20140_Chemstreams NBP Public Comment 20180627

21040-17-090/Chemstreams, Inc. (Draft 20180627)
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Property Owner: WOD Ventures, LLC
Recorded in Book ____, Page ____
Associated plat recorded in Plat Book ____, Page ____

NOTICE OF BROWNFIELDS PROPERTY
Site Name: Chemstreams, Inc.
Brownfields Project Number: 21040-17-090

This documentary component of a Notice of Brownfields Property (“Notice”), as
well as the plat component, have been filed this _____ day of __________________, 201__
by WOD Ventures, 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 3501 Gribble Road, Charlotte, Mecklenburg County,
North Carolina. WOD Ventures, LLC intends to redevelop the Brownfields Property for
industrial, warehouse, office, parking uses, and with prior written DEQ approval, other
commercial uses. The Brownfields Property is approximately 2.9 acres in size and it contains one
warehouse and two smaller brick buildings. It was formerly used for agricultural purposes from
about 1948 until commercial development began in 1983. Former industrial activities at the
Brownfields Property include glycol recycling, and brake and windshield fluid manufacturing.
Industrial activities were conducted at the Brownfields Property since the late-1980s through
1998 under multiple operating names, including Novachem, Distech, Inc., Chemstreams, Inc.,
Summit Resources Management and National Petroleum Packers. The Brownfields Property was
purchased by an affiliate of the current property owner in 2000; however, the Brownfields
Property has remained inactive since circa 1998.

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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:

(1) The location and dimensions of the areas of potential environmental concern with
respect to permanently surveyed benchmarks.

(2) 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 Brownfields 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 industrial, office,
warehouse, parking uses, and with prior written DEQ approval, other commercial uses.
For purposes of this restriction, the following definitions apply:

a. “Industrial” defined as the assembly, fabrication, processing, warehousing
or distribution of goods or materials.

b. “Parking” defined as the temporary accommodation of motor vehicles in
an area designed for same.

c. “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 of a group of establishments in a particular type of industry or commercial
activity.
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d. “Commercial” defined as an enterprise carried on for profit or nonprofit
by the owner, lessee or licensee.

e. “Office” defined as the provision of business or professional services.

2. Unless compliance with this Land Use Restriction is waived in writing by DEQ in
advance in regard to particular activity, no activities that encounter, expose, remove or use
groundwater (for example, installation of water supply wells, ponds, lakes or swimming
pools, or construction or excavation activities that encounter or expose groundwater) may
occur on the Brownfields Property unless and until DEQ states in writing, in advance of
the proposed activity, that said activity may occur if carried out along with any measures
DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses
specified above in Land Use Restriction No. 1 while fully protecting public health and the
environment. Prior sampling and analysis of groundwater to the written satisfaction of
DEQ in any areas proposed for such activities, and submittal of the analytical results to
DEQ is required. If such results reflect contaminant concentrations that exceed the
standards and screening levels applicable to the uses authorized for the Brownfields
Property, the groundwater-related activities proposed may only occur in compliance with
any written conditions DEQ imposes. Activities may occur if carried out along with any
measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the
uses specified above in Land Use Restriction No. 1 while fully protecting public health and
the environment.

3. 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 below in Land
Use Restriction No. 6.

4. 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 (provided, however, that the PD’s provision of data collected within 60 days
before or after the effective date of the attached Exhibit A and demonstrating that indoor
air concentrations of target compounds are below applicable commercial/industrial
screening levels shall satisfy the requirements of this Land Use Restriction with regard to
the existing building, as depicted on the plat) until DEQ determines in writing that:

a. 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

b. 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

c. vapor intrusion mitigation measures are installed and/or implemented to
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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.

5. Unless compliance with this Land Use Restriction is waived in writing in advance
by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of this Notice shall
be in accordance with applicable legal requirements, including without limitation those
related to lead and asbestos abatement that are administered by the Health Hazards
Control Unit within the Division of Public Health of the North Carolina Department of
Health and Human Services.

6. Physical redevelopment of the Brownfields Property may not occur other than in
accord, as determined by DEQ, with an Environmental Management Plan (“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:

a. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;

b. issues related to potential sources of contamination referenced in Exhibit
2 of the attached Exhibit A;

c. contingency plans for addressing, including without limitation the testing
of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil
contamination); and

d. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment;

7. As part of the Land Use Restriction Update required by Land Use Restriction No.
13 and 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:

a. actions taken on the Brownfields Property in accordance with Section V:
Work to be Performed of the attached Exhibit A;
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b. soil grading and cut and fill actions;

c. methodology(ies) employed for field screening, sampling and laboratory
analysis of environmental media;

d. 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

e. 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).

8. 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.

9. 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 __________
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 and
other confidential information 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 Land Use Restriction: (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 Land Use Restriction, 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 said leases, to the persons listed in Section XV.

10. 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:

a. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;

b. 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
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removed from the Brownfields Property in the original packaging or containers; or

c. as managed in compliance with a site-specific plan prepared by the then-
owner of the Brownfields Property and approved in writing by DEQ such that, should a
release of those substances occur at the Brownfields Property, the subject contaminants in
that release would be distinguishable with certainty from the subject contaminants in any
known release at the Brownfields Property that predates the attached Exhibit A.

11. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its
contractors, or its tenants 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.

12. The Brownfields Property may not be used for child care, adult care centers or
schools without the prior written approval of DEQ.

13. 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 1st of that year shall submit a
notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health
and environmental officials of Union County, certifying that, as of said January 1st, the
Notice of Brownfields Property containing these land use restrictions remains recorded at
the Union County Register of Deeds office and that the land use restrictions are being
complied with. The submitted LURU shall state the following:

a. 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;

b. 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;

c. whether any vapor barrier and/or mitigation systems installed pursuant to
Land Use Restriction No. 4, 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.

d. whether products containing hazardous substances used or stored at the
Brownfields Property are being managed in compliance with the plan required by Land
Use Restriction No. 10, above.

e. LURUs submitted for any portion of the Brownfields Property that
contains rental units shall include a list of tenants and their addresses.

f. A LURU submitted for rental units shall include the rent roll and enough
of each lease entered into during the previous calendar year to demonstrate compliance
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with lessee notification requirements in Land Use Restriction No. 9 above and paragraph
22 of the attached Exhibit A provided that if standard form leases are used in every
instance, a copy of such standard form lease may be sent in lieu of copies of actual leases.

For purposes of the land use restrictions set forth above, the DEQ point of contact shall be
the DEQ official referenced in subparagraph 36.a. of the attached Exhibit A, 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.

IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this _____ day of _______________, 201__.

WOD Ventures, LLC

By: __________________________________________
Name typed or printed:
Title typed or printed:

NORTH CAROLINA
_______________ COUNTY

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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: _____________________

21040-17-090/Chemstreams, Inc. (For Public Comment 20180627) 9
************************************
ACKNOWLEDGMENT OF PROPERTY OWNER

As the current owner, or representative of said owner, of at least part of the Brownfields
Property, I hereby acknowledge recordation of this Notice of Brownfields Property and the land
use restrictions contained herein.

[Name of Owner]

By:
__________________
________________________
___
__________________
______
Name typed or printed: ___________________________ Date

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: _____________________

21040-17-090/Chemstreams, Inc. (For Public Comment 20180627) 10
************************************
APPROVAL AND CERTIFICATION OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY

The foregoing Notice of Brownfields Property is hereby approved and certified.

North Carolina Department of Environmental Quality

By: _________________________________________
__________________
______
Michael E. Scott
Date
Director, Division of Waste Management

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EXHIBIT A

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY

IN THE MATTER OF: WOD Ventures, LLC

UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Chemstreams, Inc.
OF 1997, NCGS § 130A-310.30, et seq. ) 3501 Gribble Road
Brownfields Project # 21040-17-090 ) Stallings, Union County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and WOD Ventures, 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 3501 Gribble Road (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.
WOD Ventures, LLC is a North Carolina Limited Liability Company that was formed on
April 26, 2016. Its registered agent is John Dippert and its business address is 9529 Hinson
Drive, Matthews, NC 28105. The Brownfields Property is approximately 2.9 acres in size and it
contains one warehouse and two smaller brick buildings. It was formerly used for agricultural
purposes from about 1948 until commercial development began in 1983. Former industrial
activities at the Brownfields Property include glycol recycling, and brake and windshield fluid
manufacturing. Industrial activities were conducted at the Brownfields Property since the late-
1980s through 1998 under multiple operating names, including Novachem, Distech, Inc.,
Chemstreams, Inc., Summit Resources Management and National Petroleum Packers. The

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Brownfields Property was purchased by an affiliate of the current property owner in 2000;
however, the Brownfields Property has remained inactive since circa 1998. Since the late 1930s
until the mid-1980s, the area surrounding the Brownfields Property was primarily used for
agricultural purposes and/or was undeveloped. Commercial development began to appear in all
directions in the mid-1980s, and the area remains commercial today.
WOD Ventures, LLC intends to redevelop the Brownfields Property for industrial,
warehouse, office, parking uses, and with prior written DEQ approval, other commercial uses.
Groundwater, soil and soil vapor are contaminated at the Brownfields Property due to historical
activities conducted thereon.
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 IX (DEQ’s Covenant Not to Sue
and Reservation of Rights) and Section X (Prospective Developer’s Covenant Not to Sue), the
potential liability of WOD Ventures, LLC for contaminants at the Brownfields Property.
The Parties agree that WOD Ventures LLC’s entry into this Agreement, and the actions
undertaken by WOD Ventures, LLC in accordance with the Agreement, do not constitute an
admission of any liability by WOD Ventures, LLC for contaminants at the Brownfields Property.
The resolution of this potential liability, in exchange for the benefit WOD Ventures, 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

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them in those statutory provisions, including any amendments thereto.
1. “Brownfields Property” shall mean the property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2. "Prospective Developer" shall mean WOD Ventures, LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property comprises one parcel (PIN 07129333B) totaling 2.9 acres.
Prospective Developer has committed itself to redevelopment for no uses other than industrial,
office, warehouse, parking uses, and with prior written DEQ approval, other commercial uses.
4. The Brownfields Property is bordered to the north by CSX Railroad and Metromont
Materials Corp.; to the east by Sun Charlotte Industrial, LLC (unoccupied commercial property);
to the south by Gribble Road beyond which is Pike Electric/Duke Energy; and to the west by
Sweep a Lot (Curtis F. Foster and Tonya Foster, property owners).
5. 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
Brownfields Assessment Report, Former
Chemstreams, Inc.
Resolve
Environmental
Services, PLLC
January 25, 2018
Phase I Environmental Site Assessment for
Mr. John Dippert
Resolve
Environmental
Services, PLLC
February 28, 2017
Phase II Environmental Site Assessment for
Mr. John Dippert
Resolve
Environmental
Services, PLLC
May 8, 2017
Integrated Preliminary Assessment/Site
Inspection Summit Resource Management
Site
Division of Solid
Waste Management,
NCDENR
May 1995
Removal Investigation Report, Revision 0 for
USEPA
Oneida Total
Integrated
April 19, 2011

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Title Prepared by Date of Report
Final Removal Site Evaluation, National
Petroleum Packers, for USEPA
TN & Assoc., Inc. for
USEPA
November 21, 2007

6. For purposes of this Agreement, DEQ relies on the following representations by
Prospective Developer as to use and ownership of the Brownfields Property:
a. The Brownfields Property is currently owned by Boulous Family Holdings,
LLC. Recent owners of the Brownfields Property have included: Boulous Family Holdings, LLC
(2011-2018); Boulous Family Properties, LLC (2000-2011); and Robert G. Shory, III (1986-
2000).
b. Historical data from the North Carolina Department of Environment, Health,
and Natural Resources (NCDEHNR) refers to a possible asphalt plant at the Brownfields
Property on North Carolina Department of Transportation (NCDOT) aerial photographs in 1975.
Industrial activities were conducted on the Brownfield Property from approximately 1983 until
1998.
c. According to the NCDEHNR’s Superfund Section’s May 1995 Preliminary
Site Assessment/Site Inspection, Chemstreams, Inc. was one of five companies that operated
glycol recycling at the Brownfields Property between 1991 and 1995. Companies operating on
the Brownfields Property included Novachem, Distech, Inc., Chemstreams, Summit Resource
Management and National Petroleum Packers.
d. Operations on the Brownfields Property included ethylene glycol recycling and
manufacturing of brake fluid, antifreeze and window washer fluid. These operations were also
conducted on the adjoining property to the west at 3481 Gribble Road.

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e. In 1993, the Brownfields Property was leased to Mr. Chehade Boulos and it
became National Petroleum Packers. National Petroleum Packers operated at the Brownfields
Property from 1993 until 1998. In May 2000, the facility was purchased at auction by Boulos
Family Properties, LLC; however, operations at the facility were never resumed.
f. The Brownfields Property is currently leased by WOD Ventures, LLC and used
to store parked vehicles. One 10,000 sq. ft. warehouse and two concrete block storage sheds are
present on the Brownfields Property.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. A United States Environmental Protection Agency (EPA) enforcement action
(NCD986232213) was conducted on the property adjacent to the Brownfields Property located at
3481 Gribble Road and on the Brownfields Property from September 1993 to May 1994. As part
of the removal action, environmental samples were collected at the Brownfield Property. Results
from soil and groundwater samples collected at the Brownfields Property by the EPA contractor
did not show exceedances of current screening levels.
b. In March 2007, the Brownfields Property was referred to the EPA for a
removal evaluation. Multimedia screening and sampling events were conducted between June
and August 2007 (NCD986205060). Air monitoring, hazard categorization/inventory/sampling
of approximately 500 55-gallons drums, 27 aboveground storage tanks (ASTs), three 300-gallon
totes and several tank trucks stored on-site was conducted. In addition, soil and ground water
samples were collected and analyzed. Arsenic was detected in the surface and subsurface soil
samples above industrial screening levels.

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c. EPA-directed field removal activities were conducted between October 2010
and February 2011 at the Brownfields Property, including dismantling the plant.
d. EPA-directed soil sampling activities were conducted at the Brownfields
Property in January 2011, including the collection and laboratory analysis of 25 subsurface soil
samples. One subsurface soil sample exhibited tetrachloroethylene (PCE) at a concentration
above the EPA Region 4 regional screening level (RSL). The soil was removed to the depth of
the underlying clay layer and disposed of off-site in accordance with applicable regulations.
Concentrations of arsenic in soil also exceeded the non-residential NCDEQ soil screening level.
The Brownfields Property was referred to the Superfund Remedial and Site Evaluation Branch
(SRSEB) for ground water contamination assessment.
e. The Brownfields Property was subsequently assigned low priority status by
the NCDENR Inactive Hazardous Sites Branch (IHSB) as Summit Resources Management, Site
ID # NCD986232213.
f. Additional site assessments of the Brownfields Property were completed by
Resolve Environmental Services, PLLC in April 2017. Groundwater, subsurface soil samples,
and soil vapor samples were collected in December 2017. Results from the groundwater
investigation indicated that concentrations of some volatile organic compounds (VOCs)
exceeded NC 2L Standards. Additionally, results from the soil vapor investigation showed
exceedances of non-residential vapor intrusion screening levels (VISL). Specific compounds
exceeding screening criteria are listed in Exhibit 2, which exhibit is referenced in the following
paragraph.
8. The most recent environmental sampling at the Brownfields Property reported in the

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Environmental Reports occurred on December 19, 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.
9. 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 obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (BPA) dated August 9, 2017, contracting
to purchase the Brownfields Property on January 23, 2017, and leasing the Brownfields Property
to park vehicles beginning on August 1, 2017.
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:
a. 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);
b. 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;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;

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d. 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
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 Department 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:
a. a return to productive use of the Brownfields Property;
b. an increase in tax revenue for affected jurisdictions;
c. encourage additional community investment and development in the area;
d. “smart growth” through use of land in an already developed area, which avoids
development of land beyond the urban fringe (“greenfields”).

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,
using 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.
14. 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 IX 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) or Living Environmental Management Plan (LEMP) required by this Section.
15. By way of the Notice of Brownfields Property referenced below in paragraph 21,
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 industrial,
office, warehouse, parking uses, and with prior written DEQ approval, other commercial uses.
For purposes of this restriction, the following definitions apply:
i. “Industrial” defined as the assembly, fabrication, processing,
warehousing or distribution of goods or materials.
ii. “Parking” defined as the temporary accommodation of motor vehicles

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in an area designed for same.
iii. “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 of a group of establishments in a particular type of industry or commercial
activity.
iv. “Commercial” defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
v. “Office” defined as the provision of business or professional services.
b. Unless compliance with this Land Use Restriction is waived in writing by DEQ
in advance in regard to particular activity, no activities that encounter, expose, remove or use
groundwater (for example, installation of water supply wells, ponds, lakes or swimming pools, or
construction or excavation activities that encounter or expose groundwater) may occur on the
Brownfields Property unless and until DEQ states in writing, in advance of the proposed activity,
that said activity may occur if carried out along with any measures DEQ deems necessary to
ensure the Brownfields Property will be suitable for the uses specified above in subparagraph
15.a while fully protecting public health and the environment. Prior sampling and analysis of
groundwater to the written satisfaction of DEQ in any areas proposed for such activities, and
submittal of the analytical results to DEQ is required. If such results reflect contaminant
concentrations that exceed the standards and screening levels applicable to the uses authorized
for the Brownfields Property, the groundwater-related activities proposed may only occur in
compliance with any written conditions DEQ imposes. Activities may occur if carried out along

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with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for
the uses specified above in subparagraph 15.a while fully protecting public health and the
environment.
c. 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 below in subparagraph 15.g.
d. 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 below in paragraph 21, may be occupied (provided, however, that the PD’s
provision of data collected within 60 days before or after the date of this Agreement
demonstrating that indoor air concentrations of target compounds are below applicable
commercial/industrial screening levels shall satisfy the requirements of this paragraph with
regard to the existing building, as depicted on the plat) until DEQ determines in writing that:
i. 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
ii. 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
iii. vapor intrusion mitigation measures are installed and/or implemented
to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said

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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.
e. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
below in paragraph 21 shall be in accordance with applicable legal requirements, including
without limitation those related to lead and asbestos abatement that are administered by the
Health Hazards Control Unit within the Division of Public Health of the North Carolina
Department of Health and Human Services.
f. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan (“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:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;

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ii. issues related to potential sources of contamination referenced in
Exhibit 2;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, 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;
g. As part of the Land Use Restriction Update required by paragraph 15.n. 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:
i. actions taken on the Brownfields Property in accordance with Section
V: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. 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

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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).
h. 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.
i. 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 __________ 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 and other
confidential information 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 said leases, to the persons listed in
Section XV.

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j. 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 quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. 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; or
iii. as managed in compliance with a site-specific plan prepared by the
then owner of the Brownfields Property and approved in writing by DEQ such that, should a
release of those substances occur at the Brownfields Property, the subject contaminants in that
release would be distinguishable with certainty from the subject contaminants in any known
release at the Brownfields Property that predates this Agreement.
k. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants 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.
l. The Brownfields Property may not be used for child care, adult care centers or
schools without the prior written approval of DEQ.

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m. During January of each year after the year in which the Notice referenced
below in paragraph 21 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to
DEQ, and to the chief public health and environmental officials of Union County, certifying that,
as of said January 1st, the Notice of Brownfields Property containing these land use restrictions
remains recorded at the Union County Register of Deeds office and that the land use restrictions
are being complied with. The submitted LURU shall state the following:
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;
ii. 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;
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 15.d, 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.
iv. whether products containing hazardous substances used or stored at
the Brownfields Property are being managed in compliance with the plan required by
subparagraph 15.j.iii., above.
v. LURU’s submitted for any portion of the Brownfields Property that
contains rental units shall include a list of tenants and their addresses.

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vi. A LURU submitted for rental units shall include the rent roll and
enough of each lease entered into during the previous calendar year to demonstrate compliance
with lessee notification requirements in paragraphs 15.i and 22 of this agreement provided that if
standard form leases are used in every instance, a copy of such standard form lease may be sent
in lieu of copies of actual leases.
16. The desired result of the above-referenced remediation and 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.
17. 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.
18. 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 the Division
of Waste Management Vapor Intrusion Guidance, as embodied in their most current version.
19. 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
20. In addition to providing access to the Brownfields Property pursuant to subparagraph

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15.h, 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
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.
21. 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 Union
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.

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22. 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: “This property is subject
to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property
recorded in the Union 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 and other confidential information 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. Prospective Developer may use the following mechanisms
to comply with the obligations of this paragraph: (i) 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 (Notices 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.
23. 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
24. 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

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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, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced below in subparagraph 36.a.
of any such required notification.
VIII. CERTIFICATION
25. 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 August 9, 2017, by which it applied for this
Agreement. That use is industrial, office, warehouse, parking uses, and with prior written DEQ
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.

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IX. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
26. 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:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
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.
c. 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.
d. 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.
e. 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

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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.
f. The level of risk to public health or the environment from contaminants is
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.
g. 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.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
27. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
28. 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.

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29. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 26 through 28 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 DEVELOPER'S COVENANT NOT TO SUE
30. 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
31. 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
32. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, 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

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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.
33. Except for the land use restrictions set forth above in paragraph 15 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 or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XIII. DOCUMENT RETENTION
34. 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 retrieved 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. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal

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basis upon which they are being withheld. 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 business information.
XIV. PAYMENT OF ENFORCEMENT COSTS
35. 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 enforce this Agreement
or otherwise obtain compliance.
XV. NOTICES AND SUBMISSIONS
36. 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:
William 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:

John Dippert (or successor in function)
WOD Ventures, LLC
9529 Hinson Drive
Matthews, NC, 28105

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

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written evidence of date of receipt shall be effective on such date.
XVI. EFFECTIVE DATE
37. 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 PROVISIONS
38. 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
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 PROTECTION
39. 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

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by DEQ or any other person in relation to the Brownfields Property.
40. 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.
41. 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
42. 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 occurs: 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
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.

IT IS SO AGREED:

28

21040-17-090/ Chemstreams, Inc. (20180627 Draft)
PPAB 4154363v1
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
____________________________________________________________________________
Michael E. Scott Date
Director, Division of Waste Management

IT IS SO AGREED:
WOD Ventures, LLC
By:
____________________________________________________________________________
Name typed or printed: Date
Title typed or printed:

SCALE 1:24000
0 1000 2000 3000 4000 5000 6000
Feet
Declination
MN 7.84°WGN 0.18° E
MNGN
FIGURE 1 - SITE LOCATION MAP
Former Chemstreams Inc.
3501 Gribble Road
Stallings, Union County, NC
Project No. 21040-17-090
RESOLVE ENVIRONMENTAL SVCS, PLLC
January 19, 2018
Exhibit 1

21040-17-090/Chemstreams, Inc. (DRAFT)

1

Exhibit 2

The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on December 19,2017. 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 groundwater 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
Date of
Sampling
Concentration
Exceeding
Standard (g/L)
Standard
(g/L)
Benzene TW-3 4/11/17 1.2 1.0
Vinyl Chloride TW-1 4/11/17 0.98J 0.03
Vinyl Chloride TW-3 4/11/17 51.1 0.03
Vinyl Chloride TW-6 4/11/17 0.58J 0.03
Vinyl Chloride TW-7 4/11/17 1.2 0.03
Vinyl Chloride TW-8 4/11/17 2.2 0.03
Vinyl Chloride TW-9 4/11/17 0.49J 0.03
Chromium TW-7 4/11/17 14.7 10
Chromium TW-8 4/11/17 17.3 10
Lead TW-8 4/11/17 16.3 15
J-estimated value below the laboratory reporting limit

SOIL

Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial Health- Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section
(October 2017 version):

21040-17-090/Chemstreams, Inc. (DRAFT)

2
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Industrial
Screening
Level1 (mg/kg)
Arsenic NPP-SS-01 2 8/27/2007 4.26 3.0
Arsenic NPP-SS-02 2 8/27/2007 39.3 3.0
Arsenic NPP-SS-03 2 8/27/2007 14.9 3.0
Arsenic NPP-SS-04 2 8/27/2007 5.68 3.0
Arsenic NPP-SS-05 2 8/27/2007 4.59 3.0
Arsenic NPP-SS-06 2 8/27/2007 3.68 3.0
Arsenic NPP-SS-07 2 8/27/2007 5.2 3.0
Arsenic NPP-SS-08 2 8/27/2007 7.58 3.0
Arsenic NPP-SS-10 2 8/27/2007 4.7 3.0
Arsenic NPP-SB04 6-7 1/2011 3.91 3.0
Arsenic NPP-SB05 5-6 1/2011 4.04 3.0
Arsenic NPP-SB-
16 5-6 1/2011 3.02 3.0
1Screening 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.
J-estimated value below the laboratory reporting limit

SOIL GAS

Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from Non-Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (October 2017 version):

Soil Gas
Contaminant

Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening Level
(g/m3)
Non-Residential
Screening
Limit1
(g/m3)
Chloroform VP-3 12/19/17 610 530
Chloroform VP-6 12/19/17 781 530
Ethylbenzene VP-8 12/19/17 146000 4900
Heptane VP-8 12/19/17 463000 35000
Trichloroethylene VP-8 12/19/17 747 180
Vinyl Chloride VP-8 12/19/17 6930J 2800
m,p-Xylene VP-8 12/19/17 608000 8800
m,p-Xylene VP-3 12/19/17 12100 8800
m,p-Xylene VP-4 12/19/17 11900 8800
o-Xylene VP-8 12/19/17 110000 8800

21040-17-090/Chemstreams, Inc. (DRAFT)

3
Xylenes (total) VP-8 12/19/17 717000 8800
Xylenes (total) VP-3 12/19/17 15500 8800
Xylenes (total) VP-4 12/19/17 15300 8800
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.

ASSOCIATES3501 Gribble Road, Town of Stallings, Union County, NCProspective Developer: WOD Ventures, LLCPID# 017-129-333B (Project # 21040-17-090)Brownfields Project Name : Chemstreams, Inc.Sheet 1 of 2MCM 6-20-18MCM 6-22-18Property Owner : Boulos Family Holdings, LLC MCM 6-27-18
ASSOCIATES § Sheet 2 of 2EXHIBIT 2 The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred on December 19, 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 groundwater 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 Date of Sampling Concentration Exceeding Standard (mg/L) Standard (mg/L) Benzene TW-3 4/11/17 1.2 1.0 Vinyl Chloride TW-1 4/11/17 0.98J 0.03 Vinyl Chloride TW-3 4/11/17 51.1 0.03 Vinyl Chloride TW-6 4/11/17 0.58J 0.03 Vinyl Chloride TW-7 4/11/17 1.2 0.03 Vinyl Chloride TW-8 4/11/17 2.2 0.03 Vinyl Chloride TW-9 4/11/17 0.49J 0.03 Chromium TW-7 4/11/17 14.7 10 Chromium TW-8 4/11/17 17.3 10 Lead TW-8 4/11/17 16.3 15 J-estimated value below the laboratory reporting limit SOIL Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the screening levels for which are derived from the Preliminary Industrial Health- Based Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section (October 2017 version): Soil Contaminant Sample Location Depth (ft) Date of Sampling Concentration Exceeding Screening Level (mg/kg) Industrial Screening Level1 (mg/kg) Arsenic NPP-SS-01 2 8/27/2007 4.26 3.0 Arsenic NPP-SS-02 2 8/27/2007 39.3 3.0 Arsenic NPP-SS-03 2 8/27/2007 14.9 3.0 Arsenic NPP-SS-04 2 8/27/2007 5.68 3.0 Arsenic NPP-SS-05 2 8/27/2007 4.59 3.0 Arsenic NPP-SS-06 2 8/27/2007 3.68 3.0 Arsenic NPP-SS-07 2 8/27/2007 5.2 3.0 Arsenic NPP-SS-08 2 8/27/2007 7.58 3.0 Arsenic NPP-SS-10 2 8/27/2007 4.7 3.0 Arsenic NPP-SB04 6-7 1/2011 3.91 3.0 Arsenic NPP-SB05 5-6 1/2011 4.04 3.0 Arsenic NPP-SB-16 5-6 1/2011 3.02 3.0 1Screening 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. J-estimated value below the laboratory reporting limit. SOIL GAS Soil gas contaminants in micrograms per cubic meter, the screening levels for which are derived from Non-Residential Vapor Intrusion Screening Levels of the Division of Waste Management (October 2017 version): Soil Gas Contaminant Sample Location Date of Sampling Concentration Exceeding Screening Level (mg/m3) Non-Residential Screening Limit1 (mg/m3) Chloroform VP-3 12/19/17 610 530 Chloroform VP-6 12/19/17 781 530 Ethylbenzene VP-8 12/19/17 146000 4900 Heptane VP-8 12/19/17 463000 35000 Trichloroethylene VP-8 12/19/17 747 180 Vinyl Chloride VP-8 12/19/17 6930J 2800 m,p-Xylene VP-8 12/19/17 608000 8800 m,p-Xylene VP-3 12/19/17 12100 8800 m,p-Xylene VP-4 12/19/17 11900 8800 o-Xylene VP-8 12/19/17 110000 8800 Xylenes (total) VP-8 12/19/17 717000 8800 Xylenes (total) VP-3 12/19/17 15500 8800 Xylenes (total) VP-4 12/19/17 15300 8800 1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk. LAND USE RESTRICTIONSNCGS § 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 industrial, office, warehouse, parking uses, and with prior written DEQ approval, other commercial uses. For purposes of this restriction, the following definitions apply:a. "Industrial" defined as the assembly, fabrication, processing, warehousing or distribution of goods or materials.b. "Parking" defined as the temporary accommodation of motor vehicles in an area designed for same.c. "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 of a group of establishments in a particular type of industry or commercial activity.d. "Commercial" defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.e. "Office" defined as the provision of business or professional services.2. Unless compliance with this Land Use Restriction is waived in writing by DEQ in advance in regard to particular activity, no activities that encounter, expose, remove or use groundwater (for example, installation of water supply wells, ponds, lakes or swimming pools, or construction or excavation activities that encounter or expose groundwater) may occur on the Brownfields Property unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified above in Land Use Restriction No. 1 while fully protecting public health and the environment. Prior sampling and analysis of groundwater to the written satisfaction of DEQ in any areas proposed for such activities, and submittal of the analytical results to DEQ is required. If such results reflect contaminant concentrations that exceed the standards and screening levels applicable to the uses authorized for the Brownfields Property, the groundwater-related activities proposed may only occur in compliance with any written conditions DEQ imposes. Activities may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified above in Land Use Restriction No. 1 while fully protecting public health and the environment. 3. 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 below in Land Use Restriction No. 6.4. 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 (provided, however, that the PD's provision of data collected within 60 days before or after the effective date of the attached Exhibit A and demonstrating that indoor air concentrations of target compounds are below applicable commercial/industrial screening levels shall satisfy the requirements of this Land Use Restriction with regard to the existing building, as depicted on the plat) until DEQ determines in writing that:a. 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; orb. 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; orc. vapor intrusion mitigation measures are installed and/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. 5. Unless compliance with this Land Use Restriction is waived in writing in advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all buildings on the Brownfields Property depicted on the plat component of this Notice shall be in accordance with applicable legal requirements, including without limitation those related to lead and asbestos abatement that are administered by the Health Hazards Control Unit within the Division of Public Health of the North Carolina Department of Health and Human Services.6. Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an Environmental Management Plan ("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: a. soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports;b. issues related to potential sources of contamination referenced in Exhibit 2 of the attached Exhibit A;c. contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil contamination); andd. plans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated during redevelopment;LAND USE RESTRICTIONS7. As part of the Land Use Restriction Update required by Land Use Restriction No. 13 and 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:a. actions taken on the Brownfields Property in accordance with Section V: Work to be Performed of the attached Exhibit A; b. soil grading and cut and fill actions;c. methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media;d. 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; ande. 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).8. 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.9. 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 __________ 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 and other confidential information 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 Land Use Restriction: (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 Land Use Restriction, 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 said leases, to the persons listed in Section XV.10. 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:a. in de minimis quantities for cleaning and other routine housekeeping and maintenance activities; b. 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; orc. as managed in compliance with a site-specific plan prepared by the then-owner of the Brownfields Property and approved in writing by DEQ such that, should a release of those substances occur at the Brownfields Property, the subject contaminants in that release would be distinguishable with certainty from the subject contaminants in any known release at the Brownfields Property that predates the attached Exhibit A.11. The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants 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.12. The Brownfields Property may not be used for child care, adult care centers or schools without the prior written approval of DEQ.13. 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 1st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the chief public health and environmental officials of Union County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Union County Register of Deeds office and that the land use restrictions are being complied with. The submitted LURU shall state the following:a. 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;b. 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;c. whether any vapor barrier and/or mitigation systems installed pursuant to Land Use Restriction No. 4, 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.d. whether products containing hazardous substances used or stored at the Brownfields Property are being managed in compliance with the plan required by Land Use Restriction No. 10, above.e. LURUs submitted for any portion of the Brownfields Property that contains rental units shall include a list of tenants and their addresses.f. A LURU submitted for rental units shall include the rent roll and enough of each lease entered into during the previous calendar year to demonstrate compliance with lessee notification requirements in Land Use Restriction No. 9 above and paragraph 22 of the attached Exhibit A provided that if standard form leases are used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual leases.For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ official referenced in subparagraph 36.a. of the attached Exhibit A, at the address stated therein.MCM 6-20-18MCM 6-22-18Property Owner : Boulos Family Holdings, LLC Brownfields Project Name : Chemstreams, Inc. (Project # 21040-17-090)PID# 017-129-333B Prospective Developer: WOD Ventures, LLC3501 Gribble Road, Town of Stallings, Union County, NCMCM 6-27-18
PPAB 4047923v1
EXHIBIT C – LEGAL DESCRIPTION
BEGINNING at an old P.K. Nail in the center line of S.R. 1368 (Gribble Road), said point being
the southern most corner of the property of Blazek and Toal Enterprises (now or formerly)
described in Book 383, Page 273, in the Union County Public Registry; and running from said
Beginning point N. 45-03-21 E. 448.17 feet to a point in the center of the right of way of
Seaboard Coastline Railroad; thence, with the center of the right of way of Seaboard Coastline
Railroad, S. 44-59-54 E. 270.49 feet to the comer of the property of S & O Properties; thence
with the line of S & O Properties, S. 45-06-18 W. 516.49 feet to an old railroad spike in the
center line of Gribble Road; thence with the center line of Gribble Road, N. 30-47-51 W. 278.49
feet to the point and place of beginning; and containing 2.99 acres, more or less, as shown on
survey of Samuel P. Malone, Jr., N.C.R.L.S., dated March 14, 1987, reference to which is hereby
made.