Water St Deck BPA

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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 East West Partners Management Co., Inc.
Principal Officer Roger L. Perry
Representative R. Lee Perry
Mailing Address 1450 Environ Way
Chapel Hill, NC 27517
E-mail address [e-mail]
Phone No. 919-929-0660
Fax No. 919-967-0959
Web site ewp-nc.com

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

Name Lee Perry, information is same as 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: A new single purprose LLC will be
used to hold and develop this site. The new LLC has not yet been formed. The Manager of
the LLC will be East West Partners Management Company, Inc. Ownership structure is not
yet final.

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

Name East West Partners Management Company, Inc.
Ownership (%) 0%
Mailing Address Same as 1A above

E-Mail Address
Phone No.
Fax No.

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

Name
Ownership (%)
Mailing Address

E-Mail Address
Phone No.
Fax No.

Name
Ownership (%)
Mailing Address

E-Mail Address
Phone No.
Fax No.

Name
Ownership (%)
Mailing Address

E-Mail Address
Phone No.
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.

Roger Perry as President and sole shareholder of East West Partners Management
Company, Inc.

List all parent companies, subsidiaries and other affiliates:

(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 Same as 1A
Mailing Address

E-Mail Address
Phone No.
Fax No.

List all parent companies, subsidiaries and other affiliates:

Roger Perry is sole shareholder of East West Partners Management Company, Inc.

(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 East West Partners has 40 years of experience properly capitalizing projects.
We use multipule sources of debt and equity in order to come up with the appropriate capital
and debt structure for the project. As the developing entity has not yet been formed there
are no financial statements.
East West Partners Management Company, Inc. does not take an ownership position in the
projects. EWP serves as the development manager for the project. It collects development
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fees, commissions and management fees and pays the salaries and benefits of employees
and other company overhead expenses. The company does not maintain significant assets
other than limited cash reserves for operations.

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 East West can dedicate the managerial resources along with its general
contractor, Barnhill, needed to implement a brownfield agreement and assure the 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 The PD is utilizing the City of Wilmington's EPA Community Wide Brownfields
Assessment Grant to support this development. Amec Foster Wheeler Environment &
Infrustructure, Inc. is the environmental consultant servicing this grant and is available to
provide the technical consulting necessary to implement this brownfields agreement.

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.)

This will be the first NCBP project for East West Parnters Management Co.

H. Does PD currently own the property?

Answer The City of Wilmington owns the property. The PD will receive ownership of
air rights and will develop the propery as the development partner through terms of a
Memorandum of Understanding with the City.

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

Tony Caudle, City of Wilmington Deputy Manager, P.O. Box 1810, Wilmington, NC 28402,
[phone]

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

Answer See H above

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)? Note: the Act requires the PD to demonstrate that it
intends to either buy or sell the property.

PD will purchase air rights upon execution of a Development Agreement / Brownfield
Agreement.

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.)

According to information provided by the New Hanover County Register of Deeds, the City of
Wilmington took ownership of a portion of this property on August 24, 2007 and the remainder of the
property on June 25, 2012 from PB&G Partners, LLC. The property has been utilized as a two-story
public parking garage since the time of ownership.

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

Proposed project name Water Street Deck Redevelopment

acreage ~1.23 street address(es) 200, 210, 220 N. Water Street and 10 Grace
Street

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city Wilmington County New Hanover zip 28401

tax ID(s) or PIN(s) R04720-007-026-000; R04720-07-029-000; R04720-007-027-000;
R04720-007-001-000

past use(s) Based upon historical research, the site was developed with a variety
of commercial and industrial properties from at least 1884 until 1967. These commercial
properties included wholesale grocers and warehouses, a rice mill, cider, vinegar, liquor and
wine manufacturers. A filling station with one gasoline tank occupied the southeast corner of
the site from approximately 1951 until 1953. The site was then developed with a parking
garage which extended from Grace Street south to Princess Street. Sometime between 1998
and 2005, the southern portion of the parking garage between Chestnut Street and Princess
Street was demolished.

current use(s) The site is currently being used as a two-story public parking garage.

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

known According to Sanborn maps, there was a filling station with a gasoline tank
located in the southeast corner of the site from approximately 1951 until 1953. Based upon
previous reports provided by the City, two Phase II ESAs were conducted in this area of the
site, to determine impacts to the site from this filling station. Analytical results from a soil
sample (SS-4) collected in this area by Law Engineering in June 1995 indicated Total
Petroleum Hydrocarbon (TPH) concentrations at 760 ppm. Analytical analysis of a soil
sample (SS-8) north of the filling station indicated TPH semi-volatile concentrations at 13
ppm. Analytical analysis of three soil samples (AOC 1A-1C) collected in this area by Cape
Fear Environmental in May 1999 indicated concentrations of volatiles organic compounds
(VOCs) and Semi-VOCs were below the laboratory quantitation limit. Analytical results of one
groundwater sample (AOC 1W) collected in this area by Cape Fear Environmental in May
1999 indicated concentrations of 4 isopropyltoluene at 400 ug/L. Based upon analytical
results provided in previous reports, the soil and groundwater at the site has been impacted
by constituents indicative of petroleum.

Amec Foster Wheeler has performed additional soil and groundwater assessment as part of
a Phase II ESA. At the time of production of this application a report was not avaialble.
However, a list of constiuents detected in both the soil and groundater is provided as an
attachment to this application.

suspected The exact uses of the property are not known; however, the wide variety of
industrial uses over such a long period of time,in addition to the filling station, may have
contributed to the petroleum impact identiifed on the property.

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
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officials, and through the use of government databases, many of which may be available over
the internet.)

Agency Name/ID No: N/A
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 Water Street Parking Deck is currently underused because of it's deteriorating state and
because it doesn't meet the highest and best use of waterfront neighborhood property. The
structure is deteriorating to such a point that the entrance to the deck from Grace Street has
had to be closed.

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)?

Potential developers looking to take ownership of the site have been reluctant because of the
risks associated with the contamination present. The result is the contamination at the site has
hindered site redevelopment and causes it to remain underutilized.

The redevelopment of this site will occur as a private-public partnership. In establishing the
financial responsibilities of each of the development partners, the unknowns surrounding the
contamination has prevented the deal being finalized.

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)?

A Brownfields Agreeement is the only possible means to achieve regulatory concurrance
needed to manage the risk associated with the contamination of the site and allow the site to be
redeveloped. By acquiring a Brownfields Agreement the financial responsibilities associated with
the contamination can be quantiifed and properly assigned to the development partner thereby
allowing the sucessful redevelopment of this 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 project includes parking, retail, elevated walkway, opening up a currently closed street
corridor connecting to the river, a park, streetscape enhancements, and nearly 200
residential units.

G. Current tax value of brownfields property: $tax exempt as city-owned property

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H. Estimated capital investment in redevelopment project: $60,000,000

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.)

The public benefits resulting from this project include, job creation, both temporary jobs
associated with construction and permanent jobs from the new retail businesses, tax base
increases, improving neighborhood quality of life with retail shopping and residential housing
opportunities, and a more structurally sound parking garage for residents and workers in the
area. Currently the site does not generate tax revenue for the City. The proposed development
would generate income to the City through taxes.

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.

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.
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
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did not cause or contribute to contamination at the property and that it meets all other
statutory eligibility requirements. (Note: The form to use for this affidavit is attached to this
application. It must be filled out signed notarized, and submitted with this application.)
Is the required affidavit, as described above, included with this application?

Answer yes

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

Answer yes

C. Location Map: PD must provide a copy of the relevant portion of the 1:24,000 scale
U.S.G.S. topographic quadrangle map that shows the property clearly plotted, and that
measures at least an 8 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

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?

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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:

Phase I Environmental Site Assessment Water Street Parking Garage, Wilmington,
North Carolina, April 2, 2015, Amec Foster Wheeler.

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): 200, 210, 200 N. Water Street, and 10 Grace Street, Wilmington,
North Carolina

b. Property Seller: City of Wilmington

c. Property Buyer:

d. Brief Property Usage History: Based upon historical research, the site was developed with a
variety of commercial and industrial properties from at least 1884 until 1967. These commercial
properties included wholesale grocers and warehouses, a rice mill, cider, vinegar, liquor and
wine manufacturers. A filling station with one gasoline tank occupied the southeast corner of the
site from approximately 1951 until 1953. The site was then developed with a parking garage
which extended from Grace Street south to Princess Street. Sometime between 1998 and 2005,
the southern portion of the parking garage between Chestnut Street and Princess Street was
demolished.

e. The planned reuse will potentially involve the following use classification(s) (check all that
apply):
School/childcare/senior care
Residential
Commercial, retail (specify)
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
VOCs
and
SVOC
s
list
attache
d
VOCs
and
SVOC
s
list
attache
d

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)
Site Location
Copyright:© 2013 National Geographic Society, i-cubed
³
0 2,0001,000 Feet
FIGURE
DRAWN BY:CHECKED BY:
DATE:
SITE LOCATION MAP 1TITLE:
PROJECT:
CLIENT:
CITY OF WILMINGTON
SCALE:SITE:
P:\Government\Local\Projects\City of Wilmington Brownfields\Projects\Water Street Parking Garage\GIS
WATER STREET PARKING GARAGEPHASE I ENVIRONMENTAL SITE ASSESSMENT
Amec Foster WheelerEnvironment & Infrastructure, Inc.
4021 Stirrup Creek Drive, Suite 100
Durham, NC 27703(919) 381-9900
LOCATION:
03/11/2015
C. Conchilla H. Thurston
64801441571 " = 2,000 '
Preliminary Proposed Brownfields Agreement
North Carolina Brownfields Program
Supplement to Section II.b. Contaminated Media Table

Soil:

The following constituents were detected by EPA Methods 8260B and 8270D in soil at
values above laboratory reporting limits in soil samples collected at Water Street
Parking Garage, 200 N. Water Street, Wilmington, North Carolina on April 30, 2015:

Constituent
1,2,4-Trimethylbenzene
1,3,5-Trimethylbenzene
Acetone
4-Isopropyltoluene
Naphthalene
1-Methylnapthalene
2-Methylnapthalene
n-Butylbenzene
o-Xylene
m,p-Xylenes
Toluene
Benzene
Ethylbenzene
Isopropylbenzene (Cumene)
Styrene
2,4-Dimethylphenol
2-Methylphenol
3/4 – Methylphenol
Phenanthrene
Phenol
Pyrene
Benzo(b)fluoranthene
Fluoranthene
Benzoic Acid

Groundwater:

The following constituents were detected by EPA Methods 8260B and 8270D in
groundwater at values above laboratory reporting limits in groundwater samples
collected at Water Street Parking Garage, 200 N. Water Street, Wilmington, North
Carolina on April 30, 2015:

Constituent
1,2,4-Trimethylbenzene
1,3,5-Trimethylbenzene
4-Isopropyltoluene
Carbon disulfide
Naphthalene
n-Butylbenzene
sec-Butylbenzene
tert-Butylbenzene
n-Propylbenzene
o-Xylene
m,p-Xylenes
Toluene
Benzene
Ethylbenzene
Isopropylbenzene (Cumene)