Signature Request Form

Executive Summary Sheet

FROM: Paul Worley - Rail Division Director

. RE: Raleigh Union Station - Brownfield Application

Please provide a brief, detailed description of what COO Trogdon is being asked to sign. Your description should include background on the issue/concern and any other important detailed information he will need to know before signing.

Please contact Mr. Trogdon's office at 919-707-2800 if you have any questions or concerns.

Begin your Executive Summary here:

The attached document for your signature is a Brownfields Property Application associated with the development of Raleigh Union Station. The application is the first step in the state's Brownfields Program, which culminates in a Brownfields Agreement. The NCDOJ has confirmed that Mr. Trogdon is authorized to execute the application on behalfof NCDOT. The Brownfields Program is administered by NCDENR and is the state's effort to encourage redevelopment of previously contaminated sites (Brownfields Property Reuse Act of 1997 [NCGS BOA31 0.30 et seq.]). Since its inception in 1997, approximately 200 brownfields agreements have been finalized and the program has helped launch over $ J billion ofreal estate investment across our state. NCDOT has previously entered into brownfields agreements. The station development includes the acquisition ofseven (7) properties, which may have some level ofenvironmental impairment. The station is located in Raleigh's Warehouse District - an area used for railroad, warehousing and various other industrial and commercial operations since the late J9th century.

The application process involves no financial commitment at this time. And going forward, NCDOT may for any or no reason withdraw the application and not pursue a Brownfields Agreement. IfNCDOT chooses to finalize a brownfields agreement, a total of$8,000 in fees will be assessed by NCDENR.

The Brownfields Program encourages redevelopment and investment, both public and private, which may not otherwise occur due to environmental liability concerns. Moreover, ifa brownfields agreement is finalized, it will provide important benefits: • Strong liability protection for NCDOT and subsequent owners that could include the City ofRaleigh. • Potential cost savings for the project in excess of$1 million associated with more reasonable environmental cleanup standards provided by a Brownfields Agreement. Brownfields Property Application North Carolina Brownfields Program www.ncbrownfields.org

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

A. PD information:

Entity name North Carolina Department of Transportation Principal Officer Anthony J. Tata, Secretary of Transportation Representative Craig M. Newlon, PE, Facilities Engineer Mailing Address 1553 Mail Service Center Raleigh, NC 27699-1533 E-mail address [email protected] Phone No. 919.707.4731 Fax No. 919-715-6580 Web site http://www.ncdol.gov

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

Name Company Mailing Address

E-Mail Address Phone No. Fax No.

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

(Use for LLCs) Member-managed or manager-managed? Answer: The prospective developer is the North Carolina Department of Transportation (NCDOT), a public sector entity and not a private company. As a result, company-related information for Section C is not provided.

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

Name Ownership (%) Mailing Address

E-Mail Address Phone No. Fax No.

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

Name Ownership (%) Mailing Address

E-Mail Address Phone No. Fax No.

Name Ownership (%) Mailing Address

E-Mail Address Phone No. Fax No.

Name Ownership (%) Mailing Address

E-Mail Address Phone No. Fax No.

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

List all parent companies, subsidiaries and other affiliates:

(Use for Partnerships)

Check one: DGeneral Partnership DLimited Partnership

List all partners and percent of ownership:

Name Ownership (%) Mailing Address

E-Mail Address Phone No. Fax No.

Is this person a general or limited partner?

Name Ownership (%) Mailing Address

E-Mail Address Phone No. Fax No.

Is this person a general or limited partner?

List all parent companies, subsidiaries and other affiliates:

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

Name Mailing Address

E-Mail Address Phone No. Fax No.

List all parent companies, subsidiaries and other affiliates:

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

Name Mailing Address

E-Mail Address Phone No. Fax No.

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

Answer Yes Explanation On June 22, 2012, the City of Raleigh received notice that it was successful in its bid for a grant from the USDOT to fund Raleigh Union Station Phase 1. The City, in partnership with the North Carolina Department of Transportation (NCDOT) and Triangle Transit (TTA), applied for federal funding from the Transportation Investment Generating Economic Recovery (TIGER) grant program in March 2012. The TIGER grant program provides a unique opportunity for the U.S. Department of Transportation to invest in road, rail, transit and port projects that promise to achieve critical national objectives. The

7 TIGER program enables USDOT to use a rigorous process to select projects with exceptional benefits, explore ways to deliver projects faster and save on construction costs, and make investments in our Nation's infrastructure that make communities more livable and sustainable. The Raleigh Union Station Phase I project was one of 47 projects awarded a total of nearly $500 million nationwide. This phase of the project replaces the current Amtrak facility located on Cabarrus Street. For the City of Raleigh, the $21 million award will assist with the costs associated with the first phase of the multimodal transportation center. Phase I of the project includes the construction of a new train station, site improvements, and railroad infrastructure estimated to cost approximately $60 million. The City has pledged a $6 million match for construction of the station, as part of the Transportation Bond passed in October 2011. Additionally, NCDOT has pledged matching funds of $9.25 million. NCDOT has also designated $23 million in FRA funds which it was awarded in 2009 under the American Reinvestment and Recovery Act.

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

Answer Yes Explanation North Carolina has an aggressive Train Station Improvement Program which has overseen the investment of close to $100 million since 1993 in Federal, State, and Local funds. The Program is the responsibility of the NCDOT Rail Division Operations & Facilities Branch. Since 2000, the Program has been overseen by FaCilities Engineer Craig Newlon, PE. The project will draw on extensive project management expertise throughout the NCDOT, including the GeoEnvironmental Section.

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

Answer Yes Explanation NCDOT is staffed with environmental professionals, including licensed geologists and professional engineers, qualified to implement a brownfields agreement. NCDOT also has multiple environmental engineering firms under contract that have investigated and remediated contaminated sites under brownfields agreements.

8 The environmental aspects of the project are currently being managed by Cyrus Parker, LG, PE, GeoEnvironmental Supervisor, Geotechnical Engineering Unit, NCDOT.

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

Answer Yes

(List all NCBP project name(s) and NCBP project 10 numbers where PO or any parent company, subsidiary and other affiliate of PO has been a party to.)

H. Does PD currently own the property?

Answer No

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

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

Research Triangle Regional Public Transportation Authority (TTA) Greg Northcutt, Director of Capital Development [email protected] 919-485-7522 and Deborah Ross, General Counsel [email protected] 919-485-7418 P.O. Box 13787 Research Triangle Park, NC 27709,

CSX CSXT Real Property Inc. Bruce McMahon, Manager - Facility Development Services [email protected] 6737 Southpoint Drive South, J180 Jacksonville FL 32216-6177 904-279-3869

9 Sperry & alto, LLC Arthur Sperry 324 SOUTH HARRINGTON ST. RALEIGH NC 27603

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

Answer The properties have been appraised and owners have been notified of the NCDOT intent to acquire. An Environmental Assessment, prepared in accordance with the National Environmental Policy Act (NEPA), will be completed in early 2013. After a Finding of No Significant Impact (FONSI) is issued by the Federal Railroad Administration (FRA) the property acquisition can proceed.

If yes, provide date of contract.

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

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

N/A - NCDOT has not owned or operated the site.

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

Proposed project name Raleigh Union Station

acreage 4.76+1- street address(es) 510 West Martin Street

city Raleigh County Wake zip 27601

tax ID(s) or PIN(s) 1703486115, 1703485081, 1703475886,1703488076, 1703478969, 1703479712 and 1703479662

10 past use(s) The Raleigh Union Station development site is located on the western margin of Raleigh's central business district in an area commonly referred to as the Warehouse District - an area which has been used for railroad, warehousing and various other industrial and commercial operations since the late 19th century. It is adjacent to but not included in the Depot District, which in 2002 was listed on the National Register of Historic Places, the U.S. federal government's official list of historically significant places deemed worthy of preservation.

current use(s) The 4.76-acre development site, as currently planned now consists of seven (7) separate parcels, as indicated in Table 1 and shown on Figure 1 provided with this application, located on Hargett, Martin and West Streets in the Warehouse District. The current owner of four of the parcels is the Research Triangle Regional Public Transportation Authority (ITA). These include two parcels that are improved with on-site buildings, including the vacant Viaduct Building, and two vacant lots. CSX owns two parcels and the remaining parcel is owned by Sperry & Otto LLC, a private real estate rental company. These three parcels are unimproved.

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

known According to relatively comprehensive site assessment studies completed by URS Corporation (URS) for the Research Triangle Regional Public Transportation Authority (TTA), a number of recognized environmental conditions (RECs) exist in and around the Union Station development site. These include:

• Asbestos containing materials (ACM) and other hazardous substances which may be present in the existing on-site buildings. Creosote railroad ties and residual contamination in ballast along the rail right-of-way. • Groundwater contaminated with low concentrations of chlorinated solvents and other hazardous substances. Urban (artificial) fill and soils that are contaminated with lead, chromium, petroleum constituents and other hazardous substances that may vary from low concentrations to isolated "hot spots· of higher levels of pollution.

The Raleigh ITA-Dillon Parcel C at 510 and 602 West Martin Street, which includes the Viaduct Building, is a listed State Hazardous Waste Site (NCD0001127) due to the presence of hazardous substances in soil and groundwater above regulatory standards. In addition, within a 1/2-mile radius there are approximately 50 other listed environmental incidents, including spills, disposal sites, a former manufactured gas plant, dry cleaners, leaking fuel tanks and other types of releases.

suspected See above

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

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

Agency Name/lD No: State Inactive Hazardous Waste Site (NCD0001127) Agency NamellO No: Agency Name/lD No: Agency NamellD No: Agency Name/lD No: C. In what way's) is the property is abandoned. idled. or underused?

The properties which will be assembled for the Union Station development site are underused. The bUilding which will be heart of the Raleigh Union Station (the Viaduct Building) is currently an abandoned former Dillon Supply warehouse now owned by the TTA. The other on-site building was recently leased to a livery limousine company but is now vacant, and the five remaining parcels are unimproved and vacant.

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

Known and possible contamination at the site is posing a hindrance to redevelopment of the property. The legacy of over 100 years of commercial and industrial operations in the Warehouse District, the large number of environmental incidents in and around the Union Station development site and the potential costly assessment and cleanup associated with the station development could prove to be problematic.

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

As indicated above, there is known and suspected contamination at the Union Station development site. And we are concerned about potential environmental liability -- resolving these matters via a brownfields agreement are critically important to the viability of the site's redevelopment.

The Union Station development is a complicated, difficult undertaking involving multiple stakeholders at the local, state and federal level, which will have input on the project design and which will participate in project funding. Union Station has and will continue to have to compete with hundreds of other compelling mass transit projects across the United States for its ongoing funding. The project must demonstrate that it will have a significant positive impact on our national, regional and local transportation infrastructure and provide extraordinary benefits as an environmentally sustainable transportation investment.

Among other things, a brownfields agreement would allow much more certainty with respect to the financial exposure related to addressing environmental concerns and the potential impacts to project feasibility and timing. In addition, under a brownfields agreement, our standard of care is to make the property suitable for its intended new use while fully protecting public health and the environment, but not necessarily to meet unrestricted use standards. In certain cases, haVing to

12 meet those standards, especially for potential groundwater pollution conditions, might prove to be infeasible, or could have other significant impacts on the project's cost, viability and implementation. Moreover, an important condition of the federal TIGER funding for the station development is compliance with state environmental laws, including those related to recognized environmental pollution conditions. Again, in the absence of a brownfields agreement, much more uncertainty is introduced which could have an adverse impact on the project's implementation.

In summary, a brownfields agreement, largely through the added certainty it would bring with respect to the scope, timing and cost of response and mitigation measures required to address the legacy of environmental contamination issues, greatly adds to the overall likelihood that the Union Station project will be successful.

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

A new passenger train station in downtown Raleigh.

G. Current tax value of brownfields property: $3.82 M

H. Estimated capital investment in redevelopment project: $60.5 M

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

The City of Raleigh and NC Department of Transportation (NCDOT) are proposing to construct a new passenger train station in downtown Raleigh at 510 West Martin Street. The station would replace the existing Amtrak Station on Cabarrus Street, which routinely experiences overcrowding and lacks the adequate platform size to serve the longer trains that access the station. Six additional land parcels will also be purchased for the station development to provide parking and access to the site.

The location and size of the current train station cannot adequately accommodate current ridership or expected growth, nor accommodate a desired downtown multimodal transportation center. NCDOT, the City of Raleigh and the Triangle Transit (TTA) aligned plans, visions, and funding to develop this improved facility. It will accommodate current and future demand for intercity passenger rail, commuter rail, light rail, city bus, regional bus, taxis, bicycles, and other modes of transportation.

13 The project will also help to revitalize an underutilized and environmentally impacted portion of downtown Raleigh. It is also a fundementally important project for Raleigh and our state in its efforts to improve our transportation infrastructure.

Raleigh Union Station will serve as Raleigh's Gateway and offer access to Southeast HighSpeed Rail, Amtrak, Triangle Transit rail, future commuter rail, Greyhound, Triangle Transit bus, and Capital Area Transit.

Raleigh Union Station will dramatically change the look and feel of the west side of downtown. Currently a low-density collection of warehouses and vacant land, Raleigh Union Station stands to change the economic development potential of the area and offers the following advantages: • Increases transit use • Establishes a transit identity • Allows for future modes • Ties together western edge of downtown • Anchors the downtown circulator • Creates a gateway destination • Maximizes developable space/parcels.

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

The mission of the North Carolina Department of Transportation is to provide an integrated transportation system that enhances the state's well being. NCDOT strives to provide a safe and well-maintained transportation system that meets the needs of its customers and supports the development of sustainable, vibrant communities. In so doing, NCDOT is committed to planning, designing, constructing, maintaining and managing an interconnected transportation system while striving to preserve and enhance natural and cultural resources. Environmental stewardship encompasses these responsibilities and is reflected in NCDOT's day-to-day operations by:

• Safeguarding the public's health by conducting business in an environmentally responsible manner. • Demonstrating care for and commitment to the environment. • Recognizing that NCDOT is expected to provide mobility and a quality of life that includes the protection of the natural resources and the cultural and social values of the community. • Each NCDOT employee is responsible for incorporating these principles of safety, environmental stewardship and customer focus into their daily activities.

In accordance with these objectives, in the process of designing and buidling the Union Station site, environmentally friendly technologies and approaches will be fully considered and implemented where feasible.

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

14 Name NCDOT, although eventually after development the station site will be conveyed to the City of Raleigh Mailing Address

E-Mail Address Phone No. Fax No.

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

Answer Yes

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

Answer Yes

C. Location Map: PD must provide a copy of the relevant portion of the 1:24,000 scale U.S.G.S. topographic quadrangle map that shows the property clearly plotted, and that measures at least an 8 Y2 by 11 inches. (Note: these maps can be purchased through the above link, or often through retail outdoor recreation stores that can print out the relevant map. Often environmental reports have location maps that use this type of map as the base for its location map.) Is the required location map included with this application?

Answer Yes

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

15 be required to submit a final brownfields survey plat which includes the information listed in the brownfields survey plat guidance.) Is the reguired preliminary survey plat included with this application?

Answer Yes

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

Answer Yes

Have electronic copies of the photographs been emailed to NCBP?

Answer Yes

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

Answer Yes

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

Phase I Environmental Site Assessment, Triangle Regional Rail Project Downtown Raleigh Station, URS Corporation, November 10, 2003.

Phase II Environmental Site Assessment, Triangle Regional Rail Project Downtown Raleigh Station, URS Corporation, May 13, 2004

Environmental Management Summary Report, Raleigh Union Station - Schematic 25% Design, TIP No. P-5500, Aptus Management, PLLC, March 8, 2013

IV. ADDITIONAL REQUIRED FORMS

The following forms are to be filled out and submitted with the application including the Responsibility and Compliance Affidavit and the Proposed Brownfields Agreement.

16 Submittal of the Affidavit requires signature and notarization, and the Proposed Brownfields Application requires an initial.

17 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES NORTH CAROLINA BROWNFIELDS PROGRAM

IN THE MATTER OF: Raleigh Union Station

UNDER THE AUTHORITY OF ) AFFIDAVIT NORTH CAROLINA GENERAL ) RE: RESPONSIBILITY STATUTES 3130A-310.30, et. se . ) AND COMPLIANCE

James Trogdon, being duly sworn, hereby deposes and says:

1. [am« ChiefOperating Officer» ofthe North Carolina Department ofTransportation. 2. [ifsignatory is not President, add this paragraph: "I am fully authorized to make the declarations contained herein and to legally bind the North Carolina Department ofTransportation."] 3. The North Carolina Department ofTransportation is applying for a Brownfields Agreement with the North Carolina Department of Environment and Natural Resources, pursuant to N.C.G.S. 3 l30A, Article 9, Part 5 (Brownfields Act), in relation to the following 1703486115, 1703485081, 1703475886,1703488076, 1703478969, 1703479712 and 1703479662 parcel(s) in Raleigh, Wake, County, North Carolina: 599 W Hargett, 510 W Martin, 602 W Martin, 224 S West, 230 S West, 314 S West and 323 S West Streets 4. 1 hereby certify, under the pains and penalties of perjury and ofthe Brownfields Act, that the North Carolina Department ofTransportation, and any parent, subsidiary or other affiliate meets the eligibility requirements ofN.C.G.S. 3 l30A-310.3I(b)(10), in that it has a bonafide, demonstrable desire to buy~ sell 0 for the purpose ofdeveloping or redeveloping, and did not caUSe or contribute to the contamination at, the parcel(s) cited in the preceding paragraph. 5. 1hereby certify, under the pains and penalties ofperjury and ofthe Brownfields Act, that the North Carolina Department ofTransportation meets the eligibility requirement ofN.C.G.S.3130A­ 31O.32(a)(I) in that it and any parent, subsidiary or other affiliate have substantially complied with: a. the terms ofany brownfields or similar agreement to which it or any parent, subsidiary or other affiliate has been a party; b. the requirements applicable to any remediation in which it or any parent, subsidiary or other affiliate has previollsly engaged; c. fed al and s e laws, re ulations and rules for the protection ofthe environment. Affiant rth r saith it.

Notary Public :H,,,,, ...... ~;~~ 0'[ ~ ~ - 01015 18 AI, e8Iilinission expit es. (SEAL)

19 Preliminary Proposed Brownfields Agreement

I. Property Facts

a. Property Address(es): 599 W Hargett, 510 W Martin, 602 W Martin, 224 S West, 230 S West, 314 S West and 323 S West Streets

b. Property Seller: ITA, CSX and Sperry & Otto, LLC

c. Property Buyer: NCDOT

d. BriefProperty Usage History: The Raleigh Union Station development site is located on the western margin ofRaleigh's central business district in an area commonly referred to as the Warehouse District - an area which has been used for railroad, warehousing and various other industrial and commercial operations since the late 19th century. e. The plmmed reuse will potentially involve the following use classification(s) (check all that apply): o Schoollchildcare/senior care o Residential o Commercial, retail (specify) o Other commercial (specify) o Office o Light industrial o Heavy industrial o Recreational o Open space [8] Other (specify) Multimodel TranspOltation Station

II. Contaminant Information a. The contaminant situation at the property is best described by the following (check all that apply): [8] Contaminants are from an on-property source(s) [8] Contaminants are from an off-property source(s) [8] Contaminants are from an unknown source(s) o Contaminants have not yet been documented on the property

20 b. Contaminated Media Table. (Ifknown, check appropriate boxes below)

Contaminant Soil Groundwater Private Wells Vapor Intrusion Types andlor Surface Water known Sus ected known Sus ected known sus eeted known sus ected o Chlorinated X X X r Solvents 9 (list): a n i c sf-=--,----;----+---f-----:c;---+----+--=-+--+---+---+-----,=-----j Petroleum: X X X ASTsD USTsD Other~ Other (list):

i Metals X X n (list): 0 r 9 a n i Other (list): c s

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

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

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

IV. Fees In connection with a brownfields agreement, the Act requires that the developer pay fees to offset the cost to the Department ofEnvironment and Natural Resources and the Department of Justice. In satisfaction ofthe Act, the following fees apply to any brownfields agreement that is developed for this project, subject to negotiation ofthe brownfields agreement: a. A $2,000 initial fee will be due from the applicant PD when both ofthe following occur:

I) NCBP receives this application and proposed brownfields agreement, AND

2) NCBP notifies the applicant in writing that the applicant PD and the project are eligible for participation in the NCBP and continued negotiation ofa brownfields agreement. b. A second fee of$6,000 will be due from the PD prior to execution ofthe brownfields agreement. Should the prospective developer choose to negotiate changes to the agreement that necessitate evaluation by the Department ofJustice, additional fees shall apply. c. Any addendum/modifications to the BFA or NBP after they are in effect will result in an additional fee ofat least $1,000. d. In the unexpected event that the environmental conditions at the property are unusually complex, such that NCBP's costs will clearly exceed the above amounts, NCBP and PD will negotiate additional fees.

lease check this box and initial in space provided to indicate your dgement ofthe above fee structure.

Date ofSubmittal:

22