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VIA HAND DELIVERY
Ms. Hannah Cox
Charlotte-Mecklenburg Library
310 North Tryon Street
Charlotte, North Carolina 28202
McGuireWoods LLP
Fifth Third Center
201 North Tryon Street
Suite 3000
Charlotte, NC 28202
Tel [phone]
Fax [phone]
www.mcguirewoods.com
Amanda Kitchen Short
Direct: 704.343.2359 McGUIREWCODS [e-mail]
Direct Fax: [phone]
RE: Documents for Review and Public Comment
Former Chadbourn Mill Property, 451 Jordan Place and
2625 North Davidson Street Charlotte, Mecklenburg County, NC
Dear Ms. Cox:
Enclosed are documents that the North Carolina Department of Environmental Quality
requires us to make available at the Charlotte-Mecklenburg Library for review by the public.
They need to be available for 31 days beginning July 19, 2017. If you have any questions, please
give me a call.
Thank you for your assistance in this matter.
Sincerely,
McGuireWoods LLP
anthdou
Amanda K. K. Short
Enclosures
cc: Kris Fetter
Bill Schmithorst
91518661_1
McGUIREWCODS [e-mail]
Direct Fax: [phone]
McGuireWoods W'
Fifth Third Center
201 North Tryon Street
Suite 3000
Charlotte, NC 28202
Tel [phone]
Fax [phone]
www.mcguirewoods.com
Amanda Kitchen Short
Direct: 704.343.2359
July 18, 2017
VIA CERTIFIED MAIL
Dena Diorio
County Manager
Mecklenburg County
600 East Fourth Street, 1 l th Floor
Charlotte, NC 28202
Marcus D. Jones
City Manager
City of Charlotte
600 East Fourth Street, 15th Floor
Charlotte, NC 28202
Re: Notice of Intent and Notice of Brownfields Property
Former Chadbourn Mill Property, 451 Jordan Place and
2625 North Davidson Street, Charlotte Mecklenburg County, NC
Dear Ms. Diorio and Mr. Jones:
We represent Faison-Chadbourn Mill, LLC with regard to obtaining a Brownfields Agreement for
the property located at 451 Jordan Place and 2625 North Davidson Street in Charlotte, Mecklenburg
County, North Carolina. Faison-Chadbourn Mill, LLC and the North Carolina Department of
Environmental Quality have recently reached an agreement on the terms for this Brownfields Agreement.
Pursuant to N.C.G.S. §130A-310.34(a), we are providing to you a copy of the Notice of Intent to
Redevelop a Brownfields Property for this project. This statute requires that the Notice of Intent,
including the proposed Notice of Brownfields Property, be provided to all local governments having
jurisdiction over the properties that are to be subject to the Brownfields Agreement.
If you have any questions or need further information with regard to these matters, please contact
me.
Sincerely,
McGuireWoods LLP
00.40S
Amanda K. Short
Enclosure
cc: Kris Fetter
Bill Schmithorst
91518027_1
McGuireWoods LIP
Fifth Third Center
201 North Tryon Street
Suite 3000
Charlotte, NC 28202
Tel [phone]
Fax [phone]
www.mcguirewoods.com
Amanda Kitchen Sho
Direct: 704.343.235 McGUIREWCODS [e-mail]
Fax: 704,444.8861

July 18, 2017
VIA CERTIFIED MAIL
City of Charlotte
600 E. Fourth Street
Charlotte, NC 28202
Re: Summary Notice of Intent for Property at 451 Jordan Place and
2625 North Davidson Street Charlotte Mecklenburg County North Carolina
To Whom it May Concern (Owner of Parcel Numbers #08301138):
w)e represent Faison-Chadboum Mill, LLC with regard to obt-aining a Brownfields
Agreement for the property located at 451 Jordan Place and 2625 North Davidson Street, Charlotte,
Mecklenburg County, North Carolina (the "Property"). Faison-Chadbourn Mill, LLC and the
North Carolina Department of Environmental Quality have recently reached an agreement on the
terms for this Brownfields Agreement.
Pursuant to N.C.G.S. §130A-310.34(a), we are providing to you a copy of the Summary
Notice of Intent to Redevelop a Brownfields Property for this project. This statute requires that a
copy of the Summary Notice of Intent be provided to each owner of property contiguous to the
Property.
If you have any questions, please contact me.
Sincerely,
McGuireWoods LLP
(kmatittotilL
Amanda K. Short
Enclosure
Atlanta I Austin Baltimore I Brussels I Charlotte I Charlottesville I Chicago I Dallas I Houston I Jacksonville I London I Los Angeles - Century City
Los Angeles - Downtown I New York I Norfolk I Pittsburgh I Raleigh I Richmond I San Francisco I Tysons I Washington, D.C. I WilmingtOn
McGuireWoods LLP
Fifth Third Center
201 North Tryon Street
Suite 3090
Charlotte, NC 28202
Tel [phone]
Fax [phone]
www.mcguirewoods.com
Amanda Kitchen Shor
Direct: 704.343.235' McGUIREWCODS [e-mail]
Fax: [phone]
July 18, 2017
VIA CERTIFIED MAIL
Norfolk Southern Railway
110 Franldin Rd SE
Roanoke, VA 24042
Re: Summary Notice of Intent for Property at 451 Jordan Place and
2625 North Davidson Street, Charlotte, Mecklenburg County, North Carolina
To Whom it May Concern (Owner of Parcel Number 08301S03):
We represent Faison-Chadbourn Mill, LLC with regard to obtaining a Brownfields
Agreerneht for the property located at 451 Jordan Place and 2625 North Davidson Street, Charlotte,
Mecklenburg County, North Carolina (the "Property"). Faison-Chadbourn Mill, LLC and the
North Carolina Department of Environmental Quality have recently reached an agreement on the
terms for this Brownfields Agreement.
Pursuant to N.C.G.S. §130A-310.34(a), we are providing to you a copy of the Summary
Notice of Intent to Redevelop a Brownfields Property for this project. This statute requires that a
copy of the Summary Notice of Intent be provided to each owner of property contiguous to the
Property.
If you have any questions, please contact me.
Sincerely,
McGuireWoods LLP
ahaDIAICAkelf
Amanda K. Short
Enclosure
Atlanta I Austin I Baltimore I Brussels ] Charlotte I Charlottesville I Chicago I Dallas I Houston Jacksonville I London I Los Angeles - Century City
Los Angeles - Downtown I New York I Norfolk I Pittsburgh I Raleigh I Richmond I San Francisco I Tysons I Washington, D.C. I Wilmington
McGuireWoods LLP
FifthThird Center
201 North Tryon Street
Suite 3000
Charlotte, NC 28202
Tel [phone]
Fax [phone]
www.mcguirewoods.com
Amanda Kitchen Shor
Direct: 704.343.235 McGUIREWCODS [e-mail]
Fax: [phone]

July 18, 2017
VIA CERTIFIED MAIL
WIN EL INC
32565 B Golden Lantern Unit 186
Dana Point, CA 92629
Re: Summary Notice of Intent for Property at 451 Jordan Place and
2625 North Davidson Street, Charlotte, Mecklenburg County, North Carolina
To Whom it May Concern (Owner of Parcel Number 08306803):
We represent Faison-Chadbourn Mill, LLC with regard to obtaining a Brownfields
Agreement for the property located at 451 Jordan Place and 2625 North Davidson Street, Charlotte,
Mecklenburg County, North Carolina (the "Property"). Faison-Chadbourn Mill, LLC and the
North Carolina Department of Environmental Quality have recently reached an agreement on the
terms for this Brownfields Agreement.
Pursuant to N.C.G.S. §130A-310.34(a), we are providing to you a copy of the Summary
Notice of Intent to Redevelop a Brownfields Property for this project. Thig statute requires that a
copy of the Summary Notice of Intent be provided to each owner of property contiguous to the
Property.
If you have any questions, please contact me.
Sincerely,
McGuireWoods LLP
GA11\04060 4me*
Amanda K. Short
Enclosure
Atlanta I Austin Baltimore I Brussels I Charlotte I Charlottesville I Chicago I Dallas Houston I Jacksonville j London I Los Angeles - Century City
Los Angeles - Downtown I New York I Norfolk I Pittsburgh I Raleigh I Richmond I San Francisco I Tysons I Washington, D.C. I Wilmington
McGuireWoods LLP
Fifth Third Center
201 North Tryon Street
Suite 3000
Charlotte, NC 28202
Tel [phone]
Fax [phone]
www.mcguirewoods.com
Amanda Kitchen Shor
Direct: 704.343.235 McGUIREWCODS [e-mail]
Fax: [phone]
July 18, 2017
VIA CERTIFIED MAIL
Henry Rushell Powers
Marie E. Powers
411 Charles Avenue
Charlotte, NC 28205
Re: Summary Notice of Intent for Property at 451 Jordan Place and
2625 North Davidson Street Charlotte Mecklenburg Counfy North Carolina
To Whom it May Concern (Owner of Parcel Number 08306804):
We represent Faison-Chadbourn Mill, LLC with regard to obtaining a Brownfields
Agreement for the property located at 451 Jordan Place and 2625 North Davidson Street, Charlotte,
Mecklenburg County, North Carolina (the "Property"). Faison-Chadbourn Mill, LLC and the
North Carolina Department of Environmental Quality have recently reached an agreement on the
terms for this Brownfields Agreement.
Pursuant to N.C.G.S. §130A-310.34(a), we are providing to you a copy of the Summary
Notice of Intent to Redevelop a Brownfields Property for this project. This statute requires that a
copy of the Summary Notice of Intent be provided to each owner of property contiguous to the
Property.
If you have any questions, please contact me.
Sincerely,
McGuireWoods LLP
awkowda
Amanda K. K. Short
Enclosure
Atlanta I Austin I Baltimore Brussels I Charlotte I Charlottesville I Chicago I Dallas I Houston I Jacksonville J London I Los Angeles - Century City
Los Angeles - Downtown I New York I Norfolk I Pittsburgh I Raleigh I Richmond I San Francisco I Tysons I Washington, D.C. I Wilmington
McGuireWoods LIP
Fifth Third Center
201 North "Ryon Street
Suite 3000
Charlotte, NC 28202
Tel [phone]
Fax [phone]
www.mcguirewoods.com
Amanda Kitchen Sho
Direct: 704.343.235 McGUIREWOODS ashortrgmcguirewoods.com
Fax: [phone]

July 18, 2017
VIA CERTIFIED MAIL
Anna E. Birkner
Randolph C. Wall
2131 Kenmore Avenue
Charlotte, NC 28204
Re: Summary Notice of Intent for Property at 451 Jordan Place and
2625 North Davidson Street, Charlotte, Mecklenburg County, North Carolina
To Whom it May Concern (Owner of Parcel Number 08306805):
We represent Faison-Chadbourn Mill, LLC with regard to obtaining a Brownfields
Agreement for the property located at 451 Jordan Place and 2625 North Davidson Street, Charlotte,
Mecklen1;urg County, North Carolina (the "Property"). Faison-Chadbourn Mill, LLC and the
North Carolina Department of Environmental Quality have recently reached an agreement on the
terms for this Brownfields Agreement.
Pursuant to N.C.G.S. §130A-310.34(a), we are providing to you a copy of the Summary
Notice of Intent to Redevelop a Brownfields Property for this project. This statute requires that a
copy of the Summary Notice of Intent be provided to each owner of property contiguous to the
Property.
If you have any questions, please contact me.
Sincerely,
McGuireWoods LLP
Oumakia4 ,&(\ jcied
Amanda K. Short
Enclosure
Atlanta I Austin I Baltimore I Brussels I Charlotte I Charlottesville I Chicago I Dallas Houston I Jacksonville I London I Los Angeles - Century City
Los Angeles - Downtown I New York I Norfolk I Pittsburgh t Raleigh I Richmond I San Francisco I Tysons I Washington, D.C. I Wilmington
McGuireWoods LLP
Fifth Third Center
201 North Tryon Street
Suite 3000
Charlotte, NC 2/3202
Tel [phone]
Fax [phone]
www.mcguirewoods.com
Amanda Kitchen Short
Direct: 704.343.2359 McGUIREWCODS [e-mail]
Fax: [phone]
July 18, 2017
VIA CERTIFIED MAIL
Charles C. Dibiaezue
P. 0. Box 36893
Charlotte, NC 28236
Re: Summary Notice of Intent for Property at 451 Jordan Place and
2625 North Davidson Street, Charlotte, Mecklenburg County, North Carolina
To Whom it May Concern (Owner of Parcel Number 08306806):
We represent Faison-Chadbourn Mill, LLC with regard to obtaining a Brovvnfields
Agreement for the property located at 451 Jordan Place and 2625 North Davidson Street, Charlotte,
Mecklenburg County, North Carolina (the "Property"). Faison-Chadbourn Mill, LLC and the
North Carolina Department of Environmental Quality have recently reached an agreement on the
terms for this Brownfields Agreement.
Pursuant to N.C.G.S. §130A-310.34(a), we are providing to you a'copy of the Summary
Notice of Intent to Redevelop a Brownfields Property for this project. This statute requires that a
copy of the Summary Notice of Intent be provided to each owner of property contiguous to the
Property.
If you have any questions, please contact me.
Sincerely,
McGuireWoods LLP
Ougukoto1/4--
Amanda K. K. Short
Enclosure
Atlanta I Austin I Baltimore I Brussels I. Charlotte I Charlottesville I Chicago I Dallas I Houston I Jacksonville I London I Los Angeles- Century City
Las Angeles- Downtown New York I Norfolk Pittsburgh I Raleigh I Richmond I San Francisco I Tysons I Washington, D.C. i Wilmington
McGuireWoods LIP
Fifth Third Center
201 North Tryon Street
Suite 3000
Charlotte, NC 28202
Tel [phone]
Fax [phone]
www.mcguirewoods.com
Amanda Kitchen Shod
Direct 704.343.235 McGUIREWCODS [e-mail]
Fax: [phone]
July 18, 2017
VIA CERTIFIED MAIL
Malik Edwards
2518 Sulleyfield Pl. it2.03
Charlotte, NC 28273
Re: Summary Notice of Intent for Property at 451 Jordan Place and
2625 North Davidson Street, Charlotte, Mecklenburg County, North Carolina
To Whom. it May Concern (Owner of Parcel Number 08306807):
We represent Faison-Chadbourn Mill, •LLC with regard to obtaining a Brownfields
Agreement for the property located at 451 Jordan Place and 2625 North Davidson Street, Charlotte,
Mecklenburg County, North Carolina (the "Property"). Faison-Chadbourn Mill, LLC and the
North Carolina Department of Environmental Quality have recently reached an agreement on the
terms for this Brownfields Agreement.
Pursuant to N.C.G.S. §130A-310.34(a), we are providing to you a copy of the Summary
Notice of Intent to Redevelop a Brownfields Property for this project. This statute requires that a
copy of the Summary Notice of Intent be provided to each owner of property contiguous to the
Property.
If you have any questions, please contact me.
Sincerely,
McGuireWoods LLP
avvad-oL
Amanda K. K. Short
Enclosure
Atlanta I Austin I Baltimore I Brussels I Charlotte I Charlottesville I Chicago I Dallas Houston I Jacksonville I London I Los Angeles- Century City
Los Angeles- Downtown I New York I Norfolk I Pittsburgh I Raleigh I Richmond I San Francisco I Tysons I Washington, D.C. I Wilmington
McGuireWoods LIP
Fifth Third Center
201 North Tryon Street
Suite 3000
Charlotte, NC 28202
Tel [phone]
Fax [phone]
www.mcguirewoods.com
Amanda Kitchen Shor
Direct: 704.343.235 McGUIREWOODS [e-mail]
Fax: [phone]

July 18, 2017
WA CERTIFIED MAIL
Theron M. Ross
Christina M. Welsh
508 Charles Avenue
Charlotte, NC 28205
Re: Summary Notice of Intent for Property at 451 Jordan Place and
2625 North Davidson Street, Charlotte, Mecklenburg County, North Carolina
To Whom it May Concern (Owner of Parcel Numbers 08306808 and 08306705):
We represent Faison-Chadbourn Mill, LLC with regard to obtaining a Brownfields
Agreement for the property located at 451 Jordan Place and 2625 North Davidson Street, Charlotte,
Mecklenburg County, North Carolina (the "Property"). Faison-Chadbourn Mill, LLC and the
North Carolina Department of Environmental Quality have recently reached an agreement on the
terms for this Brownfields Agreement.
Pursuant to N.C.G.S. §130A-310.34(a), we are providing to you a copy of the Summary
Notice of Intent to Redevelop a Brovvnfields Property for this project. This statute requires that a
copy of the Summary Notice of Intent be provided to each owner of property contiguous to the
Property.
If you have any questions, please contact me.
Sincerely,
McGuire Woods LLP
cifroari(Ani-
Amanda K. Short
Enclosure
Atlanta I Austin I Baltimore I Brussels I Charlotte I Charlottesville I Chicago I Dallas I Houston I Jacksonville I London I Los Angeles - Century City
Los Angeles - Downtown I New York I Norfolk I Pittsburgh I Raleigh I Richmond I San Francisco Tysons !Washington, D.C. I Wilmington
McGuireWoods LIP
Fifth Third Center
201 North Tryon Street
Suite 3000
Charlotte, NC 28202
Tel [phone]
Fax [phone]
www.mcguirewoods.com
Amanda Kitchen Short
Direct: 704.343.2359 McGUIREWCODS [e-mail]
Fax: [phone]
July 18, 2017
VIA CERTIFIED MAIL
Theron M. Ross
Christina M. Welsh
500 Charles Avenue
Charlotte, NC 28205
Re: Summary Notice of Intent for Property at 451 Jordan Place and
2625 North Davidson Street, Charlotte, Mecklenburg County, North Carolina
To Whom it May Concern (Owner of Parcel Numbers 08306808 and 08306705):
We represent Faison-Chadbourn Mill, LLC with regard to obtaining a Brownfields
Agreement for the property located at 451 Jordan Place and 2625 North Davidson Street, Charlotte,
Mecklenburg County, North Carolina (the "Property"). Faison-Chadboum Mill, LLC and the
North Carolina Department of Environmental Quality have recently reached an agreement on the
terms for this Brownfields Agreement.
Pursuant to N.C.G.S. §130A-310.34(a), we are providing to you a copy of the Summary
Notice of Intent to Redevelop a Brownfields Property for this project. This statute requires that a
copy of the Summary Notice of Intent be provided to each owner of property contiguous to the
Property.
If you have any questions, please contact me.
Sincerely,
McGuire Woods LLP
amula 4(wct
Amanda K. Short
Enclosure
Atlanta I Austin I Baltimore I Brussels I Charlotte I Charlottesville I Chicago I Dallas j Houston I Jacksonville I London I Los Angeles - Century City
Los Angeles - Downtown I New York I Norfolk I Pittsburgh I Raleigh I Richmond I San Francisco I Tysons I Washington, D.C. I Wilmington
McGuireWoods LIP
Fifth Third Center
201 North Tryon Street
Suite 3000
Charlotte, NC 28202
Tel [phone]
Fax [phone]
wwwmcguirewoods.com
Amanda Kitchen Short
Direct: 704.343.235 McGUIREWCODS [e-mail]
Fax: [phone]
July 18, 2017
VIA CERTIFIED MAIL
Newton Duckworth Martin
2615 Albatross Lane
Mathews, NC 28104
Re: Summary Notice of Intent for Property at 451 Jordan Place and
2625 North Davidson Street, Charlotte, Mecklenburg County, North Carolina
To Whom it May Concern (Owner of Parcel Number 08306809):
We represent Faison-Chadbourn Mill, LLC with regard to obtaining a Brownfields
Agreement for the property located at 451 Jordan Place and 2625 North Davidson Street, Charlotte,
Mecklenburg County, North Carolina (the "Property"). Faison-Chadbourn Mill, LLC and the
North Carolina Department of Environmental Quality have recently reached an agreement on the
terms for this Brownfields Agreement.
Pursuant to N.C.G.S. §130A-310.34(a), we are providing to you a copy of the Summary
Notice of Intent to Redevelop a Brownfields Property for this project. This statute requires that a
copy of the Summary Notice of Intent be provided to each owner of property contiguous to the
Property.
If you have any questions, please contact me.
Sincerely,
McGuireWoods LLP
Oacmida-
Amanda K. K. Short
Enclosure
Atlanta I Austin I Baltimore Brussels I Charlotte J Charlottesville I Chicago j Dallas j Houston Jacksonville I London I Los Angeles - Century City
Los Angeles - Downtown I New York I Norfolk I Pittsburgh I Raleigh I Richmond I San Francisco I Tysons I Washington, D.C. I Wilmington
McGuireWoods LIP
Fifth Third Center
201 North Tryon Street
Suite 3000
Charlotte, NC 28202
Tel [phone]
Fax [phone]
www.mcguirewoods.com
Amanda Kitchen Short
Direct: 704.343.2359 McGUIREWCODS [e-mail]
Fax: [phone]

July 18, 2017
VIA CERTIFIED MAIL
Myers Park Properties, Inc.
2701 North Davidson Street
Charlotte, NC 28205
Re: Summary Notice of Intent for Property at 451 Jordan Place and
2625 North Davidson Street, Charlotte, Mecklenburg County, North Carolina
To Whom it May Concern (Owner of Parcel Number 08306812):
We represent Faison-Chadbourn Mill, LLC with regard to obtaining a Brownfields
Agreement for the property located at 451 Jordan Place and 2625 North Davidson Street, Charlotte,
Mecklenburg County, North Carolina (the "Property"). Faison-Chadbourn Mill, LLC and the
North Carolina Department of Environmental Quality have recently reached an agreement on the
terms for this Brovvnfields Agreement.
Pursuant to N.C.G.S. §130A-310.34(a), we are providing to you a copy of the Summary
Notice of Intent to Redevelop a Brownfields Property for this project. This statute requires that a
copy of the Summary Notice of Intent be provided to each owner of property contiguous to the
Property.
If you have any questions, please contact me.
Sincerely,
McGuireWoods LLP
Amanda K. K. Short
Enclosure
Atlanta Austin I Baltimore I Brussels I Charlotte I Charlottesville I Chicago I Dallas I Houston I Jacksonville I London I Los Angeles - Century City
Los Angeles - Downtown I New York I Norfolk I Pittsburgh I Raleigh I Richmond I San Francisco I Tysons I Washington, D.C. I Wilmington
McGuireWoods LIP
Fifth Third Center
201 North Tryon Street
Suite 3000
Charlotte, NC 28202
Tel [phone]
Fax [phone]
www.mcguirewoods.com
Amanda Kitchen Short
Direct: 704.343.2359 McGUIREWOODS [e-mail]
Fax: [phone]
•
July 18, 2017
VIA CERTIFIED MAIL
Melinda Olbrich Fox
Jeffrey Thomas Fox
601 Charles Avenue
Charlotte, NC 28205
Re: Summary Notice of Intent for Property at 451 Jordan Place and
2625 North Davidson Street, Charlotte, Mecklenburg County, North Carolina
To Whom it May Concern (Owner of Parcel Number 08307317):
We represent Faison-Chadbourn Mill, LLC with regard to obtaining a Brownfields
Agreement for the property located at 451 Jordan Place and 2625 North Davidson Street, Charlotte,
Mecklenburg County, North Carolina (the "Property"). Faison-Chadbourn Mill, LLC and the
North Carolina Department of Environmental Quality have recently reached an agreement on the
terms for this Brownfields Agreement.
Pursuant to N.C.G.S. §130A-310.34(a), we are providing to you a copy of the Summary
Notice of Intent to Redevelop a Brownfields Property for this project. This statute requires that a
copy of the Summary Notice of Intent be provided to each owner of property contiguous to the
Property.
If you have any questions, please contact me.
Sincerely,
McGuireWoods LLP
akwuRcu.'c 9yru-
Amanda K. Short
Enclosure
Atlanta I Austin Baltimore j Brussels I Charlotte I Charlottesville I Chicago I Dallas I Houston I Jacksonville I London J Los Angeles - Century City
Los Angeles - Downtown I New York j Norfolk I Pittsburgh I Raleigh I Richmond I San Francisco I Tysons I Washington, D.C. I Wilmington
McGuireWoods LLP
Fifth Third Center
201 NorthTryon Street
Suite 3000
Charlotte, NC 28202
Tel [phone]
Fax [phone]
www.mcguirewoods.com
Amanda Kitchen Short
Direct: 704.343.2359 McGUIREWCODS [e-mail]
Fax: [phone]
July 18, 2017
VIA CERTIFIED MAIL
Michael D. Herndon
16333 Terry Lane
Huntersville, NC 28078
Re: Summary Notice of Intent for Property at 451 Jordan Place and
2625 North Davidson Street, Charlotte, Mecklenburg County, North Carolina
To Whom it May Concern (Owner of Parcel Number 08306601):
We represent Faison-Chadbourn Mill, LLC with regard to obtaining a Brownfields
Agreement for the property located at 451 Jordan Place and 2625 North Davidson Street, Charlotte,
Mecklenburg County, North Carolina (the "Property"). Faison-Chadbourn Mill, LLC and the
North Carolina Department of Environmental Quality have recently reached an agreement on the
terms for this Brownfields Agreement.
Pursuant to N.C.G.S. §130A-310.34(a), we are providing to you a copy of the Summary
Notice of Intent to Redevelop a Brownfields Property for this project. This statute requires that a
copy of the Summary Notice of Intent be provided to each owner of property contiguous to the
Property.
If you have any questions, please contact me.
Sincerely,

McGuireWoods LLP
aMea-.
Enclosure
Amanda K. Short

Atlanta I Austin I Baltimore I Brussels I Charlotte I Charlottesville I Chicago I Dallas I Houston I Jacksonville I London I Los Angeles- Century City
Los Angeles - Downtown I New York I Norfolk I Pittsburgh I Raleigh I Richmond I San Francisco I-Tysons I Washington, D.C. Wilmington
McGuireWoods LIP
Fifth Third Center
201 North Tryon Street
Suite 3000
Charlotte, NC 28202
Tel [phone]
Fax [phone]
www.mcguirewoods.com
Amanda Kitchen Short
Direct: 704.343.2359 McGUIREWOODS ashortemcguirewoods.com
Fax: [phone]
July 18, 2017
VIA CERTIFIED MAIL
Neese Country Sausage, Inc.
2604 N. Davidson Street
Charlotte, NC 28205
Re: Summary Notice of Intent for Property at 451 Jordan Place and
2625 North Davidson Street, Charlotte, Mecklenburg County, North Carolina
To Whom it May Concern (Owner of Parcel Number 08306603):
We represent Faison-Chadbourn Mill, LLC with regard to obtaining a Brownfields
Agreement for the property located at 451 Jordan Place and 2625 North Davidson Street, Charlotte,
Mecklenburg County, North Carolina (the "Property"). Faison-Chadbourn Mill, LLC and the
North Carolina Department of Environmental Quality have recently reached an agreement on the
terms for this Brownfields Agreement.
Pursuant to N.C.G.S. §130A-310.34(a), we are providing to you a copy of the Summary
Notice of Intent to Redevelop a Brownfields Property for this project. This statute requires that a
copy of the Summary Notice of Intent be provided to each owner of propierty contiguous to the
Property.
If you have any questions, please contact me.
Sincerely,
McGuireWoods LLP
Amanda K. K. Short
Enclosure
Atlanta I Austin I Baltimore I Brussels I Charlotte I Charlottesville I Chicago I Dallas I Houston I Jacksonville I London I Los Angeles - Century City
Los Angeles - Downtown I New York I Norfolk I Pittsburgh I Raleigh I Richmond I San Francisco I Tysons I Washington,.D.C. I Wilmington
McGuireWoods LIP
Fifth Third Center
201 North Tryon Street
Suite 3000
Charlotte, NC 28202
Tel [phone]
Fax [phone]
www.mcguirewoods.com
Amanda Kitchen Short
Direct: 704.343.2359 McGUIREWOODS ashorta mcgui rewoods.com
Fax: [phone]
July 18,2017
VIA CERTIFIED MAIL
Ricky D. Lankford
Larry S. Lankford
Cornelius Lankford
2514 N. Davidson Street
Charlotte, NC 28205
Re: Summary Notice of Intent for Property at 451 Jordan Place and
2625 North Davidson Street, Charlotte, Mecklenburg County, North Carolina
To Whom it May Concern (Owner of Parcel Number 08306501):
We represent Faison-Chadbourn Mill, LLC with regard to obtaining a Brownfields
Agreement for the property located at 451 Jordan Place and 2625 North Davidson Street, Charlotte,
Mecklenburg County, North Carolina (the "Property"). Faison-Chadbourn Mill, LLC and the
North Carolina Department of Environmental Quality have recently reached an agreement on the
terms for this Brownfields Agreement.
Pursuant to N.C.G.S. §130A-310.34(a), we are providing to you a copy of the Summary
Notice of Intent to Redevelop a Brownfields Property for this project. This statute requires that a
copy of the Summary NoticeS of Intent be provided to each owner of property contiguous to the
Property.
If you have any questions, please contact me.
Sincerely,
McGuireWoods LLP
ammkaux.tvwev+
Amanda K. Short
Enclosure
Atlanta I Austin I Baltimore I Brussels I Charlotte I Charlottesville I Chicago I Dallas I Houston I Jacksonville I London I Los Angeles - Century City
Los Angeles - Downtown I New York I Norfolk I Pittsburgh I Raleigh I Richmond I San Francisco I Tysons I Washington, D.C. I Wilmington
McGuireWoods 1.19
Fifth Third Center
201 North Tryon Street
Suite 3000
Charlotte, NC 28202
Tel [phone]
Fax [phone]
vinvw,mcguirewoods.com
Amanda Kitchen Short
Direct: 704.343.2359 McGUIREWOODS ashortegmcguirewoods.com
Fax: [phone]
July 18, 2017
VIA CERTIFIED MAIL
Harwood Properties II, LLC
1001 Elizabeth Avenue, Suite 1D
Charlotte, NC 28204
Re: Summary Notice of Intent for Property at 451 Jordan Place and
2625 North Davidson Street, Charlotte Mecklenburg County, North Carolina
To Whom it May Concern (Owner of Parcel Number 08306504):
We represent Faison-Chadbourn Mill, LLC with regard to obtaining a Brownfields
Agreement for the property located at 451 Jordan Place and 2625 North Davidson Street, Charlotte,
Mecklenburg County, North Carolina (the "Property"). Faison-Chadbourn Mill, LLC and the
North Carolina Department of Environmental Quality have recently reached an agreement on the
terms for this Brownfields Agreement.
Pursuant to N.C.G.S. §130A-310.34(a), we are providing to you a copy of the Summary
Notice of Intent to Redevelop a Brownfields Property for this project. This statute requires that a
copy of the Summary Notice of Intent be provided to each owner of property contiguous to the
Property.
If you have any questions, please contact me.
Sincerely,
McGuireWoods LLP
C1/4,vvalAGu_
Amanda K. K. Short
Enclosure
Atlanta I Austin I Baltimore Brussels I Charlotte I Charlottesville I Chicago I Dallas J Houston I Jacksonville I London I Los Angeles - CenturY City
Los Angeles-Downtown I New York I Norfolk I Pittsburgh I Raleigh I Richmond I San Francisco I Tysons I Washington, D.C. I Wilmington
McGuireWoods LIP
Fifth Third Center
201 North Tryon Street
Suite 3000
Charlotte, NC 28202
Tel [phone]
Fax [phone]
www.mcguirewoods.com
Amanda Kitchen Short
Direct: 704.343.2359 McGUIREWCODS [e-mail]
Fax: [phone]
July 18, 2017
VIA CERTIFIED MAIL
Wellmon Family LP
P. O. Box 790035
Charlotte, NC 28206
Re: Summary Notice of Intent for Property at 451 Jordan Place and
2625 North Davidson Street, Charlotte, Mecklenburg County, North Carolina
To Whom it May Concern (Owner of Parcel Numbers 08306708, 08305105, 08305101):
We represent Faison-Chadbourn Mill, LLC with regard to obtaining a Brownfields
Agreement for the property located at 451 Jordan Place and 2625 North Davidson Street, Charlotte,
Mecklenburg County, North Carolina (the "Property"). Faison-Chadbourn Mill, LLC and the
North Carolina Department of Environmental Quality have recently reached an agreement on the
terms for this Brovvnfields Agreement.
Pursuant to N.C.G.S. §130A-310.34(a), we are providing to you a copy of the Summary
Notice of Intent to Redevelop a Brownfields Property for this project. This statute requires that a
copy of the Summary Notice of Intent be provided to each owner of property contiguous to the
Property.
If you have any questions, please contact me.
Sincerely,
McGuireWoods LLP
P\im.wokeLV- \guy+
Amanda K. Short
Enclosure
Atlanta I Austin I Baltimore I Brussels I Charlotte I Charlottesville I Chicago I Dallas I Houston I Jacksonville I London I Los Angeles- Century City
Los Angeles - Downtown I New York I Norfolk I Pittsburgh I Raleigh I Richmond I San Francisco I Tysons I Washington, D.C. I Wilmington
- •
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Phone:
704.358-5555 Free- 800.532-5348
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SUMMARY OF NONCE OF
INTENT TO REDEVELOP A
BROWNFIELDS PROPERTY
en. Name; Fanner CiddbeArin Ill ROPPEY
Brownfield, ProliterNunthan 20036-16090
Papal ha ACM f 1205010.34. Faryan-Chadbourn MN. LLO, es Prospxrtar triarrinpar, has sled sties Me North Camaro Department ol Environmental Dually CDE01 a Police ral Intent le Rechavarp a &was: Properly eProPerty, ha Charlotte, MarAlenburg CattiestNoah Cat lbe Brownie's]; Property whichb 11113 Mani; elm of the Chaebourn tanalets at apprartimate9.75 arse, anti 6 Peeled d ial Jordon Placoem1203 Werth Deanne sue& Emaronmenial contenonairon oasis ori the ercrartlatkay Appear, Ii, groundeater. tall. sub-glob sal on, and sat vapor. Falson-Chadboum till LLD hae commeted Nen lo redet•Nopownt plena which Indeds Noh density pardoned, O tea. *ror, boMI, eraphatAng, teawileost, opal erect. pedalo. reataurant, brewery or cod Madoolon Nagy. end. suryttel to 000. pdor mitten approve other catornercial may on the Braernaelds Property. TheMAN.of Intent.° Redevelop o gnasullaida emptily nrNdes: (I) a proposed !bobber& Agreement beilwaan ME and ralsonzincta um KA u.c. MathIs torn includes Oa a map ohoMisi II,. dasci1plqi of irtncVniVil:gtmla?,41 and hair aoncentraarts In the need a oleo PlaPaitt la) Me obeee-steled aeseaMion it ther Inrynaed Was use of the Morynields
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lac Bruce Nloacison
Bropratelds Pregrem Manager
Dition of Waste Management
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SOLMARV OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIEEI/S PROPERTY
Site Name: Font. r Chadbonrn Mill Property
Brovmflelds Project Number: 200r16-16-060
Pursuant to NCGS § 130A-310.34, Fa, row-Chadbourn Milt LU. Paisivectivc Doveloper. has bled ‘vith thc North Canalinct Dcpusonc0, of Environtnental Quali6 DEO') a Notice of Intent to
Redevelop a Brovmfields Property ("Property") in Charlene, Mecklenburg County, North Carolina. The Inownfields Property, which is the f moat she of the Chadboum Mt II. consists of approximately 175
acres and 4 located at 451 Jordan Place and 2625 North DavidsOn Street. Environmental contamination exists cc the Bmomftelda Pt ',pony in groundwater. soil, sub-Dab soil gas, and soil vapor. Faison-. Godwin Mill. (LC has committed itself to redevelopment plans which include high density
resitkmitti, retail, office. hotel, warehousing, rocreationat open space, parking. moron:At brewery or fond production facility, and, subject to OED's prior written approvaj. other commercial USCS on Inc Bm‘"fiekh, Dorn, The Notice of Intent to Redevelop a Brownfield, Property include, Cl) a POLVONtd IkOwn5C14. Agreement
bens.° en MS) sml aisonChadboom Mill. LLC, which in UM iftCluleS ()s map showing the location of the Pro (b) a description of the contaminant.: involved sad their toncaunitons in the
is of the Property. (c) the abovmstated description of the intended lla
WC tat or tht Enatmlitldt Property, and (d) proposed inveatatkat and rentediation: and (2) P.°P"t4 N°11ce °flim"'nelt Prupeny Prtpitred in semertnte with NCOS 1'130A-310-35. Dm
Mecklenb full Neu« or latau to Redevelop a Brownfictrs Pmpeny may be reviewed as the Charlotte-urg Library, 310 N. Try m street Charbmt NE ggyna by contacting ;brutal Cox at 112517 49X-writim bY Phone at (70-1)41(40150; or caw offices of the NC Brovollielda PMgorcot Imes Slamigt...
NC or bycontactmg Sholey I-44ms at that adeticss, at r9s9 '3I7
tobenited is
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I
I
'NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Site Name: Former Chadbourn Mill Property
Brownfields Project Number: 20086-16-060
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 properties that may
have been or were •contaminated by past industrial and commercial activities. One of the Act's
requirements is this Notice of Intent to Redevelop a Brownfields Property approved by the North Carolina
Department of Environmental Quality ("DEQ"). See NCGS § 130A-310.34(a). The Notice of Intent must
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 prepared in accordance with NCGS § 130A-310.35. The party ("Prospective Developer") who
desires to enter into a Brownfields Agreement with DEQ must provide a copy of this Notice to all local
governments having jurisdiction over the Brownfields Property. The proposed Notice of Brownfields
Property for a particular brownfields project is attached hereto; the proposed Brownfields Agreement,
which is attached to the proposed Notice of Brownfields Property as Exhibit A, contains the other required
elements of this Notice. Written public comments may be submitted to DEQ within 30 days after the latest
of the following dates: the date the required summary of 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 requests for a public meeting may be submitted to DEQ within 21 days
after the period for written public comments begins. Those periods will start ,no sooner than July 202017,
and will end on the later of: a) 30 and 21 days, respectively, after that; or b) 30 and 21 days, respectively,
after completion of the latest of the three (3) above-referenced dates. All comments and meeting requests
should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Project No.: 20086-16-060/Former Chadboum Mill (July 13, 2017 Approval to PC)
1
SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Site Name: Former Chadbourn Mill Property
Brownfields Project Number: 20086-16-060
Pursuant to NCGS § 130A-310.34, Faison-Chadbourn Mill, LLC, as Prospective
Developer, has filed with the North Carolina Department of Environmental Quality ("DEQ") a
Notice of Intent to Redevelop a Brownfields Property ("Property") in Charlotte, Mecklenburg
County, North Carolina. The Brownfields Property, which is the former site of the Chadbourn
Mill, consists of approximately 5.75 acres and is located at 451 Jordan Place and 2625 North
Davidson Street. Environmental contamination exists on the Brownfields Property in groundwater,
soil, sub-slab soil gas, and soil vapor. Faison-Chadbourn Mill, LLC has committed itself to
redevelopment plans which include high density residential, retail, office, hotel, warehousing,
recreational, open space, parking, restaurant, brewery or food production facility, and, subject to
DEQ's prior written approval, other commercial uses on the Brownfields Property. The Notice of
Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement
between DEQ and Faison-Chadbourn Mill, LLC, which in turn includes (a) a map showing the
location of the Property, (b) a description of the contaminants involved and their concentrations in
the media of the 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 the
Charlotte-Mecklenburg Library, 310 N. Tryon Street, Charlotte, NC 28202 by contacting Hannah
Cox at hcox egernlibrary.org, or by phone at [phone]; or at the offices of the N.C.
Brownfields Program, 217 West Jones Street, Raleigh, NC or by contacting Shirley Liggins at that
address, at shirley.liggins egricdenr.gov, or at [phone].
Written public comments may be submitted to DEQ within 30 days after the latest of the
following dates: 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 requests for a public meeting may be submitted to DEQ within 21 days after the
period for written public comments begins. Those periods will start no sooner than July 20, 2017
and will end on the later of: a) 30 and 21 days, respectively, after that; or b) 30 and 21 days,
respectively, after completion of the latest of the three (3) above-referenced dates. All public
comments and public meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Project Nu her 20086-16-060/Former Chadbourn Mill (July 13, 2017 Approval to PC)
Property Owner: Faison-Chadbourn Mill, LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Site Name: Former Chadbourn Mill Property '
Brownfields Project Number: 20086-16-060
This documentary component of a Notice of Brownfields Property ("Notice"), as well as the
plat component, have been filed this day of , 2017 by Faison-Chadbourn
Mill, 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 451 Jordan Place (Parcel Identification Number 08306707)
and 2625 North Davidson Street (Parcel Identification Number 08306701) in Charlotte, Mecklenburg
County, North Carolina. The Brownfields Property is approximately 5.75 acres and it contains a building
Project Number 20086-16-060 / Former Chadboum Mill (July 13, 2017 Approval to PC)
1
formerly occupied by a hosiery mill facility with a free-standing building that was occupied by a boiler.
The Prospective Developer intends to redevelop the Brownfields Property for high density residential,
retail, office, hotel, warehousing, recreational, open space, parking, restaurant, brewery or food
production facility, and, subject to DEQ's prior written approval, other commercial uses. The
Brownfields Property is surrounded by land in commercial, industrial, and residential use. Groundwater,
soil, sub-slab soil gas, and soil vapor are contaminated at the Brownfields Property due to historical
activities.
The Brownfields Agreement between Prospective Developer and DEQ is attached hereto as
Exhibit A. It 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, and is required by NCGS § 130A-310.32. The
Brownfields Agreement's Exhibit 2 consists of one or more data tables reflecting the concentrations
of and other information regarding the Property's regulated substances and contaminants.
Attached as Exhibit B to this Notice is a reduction, to 8 1/2" x 11", 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:
The location and dimensions of the areas of potential environmental concern with respect to
permanently surveyed benchmarks.
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 Brownfield's Property that would be
sufficient as a description of the property in an instrument of conveyance.
LAND USE RESTRICTIONS
NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the current and
future use of the Brownfields Property that are necessary or useful to maintain the level of protection
appropriate for the designated current or future use of the Brownfields Property and that are designated in
the Brownfields Agreement. The restrictions shall remain in force in perpetuity unless canceled by the
Secretary of DEQ (or its successor in function), or his/her designee, after the hazards have been
eliminated, pursuant to NCGS § 130A-310.35(e). All references to DEQ shall be understood to include
any successor in function. The restrictions are hereby imposed on the Brownfields Property, and are
as follows:
1. No use may be made of the Brownfields Property other than for high density residential,
retail, office, hotel, warehousing, recreational, open space, parking, restaurant, brewery or food
production facility, and, subject to DEQ's prior written approval, other, commercial uses. For
purposes of this restriction, the following definitions apply:
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"High Density Residential" defined as permanent dwellings where residential units
are attached to each other with common walls, such as condominia, apartments, group homes,
dormitories or boarding houses, and any property outside the dwelling structures is usable by all
residents and not privately owned as part of a particular unit, and shall include related amenities,
such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages;
"Retail" defined as the sale of goods or services, products, or merchandise
directly to the consumer or businesses and includes showrooms, personal service, and the sales of
food and beverage products;
"Office" defined as the provision of business or professional services.
"Hotel" 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;
"Warehousing" 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 group of
establishments in a particular type of industry or commercial activity;
"Recreation" 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.
"Open Space" defined as land maintained in a natural or landscaped state and
used for natural resource protection, buffers, greenways, detention facilities for stormwater.
"Parking" defined as the temporary accommodation of motor vehicles in an area
designed for same; and
"Commercial" defined as an enterprise carried on for profit or nonprofit by the
owner, lessee or licensee
"Restaurant" defined as a commercial business establishment that prepares and
serves food and beverages to patrons.
"Brewery or Food Production Facility" defined as an establishment for the
manufacture, sale and distribution of beverages or food products, including without limitation beer
and ale, together with associated public roadways and related infrastructure.
2. The Property may not be used for child care, adult care centers or schools without the
prior written approval of DEQ.
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3. Physical redevelopment of the Brownfields Property may not occur other than in accord,
as determined by DEQ, with an Environmental Management Plan ("EM?') 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:
a, soil and water management issues, including without limitation those resulting
from contamination identified in the Environmental Reports;
issues related to potential sources of contamination referenced in Exhibit 2 of the
attached Exhibit A; and
contingency plans for addressing newly discovered potential sources of
environmental contamination (e.g., tanks, drums, septic drain fields, oil-water separators, soil
contamination); and
plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment.
4. By January 31 of each year after the completion of the Brownfields 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:
actions taken on the Brownfields Property in accordance with the plan required by
Land Use Restriction No. 3 above;
soil grading and cut and fill actions;
methodology(ies) employed for field screening, sampling and laboratory analysis of
environmental media;
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
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).
5. Groundwater at the Brownfields Property may not be used for any purpose without the
prior written approval of DEQ.
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6. 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 Land Use Restriction No. 3 above.
7. No enclosed building may be constructed on the Brownfields Property and no existing
building, defined as those depicted on the plat component of this Notice, may be occupied until
DEQ determines in writing that:
the building is or would be protective of the building's users, public health and the
environment from risk of vapor intrusion based on site assessment data or a site-specific risk
assessment approved in writing by DEQ; or
the building is or would be sufficiently distant from the Brownfields Property's
groundwater and/or soil contamination based on assessment data approved in writing by DEQ that
the building's users, public health and the environment will be protected from risk from vapor
intrusion related to said contamination; or
vapor mitigation measures are installed or implemented to the satisfaction of a
professional engineer licensed in North Carolina, as evidenced by said engineer's professional seal
on a report that includes photographs and a description of the installation and performance of said
measures. Any design specification for vapor intrusion mitigation measures shall be approved in
writing by DEQ in advance of installation and/or implementation of said measures. The design
specifications shall include methodology(ies) for demonstrating performance of said measures.
8. None of the contaminants known to be present in the environmental media at the
Brownfields Property, as described in Exhibit 2 of the attached Exhibit A 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
in de minimis amounts for cleaning and other routine housekeeping and
maintenance activities;
as fuel or other fluids customarily used in vehicles, landscaping equipment, and
emergency generators;
as constituents of products and materials customarily used and stored in
residential, office, retail, restaurant, brewery or food production facility, and hotel environments,
provided such products and materials are stored in original retail packaging and used and disposed
of in accordance with applicable laws; and
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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The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged 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.
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.
No 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 of the Brownfields Property that is not covered by building foundations,
sidewalks, or asphaltic or concrete parking areas and driveways unless otherwise approved in
writing by DEQ in advance.
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
XV (Notices and Submissions) of the attached Exhibit A, though financial figures 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 conveying an interest may
use the following mechanisms to comply with the obligations of this paragraph: (i) If every lease
and 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 paragraph, in lieu of sending copies of actual,
executed leases, to the persons listed in Section XV (Notice and Submissions) of the attached Exhibit
A; 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 XV of the attached Exhibit A.
During January of each year after the year in which this Notice is recorded, the owner of
any part of the Brownfields Property as of January 1" 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, and stating:
the name, mailing address, telephone and facsimile number's, and contact person's
e-mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year;
the transferee's name, mailing address, telephone and facsimile numbers, and
contact person's e-mail address, if said owner transferred any part of the Brownfields Property
during the previous calendar year; and
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whether any vapor barrier and/or mitigation systems installed pursuant to Land
Use Restriction No. 7 above are performing as designed, and whether the uses of the ground floors
of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so,
how.
a joint LURU may be submitted for multiple owners by a duly constituted board
or association and shall include the name, mailing address, telephone and facsimile numbers, and
contact person's e-mail address of the entity submitting the joint LURU as well as for each of the
owners on whose behalf the joint LURU is submitted.
LURU's submitted for any portion of the Brownfields Property that contains
rental units shall include a list of tenants and their addresses.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ
official referenced in paragraph 35.a. of Exhibit A hereto, at the address stated therein.
ENFORCEMENT
The above land use restrictions shall be enforceable without regard to lack of privity of estate or
contract, lack of benefit to particular land, or lack of any property interest in particular land. The land use
restrictions shall be enforced by any owner of the Brownfields Property. The land use restrictions may also
be enforced by DEQ through the remedies provided in NCGS § 130A, Article 1, Part 2 or by means of a
civil action; by any unit of local government having jurisdiction over any part of the Brownfields Property;
and by any person eligible for liability protection under the Brownfields Property Reuse Act who will lose
liability protection if the restrictions are violated. Any attempt to cancel any or all of this Notice without
the approval of the Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to
enforcement by DEQ to the full extent of the law. Failure by any party required or authorized to enforce
any of the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the
same violation or as to one occurring prior or subsequent thereto.
FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Brownfields Property is sold, leased, conveyed or transferred, pursuant to
NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the description section, in
no smaller type than that used in the body of the deed or instrument, a statement that the Brownfields
Property has been classified and, if appropriate, cleaned up as a brownfields property under the Brownfields
Property Reuse Act.
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IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly executed
this day of ,2017.
Faison-Chadboum Mill, LLC
By:
Name typed or printed: Chris M. Poplin
Title typed or printed: Vice President
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
Notary's printed or typed name, Notary Public
(Official Seal) my commission expires:
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By:
************************************
APPROVAL AND CERTIFICATION OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
The foregoing Notice of Brownfields, Property is hereby approved and ceitified.
North Carolina Department of Environmental Quality
Michael E. Scott Date
Director, Division of Waste Management
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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MA! ER OF: Faison-Chadbourn Mill, LLC
UNDER THE AUTHORITY OF THE
BRO'WNFIELDS PROPERTY REUSE ACT
OF 1997, NCGS § 130A-310.30, et seq.
Brownfields Project # 20086-16-060
)
)
)
)
)
BROWNFIELDS AGREEMENT re:
Former Chadboarn Mill Property
451 Jordan Place and 2625
North Davidson Street,
Charlotte, Mecklenburg County, NC
I. INTRODUCTION
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and Faison-Chadbourn Mill, 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 451 Jordan Place (Parcel Identification Number
08306707) and 2625 North Davidson Street (Parcel Identification Number 08306701) in
Charlotte, North Carolina (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.
Faison-Chadbourn Mill, LLC is a North Carolina Limited Liability Company that was
formed on December 4,2015. Its registered agent is Susan B Clontz and is located at 121 W.
Trade Street, 28th Floor in Charlotte, North Carolina 28202. The Brownfields Property is
approximately 5.75 acres and it contains a building formerly occupied by a hosiery mill facility
with a free-standing building that was occupied by a boiler. Faison-Chadbourn Mill, LLC
intends to redevelop the Brownfields Property for high density residential, retail, office, hotel,
warehousing, recreational, open space, parking, restaurant, brewery or food production facility,
and, subject to DEQ's prior written approval, other commercial uses. The Brownfields Property
Project No. 20086-16-060/ Former Chadboum Mill (July 13,2017 Approval to PC)
is surrounded by land in commercial, industrial, and residential use. Groundwater, soil, sub-slab
soil gas, and soil vapor are contaminated at the Brownfields Property due to historical activities.
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 VIII (Certification), Section LX (DEQ's Covenant Not to Sue
and Reservation of Rights) and Section X (Prospective Developer's Covenant Not to Sue), the
potential liability of Faison-Chadbourn Mill, LLC for contaminants at the Brownfields Property.
The Parties agree that Faison-Chadboum Mill, LLC's entry into this Agreement, and the
actions undertaken by Faison-Chadboum Mill, LLC in accordance with the Agreement, do not
constitute an admission of any liability by Faison-Chadboum Mill, LLC for 'contaminants at the
Brownfields Property. The resolution of this potential liability, in exchange for the benefit
Faison-Chadbourn Mill, 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.
"Brownfields Property" shall mean the property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
"Prospective Developer" shall mean Faison-Chadboum Mill, LLC.
III. STATEMENT OF FACTS
The Brownfields Property comprises approximately 5.75 acres. Prospective
Developer has committed itself to redevelopment for no uses other than high density residential,
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retail, office, hotel, warehousing, recreational, open space, parking, restaurant, brewery or food
production facility, and, subject to DEQ's prior written approval, other commercial uses.
The Brownfields Property is bordered to the north by Charles Avenue beyond which is
residential use, to the south by Jordan Place with land used for commercial, industrial and
residential uses, to the east by N. Davidson Street and a Neese Sausage facility, and to the west
by N. Brevard Street with a Duke Power sub-station beyond.
Prospective Developer obtained or commissioned the following reports, referred to
hereinafter as the "Environmental Reports," regarding the Brownfields Property:
Title Prepared by Date of Report
Supplemental Soil Assessment Activities, Chadboum Mill,
451 Jordan Place & 2625 N. Davidson Street
Hart & ilicicman May 9, 2017
Brovinfields Assessment Report, Chadboum Mill, 451
Jordan Place & 2625 N. Davidson Street
Hart & Hi cicman • February 17,2017
Phase I and II Environmental Site Assessment Report,
Former Chadboum Mill, 451 Jordan Place
Hart & Hickman November 9, 2016
Limited Site Investigation Report, Chadboum Mill, 451
Jordan Place
Terracon Consultants, Inc. September 7, 2016
Phase I Environmental Site Assessment, Wellmon —751
Jordan Place, Charlotte, NC
Summit Engineering arid
Construction Services, Inc.
September 1, 2015
Phase I Environmental Site Assessment, UCI, LLC
Property — 2625 N. Davidson Street, Charlotte, NC
Danner Enterprises, LLC t/a
Salem Environmental
March 31, 2015
14mited Soil Sampling and Analysis —2625 N. Davidson
Street, Charlotte, NC
Boyle Consulting Engineers December 30, 2014
For purposes of this Agreement, DEQ relies on the following representations by
Prospective Developer as to use and ownership of the Brownfields Property:
a. North-central portions of the Brownfields Property were developed with
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residences as early as 1929. By 1938, a portion of the existing mill building was present along
N. Brevard Street. Several additions to the mill building including a dye house, machine shop,
free-standing boiler building, and smokestack were constructed in the 1940s. A warehouse
addition on the northeastern portion of the mill building was completed in the 1960s.
b. The current building on the Brownfields Property was initially occupied by
Rufus D. Wilson, Inc. and operated as a hosiery mill from the mid to late 1930s until the mid-
1940s. In the mid-1940s, the Rufus D. Wilson company acquired Larkwood Silk Hosiery Mills,
Inc. and changed the name of the mill to Chadbourn Hosiery Mill, Inc. In the mid-1950s,
Chadbourn Mill acquired Gotham Hosiery mill and changed its name to Chadbourn-Gotham
Mill, Inc. Chadbourn-Gotham Mill continued hosiery manufacturing operations at the Site until
the mid to late 1970s. Since that time, the mill building was used for warehouse space and
storage. Opera Carolina utilized portions of the building for a short time for storage in the
2010s. The mill building is currently unoccupied.
Residences and mill administrative offices were present in the north-central and
northeastern portions of the Brownfields Property from the 1930s until the mid to late 1970s. By
the 1980s, structures in north-central and northeastern portions of the Brownfields Property had
been removed. The eastern and southeastern portions of the Brownfields Property were
developed with residences from the late 1930s to the early 1980s when the residences were
removed. The open parcel in the northeastern portion of the Brownfields Property was most
recently utilized by a construction contractor for storage of equipment and materials. The
eastern portion of the Brownfields Property is currently vacant undeveloped land.
The 2625 N. Davidson Street parcel consists of an approximate 0.70 acre
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vacant, undeveloped, gravel-covered lot enclosed by a chain link fence. The previous tenant
James Streeter Trucking (JST) utilized this portion of the Site for staging equipment, fleet trucks,
and construction materials. Reportedly, overfilling from a diesel fuel dispensing system during
fueling activities resulted in spills to the ground surface that impacted soil in a limited area near
the AST fueling system. A December 8, 2014 email from the Charlotte-Mecklenburg Storm
Water Services, Water Quality Program indicates that a Notice of Violation of Charlotte's
stormwater ordnance was issued to JST in connection with this release. Information provided in
the email suggests that excavation activities to remove stained and impacted soil were conducted,
and the excavated soil was transported off-site for disposal. Upon completion of remedial action
activities, the Mecklenburg County Water Quality Program closed the incident. On December
17, 2014, limited soil assessment activities were conducted after completion of the excavation
activities to evaluate the potential that impacted soil was still present. Laboratory analytical
results indicated that Total Petroleum Hydrocarbons —Diesel Range Organics (TPH-DRO) was
detected at a concentration of 480 mg/kg in the soil sample collected near the former AST
fueling system (SS-5).
e. Additional soil assessment activities were conducted on April 6, 2017 to
evaluate potential petroleum contamination around sample location 55-5. Soil samples were
screened in the field for volatile organic compounds (VOCs) using a flame ionization detector
(FID) and no obvious impacts were observed. One shallow soil sample was collected near SS-5
and submitted for analysis of semi-volatile organic compounds (SVOCs) (EPA Method 8270D)
and VOCs (EPA Method 8260B). No constituents were detected above residential screening
levels.
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f. The Prospective Developer purchased the Brownfields Property on December
16, 2015. The 451 Jordan Place parcel containing the mill building was purchased from
Wellmon Family, LP, and the smaller vacant 2625 N. Davidson Street parcel was purchased
from 2625 N. Davidson, LLC.
Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following: In August, September, and October 2016, soil,
groundwater, soil vapor, sub-slab vapor, and indoor air assessment activities. were conducted at
the Brownfields Property to evaluate the potential for impacts with historic mill operations.
Contaminants detected in groundwater above NC 2L Standards include trichloroethene,
bromodichloromethane and manganese. Soil contaminants detected above residential screening
levels include arsenic, manganese, and thallium. Sub-slab soil vapor and vapor contaminants
exceeding residential screening levels include several VOCs. Indoor air residential screening
levels were exceeded by naphthalene. Sampling results that exceed their respective standard
and/or screening levels are summarized in Exhibit 2 to this Agreement.
The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred in April 2017. The tables set forth in Exhibit 2 to this
Agreement present contaminants present at the Brownfields Property above applicable standards
or screening levels for each media sampled.
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 purchasing the Brownfields Property in December 2015, obtaining or
commissioning the Environmental Reports, and preparing and submitting to DEQ a Brownfields
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Property Application dated November 21, 2016, and the following:
On February 15, 2017, the Prospective Developer began abatement activities to
remove asbestos-containing materials from existing mill structures at the Brownfields Property;
and
On March 9,2.017, the Prospective Developer began demolition activities on
portions of the mill building that are not part of the redevelopment plan.
10. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
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);
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;
Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
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
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e. Prospective Developer has complied with all applicable procedural
requirements.
11. The parties agree that a $30,000 "Redevelopment Now" fee Prospective
Developer has paid suffices as the $2,000 fee to seek a brownfields agreement required by
NCGS § 130A-310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full
cost to DEQ and the North Carolina Depaltinent 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.
IV. BENEFIT TO COMMUNITY
12. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
an increase in the Brownfields Property's productivity;
a spur to additional community investment and redevelopment;
the creation of jobs;
an increase in tax revenue for affected jurisdictions;
additional residential space for the area;
"smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe ("greenfields"); and
expanded use of CATS' public transportation which can reduce traffic,
improve air quality, and reduce our carbon footprint.
V. WORK TO BE PERFORMED
13. In redeveloping the Brownfields Property, Prospective Developer shall make
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reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
which may include the nine (9) areas incorporated into the U.S. Green Building Council
Leadership in Energy and Environmental Design certification program (Sustainable Sites, Water
Efficiency, Energy & Atmosphere, Materials & Resources, Indoor Environmental Quality,
Locations & Linkages, Awareness & Education, Innovation in Design and Regional Priority), or
a similar program.
Based on the information in the Environmental Reports, and subject to imposition of
and compliance with the land use restrictions set forth below, and subject to Section DC 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") required by this Section.
By way of the Notice of Brownfields Property referenced below in paragraph 20,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.
a. No use may be made of the Brownfields Property other than for high density
residential, retail, office, hotel, warehousing, recreational, open space, parking, restaurant,
brewery or food production facility, and, subject to DEQ's prior written approval, other
commercial uses. For purposes of this restriction, the following definitions apply:
i. "High Density Residential" defined as permanent dwellings where
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residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit, and shall include
related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and
parking garages;
"Retail" defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and beverage products;
"Office" defined as the provision of business or piofessional services.
"Hotel" 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;
"Warehousing" defined as the use of a commercialtuilding 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
group of establishments in a particular type of industry or commercial activity;
"Recreation" 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.
"Open Space" defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, detention facilities for
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stormwater.
"Parking" defined as the temporary accommodation of motor vehicles
in an area designed for same; and
"Commercial" defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee
"Restaurant" defined as a commercial business establishment that
prepares and serves food and beverages to patrons.
"Brewery or Food Production Facility" defined as an establishment for
the manufacture, sale and distribution of beverages or food products, including without limitation
beer and ale, together with associated public roadways and related infrastrudture.
The Property may not be used for child care, adult care centers or schools
without the prior written approval of DEQ.
Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an 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:
soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
issues related to potential solutes of contamination referenced in
Project No. 20086-16-060 / Former Chadboum Mill (July 13.2017 Approval to PC)
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Exhibit 2 to this Agreement; and
iii. contingency plans for addressing newly discovered potential sources of
environmental contamination (e.g., tanks, drums, septic drain fields, oil-water separators, soil
contamination); and
iv. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment.
d. By January 31 of each year after the completion 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:
actions taken on the Brownfields Property in accordance with the plan
required by subparagraph 15.c above;
soil grading and cut and fill actions;
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).
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e. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ.
I 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 Paragraph 15.c.
g. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 20 below, may be occupied until DEQ determines in writing
that:
the building is or would be protective of the building's users, public
health and the environment from risk of vapor intrusion based on site assessment data or a site-
specific risk assessment approved in writing by DEQ; or
the building is or would be sufficiently distant from the Brownfields
Property's groundwater and/or soil contamination based on assessment data approved in writing
by DEQ that the building's users, public health and the environment will be protected from risk
from vapor intrusion related to said contamination; or
vapor mitigation measures are installed or implemented to the
satisfaction of a professional engineer licensed in North Carolina, as evidenced by said
engineer's professional seal on a report that includes photographs and a description of the
installation and performance of said measures. Any design specification for vapor intrusion
mitigation measures shall be approved in writing by DEQ in advance of installation and/or
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implementation of said measures. The design specifications shall include methodology(ies) for
demonstrating performance of said measures.
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 amounts for cleaning and other routine housekeeping
and maintenance activities;
as fuel or other fluids customarily used in vehicles, landscaping
equipment, and emergency generators;
as constituents of products and materials customarily used and
stored in residential, office, retail, restaurant, brewery or food production facility, and
hotel environments, provided such products and materials are storedin original retail
packaging and used and disposed of in accordance with applicable laws; 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.
The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged 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.
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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.
No 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 of the Brownfields Property that is not covered by
building foundations, sidewalks, or asphaltic or concrete parking areas and driveways unless
otherwise approved in writing by DEQ in advance.
I. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: "This property is subject to the Brownfiefds 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 XV (Notices and Submissions), though financial figures 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 conveying an
interest may use the following mechanisms to comply with the obligations of this paragraph: (i)
If every lease and 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 paragraph, in lieu of sending
copies of actual, executed leases, to the persons listed in Section XV (Notice and Submissions);
or (ii) The owner conveying an interest may provide abstracts of leases, rather than full copies of
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said leases, to the persons listed in Section XV.
m. During January of each year after the year in which the Notice referenced
below in paragraph 20 is recorded, the owner of any part of the Brownfields Property as of
January l of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of Mecklenburg County,
certifying that, as of said January 1, 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, and stating:
i. the name, mailing address, telephone and facsimile numbers, and
contact person's e-mail address of the owner submitting the LURU if said owner acquired any
part of the Brownfields Property during the previous calendar year;
the transferee's name, mailing address, telephone and facsimile
numbers, and contact person's e-mail address, if said owner transferred any 'part of the
Brownfields Property during the previous calendar year; and
whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 15.g. above are performing as designed, and whether the uses of the ground
floors of any buildings containing such vapor barrier and/or mitigation systeins have changed,
and, if so, how.
A joint LURU may be submitted for multiple owners by a duly
constituted board or association and shall include the name, mailing address, telephone and
facsimile numbers, and contact person's e-mail address of the entity submitting the joint LURU
as well as for each of the owners on whose behalf the joint LURU is submitted.
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v. LURU's submitted for any portion of the Brownfields Property that
contains rental units shall include a list of tenants and their addresses.
The desired result of the above-referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in the Agreement while fully protecting
public health and the environment.
The guidelines, including parameters, principles and policies within which the
desired results are to be accomplished are, as to field procedures and laboratory testing, the
Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund Section and Division of
Waste Management Vapor Intrusion Guidance, as embodied in their most current version.
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.
VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
In addition to providing access to the Brownfields Property pursuant to subparagraph
15.j. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at 'all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
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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.
DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property for the Brownfields Property containing, inter alia, the land use restrictions set forth in
Section V (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 of Brownfields Property 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.
This Agreement shall be attached as Exhibit A to the Notice of Brownfields
Property. Subsequent to recordation of said Notice, any deed or other instrument conveying an
interest in the Brownfields Property shall contain the following notice: "The property which is
the subject of this instrument is subject to the Brownfields Agreement attaclied 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
Project No. 20086-16-060 /Former Chadboum Mill (July 13, 2017 Approval to PC)
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XV (Notices and Submissions), though fmancial figures related to the conveyance may be
redacted to the extent said redactions comply with the confidentiality and trade secret provisions
of North Carolina Public Records Law. Prospective Developer may use the following
mechanisms to comply with the obligations of this paragraph: 1) If every lease and 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 XV (Notice and Submissions); or (ii) Prospective Developer may
provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section
XV.
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.
VII. DUE CARE/COOPERATION
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
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, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, orminimize such
release or threat of release, and shall, comply with any applicable notification requirements
Project No. 20086-16-060 / Former Chadboum Mill (July 13,2017 Approval to PC)
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under NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 U.S.C. § 9603, and/or
any other law, immediately notify the DEQ Official referenced in paragraph 35.a below of any
such required notification.
VIII. CERTIFICATION
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 November 21,2016 by which it applied for this
Agreement, as modified herein. That use is high density residential, retail, office, hotel,
warehousing, recreational, open space, parking, restaurant, brewery or food production facility,
and, subject to DEQ's prior written approval, other commercial uses. 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.
DC. DEQ'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
The Prospective Developer fails to comply with this Agreement.
The activities conducted on the Brownfields Property by or under the control
Project No. 20086-16-060 / Former Chadboum Mill (July 13,2017 Approval to PC)
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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.
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.
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.
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
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.
The level of risk to public health or the environment from contaminants is
Project No. 20086-16-060 / Former Chadboum Mill (July 13, 2017 Approval to PC)
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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.
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.
The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
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.
Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 25 through 27 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
X. PROSPECTIVE DEVELOPERS COVENANT NOT TO SUE
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In consideration of DEQ's Covenant Not To Sue in Section IX 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.
XI. PARTIES BOUND
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.
XII. DISCLAIMER
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.
Except for the Land Use Restrictions set forth in paragraph 15.a.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 of obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XIII. DOCUMENT REI ENTION
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33. 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 reviewed 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. 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 businesgs information.
XIV. PAYMENT OF ENFORCEMENT COSTS
If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section V (Work to be Performed), it shall be
liable for all litigation and other enforcement costs incurred by DEQ to enfoice this Agreement
or otherwise obtain compliance.
XV. NOTICES AND SUBMISSIONS
Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information, all notices and submissions pursuant to this Agreement shall be
sent by prepaid first class U.S. mail, as follows:
a. for DEQ:
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Bill Schmithorst (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:
Kris Fetter (or successor in function)
Faison-Chadbourn Mill, LLC
121 W. Trade Street, Suite 2800
Charlotte, NC 28202
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.
XVI. EFFECTIVE DATE
This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ., DEQ's approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in N.C.G.S. 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 invalidate its signature on this Agreement.
XVII. TERMINATION OF CERTAIN PROVNIONS
If any Party believes that any or all of the obligations under Section VI
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
Project No. 20086-16-060 / Former Chadboum Mill (July 13,2017 Approval to PC)
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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).
XVIII. CONTRIBUTION PRO lECTION
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.
The Prospective Developer agrees that, with respect to any, suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
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.
XIX. PUBLIC COMMENT
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 occur: 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
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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 E. Scott Date
Director, Division of Waste Management
IT IS SO AGREED:
Faison-Chadboum Mill, LLC
By:
Vice President Date
Chris M. Poplin
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0
APPROXIMATE
TITLE
2000 4000 SITE LOCATION MAP
FORMER CHADBOURN MILL
451 JORDAN PLACE
CHARLOTTE, NORTH CAROLINA
SCALE IN FEET PROJECT
U.S.G.S. QUADRANGLE MAP
CHARLOTTE EAST, NORTH CAROLINA 1991
hart 'Nu hick man 2923 South Tryon SR.Eut-Suitu 100
Pe- • Charlotte, North Caroliau 28203
704-586-0007 (p) 704-506-0373 (0
SMARTER ENVIRONMENTAL SOLUTIONS
DATE: 10-19-16 REVISION NO: 0
JOB NO: FAI-028 FIGURE: Exhibit 1
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)
Exhibit 2
The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred in January 2017. The following tables set forth, for
contaminants present at the Brownfields Property above unrestricted use standards or screening
levels, the concentration found at each sample location, and the applicable standard or screening
level. Screening levels and applicable 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 1,2013 version):
Groundwater
Contaminant
Sample
Location Exceeding Date of
Sampling
Concentration
Standard
1 004
Standard
0.tg/L)
Bromodichloromethane TMW-1 9/30/2016 0.80 0.6
Bromodichloromethane TMW-3 9/30/2016 0.96 0.6
Manganese TMW-2 10/3/2016 2,500 50
Manganese TMW-3 9/30/2016 94 50
Trichloroethene TMW-2 10/3/2016 11 , 3
SOW
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
(October 2016 version):
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level'
(mg/kg)
Residential
Screening
Level2 (mg/kg)
Arsenic SB-2 8-10 9/30/2016 0.69 0.68
Arsenic SB-3 2-4 9/29/2016 2.9 0.68
Arsenic SB-4 7-9 9/30/2016 0.97 0.68
Arsenic BKG-1 3-3.5 9/29/2016 2.0 0.68
Arsenic BKG-2 3-3.5 9/29/2016 1.2 0.68
Manganese SB-1 5-7 9/29/2016 1,600 360
Manganese SB-2 8-10 9/30/2016 2,800 360
Manganese SB-4 7-9 9/30/2016 1,300 360
Project No. 20086-16-060 / Former Chadboum Mill (July 13, 2017 Approve to PC)
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Conceutration
Exceeding
Screening
Lever
(mg/kg)
Residential
Screening
Level2 (mg/kg)
Manganese SB-5 1-3 9/30/2016 1,400 360
Manganese. SB-6 2-4 1/27/2017 1,000 360
Manganese BKG-1 3-3.5 9/29/2016 590 360
Manganese BKG-2 3-3.5 9/29/2016 370 360
Thallium SB-2 8-10 9/30/2016 0.63 0.156
Thallium BKG-1 3-3.5 9/29/2016 0.16 0.156
Thallium BKG-2 3-3.5 9/29/2016 0.23 0.156
Total Petroleum
Hydrocarbons (Diesel)
SS-5 1-2 12/17/2014 480 1003
Concentrations of arsenic, manganese, and thallium detected in soil samples collectedat the Browntields Property
may be naturally occurring.
2 Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed
for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
3. 100 mg/kg is the DEQ.UST Section action level for TPH DRO. An additional soil sample (SS-2A) was collected
from the general location of 55-5 on April 6,2017 and analyzed by EPA Method 8270D. There were no detections of
SVOCs above screening levels.
SUB-SLAB SOIL VAPOR
Sub-slab vapor contaminants in micrograms per cubic meter, the screening levels for which
are derived from the Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (October 2016 version):
Sub-slab Soil Vapor
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening Level
(µg/m3)
Residential
Screening Levell
(µg/m3)
Trichloroethylene SV-01 8/10/2016 9,100 13.9
Trichloroethylene SV-01 9/28/2016 ' 2,500 13.9
1,4-Dichlorobenzene SV-03 9/28/2016 170 85.1
Naphthalene SV-02 9/28/2016 34 20.9
Naphthalene SV-03 9/28/2016 6,000 20.9
'Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed tbr
potential carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
Project No. 20086-16-060 / Former Chadbourn Mill (July 13, 2017 Approval to PC)
2
SOIL VAPOR
Soil vapor contaminants in micrograms per cubic meter, the screening levels for which
are derived from the Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (October 2016 version):
Soil Vapor
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening Level
(tig/m3)
Residential
Screening Level'
(µg/m3)
Benzene VMP-1 9/30/2016 1,900 120
Chloroform VMP-1 9/30/2016 270 40.7
Ethylbenzene VMP-1 9/30/2016 390 . 374
Hexane VMP-I 9/30/2016 12,000 4,870
Naphthalene VMP-1 9/30/2016 200 20.9
Tetrachloroethene VMP-1 9/30/2016 400 278
Trichloroethylene VMP-1 9/30/2016 230 13.9
1,2,4-Trimethylbenzene VMP-1 9/30/2016 230 48.7
Xylene, m- & p- VMP-1 9/30/2016 1,200 695
'Screening levels displayed for non-carcinogens are for a hantrd quotient equal to 0.2. Screening levels displayed for
potential carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
INDOOR AIR
Indoor air contaminant screening levels in micrograms per cubic meter, the screening levels
for which are derived from the Residential Vapor Intrusion Screening Levels of the Division of
Waste Management (October 2016 version):
Indoor Air
Contaminant
Sample
Location
Date of
Sampling
Residential
Screening Level'
(µg/m3)
Concentration
Exceeding
Screening Level
(µg/m3)
Naphthalene JAS-3 1/27/2017 3.0 0.626
'Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for
potential carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
Project No. 20086-16-060 / Former Chadbourn MIII (July 13, 2017 Approval to PC)
3
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EXHIBIT C
Legal Description
Being that certain parcel of land lying and being in the City of Charlotte, Mecklenburg County, North
Carolina, and being more particularly described as the follows:
BEGINNING at a new 1/2" iron rod situated at the intersection of the southeasterly margin of the right of
way of North Brevard Street (a variable width public r/w), and the southwesterly margin of the right of
way of Charles Avenue (a 45' public r/w); thence with the southwesterly margin of the right of way of
Charles Avenue South 75-56-14 East a distance of 430.56 feet to an existing nail; said point being the
northerly most corner of Theron M. Ross & Christina M. Welsh property as described in Deed Book
22680, Page 668 of the Mecklenburg County Public Registry; thence with Theron M. Ross & Christina
M. Welsh property, three (3) courses and distances as follows: 1) South 14-15-10 West a distance of
99.62 feet to an existing nail; 2) South 57-11-11 East a distance of 157.95 feet to an existing iron rod; 3)
North 14-13-16 East a distance of 149.37 feet to a new iron rod situated on southwesterly margin of the
right of way of Charles Avenue; thence with Charles Avenue, South 76-21-11 East a distance of 30.80
feet to an existing concrete monument situated on the southwesterly margin of the right of way of
Matheson Avenue (a variable width public r/w); thence with Matheson Avenue, three (3) courses and
distances as follows: 1) South 35-02-40 East a distance of 91.86 feet to an existing 'concrete monument; 2)
South 41-04-23 East a distance of 121.30 feet to an existing concrete monument; 3) South 75-48-23 East
a distance of 41.60 feet to a new iron rod situated at the intersection of the southerly margin of Matheson
Avenue and the westerly margin of the right of way of North Davidson Street (a variable width public
r/w); thence with the right of way of North Davidson Street and continuing along the right of way of
Jordan Place (a variable width public r/w), twelve (12) courses and distances as follows: 1) with the arc of
a circular curve turning to the right having a radius of 424.50 feet, an arc length of 61.52 feet (chord:
South 23-09-14 West, 61.46 feet) to a new iron rod; 2) South 33-44-45 West a distance of 5.24 feet to a
new iron rod; 3) South 33-25-00 West a distance of 5.23 feet to a new iron rod; 4) with the arc of a
circular curve turning to the right having a radius of 424.50 feet, an arc length of 162.68 feet (chord:
South 37-34-47 West, 161.69 feet) to a new iron rod; 5) with the arc of a circular curve turning to the
right having a radius of 59.50 feet, an arc length of 20.87 feet (chord: South 58-36-20 West, 20.76 feet) to
an existing iron rod; 6) with the arc of a circular curve turning to the right having a radius of 59.50 feet,
an arc length of 19.43 feet (chord: South 78-00-29 West, 19.34 feet) to an existing iron rod; 7) with the
arc of a circular curve turning to the right having a radius of 424.50 feet, an arc length of 33.69 feet
(chord: South 89-56-49 West, 33.69 feet) to an existing iron rod; 8) with the arc of a circular curve
turning to the right having a radius of 424.51 feet, an arc length of 84.49 feet (chord: North 82-05-03
West, 84.35 feet) to an existing iron rod; 9) North 75-49-41 West a distance of 104:52 feet to a new iron
rod: 10) North 75-14-16 West a distance of 191.26 feet to a new iron rod; 11) North 42-29-07 West a
distance of 437.34 feet to a new iron rod; 12) with the arc of a circular curve turning to the right having a
radius of 20.51 feet, an arc length of 23.45 feet (chord: North 00-41-48 East, 22.19 feet) to a new iron rod
situated at the intersection of the northeasterly margin of Jordan Place and the southeasterly margin of
North Brevard Street; thence with North Brevard Street, two (2) courses and distances as follows: 1) with
the arc of a circular curve turning to the right having a radius of 350.50 feet, an arc length of 60.00 feet
(chord: North 38-02-08 East, 59.93 feet) to an existing iron rod; 2) North 47-30-06 Fast a distance of
83.60 feet to the point and place of beginning, containing 250,519 sq. ft. (5.7511 acres), according to a
survey by R. B. Pharr & Associates, PA. Dated August 30, 2017. Job No. 86571
Project Number 20086-16-060/ Former Chadboum Mill (July 13, 2017 Approval to PC)