NKC Courthouse - Phase I ESA.pdf

PHASE I ENVIRONMENTAL SITE ASSESSMENT

PROPOSED NKC COURTHOUSE

12010 NEW KENT HIGHWAY

NEW KENT, VIRGINIA 23124

ECS PROJECT NO. 47:23261

FOR: NEW KENT COUNTY VIRGINIA

MARCH 11, 2026

March 11, 2026

Rodney Hathaway New Kent County Virginia 12007 Courthouse Circle PO Box 150 New Kent, Virginia 23124

ECS Project No. 47:23261

Reference: Phase I Environmental Site Assessment Report, Proposed NKC Courthouse, 12010 New Kent Highway, New Kent, New Kent County, Virginia 23124

Dear Mr. Hathaway:

ECS Mid-Atlantic, LLC (ECS) is pleased to provide New Kent County Virginia with the results of our Phase I Environmental Site Assessment (ESA) for the referenced site. ECS's services were provided in general accordance with ECS Proposal No. 47:43273-EP authorized on February 18, 2026 and generally meet the requirements of ASTM E1527-21, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, and in accordance with EPA Standards and Practices for All Appropriate Inquiries contained in 40 CFR Part 312.

If there are questions regarding this report, or a need for further information, please contact the undersigned.

Sincerely, ECS Mid-Atlantic, LLC

Kathryn Ordel Alexandra Moon, REM Senior Project Manager Environmental Regional Manager, Principal kordel@ecslimited.com amoon@ecslimited.com 434-973-3232 540-362-2000

ECS Mid-Atlantic, LLC

804 Professional Place West , Chesapeake , Virginia 23320 • T:757-366-5100 ECS Florida, LLC • ECS Mid-Atlantic LLC • ECS Midwest, LLC • ECS Pacific, Inc. • ECS Southeast, LLC • ECS Southwest, LLP

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"ONE FIRM. ONE MISSION."

Report Summary

Proposed NKC Courthouse 12010 New Kent Highway New Kent, Virginia 23124

Report Section No Further

Action REC CREC HREC BER Comment

3.0 User Provided Information

4.1 Federal ASTM Databases

4.2 State ASTM Databases

4.3 Additional Environmental Record

Sources

5.0 Historical Use Information

6.0 Site and Area Reconnaissance

7.0 Additional Services

8.0 Interviews

March 11, 2026 ECS Mid-Atlantic, LLC ii

ENVIRONMENTAL PROFESSIONAL STATEMENT

We declare that, to the best of our professional knowledge and belief, we meet the definition of Environmental Professional as defined in § 312.10 of 40 CFR 312. We have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. We have developed and performed the all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312.

Kathryn Ordel Alexandra Moon, REM Senior Project Manager March 11, 2026

Environmental Regional Manager, Principal March 11, 2026 iii

PAGETABLE OF CONTENTS

EXECUTIVE SUMMARY

1.0 INTRODUCTION

1.1 Purpose and Reason for Performing Phase I ESA

1.2 Scope of Services

1.3 Definitions

1.4 Limitations

1.5 Data Gaps

1.6 Limiting Conditions/Deviations

2.0 SUBJECT PROPERTY DESCRIPTION

2.1 Subject Property Location and Legal Description

2.2 Physical Setting and Hydrogeology

2.3 Current Use and Description of the Site

3.0 USER PROVIDED INFORMATION

3.1 Title Information

3.2 Environmental Liens or Activity and Use Limitations

3.3 Specialized Knowledge

3.4 Commonly Known or Reasonably Ascertainable Information

3.5 Valuation Reduction for Environmental Issues

3.6 Owner, Property Manager, and Occupant Information

3.7 Degree of Obviousness

4.0 RECORDS REVIEW

4.1 Federal ASTM Databases

4.2 State ASTM Databases

4.2.1 Registered Underground Storage Tank (UST) List

4.2.2 Aboveground Storage Tank (AST) Database

4.3 Additional Environmental Record Sources

4.3.1 Additional Non-ASTM Federal Databases

4.3.2 Additional Non-ASTM State Databases

4.3.3 Other Proprietary Databases

4.3.4 Unmapped (Orphan) Facilities and Sites

4.4 Regulatory Review Summary

iv

5.0 HISTORICAL USE INFORMATION

5.1 Aerial Photograph Review

5.2 Sanborn Fire Insurance Map Review

5.3 Historical USGS Topographic Maps

5.4 City Directory Review

5.5 Property Tax Files

5.6 Recorded Land Title Records

5.7 Building Department Records

5.8 Zoning/Land Use Records

5.9 Previous Reports

5.10 Other Historical Sources

5.10.1 State Environmental Agency

5.10.2 Local Fire Department

5.10.3 Local Health Department

5.11 Historical Use Summary

6.0 SITE AND AREA RECONNAISSANCE

6.1 Methodology

6.2 On-Site Features

6.2.1 Observed Geologic, Hydrogeologic, Hydrologic, and Topographic Conditions

6.2.2 Past Site Uses

6.2.3 Current Uses

6.3 Adjoining and Nearby Properties

6.4 Site and Area Reconnaissance Summary

7.0 ADDITIONAL SERVICES

8.0 INTERVIEWS

9.0 FINDINGS AND CONCLUSIONS

9.1 Findings and Opinions

9.2 Significant Data Gaps

9.3 De Minimis Conditions

9.4 Conclusions

9.5 Recommendations

10.0 REFERENCES

v

TABLE OF APPENDICES

Appendix I: Figures

Appendix II: Interviews, Correspondence and User Questionnaire

Appendix III: Regulatory Records Documentation

Appendix IV: Historical Research Documentation

Appendix V: Site Photographs

Appendix VI: Additional Documents

Appendix VII: Statement of Qualifications

Appendix VIII: Acronyms vi

EXECUTIVE SUMMARY

ECS Mid-Atlantic, LLC (ECS) was contracted by New Kent County Virginia to perform an ASTM International (ASTM) E1527-21, Phase I Environmental Site Assessment (ESA) of Proposed NKC Courthouse (i.e., subject property). This Executive Summary is an integral part of the Phase I ESA report. ECS recommends that the report be read in its entirety.

Subject Property Location Information

Subject Property/Project Name Proposed NKC Courthouse

Address 12010 New Kent Highway, New Kent, New Kent County, Virginia 23124

Parcel Number(s) K20-3836-1878 and a portion of K20-3057-2165

Site Area 10 acres

Current Development(s) & Use Property is vacant forested land

Historical Use The subject property has primarily consisted of unimproved wooded and grass land since at least 1918.

Adjacent Area Uses North: Wooded Land

East: Residential

South: New Kent Highway, followed by wooded land, the U.S. Post Office and Pink Confetti Co.

West: New Kent Ordinary

ECS performed a Phase I Environmental Site Assessment in general conformance with the scope and limitations of ASTM E1527-21 of the Proposed NKC Courthouse located at 12010 New Kent Highway in New Kent, New Kent County, Virginia, the subject property. Any exceptions to, or deletions from, this practice are described in Section 1.6 of this report. This assessment did not reveal evidence of recognized environmental conditions, controlled recognized environmental conditions, or significant data gaps in connection with the property.

Recognized Environmental Condition (REC)

ECS did not identify evidence of RECs in connection with the subject property.

Controlled Recognized Environmental Conditions (CREC)

ECS did not identify evidence of CRECs in connection with the subject property.

March 11, 2026 ECS Mid-Atlantic, LLC

ECS Project #47: 23261

Historical Recognized Environmental Conditions (HREC)

ECS did not identify evidence of HRECs in connection with the subject property.

Significant Data Gaps

ECS did not identify significant data gaps during the preparation of this Phase I ESA.

It is the opinion of ECS Mid-Atlantic, LLC that additional environmental assessment of the subject property is not warranted to further assess the property's environmental condition.

March 11, 2026 ECS Mid-Atlantic, LLC

Table of Critical Dates

Item Date

Report Issuance Date & Declaration by Environmental Professional March 11, 2026

Date of Interview with Past and Present Owners and Occupants February 5, 2026

Date of Recorded Environmental Cleanup Lien/AUL Search N/A

Date of Government Record Review Report February 19, 2026

Date of Visual Inspection of Subject and Adjoining Properties March 6, 2026

Earliest Date of Interviews, Record Reviews, and Inspections February 5, 2026

Report Viability Date August 4, 2026

According to ASTM E1527-21: "...an environmental site assessment meeting or exceeding this practice is presumed to be viable when it is conducted within 180 days prior to the date of acquisition of the subject property (or, for transactions not involving an acquisition such as a lease or refinance, the date of the intended transaction). The dates of the components presented in 4.6.2(i), (iii), (iv), and (v) for interviews, review of government records, visual inspections, and declaration by environmental professional, shall be identified in the report. Completion of searches for recorded environmental cleanup liens (4.6.2(ii)) is a user responsibility; however, if the user has engaged the environmental professional to conduct these searches, then that date shall also be identified in the report." The 180-day viability period begins with the date of the earliest referenced resource noted above.

ECS was not contracted to obtain an environmental liens or activity use limitations report, nor have we been provided with transaction-related title insurance documentation to identify environmental liens or activity use limitations. Therefore, ECS presumes that a review of environmental liens or activity use limitations will be conducted by the User independently of this Phase I ESA as required for the User to qualify for innocent landowner, contiguous property owner, or bona fide prospective purchaser liability defenses under CERCLA and 40 C.F.R. 312.20/312.25. It is important to note that a review of land title records and judicial records for environmental liens and activity use limitations is not part of the standard scope of an ASTM E1527 Phase I ESA, and the validity of this Phase I ESA is not dependent upon receipt of land title records for environmental liens and activity use limitations.

March 11, 2026 ECS Mid-Atlantic, LLC

1.0 INTRODUCTION

ECS was contracted by New Kent County Virginia to perform an ASTM E1527-21, Phase I ESA of Proposed NKC Courthouse located at 12010 New Kent Highway in New Kent County, Virginia (i.e., subject property). A Site Location Map is provided in Appendix I.

1.1 Purpose and Reason for Performing Phase I ESA

The purpose of the ESA was to:

• identify the presence or likely presence of hazardous substances and/or petroleum products in, on, or at the subject property due to a release (defined by 42 United States Code (USC) 9601.22) and/or likely release; or under conditions that pose a material threat of a future release in accordance with ASTM E1527-21. (Note: presence or likely presence of hazardous substances or petroleum in, on, or at the subject property may originate from onsite or offsite sources);

• conduct all appropriate inquiries as defined by ASTM E1527-21 and 40 Code of Federal Regulations (CFR) Part 312; and,

• provide a professional opinion regarding recognized environmental conditions (RECs), controlled recognized environmental conditions (CRECs), and historical recognized environmental conditions (HRECs), as defined by ASTM E1527-21, in, on, or at the subject property.

The ESA should allow the Users the opportunity to qualify for landowner liability protection under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) provided certain stipulations are met. The landowner liability protections are: an innocent landowner, a contiguous property owner, or a bona fide prospective purchaser. The User must meet the protection stipulations detailed in CERCLA to qualify as well as meet the User Obligations contained within the ASTM E1527-21 standard.

This ESA was requested by New Kent County Virginia in preparation for a new development on the property. Therefore, ECS understands that the purpose of the ESA is to identify likely sources of releases to assist the User with obtaining information for their financial/business decisions related to the subject property.

1.2 Scope of Services

The environmental assessment was conducted in general accordance with ASTM E1527-21, which is in accordance with EPA Standards and Practices for All Appropriate Inquiry (40 CFR §312.10).

The environmental assessment was conducted under the supervision or responsible charge of an individual who qualifies as an environmental professional, as defined in 40 CFR §312.10.

ECS was not contracted to conduct additional services beyond the scope of a base ASTM E1527-21 Phase I ESA as part of this assessment.

March 11, 2026 ECS Mid-Atlantic, LLC

1.3 Definitions

ASTM E1527-21 defines a "recognized environmental condition (REC)" as "(1) the presence of hazardous substances or petroleum products in, on, or at the subject property due to a release to the environment; (2) the likely presence of hazardous substances or petroleum products in, on, or at the subject property due to a release or likely release to the environment; or (3) the presence of hazardous substances or petroleum products in, on, or at the subject property under conditions that pose a material threat of a future release to the environment." For the purposes of this definition, "likely” is that which is neither certain nor proved, but can be expected or believed by a reasonable observer based on the logic and/or experience of the environmental professional, and/or available evidence, as stated in the report to support the opinions given therein.

ASTM E1527-21 defines a "historical recognized environmental condition (HREC)" as "a previous release of hazardous substances or petroleum products affecting the subject property that has been addressed to the satisfaction of the applicable regulatory authority or authorities and meeting unrestricted use criteria established by the applicable regulatory authority or authorities without subjecting the subject property to any controls (for example, activity and use limitations or other property use limitations). A historical recognized environmental condition is not a recognized environmental condition."

ASTM E1527-21 defines a "controlled recognized environmental condition (CREC)" as "recognized environmental condition affecting the subject property that has been addressed to the satisfaction of the applicable regulatory authority or authorities with hazardous substances or petroleum products allowed to remain in place subject to implementation of required controls (for example, activity and use limitations or other property use limitations)."

ASTM E1527-21 defines a "business environmental risk (BER)" as "a risk that can have a material environmental or environmentally-driven impact on the business associated with the current or planned use of commercial real estate, not necessarily related to those environmental issues required to be investigated in this practice." This assessment does not include ASTM Non-Scope items or identify business environmental risks unless specifically requested by the Client, and included in Section 7.0 of this report.

ASTM E1527-21 defines a "de minimis condition" as "a condition related to a release that generally does not present a threat to human health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies. A condition determined to be a de minimis condition is not a recognized environmental condition nor a controlled recognized environmental condition."

ASTM E1527-21 indicates that findings are "...those features, activities, uses, and conditions that, in the judgment of the environmental professional, may indicate the presence or likely presence of hazardous substances or petroleum products at the subject property. Some findings, but not necessarily all findings, may be indicative of the presence of recognized environmental conditions, controlled recognized environmental conditions, historical recognized environmental conditions, or de minimis conditions. All parts of the assessment work in concert, and all information identified during the assessment should be evaluated in an aggregated manner." Findings identified through this assessment are presented in Section 9.1.

March 11, 2026 ECS Mid-Atlantic, LLC

ASTM E1527-21 indicates that a hazardous substance is defined as "a hazardous substance pursuant to CERCLA 42 U.S.C. § 9601(14), as interpreted by EPA regulations and the courts: '(A) any substance designated pursuant to section 1321(b)(2)(A) of Title 33, (B) any element, compound, mixture, solution, or substance designated pursuant to section 9602 of this title, (C) any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, (42 U.S.C. § 6921) (but not including any waste the regulation of which under RCRA (42 U.S.C. § 6901 et seq.) has been suspended by Act of Congress), (D) any toxic pollutant listed under section 1317(a) of Title 33, (E) any hazardous air pollutant listed under section 112 of the Clean Air Act (42 U.S.C. § 7412), and (F) any imminently hazardous chemical substance or mixture with respect to which the Administrator (of EPA) has taken action pursuant to section 2606 of Title 15. The term does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of this paragraph, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas).'”

1.4 Limitations

The ESA involved a reconnaissance of the subject property and contiguous properties and a review of regulatory and historical information in general accordance with the ASTM standard and EPA regulation referenced herein. Non-scope considerations or additional conditions such as asbestos, radon, wetlands, or suspected microbial growth were not assessed unless otherwise described in Section 7.0 of this report.

Note: Although potential vapor migration was considered as part of this ASTM E1527-21 Phase I ESA, the Phase I ESA was not intended to fully meet the requirements of the Vapor Encroachment Screen per the ASTM E2600 guide, which is beyond the scope of an ASTM E1527-21 Phase I ESA.

The conclusions and/or recommendations presented within this report are based upon a level of investigation consistent with the standard of care and skill exercised by members of the same profession currently practicing in the same locality under similar conditions. The intent of this assessment is to identify the potential for recognized environmental conditions in connection with the subject property; however, no environmental site assessment can completely eliminate uncertainty regarding the potential for recognized environmental conditions in connection with the subject property. The findings of this ESA are not intended to serve as an audit for health and safety compliance issues pertaining to improvements or activities at the subject property. ECS is not liable for the discovery or elimination of hazards that may potentially cause damage, accidents or injury.

Observations, conclusions and/or recommendations pertaining to environmental conditions at the subject property are necessarily limited to conditions observed, and or materials reviewed at the time this study was undertaken. It was not the purpose of this study to determine the actual presence, degree or extent of contamination, if any, at this subject property. This could require additional exploratory work, including sampling and laboratory analysis. No warranty, expressed or implied, is made with regard to the conclusions and/or recommendations presented within this report.

March 11, 2026 ECS Mid-Atlantic, LLC

This report is provided for the exclusive use of New Kent County Virginia. This report is not intended to be used or relied upon in connection with other projects or by other unidentified third parties. The use of this report by any undesignated third party or parties will be at such party’s sole risk and ECS disclaims liability for any such third party use or reliance. The use of this report is subject to the same terms, conditions and scope of work reflected in this report and the associated proposal.

1.5 Data Gaps

ASTM E1527-21 defines a “data gap” as: “a lack of or inability to obtain information required by this practice despite good faith efforts by the environmental professional to gather such information." A "significant data gap" is "a data gap that affects the ability of the environmental professional to identify a recognized environmental condition."

Use of the subject property was generally documented back to 1918. Historical use of the subject property prior to 1918 could not be discerned based on reasonably ascertainable records reviewed.

The ASTM E1527-21 standard requires review of reasonably ascertainable historical resources to develop a history of previous uses of the subject property, adjoining properties, and the surrounding area from 1940 or the first developed use, at intervals not to exceed five years. Review of reasonably ascertainable historical sources for this assessment has identified gaps in the historical record that exceeded five years during which the use of the subject property could not be discerned, which is considered a data failure per ASTM E1527-21. However, based on the historically undeveloped nature of the subject property, this data failure would not be expected to alter the findings of this ESA, and is not considered to be a significant data gap.

Significant data gaps that would be expected to limit ECS's ability to identify RECs or render a professional opinion concerning the subject property were not identified during this assessment.

1.6 Limiting Conditions/Deviations

ASTM E1527-21 requires that the Environmental Professional identify limiting conditions, deletions, and deviations from the ASTM E1527-21 standard, if any, including client-imposed constraints.

Conditions that limited our ability to observe the subject property and/or identify RECs in, on, or at the subject property were not encountered while conducting this Phase I ESA. The scope of this assessment was not intended to deviate from the ASTM E1527-21 Standard Practice unless otherwise noted within this report.

March 11, 2026 ECS Mid-Atlantic, LLC

2.0 SUBJECT PROPERTY DESCRIPTION

A general description of the Subject Property is provided in the following Section. A Site Location Map is provided as Figure 1, a Topographic Map is provided as Figure 2, and a Site and Area Features Map is provided as Figure 3 in Appendix I.

2.1 Subject Property Location and Legal Description

Property/Project Name Proposed NKC Courthouse

Property Address 12010 New Kent Highway

Property City, State New Kent, Virginia

Property County New Kent County

Number of Parcels Two

Property ID Number(s) K20-3836-1878 and a portion of K20-3057-2165

Property Size 10 Acres

Property Owner of Record

Jonathan C. Kinney

Property Legal Description

As provided by New Kent County:

• 9.26 AC DB 103/672 PLAT

• 2.173 AC PB 13/7

2.2 Physical Setting and Hydrogeology

United States Geological Survey (USGS) Topographic Map

Quad Designation New Kent, Virginia

Date 2022

Physical Settings

Geologic Province Costal Plain

Average Subject Property Elevation (in feet or meters)

100-120 feet above mean sea level

General Sloping Direction North

March 11, 2026 ECS Mid-Atlantic, LLC

Bodies of Water No bodies are depicted on the subject property. A tributary to Holts Creek is located approximately 770 feet to the north, which ultimately flows into the Pamunkey River located approximately 7,300 feet to the north. A tributary to Diascund Creek is located approximately 1,140 feet to the south.

Presumed Direction of Groundwater Flow

North towards Holts Creek and Pamunkey River. Areas farther to the south appear to flow in a presumed southerly direction.

Presumed Hydrogeological Up-gradient Direction

South

General Directions of Surface Flow

North

Regional groundwater flow in the immediate vicinity of the subject property is presumed to be generally to the north towards a tributary to Holts Creek and Pamunkey River. Variances in hydrogeology and lithology may affect site-specific groundwater flow directions. Additionally, potential area influences such as microtopography, high-capacity wells, nearby dewatering activities, karst conditions, below-grade fill material, impermeable soils, etc. may impact site-specific groundwater flow directions. The actual groundwater flow direction cannot be determined without site-specific information obtained through the gauging of groundwater monitoring wells.

2.3 Current Use and Description of the Site

The subject property consists of an approximately 10-acre tract comprised of a portion of two parcels of vacant, forested land. The subject property is located in an area that can generally be described as rural.

March 11, 2026 ECS Mid-Atlantic, LLC

3.0 USER PROVIDED INFORMATION

The ASTM standard includes disclosure and obligations of the User to help the Environmental Professional identify the potential for recognized environmental conditions associated with the subject property. The ASTM E1527-21 User Questionnaire was submitted to and completed by W. Jay Hobbs, representing Hobbs Management Solutions, LLC an agent of the User of the report. Section

3.0 is based on the completed User Questionnaire. A copy of the completed User Questionnaire is included in Appendix II.

3.1 Title Information

ECS was not provided with title information by the User or user's agent. If this information is provided following the issuance of this report and information contained therein materially changes the outcome of this report, ECS will issue an addendum to this report.

3.2 Environmental Liens or Activity and Use Limitations

ECS was neither contracted to obtain information on environmental liens or activity and use limitations, nor have we been provided with information on environmental liens or activity and use limitations for our review. It should be noted by the User of this report that if the User does not obtain activity and use limitation information, the User that is seeking to qualify for an innocent landowner, a contiguous property owner, or a bona fide prospective purchaser liability defense may lose these rights to qualify under CERCLA. The User stated they were not aware of any AULs associated with the subject property.

3.3 Specialized Knowledge

The User indicated that they did not possess specialized knowledge of the subject property.

3.4 Commonly Known or Reasonably Ascertainable Information

The User's agent indicated that they were not aware of commonly known environmental concerns related to the subject property.

3.5 Valuation Reduction for Environmental Issues

According to the User's agent, the purchase price being paid for the subject property reasonably reflects its fair market value.

3.6 Owner, Property Manager, and Occupant Information

The User's agent indicated that the owner and contact is New Kent County.

3.7 Degree of Obviousness

The User's agent stated that they were not aware of obvious indicators of a presence or likely presence of contamination at the subject property.

March 11, 2026 ECS Mid-Atlantic, LLC

4.0 RECORDS REVIEW

A regulatory records search of ASTM standard and supplemental databases was conducted for the subject property and is included in Appendix III. The regulatory search report in the appendix includes additional details about the regulatory databases that were reviewed. The regulatory records search involves searching a series of databases for facilities that are located within a specified distance from the subject property. The ASTM standard specifies an approximate minimum search distance from the subject property for each database. Pursuant to ASTM, the approximate minimum search distance may be reduced for each standard environmental record except for Federal NPL site list, and Federal RCRA TSD list. According to ASTM, government information obtained from nongovernmental sources may be considered current if the source updates the information at least every 90 days or, for information that is updated less frequently than quarterly by the government agency, within 90 days of the date the government agency makes the information available to the public. The following table indicates the standard environmental record sources and the approximate minimum search distances for each record.

Standard Environmental Record Sources

Approximate Minimum Search

Distance Per ASTM (miles)

Subject Property Off-Site Properties

Federal NPL 1.0 No 0

Federal Delisted NPL 0.5 No 0

Federal SEMS/

CERCLIS

0.5 No 0

Federal SEMS Archive/CERCLIS

NFRAP

0.5 No 0

Federal RCRA

CORRACTS

1.0 No 0

Federal RCRA non-CORRACTS TSD

0.5 No 0

Federal RCRA Generators

Subject Property and Adjoining Properties

No 0

Federal IC/EC Subject Property Only

No N/A

Federal ERNS Subject Property Only

No N/A

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Standard Environmental Record Sources

Approximate Minimum Search

Distance Per ASTM (miles)

Subject Property Off-Site Properties

State and Tribal Hazardous Waste Sites (Superfund Equivalent)

1.0 No 0

State and Tribal Hazardous Waste Facilities

0.5 No 0

State and Tribal Landfill and/or solid waste disposal sites

0.5 No 0

State and Tribal Leaking Tanks

0.5 No 0

State and Tribal Registered UST and

AST

Subject Property and Adjoining Properties

No 1 UST

State and Tribal IC/

EC

Subject Property Only

No N/A

State and Tribal Voluntary Cleanup

(VCP)

0.5 No 0

State and Tribal Brownfield Sites

0.5 No 0

Based on our knowledge of the subject property and the surrounding area, ECS attempts to verify and interpret this data. While this attempt at verification is made with due diligence, ECS cannot guarantee the accuracy of the record(s) search beyond that of information provided by the regulatory report(s). ECS makes no warranty regarding the accuracy of the database report information included within the regulatory report(s).

The regulatory database search was performed by EDR, and their report is dated February 19, 2026.

ECS did not modify the minimum ASTM search distances stipulated in the standard. The regulatory databases reviewed by ECS included supplemental databases researched by EDR. Additional information pertaining to database listings is provided within the EDR report in Appendix III.

March 11, 2026 ECS Mid-Atlantic, LLC

4.1 Federal ASTM Databases

Neither the subject property nor properties within the designated search radii were identified on the standard federal databases researched for this assessment.

4.2 State ASTM Databases

4.2.1 Registered Underground Storage Tank (UST) List

The Registered UST List inventories underground storage tanks registered with the state. This list does not identify USTs that have not been registered or are exempt, such as home heating oil tanks and other unregulated tanks.

The subject property did not appear on the State UST database. The database report identified one UST facility within the ASTM-designated search radius (adjoining properties). The database report identified one off-site UST facility within 0.25 miles of the subject property. The database report did not identify "delisted tanks" or “Historical USTs” within 0.25 miles. The following facility is considered a finding for this assessment, and is discussed further in the conclusions section of this report:

New Kent Courthouse Dept Gen Serv, 12007 Courthouse Circle (Facility ID: 4002693) This listing is located on the southern adjoining parcel, across New Kent Highway to the southwest, situated in a presumed cross-gradient hydrogeological position relative to the subject property.

This facility is listed as containing one 4,000-gallon gasoline UST that was removed from the ground and one 2,000-gallon diesel UST that was removed from the ground.

According to a Notification for USTs dated 1999, a 2,000-gallon diesel tank was last used in June 1998 and was later removed from the ground. The notification indicated that a closure assessment was completed and no evidence of a leak was detected. During the removal, three soil samples were collected and analyzed for semi-volatiles, two of the samples were reported to be below detection limits (BDL) and the third sample was 5.7 milligram/kilogram (mg/kg).

Based on a provided sketch, it appears that the tank was located approximately 560 feet southwest of the subject property.

A UST closure report was completed by James River Environmental Inc. (JRE). In September 2009, the 4,000-gallon gasoline tank was removed from the ground. Following the removal, two soil samples were collected from the bottom of the tank pit. The soil samples (S-1 and S-2) were analyzed for total petroleum hydrocarbons gasoline range organics (TPH GRO); both samples had a reported concentration of <5 mg/kg. Based on a provided sketch, it appears that the tank was located approximately 560 feet southwest of the subject property.

Based on our review of reasonably ascertainable information, as discussed above, this database listing is considered a finding for this assessment.

ECS reviewed the remaining off-site listing reported by EDR on the UST database. This other off-site listing is reported more than 1,200 feet from the subject property. Based on the distance from the subject property, the remaining off-site listing is not considered a finding in this assessment.

March 11, 2026 ECS Mid-Atlantic, LLC

4.2.2 Aboveground Storage Tank (AST) Database

The AST database is a list of facilities that have registered ASTs with the state regulator.

The subject property did not appear on the State AST database. The database report identified no AST facilities within the ASTM-designated search radius (adjoining properties). The database report identified one off-site AST facility within 0.25 miles of the subject property. This off-site listing is reported more than 1,200 feet from the subject property. Based on the distance from the subject property, the off-site listing is not considered a finding in this assessment.

4.3 Additional Environmental Record Sources

4.3.1 Additional Non-ASTM Federal Databases

Federal UST Finder

This database is maintained by the EPA, compiled from individual state UST directories. In most cases, sites listed on the Federal UST Finder database are duplicates of sites listed on the state UST databases.

The subject property did not appear on the Federal UST Finder database. The database report identified one UST facility within the ASTM-designated search radius (adjoining properties) on the Federal UST Finder database. The database report identified one off-site UST facility within 0.25 miles of the subject property. This site is a duplicate of a site listed in the corresponding state database previously discussed in Section 4.2.1 of this report.

4.3.2 Additional Non-ASTM State Databases

Neither the subject property nor properties within the designated search radii were identified on the additional non-ASTM state databases researched for this assessment.

4.3.3 Other Proprietary Databases

Neither the subject property nor properties within the designated search radii were identified on the additional proprietary databases researched for this assessment.

4.3.4 Unmapped (Orphan) Facilities and Sites

Unmapped (orphan) properties are those that cannot be geocoded because location information in a regulatory database is not a conventional address or the database has insufficient location information. Properties were not identified on the EDR Orphan Summary List.

4.4 Regulatory Review Summary

A regulatory database search report was provided by EDR. The database search involves researching a series of Federal, State, Local, and other databases for facilities and properties that are located within specified minimum search distances from the subject property.

March 11, 2026 ECS Mid-Atlantic, LLC

Subject Property: The subject property was not listed in ASTM standard environmental databases.

Off-site Listings: Off-site listings in the EDR database report that are identified as findings are listed below.

New Kent Courthouse Dept Gen Serv, 12007 Courthouse Circle. This facility is listed on the UST database and is identified as containing two USTs that were reportedly removed from the ground. This facility is located on the southern adjoining parcel, across New Kent Highway. Based on our review of reasonably ascertainable information as discussed above, this database listing is considered a finding for this assessment.

Other off-site listings of standard environmental database records reviewed were too distant relative to the subject property to indicate a likely presence of hazardous substances and/or petroleum products in, on, or at the subject property due to a release; therefore, are not identified as findings. Identified findings are discussed further in Section 9.0.

March 11, 2026 ECS Mid-Atlantic, LLC

5.0 HISTORICAL USE INFORMATION

Historical Source Availability

Years Aerial Photos

Fire Insurance

Maps

USGS

Topographic

Maps

City Directories

Other Source

Comment

Pre-1940 - - 1918 - Data gap> 5 years

1940-1944 - - - -

1945-1949 - - 1949 - Data gap> 5 years

1950-1954 - - - -

1955-1959 - - - -

1960-1964 1964 - - -

1965-1969 1969 - 1965 -

1970-1974 1973 - 1973 -

1975-1979 - - 1978 -

1980-1984 1982 - - - Data gap> 5 years

1985-1989 - - - -

1990-1994 1994 - - -

1995-1999 - - - 1995

2000-2004 - - - 2000

2005-2009 2005 - - 2005

2010-2014 2011,

- 2013 2010, 2015-2019 2018 - 2016, 2019 2017

2020-2024 2023 - 2022 2022, 2025-Pres ent

- - - - 2026 New Kent Property Card

Copies of historical reports provided by EDR are included in Appendix IV.

March 11, 2026 ECS Mid-Atlantic, LLC

5.1 Aerial Photograph Review

ECS reviewed aerial photographs of the subject property and immediately surrounding properties for evidence of former usage that may indicate potential environmental conditions. The aerial photographs were obtained from EDR. Aerial photographs dated prior to 1964 were not reasonably ascertainable for review from EDR. The ECS review is dependent on the quality and scale of the photographs.

The following is a description of relevant information from the aerial photographs:

Year(s) Subject Property Adjoining and Relevant Nearby

Properties

Finding?

(yes or no)

1964 The subject property consists of grass and wooded land.

North - Wooded land.

East - Wooded land and a roadway.

South - Roadway followed by wooded and grass land.

West - Wooded and grass land.

No

1969-1994 Similar to previous imagery;

however, by 1973 the grass area is no longer apparent and the site is consists of wooded land.

Similar to previous imagery, with the exception of a structure present to the south, beyond the aforementioned roadway and commercial structures are apparent to the southwest. Additionally, residential properties are apparent farther to the west.

No

2005-2018 Similar to previous imagery. Similar to previous imagery, with the exception of a residence, north of the eastern portion of the subject property. Additional structures are apparent farther to the southwest.

No

2023 Similar to previous imagery. Similar to previous imagery, with the exception of an additional parking lot to the south across the roadway, and a parking lot apparent to the west.

No

March 11, 2026 ECS Mid-Atlantic, LLC

5.2 Sanborn Fire Insurance Map Review

In an effort to identify past uses, ECS utilized EDR to search for historical SanbornTM Fire Insurance Maps (Sanborns) for the subject property and surrounding area. Sanborn maps were not available for this area. The absence of such maps generally indicates that the subject property is located in an area where Sanborn maps were not produced because the area was rural or it was not economically feasible. ECS does not expect the lack of Sanborn maps to impact our ability to render a professional opinion concerning the subject property given the amount of historical information obtained from our research, the USGS topographic map, aerial photographs, city directories, and other historical records.

5.3 Historical USGS Topographic Maps

Topographic maps are produced by the USGS for various time periods. ECS reviewed topographic maps of the subject property and immediately surrounding properties for evidence of former usage that may indicate potential environmental conditions. The topographic maps were obtained from EDR. USGS topographic maps covering years produced in or after 2009 do not include a structural layer and, therefore, do not depict structures other than roadways and certain landmarks.

Topographic maps dated prior to 1918 were not reasonably ascertainable for review from EDR.

The following is a description of relevant information from the topographic maps:

Year(s) Subject Property Adjoining and Relevant Nearby

Properties

Finding?

(yes or no)

1918 The subject property is depicted as wooded land. An unimproved road is depicted as transecting the western portion of the subject property in a north-south orientation.

North - Wooded land with an unimproved roadway.

East - Wooded land and a roadway.

South - Roadway followed by wooded and cleared land. A stream is depicted farther to the south.

West - Cleared land.

Structures are depicted farther to the west.

No

March 11, 2026 ECS Mid-Atlantic, LLC

Year(s) Subject Property Adjoining and Relevant Nearby

Properties

Finding?

(yes or no)

1949 The aforementioned unimproved road is no longer depicted. The subject property is depicted as undeveloped land.

North - Undeveloped land. A stream is depicted farther to the north.

East - Roadway followed by undeveloped land.

South - Secondary Highway followed by undeveloped land.

West - Undeveloped land.

Structures are depicted farther to the west.

No

1965-1978 The subject property is partly shaded green, depicting wooded and cleared land.

Similar to previous topographic maps. Wooded land is depicted with a green shading apparent to the north, east, south, and west.

Additionally, cleared areas are depicted to the south and west.

No

2013-2022 In general, structures, with the exception of landmarks, are not depicted on these topographic maps.

The subject property is depicted as undeveloped wooded land.

In general, structures, except for landmarks, are not depicted on these topographic maps.

A post office is depicted on the southern adjoining property.

Roadways border the subject property to the east and the south.

No

5.4 City Directory Review

One of the ASTM standard historical sources to be reviewed for previous subject property uses is local street directories, commonly known as city directories. The purpose of the directory review is to identify past occupants of the subject property, adjoining properties, or nearby properties. In some rural areas, street directory information is limited.

ECS reviewed city directories obtained from EDR. The subject property address utilized for the research was 12010 New Kent Highway. The directories reviewed prior to 1995 did not provide listings for the subject property or surrounding area. Directories dated prior to 1995 were not reasonably ascertainable for review from EDR.

March 11, 2026 ECS Mid-Atlantic, LLC

The following is a description of relevant information from the city directories:

Year(s) Listed Occupants Finding? (yes or no)

Subject Property: 12010 New Kent Highway

No listings

Northeastern Adjoining Property: 7944 Cumberland Road

2000-2014 Dave R Gay No

Southern Adjoining Property: 12001 Courthouse Circle

2005-2010 New Kent County Circuit Court New Kent County Distric Court Clerk New Kent County Animal Protection or similar listing

No

2014 County of New Kent No

2017-2024 Judiciary Courts of VA County of New Kent or similar listing

No

Southern Adjoining Property: 12101 New Kent Highway

1995-2022 United States Postal Service No

2024 Donald J Cipriano No

5.5 Property Tax Files

Property tax files may include records of past ownership, appraisals, maps, sketches, photos, or other information kept by the local jurisdiction for property tax assessment purposes. According to the New Kent County tax assessor's online information, the subject property is owned by Jonathan C.

Kinney. The subject property is a 10-acre tract comprised of two parcels with identification numbers of K20-3836-1878 and a portion of K20-3057-2165. Prior ownership history was not listed in reasonably ascertainable tax records reviewed.

5.6 Recorded Land Title Records

Recorded land title records may include leases, land contracts, and AULs recorded by the local jurisdiction. Land title records may provide only a list of the names of previous owners and may be of limited use; however, they may provide useful information about uses or occupancy of the property when employed in combination with other sources.

ECS was not provided with title information by the User. If this information is provided following the issuance of this report and information contained therein materially changes the outcome of this report, ECS will issue an addendum to this report.

March 11, 2026 ECS Mid-Atlantic, LLC

5.7 Building Department Records

The term building department records means those records of the local government indicating permissions of the local government to construct, alter or demolish improvements on the subject property.

ECS contacted the New Kent Building Department to determine if they had historical information regarding construction dates, inspections, or other information regarding the subject property. A Freedom of Information Act (FOIA) request was submitted to the building department on February 19, 2026. Ms. Amanda Stanger, the New Kent County Executive Assistant to County Administrator, indicated that the county records did not reveal information regarding the subject property.

5.8 Zoning/Land Use Records

The term zoning/land use records refers to records of the local government indicating the uses permitted by the government in particular zones within its jurisdictions.

ECS reviewed zoning/land use records obtained from New Kent County. The subject property is currently zoned for Commercial Historic District Development (CHDD) use.

5.9 Previous Reports

ECS was not provided with environmental or engineering assessment reports for the subject property completed by others, nor has ECS completed similar studies or prior assessments of the subject property.

5.10 Other Historical Sources

Other credible historical sources may be reviewed to identify past uses of the subject property.

These sources may include websites, county or state road maps, historical society documents, or local library information. Copies of documents provided in response to these inquiries are included in Appendix II or Appendix III.

5.10.1 State Environmental Agency

ECS contacted the Virginia Department of Environmental Quality (VDEQ) to determine if they had regulatory information regarding nearby state listings or other information regarding the subject property. A FOIA request was submitted to the VDEQ on February 19, 2026. Relevant information is discussed throughout the regulatory section (Section 4.0). Copies of relevant information received from the VDEQ are included here in Appendix III.

5.10.2 Local Fire Department

The New Kent County Fire Department was contacted to determine if they had historical information regarding environmental issues or responses at the subject property. A FOIA request was submitted to the fire department on February 19, 2026. Ms. Amanda Stanger, the New Kent County Executive Assistant to County Administrator, indicated that the county records did not reveal information regarding the subject property.

March 11, 2026 ECS Mid-Atlantic, LLC

5.10.3 Local Health Department

ECS contacted the Environmental Health Department on February 19, 2026, to determine if they had information regarding historical environmental issues, responses, or environmental related complaints at the subject property. ECS received a response from VDH on February 24, 2026, providing a sewage disposal system construction permit, dated December 1994, for the southeast portion of the subject property. According to historical research, the area referenced in the permit has remained undeveloped. The sewage disposal system permit was not considered a finding for this assessment.

5.11 Historical Use Summary

According to historical research, the subject property consisted of wooded land from at least 1918 until the mid-1960s, when the southwestern portion was cleared and consisted of unimproved grassland. The cleared area was allowed to reforest and by the 1970s, the subject property again consisted of wooded land. The surrounding area developed gradually from primarily rural and residential to a mixed residential and commercial area.

Based on a review of the reasonably ascertainable historical sources described in this report, ECS did not identify historical features, activities, uses, and/or conditions that are considered findings for this assessment.

March 11, 2026 ECS Mid-Atlantic, LLC

6.0 SITE AND AREA RECONNAISSANCE

6.1 Methodology

Elise DeWald of ECS conducted the field reconnaissance on March 6, 2026. ECS was unaccompanied during the site reconnaissance. The weather at the time of the reconnaissance was 78 degrees Fahrenheit and sunny. Observations were made from a walking reconnaissance around the perimeter and along several transects across the subject property. Access or visibility limitations, if any, are discussed in Section 1.6. A site map is included in Appendix I. Subject property photographs are included in Appendix V.

6.2 On-Site Features

6.2.1 Observed Geologic, Hydrogeologic, Hydrologic, and Topographic Conditions

The subject property was observed as relatively flat with a slight northern slope. A drainage feature transects the northern portion of the property, from the west. Inlets or engineered stormwater drainage systems were not observed at the subject property. Stormwater appears to be controlled at the subject property via runoff and infiltration into permeable ground surfaces.

6.2.2 Past Site Uses

During the site reconnaissance, ECS observed the subject property for evidence of past occupancy or usage that could indicate the presence of environmental concerns. Based on current site conditions observed during the site reconnaissance, ECS did not identify evidence of past uses or occupancy that would indicate the presence of a REC for the subject property.

6.2.3 Current Uses

The subject property is approximately 10 acres in size and consists of wooded land.