20057_Paul Berry Cevrolet_Full NBP For Public Comment_20190612

Property Owner: Redco Properties, LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Site Name: Paul Berry Chevrolet
Brownfields Project Number: 20057-16-098
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 201_ by
Redco Properties, 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, the former site of an automotive dealership, comprises one
parcel totaling 9.33 acres located at 1800 SW Tarboro Street, Wilson, Wilson County. Historical
automotive operations conducted at the Brownfields resulted in impacts to soil, groundwater and
soil gas at the Brownfields Property. Prospective Developer has committed itself to redevelopment
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for no uses other than restaurant, retail, office, hotel, storage unit, and associated parking uses, and
subject to DEQ's prior written approval, other 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 restaurant,
retail, office, hotel, storage unit and associated parking uses, and subject to DEQ's prior written
approval, other commercial uses. For purposes of this restriction, the following definitions
apply:
i. "Restaurant" is defined as a commercial business establishment that
prepares and serves food and beverages to patrons.
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ii. "Retail" is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and beverage products.
iii. "Office" is defined as the provision of business or professional
services.
iv. "Hotel" is defined as the provision of overnight lodging to paying
customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on -
site hospitality, management and reception services.
v. "Storage Unit" is defined as spaces that are commercially rented on a
short- or long-term basis by consumers and businesses for the storage of personal effects,
household goods, equipment and other non -hazardous materials that are in compliance with all
other aspects of this Agreement.
vi. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same.
vii. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. 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 on the
Brownfields Property, 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
paragraphs 7 and 8 above;
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.
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d. Within 90 days after each one-year anniversary of the effective date 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 this
Section V: Work to be Performed;
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).
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
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 a DEQ-approved
Environmental Management Plan (EMP) as outlined in subparagraph 15.b. above.
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,
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unless conducted in accordance with an approved EMP as outlined above in subparagraph 15.b.
h. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 20 below, may be occupied until DEQ determines in writing
that:
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;
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
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.
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. 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 Wilson 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.
k. 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 constituents of products and materials customarily used and
stored in retail, restaurant, office, hotel, storage unit, and associated parking environments,
provided such products and materials are stored in original retail packaging and used and
disposed of in accordance with applicable laws; and
iii. as constituents of fuels, lubricants and oils in emergency
generators, machinery, equipment and vehicles in on -board tanks integral to said equipment or in
flammable liquid storage containers totaling no more than 25 gallons.
1. The Brownfields Property may not be used for child care, adult care centers or
schools, except post -secondary schools, without the prior written approval of DEQ.
m. 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
in paragraph 20 below 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.
n. Within 60 days after the effective date of this Agreement or prior to land
disturbance activities, whichever occurs first, Prospective Developer shall abandon monitoring
wells, injection wells, recovery wells, piezometers 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.
o. 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.
p. 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 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of Wilson County, certifying
that, as of said January 1 st, the Notice of Brownfields Property containing these land use
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restrictions remains recorded at the Wilson 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, or board, association or approved entity submitting the
LURU if said owner (or each of the owners on whose behalf the joint LURU is submitted)
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 (or each of the owners on whose
behalf the joint LURU is submitted) 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.h.iii. 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; and
iv. 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 21 and 22 of this Agreement provided that if
standard form leases are used in every instance, a copy of such standard lease 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 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,
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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.
Redco Properties, LLC
Cameron W. McRae
Manager
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 Seal)
Official Signature of Notary
Notary's printed or typed name, Notary Public
My commission expires:
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************************************
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
Michael E. Scott
Director, Division of Waste Management
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Date

EXHiRIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: Redco Properties, LLC
UNDER THE AUTHORITY OF THE
BROWNFIELDS PROPERTY REUSE ACT
OF 1997, NCGS § 130A-310.30, et M.
Brownfields Project # 20057-16-098
I. INTRODUCTION
BROWNFIELDS AGREEMENT re:
Paul Berry Chevrolet
1800 SW Tarboro St.
Wilson, Wilson County
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and Redco Properties, 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 1800 SW Tarboro Street, Wilson, Wilson County (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.
The Prospective Developer, Redco Properties, LLC, is a manager -managed limited
liability company with the principal address of 335 N. Queen Street, Kinston, North Carolina
28501. The managing member of the Prospective Developer is Cameron W. McRae. The
Prospective Developer desires to redevelop the Brownfields Property for restaurant, retail, office,
hotel, storage unit, and associated parking uses, and subject to DEQ's prior written approval,
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
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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 Redco Properties, LLC for contaminants at the Brownfields Property.
The Parties agree that Redco Properties, LLC's entry into this Agreement, and the actions
undertaken by Redco Properties, LLC in accordance with the Agreement, do not constitute an
admission of any liability by Redco Properties, LLC for contaminants at the Brownfields
Property. The resolution of this potential liability, in exchange for the benefit Redco Properties,
LLC shall provide to DEQ, is in the public interest.
II. DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
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 Redco Properties, LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property comprises one parcel with Parcel Identification Number
3711-29-7120 totaling 9.33 acres. The Prospective Developer has committed itself to
redevelopment for no uses other than restaurant, retail, office, hotel, storage unit, and associated
parking uses, and subject to DEQ's prior written approval, other commercial uses.
4. The Brownfields Property is bordered to the north by single-family residences; to the
W
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east by W Glendale Dr. with commercial businesses and wooded land beyond; to the south by
SW Tarboro Street with commercial businesses beyond; and to the west by Taco Bell, other
commercial businesses, and the Wilson Community Church.
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
Phase II Environmental Site Assessment
Enviroassessments
December 9, 2009
Phase I Environmental Site Assessment
Terracon
March 17, 2016
Report of Limited Site Investigation Services
Terracon
May 31, 2016
North Carolina Brownfields Receptor Survey
Report
Terracon
August 4, 2017
Brownfields Assessment Report
Terracon
June 28, 2018
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. Based on historical aerial photographs, by 1937 the Brownfields Property was
used for agricultural purposes and was developed with a possible residence in the southwest
portion of the Brownfields Property. Between 1964 and 1971, the site was developed as the Paul
Berry Chevrolet automotive dealership. During this time, three buildings were in use for typical
automotive dealership operations, including a showroom, automotive maintenance and paint and
body restoration activities, and petroleum fueling operations. As part of these operations, several
above ground storage tanks, underground storage tanks, and underground hydraulic lifts were in
use at the Brownfields Property. A phase out of operations at Paul Berry Chevrolet began in
2006, and all site operations were ceased by 2009. Based on aerial photographs, two of the larger
buildings associated with Paul Berry Chevrolet were demolished between 2008 and 2009. The
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smaller approximately 3,800 square foot building near the southeast portion of the Brownfields
Property is still present and is currently occupied by Exclusive Cleaners, a drop off/pick up dry
cleaning location.
b. According to the Wilson County Register of Deeds, the Brownfields Property
was transferred to the Paul V. Berry Trust on February 27, 2015. The Prospective Developer,
Redco Properties, LLC, purchased the Brownfields Property from Bryan E. Berry and B. Vaughn
Berry -Daniel, Co -Trustees of the Paul V. Berry Trust on December 29, 2016.
c. The single parcel of the Brownfields Property, 1800 SW Tarboro Street (PIN
3711-29-7120) is currently owned by the Prospective Developer, Redco Properties, LLC. The
Brownfields Property is currently developed with one building near its southeast property
boundary; the remainder of the Brownfields Property is covered with asphalt and vegetation.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. The Brownfields Property was developed between 1964 and 1971 as the Paul
Berry Chevrolet automotive dealership, which operated until the late 2000s. The historical
automotive operations at the Brownfields Property resulted in environmental impacts to soil,
groundwater, and soil gas. There are two known UST incidents described below.
b. The Brownfields Property was assigned Incident Number 20762 by the Raleigh
Regional Office of the DEQ UST Section following collection and analysis of soil samples after
the removal of a 550-gallon waste oil UST on December 29, 1998. On May 24, 2004, two soil
samples were collected at the locations previously sampled in December 1998 in response to a
rd
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Notice of Regulatory Requirements issued by the DEQ UST Section. Those two soil samples did
not exhibit contaminant concentrations in excess of their respective DEQ UST soil to
groundwater maximum soil contaminant concentrations and the incident was closed following
issuance of a Notice of No Further Action on July 2, 2004 by the DEQ UST Section.
c. The Brownfields Property was assigned Incident Number 33876 by the Raleigh
Regional Office of the DEQ UST Section following discovery of soil and groundwater
contamination in December 2009 associated with an approximately 2,000-gallon gasoline UST
located near the existing Exclusive Cleaners building.
d. The Brownfields Property was formerly a small quantity generator hazardous
waste site assigned EPA ID NCD981862931 and recorded as Paul Berry Chevrolet and Hubert
Vester Chevrolet. The most recent hazardous waste site update dated October 15, 2008 listed the
site as closed.
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on May 10 and May 14, 2018. 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 medium 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 July 8, 2016, and
purchasing the Brownfields Property on December 29, 2016.
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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;
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
Co
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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;
b. an increase in the Brownfields Property's productivity;
c. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
d. the initial creation of at least 45 restaurant jobs with other restaurant,
commercial and office jobs to be added with continued redevelopment;
e. an increase in tax revenue for affected jurisdictions; and
f. "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,
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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
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 restaurant,
retail, office, hotel, storage unit and associated parking uses, and subject to DEQ's prior written
approval, other commercial uses. For purposes of this restriction, the following definitions
apply:
i. "Restaurant" is defined as a commercial business establishment that
prepares and serves food and beverages to patrons.
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ii. "Retail" is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and beverage products.
services.
iii. "Office" is defined as the provision of business or professional
iv. "Hotel" is defined as the provision of overnight lodging to paying
customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on -
site hospitality, management and reception services.
v. "Storage Unit" is defined as spaces that are commercially rented on a
short- or long-term basis by consumers and businesses for the storage of personal effects,
household goods, equipment and other non -hazardous materials that are in compliance with all
other aspects of this Agreement.
vi. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same.
vii. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. 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
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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 on the
Brownfields Property, 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
paragraphs 7 and 8 above;
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. Within 90 days after each one-year anniversary of the effective date 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 this
Section V: Work to be Performed;
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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).
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
such repair, or in emergency circumstances no later than the next business day, and that any
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related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined in subparagraph 15.b. above.
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.b.
h. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 20 below, may be occupied until DEQ determines in writing
that:
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;
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
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
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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.
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. 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 Wilson 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.
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k. 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 constituents of products and materials customarily used and
stored in retail, restaurant, office, hotel, storage unit, and associated parking environments,
provided such products and materials are stored in original retail packaging and used and
disposed of in accordance with applicable laws; and
iii. as constituents of fuels, lubricants and oils in emergency
generators, machinery, equipment and vehicles in on -board tanks integral to said equipment or in
flammable liquid storage containers totaling no more than 25 gallons.
1. The Brownfields Property may not be used for child care, adult care centers or
schools, except post -secondary schools, without the prior written approval of DEQ.
in. 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
in paragraph 20 below shall be in accordance with applicable legal requirements, including
without limitation those related to lead and asbestos abatement that are administered by the
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Health Hazards Control Unit within the Division of Public Health of the North Carolina
Department of Health and Human Services.
n. Within 60 days after the effective date of this Agreement or prior to land
disturbance activities, whichever occurs first, Prospective Developer shall abandon monitoring
wells, injection wells, recovery wells, piezometers 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.
o. 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.
p. 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 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of Wilson County, certifying
that, as of said January 1 st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Wilson County Register of Deeds office and that the land use
restrictions are being complied with. The submitted LURU shall state the following:
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i. the name, mailing address, telephone and facsimile numbers, and contact
person's e-mail address of the owner, or board, association or approved entity submitting the
LURU if said owner (or each of the owners on whose behalf the joint LURU is submitted)
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 (or each of the owners on whose
behalf the joint LURU is submitted) 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.h.iii. 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; and
iv. 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 21 and 22 of this Agreement provided that if
standard form leases are used in every instance, a copy of such standard lease form lease may be
sent in lieu of copies of actual leases.
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
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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 Vapor
Intrusion Guidance of DEQ's Division of Waste Management, 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.
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 following 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 this Agreement, DEQ retains all of its
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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 Wilson
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.
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 Wilson 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. As to leases, Prospective Developer may use the following
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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.
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 subparagraph 35.a. below
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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 July 8, 2016, by which it applied for this Agreement.
That use is none other than for restaurant, retail, office, hotel, storage unit, and associated
parking uses, and subject to DEQ's prior written approval, other commercial uses. Prospective
Developer also certifies that to the best of its knowledge and belief it has fully and accurately
disclosed to DEQ all information known to Prospective Developer and all information in the
possession or control of its officers, directors, employees, contractors and agents which relates in
any way to any past use of regulated substances or known contaminants at the Brownfields
Property and to its qualification for this Agreement, including the requirement that it not have
caused or contributed to the contamination at the Brownfields Property.
IX. DEV 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
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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
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
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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.
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 sec.
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.
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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
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 §
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130A-310.33(a)(l)-(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,
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.
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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:
a. for DEQ:
Property Management Unit (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:
Cameron W. McRae (or successor in function)
Redco Properties, LLC
PO Box 704
Kinston, NC 28501
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.
25
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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.
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
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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
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.
27
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IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Michael E. Scott Date
Director, Division of Waste Management
IT IS SO AGREED:
Redco Properties, LLC
By:
Cameron W. McRae
Manager
W.
Date
20057-16-098/ Paul Berry Chevrolet/29Apri12019

4
n
AFIVI
M �
f �
- 1.
Site ,
150
. _ .. i •�. il~ H itai�
'e A
I
!tp
i � i ?■rta.on
a
Copy ght:0 20 3�
0 1,000 2,000 4,000 6,000 8,000 10,000
Feei
CONTOUR INTERVAL10 FEET
USGS TOPOGRAPHIC MAP
WILSON, NC QUADRANGLE (1998)
a l�J Q 1A
PM: Project No.
WOF 70187126 Site Location Map FIGURE
NO.
Drawn By: DWH 1:24,000 Scale: Irerracon
Checked B File Path: Proposed Bojangles' Restaurant 1
By:
1800 SW Tarboro Street
Wilson, Wilson County, North Carolina
Approved By' Date: 2401 Bren wood Drive, Suite 107 Raleigh , vC z7604
MTJ 4/2/2018 phone: [phone] Fax: [phone]

Exhibit 2
The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on May 10 and May 14, 2018. The following tables set forth,
for contaminants present at the Brownfields Property above applicable standards or screening
levels, the maximum concentration found at each sample location, and the applicable standard or
screening level. Screening levels and 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 (µg/L)
Standard
(µg/L)
Benzene
MW-1
3/2/2016
6,070
1
MW-5
3/2/2016
232
TW-3
3/25/2018
450
Cis-1,2-
Dichloroethylene
MW-1
3/25/2010
71
70
MW-2
3/2/2016
248
1,2-Dichloropropane
TW-1
3/25/2010
1.1
1
Diisopropyl ether
MW-1
3/25/2010
160
NS'
Ethylbenzene
MW-1
3/25/2010
2,300
600
MW-5
3/2/2016
380
p-Isopropyltoluene
MW-1
3/25/2010
44
25
Methyl-tert-butyl-
ether (MTBE)
MW-1
3/25/2010
450
20
MW-5
3/2/2016
21.9
TW-1
3/25/2010
22
TW-3
3/25/2010
71
Naphthalene
MW-1
3/2/2016
625
6
MW-5
3/2/2016
32.9
Toluene
MW-1
3/25/2010
14,000
600
Xylenes (total)
MW-1
3/25/2010
9,800
500
m&p Xylene
MW-1
3/25/2010
6,700
500
o-Xylene
MW-1
3/25/2010
3,100
500
1-Methylnaphthalene
MW-1
3/2/2016
26.6
1
2-Methylnaphthalene
MW-1
3/2/2016
48.7
30
' NS — Standard not established.
Bold font indicates concentration exceeds NC DEQ UST Section Gross Contaminant Level (GCL).
Paul Berry Chevrolet/20057-16-098

GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are derived
from the Non -Residential Vapor Intrusion Screening Levels of the Division of Waste
Management February 2018 version):
Groundwater
Concentration
Non -
Residential VI
Contaminant with
Sample
Date of
Exceeding
Screening
Potential for Vapor
Location
Sampling
Screening
Level(
Intrusion
Level (µg/L)
/L)
MW-1
3/2/2016
6,070
MW-5
3/2/2016
232
Benzene
69
TW-3
3/25/2010
450
MW-1
3/25/2010
71
MW-2
3/2/2016
248
Cis-1,2-
NS2
MW-3
3/2/2016
1.2
Dichloroethylene
MW-5
3/2/2016
1.5
2016-GW-5
3/2/2016
48.7
Trans-1,2-
MW-1
3/2/2016
1.1
NS2
Dichloroethylene
MW-1
3/25/2010
2,300
Ethylbenzene
150
MW-5
3/2/2016
380
p-Isopropyltoluene
MW-1
3/25/2010
44
NS2
Naphthalene
MW-1
3/2/2016
625
150
m&p-Xylene
MW-1
3/25/2010
6,700
300
o-Xylene
MW-1
3/25/2010
3,100
410
Xylenes (Total)
MW-1
3/25/2010
9,800
320
' Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
2 NS — Screening level not established.
Bold font indicates concentration exceeds NC DEQ UST Section Gross Contaminant Level (GCL).
Paul Berry Chevrolet/20057-16-098
2

SOIL GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from the Non -Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (February 2018 version):
Soil Gas Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Non -
Residential
Screening
Level'
3
( m)
Cis-1,2-
Dichloroethylene
2018-SV-02
5/10/2018
45,000
NS2
Trans-1,2-
Dichloroethylene
2018-SV-02
5/10/2018
930
NS
2018-SV-02
1
4-Ethyltoluene
5/10/2018
NS
2018-SV-02
430 J3
2018-SV-03
3
2018-SV-04
7.5
2018-SV-01
180
Ethanol
5/10/2018
NS
2018-SV-03
8 J
2018-SV-04
18
2018-SV-01
1.3 J
Trichlorofluoromethane
5/10/2018
NS
2018-SV-03
1.5 J
2018-SV-04
1.11
' Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
Z NS — No screening level established
s J — Estimated concentration
Paul Berry Chevrolet/20057-16-098

\
E. LEO GREEN III, CERTIFY THAT THIS PLAT WAS DRAWN UNDER\
MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY Y
SUPERVISION (REFERENCES AS SHOWN); THAT THE BOUNDARIES
NOT SURVEYED ARE CLEARLY INDICATED AS BROKEN LINES DRAWN
FROM INFORMATION FOUND IN REFERENCES AS SHOWN; THAT THE
l
RATIO OF PRECISION AS CALCULATED IS 1: To, 000T; THAT THIS
PLAT WAS PREPARED IN ACCORDANCE WITH GS 47-30 AS
AMENDED. WITNESS MY ORIGINAL SIGNATURE, REGISTRATION
NUMBER, AND SEAL THIS __ DAY OF � 2010
E. LEO GREIII PROFESSIONAL LAND SURVEYOR L-379,
EN
N�
E.B.JORDAN, JR..
N/F PIN: 3711 29 7574 I
ALSO CERTIFY THAT: CARN: 3 JORDAN M. 780 \DB. 1394, PG. 817 I
PIN: 3711 29
RECOMBINATION OF EXISTING PARCELS. A COURT -ORDERED SURVEY,
R C THIS SURVEY IS E IS ANOTHER CATEGORY, SUCH ER THE /� N/F \ B PG. 602
OR OTHER EXCEPTION TO THE DEFINITION OF SUBDIVISION.
E.B.JORGAN, JR..
PIN: 3711 29 ,T6a2
DB. 2245, \ T'S6'W
5439
PG. 905 5T2
PB. 21. PG. 224
/
ASS
2 EIP
PRELIMINARY
56.W
ST2:5'
P
NOT FOR FINAL — —
—
CONSTRUCTION
DB. 2682, PG. 464
PB. 40, PC. 267
9.33 ACRES
N/F
WILSON COMMUNITY CHURCH
PIN: 3711 29 12M 000
DB. 2421. PG. 471
Ell N86'S2'22-W 204.4,'
wa1[ss s EIP
2018-SV-02
I
J MW-2
0 2D,6-SV-D,
o� d
— — —y c 0 I
m 0 N/F 016-GW-5 MW-1
PLAIN COSTAL
n PROPERTIES, LLC.
5 m PIN: 3711 28 2714
I y I DB. 2331, PG. 950
ID0 I I
;0
I m I
I I CONTRA
Nl
L----- I-- C2 E=23124
NIP BAN 42) NAD 83
TARBORO ST. (NC H 1
— g0' PUBLIC R WAY
CURVE TABLE rN/F '
TORRES
PINALVA: 371,RO 28 5401
I I DB. 2478, PG. 158
I
MW-5
NORTH CAROLINA I I
' WILSON COUNTY CERTIFICATION:
'. THIS INSTRUMENT WAS PRESENTED FOR REGISTRATION AND STATE OF NORTH CAROLINA
RECORDED IN COUNTY OF WILSON
' PLAT BOOK PAGE THIS 20AT I, RENEW OFFICER OF THE CITY OF
WILSON, CERTIFY THAT THE MAP OR PLAT TO WHICH THIS
M CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS
FOR RECORDING.
By
REGISTER OF DEEDS ASSISTANT REGISTER OF DEEDS REVIEW OFFICER DATE
RECORDED IN PLAT BOOK PAGE
/ 1 NAD'83�(2011
N zz
I
L
N
N/F
T
ASSOCIATES INC.
PIN: 3711 39 0
r
v m I
DB. 2002, PC. A00
AM
mZI
� r—
—
J
opl
n < I
`m
N i
DLP 'MESON MEDICAL
CENTER INC
I
I
PIN: 3711 39 4142
DB. 2565, PG. 742
' BRICK BUILDING /
CONTROL IRON
N/F
I
DLP WILSON MEDICAL
CENTER, INC
PIN: 3711 38 5367
Do. 2565, PG. 735
GOLDEN ARCH
MANAGEMENT, INC
PIN: 3711 28 7126
DEL 2]04, PG. 134
LEGEND
P COMPUTED POINT
• NEW IRON PIPE
•N.C.OS. MONUMENT
O EXISTING IRON PIPE
m EXISTING PK NAIL
EXISTING RAILROAD SPIKE
QMONITORING WELL
4jIlKGROI_N
(SOIL GAS
ABBREVIATIONS
MW MONITORING WELL
SB SAMPLE BORE
EIP EXISTING IRON PIPE
PH
PARKER KALON (PK NAIL)
DB DEED BOOK
PG PAGE
PB PLAT BOOK
NCGS NORTH CAROLINA GEODETIC SURVEY
NAD NORTH AMERICAN DATUM
NIP NEW IRON PIPE
PIN PROPERTY IDENTIFICATION NUMBER
MEDICAL PARK DR
p
� AIAI
SffE
WOOTEN BLVD SW
REFERENCES: LINETYPE LEGEND VICINITY MAP (N.T.S.)
DB. 2682, PG. 464 BRGWNFIELD PRGPERTY U
PB. 40, PG. 267 _ _ _ _ 1XITING RIGHT_"F _Y
EXHIBIT B
TO THE
NOTICE OF BROWNFIELDS
PROPERTY - SURVEY PLAT
BROWNFIELDS PROJECT NAME:
PAUL BERRY CHEVROLET
BROWNFIELDS PROJECT No:
20057-16-098
PROSPECTIVE DEVELOPER /
PROPERTY OWNER:
REDCO PROPERTIES, LLC
DEED BOOK 2682 PAGE NUMBER 464 - 467A
1800 TARBORO STREET W.
WILSON, NORTH CAROLINA
PIN:3711-29-7120
LOCATED IN
CITY OF WILSON WILSON COUNTY, NC
MAY 8, 2019 SCALE: 1" = 100'
0 50 1W 200 400 600
THE LOCATION COULD
TEMPORARY MONITORINGEDBA WELLS READILY
AND Tw-3 COULD NOT BE DETERMINED enseo ON REAOILv GREEN ENGINEERING
AVAILABLE ENVIRONMENTAL REPORTS.
ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES NC FIRM LICENSE:
WATER, WASTEWATER, SURVEYING, PLANNING, PROJECT MANAGEMENT
AREAS COMPUTED BY COORDINATES, 303 G0LDSB0R0 ST. EAST, P.0. B0X 809 WILS0N, N.C. 27893
THE AREAS AND TYPES OF CONTAMINATION DEPICTED HEREON ARE APPROXIMATIONS DERIVED FROM THE TEL[phone] FAX[phone] of.@gle ... g.c
BEST AVAILABLE INFORMATION AT THE TIME OF FILING. A LISTING OF THE TECHNICAL REPORTS USED TI
PREPARE THIS PLAT ARE AVAILABLE IN THE BROWNFIELDS AGREEMENT FOR THIS PROEPRTV.
SHEET OF

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by th.
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nm °e°aj a
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RECORDED IN PLAT BOOK PAGE
Exhibit 2
The most necont Cavironmemal sampling at the Brownfields Property mported in the
Environmental Reports occurred on May 10 and May lk 2018. The following tables set forth,
for commitments present at the Browndelds Property above applicable standards or screening
levels, the maximum concemmlion found at each sample location, and the applicable standard or
screening level. Screening levels and standards are shown for reference only and are not set
forth as cleanup levels for purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in microgmms per liter (the equivalent ofpmts per billion),
tin standards for w-Itch 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
Standard
(pg/L)
Be—.
111
3/2/2016
6,070
1
MW-5
3/2/2016
232
TW-3
3/25/2018
450
Cis-1,2-
Dkhkroeth•lene
MW-1
3/25/2010
71
70
MW-2
3/2/2016
248
1 2-Dicldoro rone
TW-1
3/25/2010
1.1
1
Diisoprowlecher
I MW-1
325/2010
160
NS'
Ethylbc—.-
MW-1
325/2010
2300
600
MW-5
32/2016
380
Ian ro (toluene
MW-1
325/2010
44
25
Methyl -tent -butyl-
ether(MTBE)
MW-1
325/20/0
450
20
MW-5
32/2016
21.9
TW-1
325/2010
22
TW-3
325/2010
71
Naphthalene
II I
322016
625
6
MW-5
32/2016
32.9
Toluene
MW-1
3W/2010
14000
600
X Imes total
MW-1
3151010
9,800
500
m& X lenu
MW-1
3/25/2012
6700
500
o-X lene
MW-1
325/2010
3,100
.0
1-Me Ina hilalene
MW-1
3212016
26.6
1
2-Meth Ina hdTalene
MW-I
3/2/2016
48.7
30
' NS- Standard not established.
Bold font indicates concentration exceeds NC DEQ UST Section Gross Contaminant Level (GCL).
SOIL GAS
Soil gas contaminants in microgmms per cubic meter, the screening levels for which are
derived from the Non -Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (February 2018 version):
Concentration
Non -
Residential
Soil Gas Contaminant
Sample
Date of
Exceeding
Screening
location
Sampling
Screening
Level,
Level J g/m3)
Cis-1'2
2018-SV-02
5/10/2018
45,000
NS2
Dictdomet Icne
Trans-1'2
2018-SV-02
5/10/2018
930
NS
Dichloroet lene
2018-SV-02
1
2018-SV-02
430 J3
4-Ethyholuene
2018-SV-03
5/10/2018
NS
3
2018-SV-04
7.5
2018-SV-01
180
Ethanol
2018-SV-03
5/10/2018
8 J
NS
201 S-SV-04
18
2018-SV-01
1.3 J
Trichlorofluomrnethane
2018-SV-03
5/10/2018
1.5J
NS
2018-SV-04
1.1 J
' screening levels daplaycd for non-carcmogens arc [or a Ia u rd quelled equal to 0.2. Screening levels
displayed for carcinogens are for a 1, DE-5 lifetime inerememal cancer risk.
NS -No sere �ning level established
3 J - Estimated concentration
MICHAEL E. SCOTT. DIRECTOR
DINSION OF WASTE MANAGEMENT
STATE OF NORTH CAROLINA
COUNTY OF WANE
FOR THE PURPOSES OF N.C.G.S. 13CA-310.35
om
Groundwatercontaminams with potential for vapor immsilt (Vp in microgramsper liter
(the equivalent of parts per bdlion), the vapor intrusion screefng levels for which are derived
from the Non -Residential Vapor lntmsion Screening Levels of the Division of Waste
Management February 2018 version):
Groundwater
Comaminanl will,
Potential for Vapor
Immsion
Sample
Location
Dam of
Sampling
Concentration
Exceeding
Screening
Level(µg/L)
Non-
Residential VI
Screening
Level'
Ben,cne
MW-1
3/2/2016
6,070
69
MW-5
3122016
232
TW-3
3/25/2010
450
Cis-1,2-
Dicldoroethylene,
MW-1
3/2512010
71
NS2
MW-2
3/2/2016
248
MW-3
3/2/2016
L2
MW-5
3/2/2016
1.5
2016-GW-5
3/2/2016
48.7
Tmns-1,2-
Dichioroeth lene
MW-1
3/2/2016
1.1
NS2
�,
Et Ibemene
MW-1
3/252010
2300
150
MW-5
3/2/2016
380
-lso ro (toluene
MW-1
3/252010
44
NS2
Na hahalene
MW-1
3/22016
625
150
lene
MW-1
3/252010
6700
300
MX
kne
MW-I
3/252010
3I.
410
X leres(Total)
MW-I
1 3252010
1 9800
320
scrcemng —is mspym or our-raremogens are nor a rams gmucnt equm toU.,. xrecnmg rooms
displayed for carcinogensare for a 1.0E-5 lifetime incremental cancer risk.
2INS -Screening level rat established.
Bold font indicates concentration exceeds NC DEQ UST Section Gross Contaminant Level (GCL).
EXHIBIT B
TO THE
NOTICE OF BROWNFIELDS
PROPERTY - SURVEY PLAT
BROWNFIELDS PROJECT NAME:
PAUL BERRY CHEVROLET
BROWNFIELDS PROJECT No:
20057-16-098
PROSPECTIVE DEVELOPER /
PROPERTY OWNER:
REDCO PROPERTIES, LLC
DEED BOOK 2682 PAGE NUMBER 464 - 467A
1800 TARBORO STREET W.
WILSON, NORTH CAROLINA
PIN:3711-29-7120
LOCATED IN
CITY OF WILSON WILSON COUNTY, NC
MAY 8, 2019 SCALE: 1" = 100'
0 50 100 200 400 e00
GREEN ENGINEERING
NO FIRM LICENSE: P-0115
WATER, WASTEWATER, SURVEYING, PLANNING, PROJECT MANAGEMENT
303 GOLDSBORO ST. EAST, P.O. BOX 609 WILSON, N.C. 27893
TEL (252) 237-SMS FAX [phone] [e-mail]
SHEET 2 OF 2

EXHIBIT C
LEGAL DESCRIPTION
Paul Berry Chevrolet Site
Brownfields Project #20057-16-098
Beginning at an existing iron pipe (Control Corner) located at the intersection of the western right
of way of Glendale Drive and the northern right of way of Tarboro Street (NC Hwy 42), said
existing iron pipe having North Carolina Grid Coordinates (NAD 83 2011) N=718,675.46,
E=2,312,875.30, thence from said existing iron pipe with and along the northern right of way of
Tarboro Street (NC Hwy 42) with a curve to the right having a radius of 2,295.51 feet, arc length
of 400.30 feet, a chord bearing S73°03' 18"W and a chord distance of 399.79 feet to an existing
iron pipe, said existing iron pipe (Control Corner) having North Carolina Grid Coordinates (NAD
83 2011) N=718,558.88, E=2,312,492.56; thence continuing along the northern right of way of
Tarboro Street (NC Hwy 42) with a curve to the right having a radius of 2,295.51 feet, arc length
of 200.82 feet, a chord bearing S80°33'26"W and a chord distance of 200.76 feet to a new iron
pipe set; cornering, thence leaving the right of way of Tarboro Street (NC Hwy 42) N00°53' 56"W
436.16 feet to an existing iron pipe; cornering, thence S88°52'22"E 204.41 feet to an existing iron
pipe; cornering, thence N00002'25"W 434.96 feet to an existing iron pipe; cornering, thence
N72057'56"E 224.85 feet to an existing iron pipe, thence N72057'56"E 176.02 feet to an existing
iron pipe in the western right of way of Glendale Drive, said existing iron pipe having North
Carolina Grid Coordinates (NAD 83 2011) N=719,510.38, E=2,312,875.37; cornering, thence
with and along the westerly right of way of Glendale Drive S00°01'05" E 539.73 feet to an existing
iron pipe, said iron pipe being the point of beginning and containing 9.33 acres and being all of
the property owned by REDCO Properties, LLC as referenced in Deed Book 2682, Page 464 of
the Wilson County Registry.