields Property) and this notice is opened to public
comment for a minimum of 30 days.
6. A second fee, required by statute to defray the costs to DEQ and DOJ, will be due from the
PD prior to DEQ’s execution of the brownfields agreement. Presently this second fee is
$6,000, subject to negotiation in the brownfields agreement. Should the prospective
developer choose to negotiate changes to the agreement that necessitate evaluation by the
Department of Justice, additional fees shall apply.
7. Any addendum/modification of the Brownfields documents after they take effect will
require a fee from the proponent of the modification in the amount of at least $1,000.00.
8. In the absence of public comment which affects the agreement, it is then signed by DEQ and
becomes effective upon execution by PD. If the NCBP receives public comment or a request
for a public meeting, the NCBP will consider input from the public and determine any
necessary changes to the brownfields agreement. It will then decide whether those changes
warrant an additional public comment period or if the brownfields agreement can be
executed after the appropriate changes are made.
9. The PD records the Notice of Brownfields Property at the county register of deed’s office.
10. Once executed, brownfields agreements require that the owner of any part of the brownfields
property provide an annual certification to the NCBP (known as a Land Use Restriction
Update or LURU) that the Notice of Brownfields Property containing the land use restrictions
remains recorded at the register of deeds and that the land use restrictions are being
complied with.

Please contact NCBP if you have questions or require additional guidance regarding this application
form or the process. Contact information is available on our website: www.ncbrownfields.org or by
calling 919-707-8200.

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

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

A. PD information:

Entity name Sidewalk Greenville, LLC
Principal Officer Mr. Rick Banning
Representative
Mailing Address 3432 Henrietta Hartford Road
Mount Pleasant, SC 29466
E-mail address [e-mail]
Phone No. 302-893-1110
Fax No. N/A
Web site www.sidewalkdevelopment.com

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

Name Same as "1A" Above
Company
Mailing Address

E-Mail Address
Phone No.
Fax No.

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

(Use for LLCs)
Member-managed or manager-managed? Answer: Manager Managed

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

Name Rick Bannning and Tim Elliott
Ownership (%) 50% EACH
Mailing Address 3432 Henrietta Harftord Rd
Mt. Pleasant, SC 29466
E-Mail Address [e-mail]
Phone No. 302-893-1110
Fax No.

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

Name Rick Banning
Ownership (%) 50%
Mailing Address 3432 Henrietta Hartford Rd
Mt. Pleasant, SC 29466
E-Mail Address [e-mail]
Phone No. 302-893-1110
Fax No.

Name Tim Elliott
Ownership (%) 50%
Mailing Address 14545 Manor Rd
Phoenix. MD 21131
E-Mail Address [e-mail]
Phone No. 443-604-1240
Fax No.

Name Ronald T. Moore
Ownership (%) Primary project investor with defined interest on return
Mailing Address 20408 Silver Lake Dr. Suite A
Rehoboth Beach, De 19971
E-Mail Address [e-mail]
Phone No. 302-239-9019
Fax No.

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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.

N/A

List all parent companies, subsidiaries and other affiliates:

N/A

(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:

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

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 N/A
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 Rick Banning and Ronald Moore and key financial investors

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

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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 Terracon Consultants, Inc. is involved with the project as is The East Group.

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.)

H. Does PD currently own the property?

Answer No

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.)

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

The City of Greenville, NC
PO Box 7207
Greenville, NC 27835
Attention - Mr. Kevin Mulligan / 252-329-4521 / [e-mail]

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

Answer Yes

If yes, provide date of contract.

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)?

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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.)

The PD does not currently own the property

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

Proposed project name Proposed Sidewalk Development Property

acreage 2.01 County Pitt

street address(es) 513 and 523 South Pitt Street

city Greenville zip 27835

tax ID(s) or PIN(s) PINs 11307 and 16544

past use(s) Tobacco Warehouse, Filling Station, Dry Cleaning, Automotive Repair

current use(s) Parking for the City of Greenville, NC since approximately 1978

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

known Confirmed solvent groundwater contamiantion in the area of a former
automotive repair shop in the northern portion of the site. Also, petroleum soil contamination
has been confirmed in the area of a former gas tank and dry cleaning building in the southern
portion of the site.

suspected

B. Regulatory Agency Involvement: List the site names and all identifying numbers (ID No.)
previously or currently assigned by any federal, state or local environmental regulatory
agencies for the property. The ID No’s may include CERCLIS numbers, RCRA generator
numbers for past and present operations, UST database, Division of Water Quality’s incident
management database, and/or Inactive Hazardous Sites Branch inventory numbers. (In
many instances, the PD will need to actively seek out this information by reading
environmental site assessment reports, reviewing government files, contacting government
officials, and through the use of government databases, many of which may be available over
the internet.)

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Agency Name/ID No: US Brownfields ID No. 1014784467
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:
Agency Name/ID No:

C. In what way(s) is the property is abandoned, idled, or underused?

The site is currently an undeveloped parking lot. The PD intends to develop the property with
an approximate 223,000 sq/ft four story building for student housing with retail shops.

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)?

Vapor intrusion is suspected in the area of solvent groundwater contamination and petroleum
soil contamination. Earthwork could potentially be hindered by soil contamiantion.

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)?

Without a brownfields agreement, substantial delays in development could occur while
rememdiating the site as well could impede ability to obtain financing.

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.

A proposed four-story approximate 223,000 sq/ft mixed use student housing project.

G. Current tax value of brownfields property: $ 451,000

H. Estimated capital investment in redevelopment project: $32,000,000

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.)
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The proposed redevelopment is located approximately 1,000 feet west of East Carolina
University and also situated near the "Uptown" district of Greenville. The proposed project would
provide student housing but also would help in the continued efforts of revitilizing the "Uptown"
district of Greenville by having retail shops incorporated in the proposed development.

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.

PD plans to use green building materials, energy efficient appliances and mechanical
systems

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.)

Name Same as 1.A. above
Mailing Address

E-Mail Address
Phone No.
Fax No.

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

Answer Yes

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

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Answer Yes

C. Location Map: PD must provide a copy of the relevant portion of the 1:24,000 scale
U.S.G.S. topographic quadrangle map that shows the location of 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 format as the base for its location map.)
Is the required location map included with this application?

Answer Yes

D. Survey Plat: PD must provide a preliminary survey plat of the brownfields property with the
property boundaries clearly identified, and a metes and bounds legal description that
matches the property description on the plat. At this stage of the brownfields process, one
or more existing survey plats from a previous property conveyance will suffice. (Before the
brownfields project enters the public comment phase of the brownfields process, the PD will
be required to submit a final brownfields survey plat which includes the information listed in
the brownfields survey plat guidance.)
Is the required preliminary survey plat included with this application?

Answer Yes

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 No

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

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

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-Phase I Environmental Site Assessment (ESA) Report, dated April 15, 2016, written by
Terracon Consultants, Inc.
-Report of Limited Site Investigation (LSI) Services, dated May 27, 2016, written by
Terracon Consultants, Inc.

IV. ADDITIONAL REQUIRED FORMS

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

I. Property Facts

a. Property Address(es): 513 and 523 South Pitt Street, Greenville, NC

b. Property Seller: City of Greenville, NC

c. Property Buyer: Sidewalk Development

d. Brief Property Usage History: The site has been developed since at least 1900 with residential
dwellings followed by commercial development starting in 1916. Commercial development on
the site has consisted of a tobacco warehouse, a filling station, steam laundry and dry cleaning
and automotive repair. The site is currently utilized as a parking lot by the City of Greenville and
has been since at least 1978.

e. The planned reuse will potentially involve the following use classification(s) (check all that
apply):
School/childcare/senior care
Residential
Commercial, retail (specify) Office/Retail Shops
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):

X
PCE &
TCE
X
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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final brownfields agreement generated by the NCBP, land use restrictions will ultimately
come with the continuing obligation to submit an annual certification that the Land Use
Restrictions are being complied with and remain recorded at the applicable register of
deeds office.)

IV. Fees
In connection with a brownfields agreement, the Act requires that the developer pay fees to
offset the cost to the Department of Environmental Quality and the Department of Justice. In
satisfaction of the Act, the following fees apply to a brownfields agreement that is developed for
this project under the standard program, subject to negotiation of the brownfields agreement:

a. A $2,000 initial fee will be due from the applicant PD when both of the following occur:

1) NCBP receives this application, the affidavit and proposed brownfields agreement, AND

2) NCBP notifies the applicant in writing that the applicant PD and the project are eligible for
participation in the NCBP and continued negotiation of a brownfields agreement.

b. A second fee of $6,000 will be due from the PD prior to execution of the brownfields
agreement. Should the prospective developer choose to negotiate changes to the agreement
that necessitate evaluation by the Department of Justice, additional fees shall apply.

c. Any addendum/modifications to the BFA or NBP after they are in effect will result in an
additional fee of at least $1,000.

d. In the unexpected event that the environmental conditions at the property are unusually
complex, such that NCBP’s costs will clearly exceed the above amounts, NCBP and PD will
negotiate additional fees.

e. Additional fees are charged for the Ready for Reuse and Redevelopment Now programs.

________ Please check this box and initial in space provided to indicate your
acknowledgement of the standard brownfields fee structure.

________ Please check this box and initial in space provided to indicate your interest in the
Ready for Reuse or the Redevelopment Now programs, and your acknowledgement of the
alternate fee structure as outlined in the Ready for Reuse or the Redevelopment Now Fee
Consent Document (under separate cover).

Date of Submittal: ____________________________