18060_Cooper Bussmann Public Comment package

18060-14-096 / Cooper Bussmann Facility

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Property Owner: Wayne County Development Alliance, Inc.
Recorded in Book ____, Page ____
Associated plat recorded in Plat Book ____, Page ____

NOTICE OF BROWNFIELDS PROPERTY
Site Name: Cooper Bussmann Facility
Brownfields Project Number: 18060-14-096

This documentary component of a Notice of Brownfields Property (“Notice”), as well
as the plat component, have been filed this _____ day of __________________, 2018 by
Wayne County Development Alliance, Inc. (“Prospective Developer”).

This Notice concerns contaminated property.

A copy of this Notice certified by the North Carolina Department of Environment al
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 210 Dixie Trail, Goldsboro, North Carolina and is
comprised of one parcel (Wayne County Tax Parcel Identification Number 2598668317) totaling
7.77 acres. Prospective Developer has committed itself to redevelopment for no uses other than
industrial, office, institutional, parking and with prior written approval from DEQ, other
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commercial uses.

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 land use restrictions below have been excerpted verbatim from paragraph 15 of
the Brownfields Agreement, and all subparagraph letters/numbers are the same as those
used in the Brownfields Agreement. The following land use restrictions are hereby imposed
on the Brownfields Property:

a. No use may be made of the Brownfields Property other than for industrial,
office, institutional, parking, and with prior written approval from DEQ, other commercial uses.
For purposes of this restriction, the following definitions apply:
i. “Industrial” is defined as the assembly, fabrication, processing,
warehousing, or distribution of goods or materials.
ii. “Office” is defined as the provision of business or professional services.
iii. “Institutional” is defined as the use of land, buildings or structures for
public, non-profit or quasi-public purposes, such as libraries, community centers, post-secondary
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education facilities, or health care facilities.
iv. “Parking” is defined as the temporary accommodation of motor
vehicles in an area designed for same.
v. “Commercial” is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.

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

c. 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;
ii. issues related to potential sources of contamination referenced in
Exhibit 2 to this Agreement;
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.

d. No use of the Brownfields Property as specified above in subparagraph 15.a.
may occur until the then-owner of the Brownfields Property conducts representative final grade
soil sampling pursuant to a plan approved in writing by DEQ of any area of the Brownfields
Property that will not be covered by building foundations, sidewalks, or asphaltic or concrete
parking areas and driveways unless otherwise approved in writing by DEQ in advance.

e. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ.

f. No activity that disturbs soil on the Brownfields Property may occur 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 in subparagraph 15.a. above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
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such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken and;
iv. in connection to work conducted in accordance with the EMP as
outlined above in subparagraph 15.c.

g. 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 above in subparagraph 15.c.

h. By January 31 of each one-year anniversary of the effective date of this
Agreement, 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:
i. actions taken on the Brownfields Property in accordance with the EMP
required by subparagraph 15.c 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
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).

i. 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.

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. as fuel or other fluids customarily used in vehicles, landscaping
equipment, and emergency generators; and
iii. as constituents of products and materials customarily used and stored
in industrial, office, institutional, or commercial environments, provided such products and
materials are stored in original retail packaging and used and disposed of in accordance with
applicable laws.
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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. Within 60 days after the effective date of this Agreement or prior to land
disturbance activities, Prospective Developer shall abandon monitoring wells, injection wells,
recovery wells, piezometers, water supply wells and other man-made points of groundwater
access at the Brownfields Property, in accordance with Subchapter 2C of Title 15A of the North
Carolina Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days
after doing so, the Prospective Developer shall provide DEQ a report, setting forth the
procedures and results.

m. 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 Wayne
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 subparagraph:
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
subparagraph, 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.

n. During January of each year after the year in which the Notice referenced
below in paragraph 20 is recorded, the owner of any part of the Brownfields Property as of
January 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 Wayne County, certifying
that, as of said January 1st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Wayne 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; and
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.

For purposes of the land use restrictions set forth above, the DEQ point of contact shall be
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the DEQ official referenced in subparagraph 35.a. of Exhibit A hereto, at the address stated
therein.

ENFORCEMENT

The above land use restrictions shall be enforceable without regard to lack of privity of
estate or contract, lack of benefit to particular land, or lack of any property interest in particular
land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The
land use restrictions may also be enforced by DEQ through the remedies provided in NCGS §
130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having
jurisdiction over any part of the Brownfields Property; and by any person eligible for liability
protection under the Brownfields Property Reuse Act who will lose liability protection if the
restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the
Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement
by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any
of the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to
the same violation or as to one occurring prior or subsequent thereto.

FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS

When any portion of the Brownfields Property is sold, leased, conveyed or transferred,
pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the
description section, in no smaller type than that used in the body of the deed or instrument, a
statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a
brownfields property under the Brownfields Property Reuse Act.

IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this _____ day of _______________, 2018.

Wayne County Development Alliance, Inc.

By: __________________________________________
Mark Pope
President

NORTH CAROLINA
_______________ COUNTY

I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated: ________________________________.
Date: ___________________ ___________________________________
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Official Signature of Notary

___________________________________
(Official Seal) Notary’s printed or typed name, Notary Public
My commission expires: _____________________

************************************

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: Wayne County Development Alliance, Inc.

UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Cooper Bussmann Facility
OF 1997, NCGS § 130A-310.30, et seq. ) 210 Dixie Trail
Brownfields Project # 18060-14-096 ) Goldsboro, Wayne County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and Wayne County Development Alliance, Inc.
(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 210 Dixie Trail (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.
Wayne County Development Alliance, Inc. is a non-profit corporation formed on March
10, 2006 to lead in economic development initiatives for Wayne County, North Carolina. The
operations of Wayne County Development Alliance, Inc. are overseen by a Board of Directors
and the Wayne County Manager. The Chair of the Board is Joe Scott, the President is Mark
Pope, the Existing Industry Manager is Tiffancy Creech, and the Wayne County Manager is
Craig Honeycutt. The registered office address is 309 E. Chestnut Street in Goldsboro, NC
27533 and the mailing address is PO Box 1280, Goldsboro, NC 27533-1280. Wayne County
Development Alliance, Inc. has committed itself to redevelopment for no uses other than

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industrial, office, institutional, parking, and with prior written approval from DEQ, other
commercial uses.
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 Wayne County Development Alliance, Inc. for contaminants at the
Brownfields Property.
The Parties agree that Wayne County Development Alliance, Inc.’s entry into this
Agreement, and the actions undertaken by Wayne County Development Alliance, Inc. in
accordance with the Agreement, do not constitute an admission of any liability by Wayne
County Development Alliance, Inc. for contaminants at the Brownfields Property. The
resolution of this potential liability, in exchange for the benefit Wayne County Development
Alliance, Inc. shall provide to DEQ, is in the public interest.
II. DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
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 Wayne County Development Alliance, Inc.

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III. STATEMENT OF FACTS
3. The Brownfields Property comprises one parcel (Wayne County Tax Parcel
Identification Number 2598668317) totaling 7.77 acres located at 210 Dixie Trail, Goldsboro,
North Carolina. Prospective Developer has committed itself to redevelopment for no uses other
than industrial, office, institutional, parking and with prior written approval from DEQ, other
commercial uses.
4. The Brownfields Property is bordered to the north by Dixie Trail, beyond which are
residences; to the east by the AP Exhuast Technologies, Inc industrial campus; to the south by
residences; and to the west by South John Street, beyond which are residences and the A & K
Grill.
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
Site Conditions Questionnaire Golder Associates July 8, 2014
Response to Notice of Eligibility/Results of
Supplemental Phase II Activities Golder Associates October 9, 2014
Report of Phase I Environmental Site
Assessment
Duncklee &
Dunham, P.C. December 10, 2014
Sampling in Response to the NCDENR
Response Letter (November 6, 2014), Cooper
Bussman Goldsboro
Golder Associates February 24, 2015
Receptor Survey Duncklee &
Dunham, P.C. June 2016

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. Prior to 1937 and at least until 1959, the Brownfields Property was utilized for

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agricultural purposes.
b. On June 25, 1973, the Brownfields Property was acquired by the Goldsboro
Development Committee of 100 from Wochovia Bank and Trust Company, N.A., Trustee for
Mary C. Robinson under Article IX of the Last Will and Testament of M.E. Robinson, Deceased,
and Wachovia Bank and Trust Company, N.A., Trustee under Article IX of the Last Will and
Testament of M.E. Robinson.
c. On July 24, 1973, the Brownfields Property was acquired by Horay Properties,
Inc. from the Goldsboro Development Committee of 100.
b. In 1973, a metal building was constructed on the northeast portion of the
Brownields Property. By 1974, McGraw-Edison occupied the building for the purpose of
manufacturering electrical equipment and components. The 1977 City Directory Listing
indicates that Sycor, Inc. maintained the address of the Brownfields Property. The building was
expanded first between 1977 and 1983 and then again to its current configuration between 1983
and 1993.
c. On June 1, 1984, the Brownfields Property was acquired by McGraw-Edison
from Horay Properties, Inc.
d. In 1985, Cooper Industries, Inc. was acquired by McGraw-Edison. Electronic
component manufacturing operations continued at the Brownfields Property by Cooper
Bussmann, a wholly owned subsidiary of Cooper Industries, Inc., under various corporate
entities (Cooper Bussmann, Inc., Cooper Bussman, LLC, and Bussmann International Holdings,
LLC). Cooper Bussman’s operations included the manufacturing of fuse holders and breakers

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using injection molding operations and automated assembly. Cooper Bussmann ceased
operations at the site in December 2014; since that time the building has remained vacant.
e. On May 11, 2000, the Brownfields Property was transferred via a Special
Warranty Deed from CI Acquisitions Company (Successor via merger to the McGraw-Edison
Company) to Cooper Bussmann, Inc.
f. On Janurary 12, 2015, the Prospective Developer purchased the Brownfields
Property from Bussmann International Holdings, LLC, Successor in Interest to Cooper
Bussmann, LLC.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. Cooper Bussman (US EPA ID NCD982137101) operated at the Brownfields
Property as a conditionally exempt small quantity generator from October 28, 1998 until October
31, 2012. Cooper Bussmann produced the following wastes associated with their manufacturing
operations at the Brownfields Property: D001 (Ignitable Hazardous Waste); D002 (Corrosive
Hazardous Waste, pH<2); D006 (Cadmium); D008 (Lead); D011 (Silver); F003 & F005 (Spent
No-Halogenated Solvents).
b. Cooper Bussmann also maintained an Air Permit (Permit #05040R07) issued
November 28, 2012 by the North Carolina Division of Environmental and Natural Resources
(NCDENR) Division of Air Quality and a Stormwater No Exposure Exclusion Certification
(Permit # NCGNE0033) issued on August 14, 2012 by the NCDENR Division of Water Quality.
c. An approximate 900-gallon concrete pit, used as a temporary holding structure

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for waste oil, is located on the western exterior side of the main building. The pit received waste
propylene glycol-hydraulic oil mix via concrete trenches from within the building. Use of the pit
ceased by the end of June 2014. Sometime prior to June 9, 2017, the pit was filled with concrete
and rendered unuseable.
d. Operations at the Brownfields Property included the use of small quantities of
trichloroethylene (TCE) to remove labels and to clean some small metal items prior to those
items being soldered. No TCE or other chlorinated solvents were detected in the soil or
groundwater during assessment of the Brownfields Property.
e. Soil and groundwater sampling was conducted on the Brownfields Property on
September 9, 2009.
f. On August 12, 2014, Cooper Bussmann (NONCD0002598) was requested by
the Inactive Hazardous Sites Branch (IHSB) to enter into the IHSB Registered Environmental
Consultant (REC) Program.
g. As requested by the IHSB, additional soil and groundwater assessment was
conducted at the Brownfields Property in two separate events, July 14 -15, 2014 and November
25, 2014. There were no detections above Industrial/Commercial PSRGs in soil samples or
above the NCAC 2L Standard in groundwater samples. Therefore, representatives of Cooper
Bussmann petitioned the IHSB that the site warranted neither additional assessment nor entry
into the REC Program.
h. On March 6, 2015, the IHSB issued a No Further Action (NFA) letter to
Cooper Bussmann and the site was transferred onto IHSB’s NFA category of sites.

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8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on November 25, 2014. 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 November 24, 2014, and
the following:
a. contracting to purchase the Brownfields Property on November 21, 2014; and
b. purchasing the property on January 12, 2015.
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;

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c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
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. Prospective Developer has paid to DEQ the $2,000 fee to seek a brownfields
agreement required by NCGS § 130A-310.39(a)(1), and shall make a payment to DEQ of $6,000
at the time Prospective Developer and DEQ enter into this Agreement, defined for this purpose
as occurring no later than the last day of the public comment period related to this Agreement.
The Parties agree that such fees will suffice 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 and elimination of the

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drawbacks of unoccupied property;
b. the expansion of business and creation of jobs;
c. an increase in tax revenue for affected jurisdictions;
d. additional industrial, office, institutional, parking and commercial space;
e. “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
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) required by this Section.
15. By way of the Notice of Brownfields Property referenced below in paragraph 20,
Prospective Developer shall impose the following land use restrictions under the Act, running

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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, institutional, parking, and with prior written approval from DEQ, other commercial uses.
For purposes of this restriction, the following definitions apply:
i. “Industrial” is defined as the assembly, fabrication, processing,
warehousing, or distribution of goods or materials.
ii. “Office” is defined as the provision of business or professional
services.
iii. “Institutional” is defined as the use of land, buildings or structures for
public, non-profit or quasi-public purposes, such as libraries, community centers, post-secondary
education facilities, or health care facilities.
iv. “Parking” is defined as the temporary accommodation of motor
vehicles in an area designed for same.
v. “Commercial” is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. The Brownfields Property may not be used for child care centers, adult care
centers or schools without the prior written approval of DEQ.
c. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved

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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;
ii. issues related to potential sources of contamination referenced in
Exhibit 2 to this Agreement;
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.
d. No use of the Brownfields Property as specified above in subparagraph 15.a.
may occur until the then-owner of the Brownfields Property conducts representative final grade
soil sampling pursuant to a plan approved in writing by DEQ of any area of the Brownfields
Property that will not be covered by building foundations, sidewalks, or asphaltic or concrete
parking areas and driveways unless otherwise approved in writing by DEQ in advance.

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e. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ.
f. No activity that disturbs soil on the Brownfields Property may occur 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 Brownfie lds Property
will be suitable for the uses specified in subparagraph 15.a. above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken and;
iv. in connection to work conducted in accordance with the EMP as
outlined above in subparagraph 15.c.
g. 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 above in subparagraph 15.c.
h. By January 31 of each one-year anniversary of the effective date of this
Agreement, 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),

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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 the EMP
required by subparagraph 15.c 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
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).
i. 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.
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

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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. as fuel or other fluids customarily used in vehicles, landscaping
equipment, and emergency generators; and
iii. as constituents of products and materials customarily used and stored
in industrial, office, institutional, or commercial environments, provided such products and
materials are stored in original retail packaging and used and disposed of in accordance with
applicable laws.
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. Within 60 days after the effective date of this Agreement or prior to land
disturbance activities, Prospective Developer shall abandon monitoring wells, injection wells,
recovery wells, piezometers, water supply wells and other man-made points of groundwater
access at the Brownfields Property, in accordance with Subchapter 2C of Title 15A of the North
Carolina Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days

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after doing so, the Prospective Developer shall provide DEQ a report, setting forth the
procedures and results.
m. 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 Wayne
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 subparagraph:
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
subparagraph, 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.
n. During January of each year after the year in which the Notice referenced
below in paragraph 20 is recorded, the owner of any part of the Brownfields Property as of
January 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 Wayne County, certifying

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that, as of said January 1st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Wayne 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; and
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.
16. 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.
17. 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.
18. 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.

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VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
19. In addition to providing access to the Brownfields Property pursuant to subparagraph
15.i. 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.
20. 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 Wayne
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

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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.
21. 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 Wayne 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.
22. 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.

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VII. DUE CARE/COOPERATION
23. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, 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 in paragraph 35.a. below of
any such required notification.
VIII. CERTIFICATION
24. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated November 24, 2014, by which it applied for this
Agreement. That use is industrial, office, institutional, parking, and with prior written approval
from DEQ, 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,

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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.
IX. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
25. 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

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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
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

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Brownfields Property under NCGS § 130A-310.35.
26. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
27. 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.
28. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 25 through 27 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
29. 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
30. 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

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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
31. 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
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.
32. Except for the land use restrictions set forth in paragraph 15 above and NCGS §
130A-310.33(a)(1)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XIII. DOCUMENT RETENTION
33. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,

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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
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
34. 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
35. 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:

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a. for DEQ:
Brad Atkinson (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646

b. for Prospective Developer:

Mark Pope (or successor in function)
Wayne County Development Alliance, Inc.
208 Malloy Street, Suite C
Goldsboro, NC, 27534

Notices and submissions sent by prepaid first class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVI. EFFECTIVE DATE
36. 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.

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XVII. TERMINATION OF CERTAIN PROVISIONS
37. 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
38. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
39. 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.
40. 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
41. This Agreement shall be subject to a public comment period of at least 30 days

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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:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
____________________________________________________________________________
Michael E. Scott Date
Director, Division of Waste Management

IT IS SO AGREED:
WAYNE COUNTY DEVELOPMENT ALLIANCE, INC
By:
____________________________________________________________________________
Mark Pope Date
President

Exhibit BFull-sized plat filed separately
Exhibit BFull-sized plat filed separately
Exhibit C – Legal Description

BEGINNING at an iron stake at the intersection of the Southern right of way of N.C. Secondary Road No.
1924 (Dixie Trail) and the Eastern right of way of N.C. Secondary Road No. 1925 (South John Street), and
said beginning point being located S. 30° 19’ 30” E. 39.13 feet from a PK nail found at the centerline
intersection of N.C. Secondary Road No. 1924 (Dixie Trail) and N. C. Secondary Road No. 1925 (South
John Street); thence from the beginning, with the Southern right of way of N. C. Secondary Road No.
1924 (Dixie Trail), S. 84° 00’ 05” E. 154.11 feet to an iron rod; thence continuing and with the Southern
right of way of N.C. Secondary Road No. 1924 (Dixie Trail), S. 84° 00’ 05”E. 576.19 feet to a concrete
monument found on the Southern right of way of N.C. Secondary Road No. 1924 (Dixie Trail), the most
Northwestern corner at said road right of way of 300 Dixie trail, LLC as shown by deed recorded in Deed
Book 3197, Page 301 in the Wayne County Registry; thence leaving the Southern right of way of N.C.
Secondary Road No. 1924 (Dixie Trail), with the line of the property of 300 Dixie Trail, LLC, S. 04° 00’
35”W. 571.86 feet to a concrete monument found, Mary Helen McArthur Jernigan’s most Northeastern
property corner as shown by deed recorded in Deed Book 3227, Page 640 in the Wayne County Registry;
thence leaving the line of the property of 300 Dixie Trail, LLC, with and beyond the line of the property
of Mary Helen McArthur Jernigan, to and with the line of the property of Landmark Legacy, LLC, and
William A. Williams, N. 65° 00’ 34”W. 668.43 feet to an iron pipe found; thence continuing N. 65° 00’ 34”
W. 200.60 feet to a concrete monument found on the Eastern right of way of N.C. Secondary Road No.
1925 (South John Street), William A. Williams’ most Northwestern property corner as shown by deed
recorded in Deed Book 1175, Page 878 in the Wayne County Registry, and said concrete monument
being located N. 19° 55’ 28” E. 130.94 feet from an iron pipe found within the most Northeastern
intersectional corner of N.C. Secondary Road No. 1925 (South John Street) and Henry Street; thence
with the Eastern right of way of N.C. Secondary Road No. 1925 (South John Street), N. 19° 55’ 28” E.
297.44 feet to an iron rod at the intersection of the Southern right of way of N.C. Secondary Road No.
1924 (Dixie Trail) and the Eastern right of way of N.C. Secondary Road No. 1925 (South John Street), the
point of beginning containing 7.7746 Acres more or less.
Exhibit 1

Cooper Bussmann / 18060

1
Exhibit 2

The most recent environmental sampling at the Property reported in the Environmental
Reports occurred on November 25, 2014. The following tables set forth, for contaminants
present at the 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.

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
(February 2018 version):
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Non-
Residential
Screening
Level1 (mg/kg)
~Bis(2-
ethylhexyl)phthalate
B-8
4.2 - 5.4
9/6/2013
810 160
~Benz[a]anthracene .1 - 1.6 71 21
~Benzo[a]pyrene .1 - 1.6 90 2.1
~Benzo[b]fluoranthene .1 - 1.6 150 21
~Benzo[g,h,i)perylene .1 - 1.6 75 NE
~Dibenz[a,h]anthracene .1 - 1.6 16 2.1
~Indeno[1,2,3-cd]pyrene .1 - 1.6 84 21
Phenanthrene .1 – 1.6 65 NE
Carbazole .1 – 1.6 7.9 NE

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.
NE – No established screening level

18060 / Cooper Bussmann Facility

1
NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Site Name: Cooper Bussmann Facility Brownfields Project Number: 18060-14-096

North Carolina’s Brownfields Property Reuse Act (the “Act”), North Carolina General Statutes
(“NCGS”) § 130A-310.30 through 130A-310.40, provides for the safe redevelopment of properties that may
have been or were contaminated by past industrial and commercial activities. One of the Act’s
requirements is this Notice of Intent to Redevelop a Brownfields Property approved by the North Carolina
Department of Environmental Quality (“DEQ”). See NCGS § 130A-310.34(a). The Notice of Intent must
provide, to the extent known, a legal description of the location of the brownfields property, a map showing
the location of the Brownfields Property, a description of the contaminants involved and their
concentrations in the media of the Brownfields Property, a description of the intended future use of the
Brownfields Property, any proposed investigation and remediation, and a proposed Notice of Brownfields
Property prepared in accordance with NCGS § 130A-310.35. The party (“Prospective Developer”) who
desires to enter into a Brownfields Agreement with DEQ must provide a copy of this Notice to all local
governments having jurisdiction over the Brownfields Property. The proposed Notice of Brownfields
Property for a particular brownfields project is attached hereto; the proposed Brownfields Agreement,
which is attached to the proposed Notice of Brownfields Property as Exhibit A, contains the other required
elements of this Notice. Written public comments may be submitted to DEQ within 30 days after the latest
of the following dates: the date the required summary of this Notice is (1) published in a newspaper of
general circulation serving the area in which the Brownfields Property is located, (2) conspicuously posted
at the Brownfields Property, and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written requests for a public meeting may be submitted to DEQ within 21 days
after the period for written public comments begins. Those periods will start no sooner than August 22,
2018, and will end on the later of: a) 30 and 21 days, respectively, after that; or b) 30 and 21 days,
respectively, after completion of the latest of the three (3) above-referenced dates. All comments and
meeting requests should be addressed as follows:
Mr. Bruce Nicholson Brownfields Program Manager Division of Waste Management NC Department of Environmental Quality
1646 Mail Service Center Raleigh, North Carolina 27699-1646

18060-14-096 / Cooper Bussmann

SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Site Name: Cooper Bussmann Facility
Brownfields Project Number: 18060-14-096

Pursuant to NCGS § 130A-310.34, Wayne County Development Alliance, Inc., as Prospective
Developer, has filed with the North Carolina Department of Environmental Quality (“DEQ”) a Notice
of Intent to Redevelop a Brownfields Property (“Property”) in Goldsboro, NC. The Brownfields
Property, which is the former site of Cooper Bussmann, consists of 7.77 acres and is located at 210 Dixie
Trail, Goldsboro, NC. Environmental contamination exists on the Brownfields Property in soil. Wayne
County Development Alliance, Inc. has committed itself to no uses other than industrial, office,
institutional, parking and commercial uses on the Brownfields Property. The Notice of Intent to
Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement between DEQ and
Wayne County Development Alliance, Inc., which in turn includes (a) a map showing the location of the
Property, (b) a description of the contaminants involved and their concentrations in the media of the
Property, (c) the above-stated description of the intended future use of the Brownfields Property, and (d)
proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in
accordance with NCGS § 130A-310.35.

The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at Wayne County
Public Library by contacting Donna Phillips at 919-735-1824, [e-mail], or 1001
E. Ash St, Goldsboro, NC; or at the offices of the N.C. Brownfields Program, 217 West Jones St, Raleigh,
NC or by contacting Shirley Liggins at that address, at [e-mail], or at (919) 707-
8383. The full Notice of Intent may also be viewed online at the DEQ public record database, Laserfiche,
by entering the project number 18060-14-096 into the search bar at the following web address:
http://edocs.deq.nc.gov/WasteManagement.

Written public comments may be submitted to DEQ within 30 days after the latest of the
following dates: the date this Notice is (1) published in a newspaper of general circulation serving the
area in which the Brownfields Property is located, (2) conspicuously posted at the Brownfields Property,
and (3) mailed or delivered to each owner of property contiguous to the Brownfields Property. Written
requests for a public meeting may be submitted to DEQ within 21 days after the period for written public
comments begins. Those periods will start no sooner than August 22, 2018, and will end on the later of:
a) 30 and 21 days, respectively, after that; or b) 30 and 21 days, respectively, after completion of the
latest of the three (3) above-referenced dates. All public comments and public meeting requests should
be addressed as follows:

Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646