21019_Homewood Banks Apts_BFPKGPC_20190712

NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY
Site Name: Homewood Banks Apartments
Brownfields Project Number:21019-17-092
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 July 20, 2019,
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
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SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Site Name: Homewood Banks Apartments
Brownfields Project Number: 21019-17-092
Pursuant to NCGS § 130A-310.34, Homewood DRP, LLC and CRP/DRP Homewood Owner,
LLC, as co -Prospective Developers, have filed with the North Carolina Department of Environmental
Quality ("DEQ") a Notice of Intent to Redevelop a Brownfields Property ("Brownfields Property") in
Raleigh, Wake County, North Carolina. The Brownfields Property, which is the former site of a
residence and pond consists of 15.3 acres and is located at 5510 Homewood Banks Drive and 3921 Stony
Crest Road. Environmental contamination exists on the Brownfields Property in soil due to releases
from a petroleum hydrocarbon storage tank. Homewood DRP, LLC and CRP/DRP Homewood Owner,
LLC, as co -Prospective Developers have committed to no uses other than high density residential,
amenity space, courtyard, dog run, greenway, public park, open space, recreation, transit and parking
uses, and subject to prior written approval by DEQ, commercial uses on the Brownfields Property. The
Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement
between DEQ and Homewood DRP, LLC and CRP/DRP Homewood Owner, LLC, as co -Prospective
Developers, which in turn includes (a) a map showing the location of the Brownfields Property, (b) a
description of the contaminants involved and their concentrations in the media of the Brownfields
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 Cameron
Village Library, 1930 Clark Avenue, Raleigh, NC 27605 by contacting Robert Lambert by telephone at
[phone] or by email at robert.lambertkwakegov.com;or at the offices of the N.C. Brownfields
Program, 217 West Jones Street, Raleigh, NC, or by contacting Shirley Liggins at that address, at
shirley.ligginskncdenr.gov, or at [phone]. The full Notice of Intent may also be viewed online
at the DEQ public record database, Laserfiche, by entering the project number 21019-17-092 into the
search bar at the following web address: http:Hedocs.deq.nc.gov/WasteMana ems.
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 July 20, 2019, 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
Homewood Banks Apartments/21019-17-092/20190712

Property Owner: Homewood DRP, LLC and CRP/DRP Homewood Owner, LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Site Name: Homewood Banks Apartments
Brownfields Project Number: 21019-17-902
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 201_ by
Homewood DRP, LLC and CRP/DRP Homewood Owner, LLC ("Prospective Developer").
This Notice concerns contaminated property.
A copy of this Notice certified by the North Carolina Department of Environmental
Quality ("DEQ") is required to be filed in the Register of Deeds' Office in the county or
counties in which the land is located, pursuant to North Carolina General Statutes
("NCGS"), § 130A-310.35(b).
This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate
the danger to public health or the environment posed by environmental contamination at a
property (`Brownfields Property") being addressed under the Brownfields Property Reuse
Act of 1997, NCGS § 130A, Article 9, Part 5 ("Act").
Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified
copy of this Notice within 15 days of Prospective Developer's receipt of DEQ's approval of
the Notice or Prospective Developer's entry into the Brownfields Agreement required by the
Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the
grantor index under the names of the owners of the land and, if Prospective Developer is not
the owner, also under the Prospective Developer's name.
The Brownfields Property is approximately 15.3 acres and is located at 5510 Homewood
Banks Drive and 3921 Stony Crest Road, Raleigh, Wake County, North Carolina. A portion of
the Brownfields Property was first developed in 1964 with the construction of a residence. The
proposed reuse of the Brownfields Property is for none other than high density residential, amenity
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space, courtyard, dog run, greenway, public park, open space, recreation, transit and parking uses,
and subject to prior written approval by DEQ, commercial uses. Soil at the site has been impacted
by petroleum compounds and polycyclic aromatic hydrocarbons released from a former
underground storage tank and above ground storage tank.
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 consists of one or more data tables
reflecting the concentrations of and other information regarding the Brownfields 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 high density
residential, amenity space, courtyard, dog run, greenway, public park, open space, recreation,
transit and parking uses, and subject to prior written approval by DEQ, commercial uses. For
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purposes of this restriction, the following definitions apply:
i. "High Density Residential" is defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit, and may include
related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and
parking garages
ii. "Amenity Space" is defined as a hardscaped and landscaped courtyard,
swimming pool, pool deck, courtyard, dog run, community gardens, fire pit, grilling station,
seating areas, and a common use interior clubhouse.
iii. "Courtyard" is defined as a landscaped or hardscaped area for residents'
use for leisure activities. Any such feature shall not disturb native soil at the Property without
prior approval from DEQ.
iv. "Dog Run" is defined as an enclosed area designed to allow freedom of
movement and a play area for residents' dogs. Any such feature shall not disturb native soil at the
Property without prior approval from DEQ.
v. "Greenway" is defined as a natural or constructed corridors traversing
open space, which may be used for pedestrian or bicycle passage. Greenways typically link areas
of activity, such as parks, cultural features, or historic sites with each other and with populated
areas.
vi. "Public Park" is defined as any land owned by the public and open for
use by the general public for active (including playgrounds) or passive recreational purposes or as
a refuge for wildlife.
vii. "Open Space" is defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, detention facilities for
stormwater.
viii. "Recreation" is defined as indoor and outdoor exercise -related, physically
focused, or leisure -related activities, whether active or passive, and the facilities for same,
including, but not limited to, studios, swimming pools, sports -related courts and fields, open
space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas.
ix. "Transit" is defined as a station or stop for the carrying of people, goods,
or materials from one place to another.
x. "Parking" is defined as the temporary accommodation of motor vehicles
in an area designed for same.
xi. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee, or licensee.
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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, 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
paragraph 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);
iv. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment; and
v. plans for assessing and addressing soils that will be exposed for contact
by future redevelopment that are presently under parking lots, buildings, or other de facto caps
that prevent exposure.
c. 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 Section
V: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected
or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
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materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
d. 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.
e. Unless compliance with this Land Use Restriction is waived in writing by
DEQ in advance in regard to particular activity, no activities that encounter, expose, remove or
use groundwater (for example, installation of water supply wells, ponds, lakes or swimming
pools, or construction or excavation activities that encounter or expose groundwater) or surface
water may occur on the Brownfields Property unless and until DEQ states in writing, in advance
of the proposed activity, that said activity may occur if carried out along with any measures DEQ
deems necessary to ensure the Brownfields Property will be suitable for the uses specified in
subparagraph 15.a. above while fully protecting public health and the environment. Prior
sampling and analysis of groundwater or surface water to the written satisfaction of DEQ in any
areas proposed for such activities, and submittal of the analytical results to DEQ is required. If
such results reflect contaminant concentrations that exceed the standards and screening levels
applicable to the uses authorized for the Brownfields Property, the groundwater -related activities
proposed may only occur in compliance with any written conditions DEQ imposes. Activities
may occur if carried out along with any measures DEQ deems necessary to ensure the
Brownfields Property will be suitable for the uses specified in subparagraph 15.a. above while
fully protecting public health and the environment.
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:
inches;
i. in connection with landscape planting to depths not exceeding 24
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
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Environmental Management Plan (EMP) as outlined in subparagraph 15.b.
g. New or existing building foundation structures and asphalt parking lot caps
must be maintained in good condition to prevent direct exposure to underlying soil and shall not
be removed unless said buildings or caps are removed in preparation for redevelopment, and then
said removal may take place only in accordance with an approved EMP as required by
subparagraph 15.b.
h. 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 in Paragraph 15.b.
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 Wake
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 may use the following mechanisms to comply with the obligations of this
paragraph: (i) If every lease and rider is identical in form, the owner conveying an interest may
provide DEQ with copies of a form lease or rider evidencing compliance with this paragraph, in
lieu of sending copies of actual, executed leases, to the persons listed in Section XV (Notice and
Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather
than full copies of said leases, to the persons listed in Section XV.
k. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in paragraph 8 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:
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
high density residential, amenity space, courtyard, dog run, greenway, public park, open space,
recreation, transit and parking uses, and with approval by DEQ, commercial use environments,
provided such products and materials are stored in original retail packaging and used and
Homewood Banks Apartments/21019-17-092/03Ju12019

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. 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 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. 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.
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 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 Wake County, certifying that,
as of said January 1 st, the Notice of Brownfields Property containing these land use restrictions
remains recorded at the Wake County Register of Deeds office and that the land use restrictions
are being complied with. The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact
person's e-mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year;
ii. the transferee's name, mailing address, telephone and facsimile
numbers, and contact person's e-mail address, if said owner transferred any part of the
Brownfields Property during the previous calendar year;
iii. whether soil caps (hardscape materials, clean soil, stone) and
landscaping required by subparagraph 15.g. above are being inspected and maintained to prevent
erosion and/or human exposure to contaminated soil or other media; 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 form lease may be sent
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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 entity 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.
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IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this day of , 201
LE
NORTH CAROLINA
COUNTY
Homewood DRP, LLC
Alexander B. Andrews, Jr.
Manager
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)
Homewood Banks Apartments/21019-17-092/03Ju12019
Official Signature of Notary
Notary's printed or typed name, Notary Public
My commission expires:
E

IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this day of , 201
LE
NORTH CAROLINA
COUNTY
CRP/DRP Homewood Owner, LLC
Alexander B. Andrews, Jr.
Manager
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:
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
Ellen Lorscheider Date
Deputy Director, Division of Waste Management
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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: Homewood DRP, LLC; and CRP/DRP Homewood Owner, LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Homewood Banks Apartments
OF 1997, NCGS § 130A-310.30, et seq. ) 5510 Homewood Banks Drive and
Brownfields Project # 21019-17-092 ) 3921 Stony Crest Road
Raleigh, Wake County
I. INTRODUCTION
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and Homewood DRP, LLC and CRP/DRP
Homewood Owner, 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 5510
Homewood Banks Drive and 3921 Stony Crest Road (the "Brownfields Property"). A map
showing the location of the Brownfields Property that is the subject of this Agreement is attached
hereto as Exhibit 1.
The Prospective Developer is Homewood DRP, LLC, a manager -managed limited
liability company, with its principal office at 2626 Glenwood Avenue, Ste. 195, Raleigh, NC
27608 and CRP/DRP Homewood Owner, LLC, a manager -managed limited liability company
with its principal office at 1001 Pennsylvania Avenue NW, Suite 220 South, Washington, DC
20004. The managing member for Homewood DRP, LLC is Alexander B. Andrews Jr.
CRP/DRP Homewood Venture, L.L.C. is the sole member of CRP/DRP Homewood Owner,
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LLC. The proposed reuse of the Brownfields Property is for none other than high density
residential, amenity space, courtyard, dog run, greenway, public park, open space, recreation,
transit and parking uses, and subject to prior written approval by DEQ, commercial uses.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. Furthermore, both Homewood DRP, LLC and CRP/DRP Homewood Owner, LLC
shall be jointly and severally responsible for any liabilities, requirements, and land use
restrictions set forth under this agreement and any violations of same; and jointly and severally
entitled to all benefits and protections afforded to Prospective Developer pursuant to 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 Homewood DRP, LLC and CRP/DRP Homewood Owner, LLC for
contaminants at the Brownfields Property.
The Parties agree that Homewood DRP, LLC and CRP/DRP Homewood Owner, LLC's
entry into this Agreement, and the actions undertaken by Homewood DRP, LLC and CRP/DRP
Homewood Owner, LLC in accordance with the Agreement, do not constitute an admission of
any liability by Homewood DRP, LLC and CRP/DRP Homewood Owner, LLC for contaminants
at the Brownfields Property. The resolution of this potential liability, in exchange for the benefit
Homewood DRP, LLC and CRP/DRP Homewood Owner, LLC shall provide to DEQ, is in the
public interest.
2
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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 Homewood DRP, LLC and CRP/DRP
Homewood Owner, LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property comprises two parcels (formerly PIN 0795484971 and PIN
0795491345) totaling 15.3 acres, that were recombined as of December 21, 2017 and referenced
as PIN 0795484928 with an address of 5510 Homewood Banks Drive (recombined 14.29 acres)
and PIN 0795399136 located at 3921 Stony Crest Road (recombined 1.01 acres). Prospective
Developer has committed itself to redevelopment for no uses other than high density residential,
amenity space, courtyard, dog run, greenway, public park, open space, recreation, transit and
parking uses, and subject to prior written approval by DEQ, commercial uses.
4. The Brownfields Property is bordered to the north by residential single family and
apartment homes; to the east by Homewood Banks Drive and residential apartments beyond; to
the south by the intersection of Homewood Banks Drive and Blue Ridge Road and residential
single family homes and apartments beyond; and to the west by residential single family homes
and undeveloped land.
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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
Documentation of Soil Excavation and
S&ME, Inc.
March 27, 2018
Placement Activities
Report of Additional Site Assessment
S&ME, Inc.
March 13, 2018
Activities Homewood Banks Apartment Site
Limited Phase II Environmental Site
S&ME, Inc.
July 7, 2016
Assessment of AST
Phase I Environmental Assessment
Soil & Environmental
Consultants, PA
May 2016
Letter, Notice of No Further Action,
North Carolina Department of
NCDENR, UST Section Incident No. 39609
Environment and Natural
October 3, 2014
Resources, UST Section
Initial Abatement Report
W.H. Gibson, LG for
September 2014
Cohesion, Inc.
North Carolina Department of
Letter, Notice of Regulatory Requirements
Environment and Natural
August 13, 2014
Resources, UST Section
20-Day Report
W.H. Gibson, LG for
August 2014
Cohesion, Inc.
UST-61, 24-Hour Release and UST Leak
Cohesion, Inc.
August 6, 2014
Reporting Form
6. For purposes of this Agreement, DEQ relies on the following representations by
Prospective Developer as to use and ownership of the Brownfields Property:
a. The Brownfields Property was first developed in 1964 with the construction of
a residence on one of the parcels (formerly PIN 0795484971). The residence included a pool,
carport, garage, and storage shed adjacent to the building that were demolished in early 2018. A
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pond was excavated prior to 1959. Site history information indicates the pond was man-made
and excavated for aesthetic and/or recreation uses.
b. On December 21, 2017, CRP/DRP Homewood Owner, LLC purchased,
recombined and renumbered former PIN 0795491345 and former PIN 0795484971 to include
renumbered PIN 0795484928 located at 5510 Homewood Banks Drive (recombined 14.29
acres), renumbered PIN 0795399136 located at 3921 Stony Crest Road (recombined 1.01 acres).
A portion of the former PIN 0795491345 (0.39 acres) was removed from the Brownfields
Property and dedicated to the City of Raleigh as a future right of way dedication for a future
neighborhood street. As of December 21, 2017, the Brownfields Property comprised two
parcels, renumbered PIN 0795484928 and renumbered PIN 0795399136 and totaled 15.3 acres.
c. The former PIN 0795491345 was purchased by Dorothy and Banks Kerr on
January 01, 1977 and was later transferred into Kerr Properties Temporary, LLC and then to
Kerr Properties LLC on September 12, 2002. The site history information indicates renumbered
PIN 0795399136 was undeveloped from 1938 to 2017.
d. The former PIN 0795484971 was purchased by Dorothy and Banks Kerr on
January 1, 1961. On February 15, 2014, the former PIN 0795484971 was transferred into the
Dorothy R Kerr Revocable Trust with Wells Fargo as the listed Bank Trustee and the property
was listed as vacant.
e. The pond is predominantly located on renumbered PIN 0795484928 and
partially located offsite on PIN 0795388982 owned by Mark and Christopher Bensen.
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7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. The Brownfields Property, specifically PIN 0795484928, is affiliated with the
DWM Underground Storage Tank (UST) Incident No. 39609. Incident No. 39609 refers to the
former 1,000-gallon gasoline UST and associated product piping and dispenser that were
removed from the Brownfields Property on July 28, 2014 by Cohesion, Inc. The UST and
associated product piping and dispenser were located south of the former residence. Detections
of petroleum hydrocarbons beneath the product line and dispenser above the UST Section's
regulatory action levels indicated a release; therefore, on September 4, 2014, approximately 8.02
tons of impacted soil were excavated from beneath the associated product line and dispenser. On
October 3, 2014, the DEQ, formerly Department of Environment and Natural Resources (DENR)
issued a Notice of No Further Action for the UST Incident No. 39609.
b. A 500-gallon above ground storage tank (AST) was located on the
Brownfields Property, specifically on the eastern side of PIN 0795484928 to the south of the
Brownfields Property pond. Laboratory analysis of surficial soil samples located in the vicinity
of the AST identified a detection of total petroleum hydrocarbons (TPH)-Diesel Range Organics
(DRO) above the DWM, UST Section Guidelines for North Carolina Action Limits for Total
Petroleum Hydrocarbons (July 26, 2016 version).
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on February 9, 2018. The following table sets forth, for
contaminants present at the Brownfields Property above applicable standards or screening levels,
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the 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 the purposes of this Agreement.
a. Soil contaminants in milligrams per kilogram (the equivalent of parts per
million), the screening levels for which are derived from the Preliminary Residential Health -
Based 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)
Residential
Screening
Level
(mg/kg)
Arsenic
UST-4 DUP-1
7.5-10
2/8/2018
0.85
0.68
UST-4
7.5-10
2/8/2018
0.86
BG-1
2.5-3
2/9/2018
1.9
UST-6
2.5-3
2/9/2018
4.3
Benzo(a)pyrene
HA-2
0-0.5
6/17/2017
0.567
0.11
Benzo(b)fluoranthene
HA-2
0-0.5
6/17/2017
1.25
1.1
Total Chromium
UST-3
7.5-10
2/8/2018
1
0.31
UST-4
7.5-10
2/8/2018
1.1
UST-4 DUP-1
7.5-10
2/8/2018
1.2
UST-2
12.5-15
2/8/2018
1.3
UST-4
2.5-3
2/8/2018
1.4
UST-5
2.5-3
2/9/2018
1.4
UST-1
17.5-20
2/8/2018
1.5
UST-6
7.5-10
2/9/2018
1.5
UST-4
12-14
2/8/2018
2.3
BG-1
2.5-3
2/9/2018
17
BG-1
7.5-10
2/9/2018
24
UST-6
2.5-3
2/9/2018
29
Extractable
Petroleum
Hydrocarbon
HA-2
0-0.5
6/17/2017
35
NS2
' Screening levels displayed for non -carcinogens are for hazard quotient equal to 0.2. Screening levels
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displayed for carcinogens are for 1.0E-6 lifetime incremental cancer risk target.
2 NS — No standard established for this compound.
3 J-estimated value below the laboratory reporting limit.
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 April 6, 2017, and Letter
dated November 20, 2018, the following:
a. On April 13, 2016, the Prospective Developer entered into a contract to
purchase the Brownfields Property.
b. On December 21, 2017, CRP/DRP Homewood Owner, LLC purchased the
Brownfields Property.
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;
Homewood Banks Apartments/21019-17-92/20190703

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,
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b. the creation of approximately 100 jobs during redevelopment and
approximately 6 full-time jobs after redevelopment is completed;
c. additional residential space for the area;
d. expanded use of public transportation which reduces traffic, improves air
quality, and reduces our carbon footprint with the inclusion of a transit stop, greenway, and
pedestrian easement, and;
e. the Prospective Developer elected to conform to the requirements of Raleigh's
Unified Development Ordinance (UDO) as well as construct two underground sand filters on the
Brownfields Property.
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. The
Prospective Developer shall incorporate features including two underground sand filters, a transit
stop, a greenway access and easement, as well as conform to the requirements of Raleigh's
Unified Development Ordinance (UDO). For any qualifying pervious pavement, Prospective
Developer is free to apply to the City of Raleigh for allowable reimbursements under the City of
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Raleigh's stormwater quality cost share program, known as "Raleigh Rainwater Rewards." DEQ
will not involve itself in said application process, except to answer pertinent questions asked of it
by the City of Raleigh should the City of Raleigh need information from DEQ as part of their
reimbursement decision under the Raleigh Rainwater Rewards 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 high density
residential, amenity space, courtyard, dog run, greenway, public park, open space, recreation,
transit and parking uses, and subject to prior written approval by DEQ, commercial uses. For
purposes of this restriction, the following definitions apply:
i. "High Density Residential" is defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
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group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit, and may include
related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and
parking garages.
ii. "Amenity Space" is defined as a hardscaped and landscaped courtyard,
swimming pool, pool deck, courtyard, dog run, community gardens, fire pit, grilling station,
seating areas, and a common use interior clubhouse.
iii. "Courtyard" is defined as a landscaped or hardscaped area for residents'
use for leisure activities. Any such feature shall not disturb native soil at the Property without
prior approval from DEQ.
iv. "Dog Run" is defined as an enclosed area designed to allow freedom of
movement and a play area for residents' dogs. Any such feature shall not disturb native soil at the
Property without prior approval from DEQ.
v. "Greenway" is defined as a natural or constructed corridors traversing
open space, which may be used for pedestrian or bicycle passage. Greenways typically link areas
of activity, such as parks, cultural features, or historic sites with each other and with populated
areas.
vi. "Public Park" is defined as any land owned by the public and open for
use by the general public for active (including playgrounds) or passive recreational purposes or as
a refuge for wildlife.
vii. "Open Space" is defined as land maintained in a natural or landscaped
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state and used for natural resource protection, buffers, greenways, detention facilities for
stormwater.
viii. "Recreation" is defined as indoor and outdoor exercise -related, physically
focused, or leisure -related activities, whether active or passive, and the facilities for same,
including, but not limited to, studios, swimming pools, sports -related courts and fields, open
space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas.
ix. "Transit" is defined as a station or stop for the carrying of people, goods,
or materials from one place to another.
x. "Parking" is defined as the temporary accommodation of motor vehicles
in an area designed for same.
xi. "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, including without
limitation:
i. soil and water management issues, including without limitation those
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resulting from contamination identified in the Environmental Reports;
paragraph 8 above;
ii. issues related to potential sources of contamination referenced in
M. 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);
iv. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment; and
v. plans for assessing and addressing soils that will be exposed for contact
by future redevelopment that are presently under parking lots, buildings, or other de facto caps
that prevent exposure.
c. 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 Section
V: Work to be Performed above;
ii. soil grading and cut and fill actions;
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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).
d. 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.
e. Unless compliance with this Land Use Restriction is waived in writing by
DEQ in advance in regard to particular activity, no activities that encounter, expose, remove or
use groundwater (for example, installation of water supply wells, ponds, lakes or swimming
pools, or construction or excavation activities that encounter or expose groundwater) or surface
water may occur on the Brownfields Property unless and until DEQ states in writing, in advance
of the proposed activity, that said activity may occur if carried out along with any measures DEQ
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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. Prior
sampling and analysis of groundwater or surface water to the written satisfaction of DEQ in any
areas proposed for such activities, and submittal of the analytical results to DEQ is required. If
such results reflect contaminant concentrations that exceed the standards and screening levels
applicable to the uses authorized for the Brownfields Property, the groundwater -related activities
proposed may only occur in compliance with any written conditions DEQ imposes. Activities
may occur if carried out along with any measures DEQ deems necessary to ensure the
Brownfields Property will be suitable for the uses specified in subparagraph 15.a. above while
fully protecting public health and the environment.
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:
inches;
i. in connection with landscape planting to depths not exceeding 24
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.
g. New or existing building foundation structures and asphalt parking lot caps
must be maintained in good condition to prevent direct exposure to underlying soil and shall not
be removed unless said buildings or caps are removed in preparation for redevelopment, and then
said removal may take place only in accordance with an approved EMP as required by
subparagraph 15.b.
h. 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 in Paragraph 15.b.
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 Wake
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
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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 may use the following mechanisms to comply with the obligations of this
paragraph: (i) If every lease and rider is identical in form, the owner conveying an interest may
provide DEQ with copies of a form lease or rider evidencing compliance with this paragraph, in
lieu of sending copies of actual, executed leases, to the persons listed in Section XV (Notice and
Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather
than full copies of said leases, to the persons listed in Section XV.
k. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in paragraph 8 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
high density residential, amenity space, courtyard, dog run, greenway, public park, open space,
recreation, transit and parking uses, and with approval by DEQ, commercial use 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,
no
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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. 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 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. 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.
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 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 Wake County, certifying that,
as of said January 1 st, the Notice of Brownfields Property containing these land use restrictions
remains recorded at the Wake 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 submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year;
ii. the transferee's name, mailing address, telephone and facsimile
numbers, and contact person's e-mail address, if said owner transferred any part of the
Brownfields Property during the previous calendar year;
iii. whether soil caps (hardscape materials, clean soil, stone) and
landscaping required by subparagraph 15.g. above are being inspected and maintained to prevent
erosion and/or human exposure to contaminated soil or other media; 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 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
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.
20
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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
15.1. 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
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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 Wake
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 Wake 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
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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 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
23
Homewood Banks Apartments/21019-17-92/20190703

the Brownfields Property Application dated April 6, 2017 and as revised in correspondence dated
November 20, 2018, by which it applied for this Agreement. That use is high density residential,
amenity space, courtyard, dog run, greenway, public park, open space, recreation, transit and
parking uses, and subject to prior written approval by DEQ, 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. DEO'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
24
Homewood Banks Apartments/21019-17-92/20190703

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
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
25
Homewood Banks Apartments/21019-17-92/20190703

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 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
26
Homewood Banks Apartments/21019-17-92/20190703

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 §
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.
27
Homewood Banks Apartments/21019-17-92/20190703

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.
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
Homewood Banks Apartments/21019-17-92/20190703

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:
Brownfields 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:
Alexander B. Andrews, Jr.
Homewood DRP, LLC (or successor in function)
2626 Glenwood Ave. Ste. 195
Raleigh, NC, 27608
Alexander B. Andrews, Jr.
CRP/DRP Homewood Owner, LLC (or successor in function)
1001 Pennsylvania Ave NW, Suite 220 South
Washington, DC 20004
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.
29
Homewood Banks Apartments/21019-17-92/20190703

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
30
Homewood Banks Apartments/21019-17-92/20190703

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
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.
31
Homewood Banks Apartments/21019-17-92/20190703

IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Ellen Lorscheider Date
Deputy Director, Division of Waste Management
IT IS SO AGREED:
Homewood DRP, LLC
By:
Alexander B. Andrews Jr. Date
Manager
CRP/DRP Homewood Owner, LLC
By:
Alexander B. Andrews Jr.
Manager
32
Homewood Banks Apartments/21019-17-92/20190703
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EXHIBIT C
BROWNFIELDS PROJECT NAME: HOMEWOOD BANKS APARTMENTS
BROWNSFIELDS PROJECT NUMBER: 21019-17-092
Beginning at an existing iron pipe on the northern right of way of Blue Ridge Rd SR 1670
(Variable Width Public Right of Way), said point being South 69°52'43" West 163.15 feet from
an existing spike in a concrete island at the intersection of Blue Ridge Road SR 1670 (Variable
Width Public Right of Way) and Homewood Banks Drive SR 1669 (Variable Width Public Right of
way), said existing spike having NC grid coordinates (NAD83/2011) of N=758,330.59,
E=2,094,719.48, thence from said Beginning point leaving said right of way North 37°49'18"
West 1,049.20 feet to an existing iron pipe on the southeastern right of way corner of Stony
Crest Road (Unimproved 30' Public Right of Way), thence with said right of way North 37°49'18"
West 30.01 feet to an existing concrete monument at the northeastern right of way corner of
Stony Crest Road (Unimproved 30' Public Right of Way), thence with said right of way South
53°15'59" West 88.30 feet to an existing concrete monument, thence South 61. 08'23" West
11.59 feet to a rebar set at the intersection with the eastern right of way of Right of Way
Dedication Area (for future neighborhood street) shown on Book of Maps 2008, Page 70-71
Wake County Registry, thence leaving said Stony Crest Road (Unimproved 30' Public Right of
Way) right of way and with said eastern right of way line of the Right of Way Dedication Area
(for future neighborhood street) along a curve to the left having a radius of 407.87 feet, an arc
length of 119.68 feet, and a chord bearing and distance of North 29°50'38" East 119.25 feet to a
rebar set, thence North 21°26'17" East 72.52 feet to rebar set, thence leaving said right of way
North 47°33'57" East 779.27 feet to an existing iron pipe, thence South 11°11'00" East 199.67
feet to an existing concrete monument, thence South 54°26'03" West 160.91 feet to an existing
iron pipe, thence South 37°33'29" East 337.66 feet to an existing iron pipe, thence South
64°43'09" East 209.73 feet to a rebar set on the western right of way of Homewood Banks Drive
SR 1669 (Variable Width Public Right of Way), thence with said right of way South 07°08'51"
West 21.16 feet to a rebar set, thence South 05°16'49" West 565.79 feet to a rebar set, thence
South 11°09'59" West 107.51 feet to an existing rebar, thence South 31°02'39" West 64.01 feet
to an existing iron pipe found disturbed, thence South 48°40'22" West 150.54 feet to the point
and place of beginning containing 15.299 Acres more or less and being Crabtree Lakeside
Residences Lots 1 and 2 as shown on Book of Maps 2018, Page 70-71, Wake County Registry.