21002_Eagle Island_PCPkg_20191120

NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY
Site Name: Eagle Island
Brownfields Project Number: 21002-17-010
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 November
229 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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1

SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Site Name: Eagle Island
Brownfields Project Number: 21002-17-010
Pursuant to NCGS § 130A-310.34, Holdings of TCM, Inc. and Burgess Group Consolidated, 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 ("Property") in New Hanover and Brunswick Counties,
North Carolina. The Brownfields Property, which consists of five parcels totaling approximately 39.7 acres and
is located at 105, 116, and 125 Battleship Road NE with the northern portion of the Property located in
Wilmington and the southern portion of the Property located in Leland. Environmental contamination exists on
the Brownfields Property in groundwater and soil. Holdings of TCM, Inc. and Burgess Group Consolidated, LLC
have committed itself to no uses other than single-family residential, high density residential, short-term rental
home, office, retail, restaurant, hotel, recreation, marina, open space and associated parking, and subject to DEQ's
prior written approval, other commercial uses on the Brownfields Property. The Notice of Intent to Redevelop a
Brownfields Property includes: (1) a proposed Brownfields Agreement between DEQ and Holdings of TCM, Inc.
and Burgess Group Consolidated, LLC, which in turn includes (a) a map showing the location of the Property,
(b) a description of the contaminants involved and their concentrations in the media of the Property, (c) the above -
stated description of the intended future use of the Brownfields Property, and (d) proposed investigation and
remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance with NCGS § 130A-
310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the New Hanover
Public Library — Main Branch, 201 Chestnut Street, Wilmington, NC 28401 by contacting Natasha Francois at
[phone] or at nfrancoisknhcgov.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.liggins(kncdenr.gov, or at (919)
707-8383. The full Notice of Intent may also be viewed online at the DEQ public record database, Laserfiche, by
entering the project number 21002-17-010 into the search bar at the following web address:
hgp:Hedocs.deq.nc.gov/wasteMana eg ment.
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 November 22, 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
Eagle Island/21002-17-010/19Nov2019

Property Owner: Holdings of TCM, Inc.
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Site Name: Eagle Island
Brownfields Project Number: 21002-17-010
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 2019 by
Holdings of TCM, Inc. and Burgess Group Consolidated, LLC ("co -Prospective
Developers").
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 comprised of five parcels totaling approximately 39.7 acres
located at 105, 116, and 125 Battleship Road NE with the northern portion in Wilmington, New
Hanover County and the southern portion in Leland, Brunswick County. The Brownfields
Property is situated immediately to the west of the Cape Fear River; it is low-lying and portions of
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it are undeveloped wetlands. Historically the Brownfields Property was originally developed for
agricultural use during the mid-1700s until the mid-1800s, when it transitioned to industrial use
including warehousing of cargo, naval stores, raw and milled lumber storage and shipping,
turpentine stills, fertilizer production and storage, and shipbuilding and repair. The co -Prospective
Developers have committed to redeveloping the Brownfields Property for no uses other than
single-family residential, high density residential, short-term rental home, office, retail, restaurant,
hotel, recreation, marina, open space and associated parking, 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 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 Brownfields Property includes parcels located in New Hanover County for which
there were previous land use restrictions recorded in 2016 as part of a previous brownfields
agreement (Brownfields Project No. 19071-15-065). The land use restrictions placed herein
supersede and replace the original land use restrictions recorded for the New Hanover
County parcels with those set forth in this paragraph. The land use restrictions below have
been excerpted verbatim from paragraph 15 of the Brownfields Agreement, and all
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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 single-family
residential, high density residential, short-term rental home, office, retail, restaurant, hotel,
recreation, marina, open space and associated parking, and subject to DEQ's prior written
approval, other commercial uses. For purposes of this restriction, the following definitions
apply:
i. "Single-family residential" is defined as a permanent dwelling on an
individually owned lot designed for residence by one family.
ii. "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 seating and gathering areas, recreation areas and parking garages.
iii. "Short-term rental home" is defined as a detached dwelling unit that is
privately owned, but may be rented or leased through a governing resort or leasing agency
in accordance with all applicable local, state and federal regulations.
iii. "Office" is defined as the location where business or professional services,
including financial services, are rendered.
iv. "Retail" is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal
service, entertainment, and the sales of food and beverage products.
V. "Restaurant" is defined as a commercial business establishment that
prepares and serves food and beverages, including alcoholic beverages under all applicable
local, state and federal regulations, to patrons.
vi. "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.
vii. "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 or wading pools, clubhouses,
sports -related courts and fields, open space, greenways, parks, playgrounds, walking paths,
dog runs, picnic and public gathering areas, campgrounds, boat docks, and marinas.
viii. "Marina" is defined as a port within a sheltered harbor where boats and
yachts are kept in the water or stored out of the water in dry dock. A marina may have
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refueling, washing and repair facilities for vessels and rooms, bathing, stores, restaurants,
meeting facilities, and vehicle and trailer parking for use by customers or members that
has been designed and constructed in accordance with all applicable local, state, and
federal regulations.
ix. "Open space" is defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, or retention facilities
for stormwater.
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.
xii. "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 Brownfields
Property without prior approval from DEQ.
xiii. "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 Brownfields Property without prior approval from DEQ.
b. Notwithstanding the allowances for residential use in paragraph 15.a., the portion
of the Brownfields Property denoted as "Zone 8" on the plat component of the Notice
referenced below in paragraph 20 may not be used for residential purposes unless or until
Prospective Developer or the then current owner demonstrates, to DEQ's written
satisfaction by sampling and chemical analysis under a DEQ-approved work plan that
Zone 8 of the Brownfields Property is, or can be made, suitable for such use.
c. Physical redevelopment of the Brownfields Property may not occur other than in
accord, as determined by DEQ, with an Environmental Management Plan ("EMP")
approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to
each subsequent redevelopment phase) that is consistent with all the other land use
restrictions and describes redevelopment activities at the Brownfields Property, the timing
of redevelopment phases, and addresses health, safety and environmental issues that may
arise from use of the Brownfields Property during construction or redevelopment in any
other form, including without limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in Exhibit
2;
iii. contingency plans for addressing, including without limitation the testing
of soil and groundwater, newly discovered potential sources of environmental
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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 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 materials
(for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
e. Prior to the construction of any dwelling on the Brownfields Property, the then
owner shall cause the Brownfields Property to be subject to a declaration of covenants,
conditions, and restrictions, or a functionally equivalent instrument recorded, or to be
recorded, in the New Hanover County and/or the Brunswick County Registries (the
"Declaration"), and shall also establish or, if an existing homeowners' association is
extended to serve the Brownfields Property, participate in a homeowners' association, a lot
owners' association, or similar entity associated with the Brownfields Property ("Property
Association") consistent with the declarations and ensure it is initialized with resources
consistent with this subparagraph:
i. The Declaration shall provide that all owners of all or part of the
Brownfields Property shall strictly comply with the terms and conditions of this Agreement
and the Notice of Brownfields Property referenced below in paragraph 20.
ii. The Declaration shall provide that the Property Association has the
authority and obligation to operate and maintain any vapor mitigation system installed for
the purposes of mitigating possible vapor intrusion at the property.
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iii. For the purposes of N.C.G.S. §130A-310.35(f), which authorizes various
persons to enforce land use restrictions, the Declaration shall provide that the Property
Association is such a person so authorized by the Act to administer and enforce the land
use restrictions as an owner of land and as a person eligible for liability protection
pursuant to the Act. Further, the Declaration shall provide that the Property Association
has the authority and obligation to administer and enforce the land use restrictions on
behalf of all lot owners and members of the Property Association, including but not limited
to submittal of Land Use Restrictions Update referenced in subparagraph 15.q.
iv. The Declaration shall provide the Property Association the authority and
obligation, to the extent permissible under North Carolina law, to treat any violation of the
terms and conditions of this Agreement or of the Notice of Brownfields Property by any
owner of any part of the Brownfields Property as a violation of the Declaration and to
undertake any and all enforcement remedies provided in the Declaration for such a
violation. The Declaration shall provide that, in the event a violation of this Agreement or
the Notice of Brownfields Property by any owner of any part of the Brownfields Property
becomes known to the Property Association, the Property Association shall undertake
reasonable enforcement actions to correct said violation. Furthermore, the Declaration
shall specifically provide that failure by any owner of any part of the Brownfields Property
to remedy or correct such violations of this Agreement and the Notice of Brownfields
Property after any applicable notice and cure periods to the reasonable satisfaction of DEQ
could result in that owner's loss of liability protection afforded by this Agreement and the
Act.
v. The Declaration shall provide that the Property Association will notify
DEQ of violations of this Agreement or the Notice of Brownfields Property by any owner of
any part of the Brownfields Property and any associated enforcement actions taken or
planned within thirty (30) days of such violation becoming known to the Property
Association.
vi. The Declaration shall provide that the Property Association maintain a
cash reserve dedicated for use in undertaking the obligations set forth in this Agreement,
including, without limitation, technical, administrative, and legal actions to enforce this
agreement. It shall also provide that the cash reserve shall initially be maintained at not
less than Twenty Thousand Dollars ($20,000.00), and shall be increased in the future as
deemed necessary by the Property Association in order to ensure its obligations to enforce
the land use restrictions can be carried out. The amount of the cash reserve may be
decreased only with DEQ's prior written consent, which shall not be unreasonably
withheld, conditioned, or delayed.
vii. The portions of the Declaration, and the portions of the bylaws of the
Property Association, pertaining to the subject matter of this paragraph 15 shall be
submitted to DEQ for review and comment as to the subject matter of this paragraph 15,
which shall not be unreasonably withheld, conditioned, or delayed.
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viii. The Declaration shall further provide that the Property Association will
be responsible for submission of copies of deeds and other instruments of conveyance to the
persons listed in Section XV (Notices and Submissions) of this Agreement in accordance
with subparagraph 15.m. below.
f. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ.
g. No activity that disturbs soil on the Brownfields Property in an "Area of Potential
Soil Contamination" as delineated on the plat component of the Notice of Brownfields
Property referenced below in paragraph 20, 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.c.
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 subparagraph
15.c. above.
i. No use of the Brownfields Property may occur until the then owner of
the Brownfields Property conducts representative final grade soil sampling of any area that
is not covered by building foundations, sidewalks, or asphaltic or concrete parking areas
and driveways within the residential or short-term rental home areas of
the Brownfields Property on the plat component of the Notice of Brownfields Property
described in paragraph 20, pursuant to a plan approved in writing by DEQ.
j. 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:
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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 designed, installed, and
implemented in a manner that will fully protect public health 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, and to DEQ. 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.
k. The Brownfields Property may not be used for kennels, private animal pens or
horse -riding unless approved in writing in advance by DEQ.
1. 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.
m. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: "This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the New Hanover
County land records, Book , Page and in the Brunswick 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.
n. None of the contaminants known to be present in the environmental media at the
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Brownfields Property, as described in Exhibit 2 of this Agreement, and as modified by
DEQ in writing if additional contaminants in excess of applicable standards are discovered
at the Brownfields Property, may be used or stored at the Brownfields Property without
the prior written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as fuel or other fluids customarily used in vehicles, landscaping equipment
and emergency generators; or
iii. as constituents of products and materials customarily used and stored in
residential, office, retail, restaurant, hotel, recreation, open space, marina, and parking
environments, provided such products and materials are stored in original retail packaging
and used and disposed of in accordance with applicable laws.
o. No mining may be conducted on or under the Brownfields Property, including,
without limitation, extraction of coal, oil, gas, sand, or any other minerals or non -mineral
substances unless approved in writing in advance by DEQ.
p. 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.
q. During January of each year after the year in which the Notice referenced below
in paragraph 20 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update ("LURU")
to DEQ, and to the chief public health and environmental officials of New Hanover County
and Brunswick County, certifying that, as of said January 1st, the Notice of Brownfields
Property containing these land use restrictions remains recorded at the New Hanover
County and Brunswick County Register of Deeds offices 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; and
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, unless a joint LURU as noted in subparagraph 15.r. below is in
force; and
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iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 15.j.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.
r. A joint LURU may be submitted for multiple owners by a duly constituted board
or association and shall include the name, mailing address, telephone and facsimile
numbers, and contact person's e-mail address of the entity submitting the joint LURU as
well as for each of the owners on whose behalf the joint LURU is submitted.
s. LURU's submitted for any portion of the Brownfields Property that contains
rental units shall include a list of tenants and their addresses.
t. A property owners' association or other entity may perform this LURU's duties,
on behalf of some or all owners of the Brownfields Property, if said association or entity
has accepted responsibility for such performance pursuant to a notarized instrument
satisfactory to DEQ that includes at a minimum, the name, mailing address, telephone and
facsimile numbers, and e-mail address of each owner on whose behalf the LURU is
proposed to be submitted.
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,
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 , 2019.
Holdings of TCM, Inc.
Jason C. Shott
Vice President
NORTH CAROLINA
COUNTY
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Date:
Official Signature of Notary
(Official Seal) Notary's printed or typed name, Notary Public
My commission expires:
Eagle Island/21002-17-010/05Nov2019
11

IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this day of , 2019.
LM
NORTH CAROLINA
COUNTY
Burgess Group Consolidated, LLC
Vince Burgess
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:
Eagle Island/21002-17-010/05Nov2019
12

************************************
ACKNOWLEDGMENT OF PROPERTY OWNER
As the current owner, or representative of said owner, of at least part of the Brownfields
Property, I hereby acknowledge recordation of this Notice of Brownfields Property and the land
use restrictions contained herein.
Holdings of TCM, Inc.
By:
Jason C. Shott Date
Vice President
NORTH CAROLINA
COUNTY
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Date:
Official Signature of Notary
Notary's printed or typed name, Notary Public
(Official Seal) My commission expires:
Eagle Island/21002-17-010/05Nov2019
13

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
Eagle Island/21002-17-010/05Nov2019
14

EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: Holdings of TCM, Inc. and Burgess Group Consolidated, LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Eagle Island
OF 1997, NCGS § 130A-310.30, et sue. ) 105, 116, & 125 Battleship Road NE
Brownfields Project # 21002-17-010 ) Leland, Brunswick County
Wilmington, New Hanover County
I. INTRODUCTION
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and Holdings of TCM, Inc. and Burgess Group
Consolidated, LLC (collectively the "Parties") pursuant to the Brownfields Property Reuse Act
of 1997, NCGS § 130A-310.30, et sue. (the "Act") for the property located at 105 and 125
Battleship NE Road, Wilmington, New Hanover County, PINS R05300-001-001-000 and
R05300-001-002-000, respectively; and 116 Battleship NE Road, Leland, Brunswick County
(PINS 03900008, 03900011, and 0390000901) (the "Brownfields Property"), respectively. A
map showing the location of the Brownfields Property that is the subject of this Agreement is
attached hereto as Exhibit 1.
For the purposes of this Agreement, Holdings of TCM, Inc. and Burgess Group
Consolidated, LLC are co -Prospective Developers. The co -Prospective Developer, Burgess
Group Consolidated, LLC, is a North Carolina based limited liability corporation, formed on
January 18, 2005, with its principal office located at 605 Warsaw Road, Clinton, NC 28328-
3681. The manager of Burgess Group Consolidated, LLC is Vince Burgess. Co -Prospective
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Developer Holdings of TCM, Inc. is a North Carolina corporation that was formed on March 13,
2003 with its principal office located at 131 Plantation Ridge Drive, Suite 200, Mooresville, NC
28117-9159. The Vice President of Holdings of TCM, Inc. is Jason C. Shott.
Co -Prospective Developer Burgess Group Consolidated, LLC owned all of the
Brunswick County parcels effective February 6, 2017, but subsequently transferred ownership of
the Brunswick County parcels to co -Prospective Developer Holdings of TCM, Inc. on May 8,
2017. Co -Prospective Developer Holdings of TCM, Inc. is the current owner of the New
Hanover County and Brunswick County parcels subject to this Agreement.
Burgess Group Consolidated, LLC and Holdings of TCM, Inc. each agree to undertake
all actions required of the Prospective Developer and to comply with the terms and conditions of
this Agreement to the extent that such party holds or has ever held an interest in the Brownfields
Property or portion thereof. The parties further agree that Burgess Group Consolidated, LLC
and Holdings of TCM, Inc., will be jointly and severally liable for violations of this Agreement
and the terms of liability protections under paragraph 25 of this Agreement, except that Burgess
Group Consolidated, LLC shall not have any obligation under this Agreement for any portion of
the Brownfields Property it has not held title to, that being the New Hanover County parcels
subject to this Agreement, unless Burgess Group Consolidated, LLC purchases any portion of
the New Hanover County parcels in the future.
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
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potential liability of Holdings of TCM, Inc. and Burgess Group Consolidated, LLC for
contaminants at the Brownfields Property.
The Parties agree that Holdings of TCM, Inc. and Burgess Group Consolidated, LLC's
entry into this Agreement, and the actions undertaken by Holdings of TCM, Inc. and Burgess
Group Consolidated, LLC in accordance with the Agreement, do not constitute an admission of
any liability by Holdings of TCM, Inc. and Burgess Group Consolidated, LLC for contaminants
at the Brownfields Property. The resolution of this potential liability, in exchange for the benefit
Holdings of TCM, Inc. and Burgess Group Consolidated, 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 Holdings of TCM, Inc. and Burgess Group
Consolidated, LLC as co -Prospective Developers.
III. STATEMENT OF FACTS
3. The Brownfields Property comprises five (5) parcels totaling approximately 39.7 acres
on either side of Battleship Road NE, with the two northernmost parcels lying in New Hanover
County and the three southern parcels lying in Brunswick County.
21002-17-010 Eagle Island/05Nov2019

a. The Brownfields Property is located on Eagle Island directly west of the Cape
Fear River and the City of Wilmington. That portion of the Brownfields Property that is located
in New Hanover County (PINS R05300-001-001-000 and R05300-001-002-000) is subject to a
prior Brownfields Agreement (BF Project No. 19071-15-065, Site Name: Battleship Road),
which was recorded on November 15, 2016 (New Hanover County Registry of Deeds, Book RB
6017, Page 1759).
b. This Brownfields Agreement supersedes the original Brownfields Agreement
for the New Hanover County parcels previously recorded in 2016 as referenced above
(Brownfields Project No. 19071-15-065), and replaces those land use restrictions respective to
these parcels with those provided below in paragraph 15. It is the intent of DEQ and the
Prospective Developer that the execution and recordation of this Agreement between DEQ and
Prospective Developer shall not in any way impact any other person's existing liability
protection under the Brownfields Property Reuse Act and previously entered Brownfields
Agreements. Specifically, this Agreement shall not alter the existing liability protection of any
applicable person identified in Section 130A-310.33 of the Brownfields Property Reuse Act as
provided by the respective agreement attached as Exhibit A to the Battleship Road Notice of
Brownfields Property that was originally recorded on November 15, 2016 at the New Hanover
County Registry of Deeds (Book RB 6017, Page 1759).
c. The Prospective Developer proposes to use the Brownfields Property for no
uses other than single-family residential, high density residential, short-term rental home, office,
retail, restaurant, hotel, recreation, marina, open space and associated parking, and subject to
rd
21002-17-010 Eagle Island/05Nov2019

DEQ's prior written approval, other commercial uses.
4. The Brownfields Property is bordered to the north by the U.S.S. North Carolina Road
(S.E. #1352), beyond which is the parking lot for the U.S.S. NC Battleship Memorial; to the east
by the Cape Fear River with downtown Wilmington beyond; to the south by an electrical sub-
station owned by Duke Energy Progress, Inc. and US Highway 17 Business beyond; and to the
west by either Highway 421 or three undeveloped properties owned by Wilmington Unique
Places, LLC or Holdings of TCM, Inc.
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 I Environmental Site Assessment
ECS Carolina, LLP
May 30, 2014
Report
Phase II Environmental Site Assessment
ECS Carolinas, LLP
July 17, 2015
Report of Findings for Battleship Road
Catlin Engineers and
June 23, 2016
Brownfields Project
Scientists
Phase I Environmental Site Assessment
Geosyntec Consultants of
NC, PC
January 13, 2017
Phase II Environmental Site Assessment
Geosyntec Consultants of
NC, PC
May 17, 2017
Interim Removal Action Report
Geosyntec Consultants of
NC, PC
August 30, 2017
Human Health Risk Assessment Report
Geosyntec Consultants of
NC, PC
September 8, 2017
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. Eagle Island is a historic location of agricultural and industrial operations,
including naval commerce, lumber production, turpentine production, fertilizer production and
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21002-17-010 Eagle Island/05Nov2019

sales, and tar and resin storage from the 1800s to the 1900s. The Brownfields Property was
originally developed for agricultural use during the mid-1700s. The area was principally used for
the cultivation of rice until the late 1700s until the mid- 1800s, when it was transitioned to
industrial use. The Brownfields Property is low-lying and portions of it are undeveloped
wetlands.
b. From the late 1700s, Eagle Island, on which the Brownfields Property is
situated, was utilized for various facilities associated with port operations for the area. Activities
on the site, or in the immediate vicinity included warehousing of cargo, naval stores, raw and
milled lumber storage and shipping, lumber mills, turpentine stills, and fertilizer production and
storage, as well as shipbuilding and repair. Operations of these types continued on Eagle Island
into the 1900s, with operations diminishing until the 1960s.
c. The shoreline along the Cape Fear River has historically been fortified with fill
material, bulkheads, docks, wharfs, and piers since at least the 1850s. In 1856, historical maps of
the City of Wilmington indicate that the northeast portion of the Brownfields Property was
subdivided for commercial and/or residential purposes. The central portion of the Brownfields
Property (the southern area of the New Hanover County parcels) and adjoining land to the south
in Brunswick County were reportedly used to retrofit and build ships since prior to the Civil
War. The central portion of the Brownfields Property was reportedly used as a Confederate
Naval Yard during the Civil War from 1861 to 1865.
d. By 1881, the New Hanover County portion of the Brownfields Property was
primarily used for industrial purposes, primarily for the production and storage of naval stores.
Co
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By 1915, there was a residential dwelling located to the west of Battleship Road on the New
Hanover portion of the Brownfields Property and the southern New Hanover County portion of
the Brownfields Property transitioned from turpentine manufacturing back to ship building, and
it was occupied by the Stone Marine Railway Company. During the 1880s until 1950, industrial
activities, including bulk petroleum storage, fertilizer manufacturing, and equipment
maintenance, occurred on the New Hanover County portion of the Brownfields Property.
e. By the mid-1950s, the northern portion of the Brownfields Property was mostly
vacant and unoccupied. A truck maintenance shop was located on the northern portion of the
New Hanover County portion of the Brownfields Property in 1955, but it was demolished by
1974. Partially submerged marine vessels, dock pilings, and remnants of the marine railway
yard remain along the river's western shoreline. Over the past 160 years, numerous land- and
marine -based buildings have been constructed, demolished, burned down, or deteriorated over
time on Eagle Island.
f. The Brunswick County portion of the Brownfields Property may historically
been used for a variety of industrial operations as noted above, but has been vacant and primarily
unused since the mid-1960s, except for commercial use in the late 1980s. At that time, the
Brunswick County portion of the Brownfields Property was acquired by S&G Prestress
Company and the Arundel Corporation (collectively doing business as Vulcan Materials
Company). This portion of the Brownfields Property was used as a laydown yard for concrete
building materials during Vulcan Materials Co. operations. The co -Prospective Developer,
Burgess Group Consolidated, LLC, acquired this portion of the Brownfields Property on
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February 7, 2017. Co -Prospective Developer Holdings of TCM, Inc. purchased the Brunswick
County parcels of the Brownfields Property from Burgess Group Consolidated, LLC on May 8,
2017.
g. The New Hanover County portion of the Brownfields Property was owned by
Wright Chemical Corporation from 1979 to 1993; by Carolina Power and Light Company from
1993 to 2000; by Winner, LLC from 2000 to 2013; by Muddy Waters Properties, LLC from
2013 to 2015; and by Holdings of TCM, Inc. from 2015 to the present.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. Soil and groundwater sampling activities were conducted at the New Hanover
County portion of the Brownfields Property in June 2015, and in April and May 2016, The area
of the Brownfields Property was divided into seventeen (17) sampling zones in which soil
samples were collected for screening. A total of ninety-eight (98) individual soil samples and
seventeen (17) composite samples were collected and screened.
b. A similar effort of soil and groundwater sampling, including the excavation of
test pits, was conducted at the Brunswick County portion of the Brownfields Property in March
2017. Metals and semi -volatile organic compounds (SVOCs) have been detected in soils at the
Brunswick County portion of the Brownfields Property at concentrations exceeding North
Carolina residential and non-residential screening levels. Arsenic detected at the Brownfields
Property is primarily consistent with naturally occurring concentrations found throughout the
region and is not considered to be a result of historical operations, except for one area located in
21002-17-010 Eagle Island/05Nov2019

undevelopable wetlands. The other metals (mercury, thallium, and manganese) and SVOCs
detected at the site in exceedance of their respective residential screening levels are attributed to
historical operations at the site.
c. As a result of the March 2017 soil assessment, approximately 99 tons of soil
impacted with a tar/resin substance was excavated and removed from the Brownfields Property,
and disposed of off -site in August 2017. This remedial action resulted in the removal from the
Brownfields Property of the soil exhibiting metals concentrations in excess of residential
screening levels with the exception of one area (Z-8).
d. Metals, phenol, and/or ammonia have been detected in groundwater at the
Brownfields Property at concentrations exceeding their respective North Carolina 2L
Groundwater Standards. The presence of these compounds in groundwater are attributed to
historical ship building and repair operations, and fertilizer manufacturing and storage at the
Brownfields Property.
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on August 4, 2017. The tables set forth in Exhibit 2 to this
Agreement present contaminants present at the Brownfields Property above applicable standards
or screening levels for each media sampled.
9. For purposes of this Agreement DEQ relies on Prospective Developer's
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (BPA) dated October 5, 2015 for the
I
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New Hanover County parcels, and a BPA dated February 8, 2017 for the Brunswick County
parcels, and the following:
a. In December 2015, Team Carolina Marine, Inc., a predecessor company of co -
Prospective Developer Holdings of TCM, Inc., purchased the New Hanover County parcels of
the Brownfields Property;
b. On February 7, 2017, co -Prospective Developer Burgess Group Consolidated,
LLC purchased the Brunswick County parcels of the Brownfields Property.
c. On May 8, 2017, co -Prospective Developer Burgess Group Consolidated, LLC
sold the Brunswick County parcels of the Brownfields Property to Holdings of TCM, Inc., the
owner of the New Hanover County parcels.
d. In August 2017, co -Prospective Developer Holdings of TCM, Inc. authorized
the removal of contaminated soils from the Brunswick County parcels of 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
10
21002-17-010 Eagle Island/05NoQ019

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
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:
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21002-17-010 Eagle Island/05Nov2019

a. a return to productive use of the Brownfields Property;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of jobs;
d. an increase in tax revenue for affected jurisdictions; and
e. additional residential, short-term rental home, office, retail, restaurant, hotel,
recreation, marina, open space, and parking for the area.
V. WORK TO BE PERFORMED
13. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) areas incorporated into the U.S. Green Building Council Leadership in Energy
and Environmental Design certification program (Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Locations & Linkages,
Awareness & Education, Innovation in Design and Regional Priority), or a similar program.
14. Based on the information in the Environmental Reports, and subject to imposition of
and compliance with the land use restrictions set forth below, and subject to Section IX of this
Agreement (DEQ's Covenant Not to Sue and Reservation of Rights), DEQ is not requiring
Prospective Developer to perform any active remediation at the Brownfields Property other than
remediation that may be required pursuant to a DEQ-approved Environmental Management Plan
(EMP) required by this Section.
15. By way of the Notice of Brownfields Property referenced below in paragraph 20,
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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. As referenced in paragraph 3 above, for the New Hanover County parcels, there
were previous land use restrictions recorded in 2016 as part of a previous brownfields agreement
(Brownfields Project No. 19071-15-065). The land use restrictions placed herein supersede and
replace the original land use restrictions recorded for the New Hanover County parcels with
those set forth in this paragraph. 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 single-family
residential, high density residential, short-term rental home, office, retail, restaurant, hotel,
recreation, marina, open space and associated parking, and subject to DEQ's prior written
approval, other commercial uses. For purposes of this restriction, the following definitions
apply:
i. "Single-family residential" is defined as a permanent dwelling on an
individually owned lot designed for residence by one family.
ii. "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 seating and gathering areas,
13
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recreation areas and parking garages.
iii. "Short-term rental home" is defined as a detached dwelling unit that is
privately owned, but may be rented or leased through a governing resort or leasing agency in
accordance with all applicable local, state and federal regulations.
iii. "Office" is defined as the location where business or professional
services, including financial services, are rendered.
iv. "Retail" is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
entertainment, and the sales of food and beverage products.
v. "Restaurant" is defined as a commercial business establishment that
prepares and serves food and beverages, including alcoholic beverages under all applicable local,
state and federal regulations, to patrons.
vi. "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.
vii. "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 or wading pools, clubhouses, sports -
related courts and fields, open space, greenways, parks, playgrounds, walking paths, dog runs,
picnic and public gathering areas, campgrounds, boat docks, and marinas.
viii. "Marina" is defined as a port within a sheltered harbor where boats
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and yachts are kept in the water or stored out of the water in dry dock. A marina may have
refueling, washing and repair facilities for vessels and rooms, bathing, stores, restaurants,
meeting facilities, and vehicle and trailer parking for use by customers or members that has been
designed and constructed in accordance with all applicable local, state, and federal regulations.
ix. "Open space" is defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, or retention facilities
for stormwater.
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.
xii. "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
Brownfields Property without prior approval from DEQ.
xiii. "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 Brownfields Property without prior approval from DEQ.
b. Notwithstanding the allowances for residential use in paragraph 15.a., the
portion of the Brownfields Property denoted as "Zone 8" on the plat component of the Notice
referenced below in paragraph 20 may not be used for residential purposes unless or until
Prospective Developer or the then current owner demonstrates, to DEQ's written satisfaction by
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sampling and chemical analysis under a DEQ-approved work plan that Zone 8 of the
Brownfields Property is, or can be made, suitable for such use.
c. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan (` EMP") approved
in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
Exhibit 2;
ii. issues related to potential sources of contamination referenced in
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
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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
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
e. Prior to the construction of any dwelling on the Brownfields Property, the then
owner shall cause the Brownfields Property to be subject to a declaration of covenants,
conditions, and restrictions, or a functionally equivalent instrument recorded, or to be recorded,
in the New Hanover County and/or the Brunswick County Registries (the "Declaration"), and
shall also establish or, if an existing homeowners' association is extended to serve the
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Brownfields Property, participate in a homeowners' association, a lot owners' association, or
similar entity associated with the Brownfields Property ('Property Association") consistent with
the declarations and ensure it is initialized with resources consistent with this subparagraph:
i. The Declaration shall provide that all owners of all or part of the
Brownfields Property shall strictly comply with the terms and conditions of this Agreement and
the Notice of Brownfields Property referenced below in paragraph 20.
ii. The Declaration shall provide that the Property Association has the
authority and obligation to operate and maintain any vapor mitigation system installed for the
purposes of mitigating possible vapor intrusion at the property.
iii. For the purposes of N.C.G.S. § 130A-310.35(f), which authorizes
various persons to enforce land use restrictions, the Declaration shall provide that the Property
Association is such a person so authorized by the Act to administer and enforce the land use
restrictions as an owner of land and as a person eligible for liability protection pursuant to the
Act. Further, the Declaration shall provide that the Property Association has the authority and
obligation to administer and enforce the land use restrictions on behalf of all lot owners and
members of the Property Association, including but not limited to submittal of Land Use
Restrictions Update referenced in subparagraph 15.q.
iv. The Declaration shall provide the Property Association the authority
and obligation, to the extent permissible under North Carolina law, to treat any violation of the
terms and conditions of this Agreement or of the Notice of Brownfields Property by any owner
of any part of the Brownfields Property as a violation of the Declaration and to undertake any
IN
21002-17-010 Eagle Island/05Nov2019

and all enforcement remedies provided in the Declaration for such a violation. The Declaration
shall provide that, in the event a violation of this Agreement or the Notice of Brownfields
Property by any owner of any part of the Brownfields Property becomes known to the Property
Association, the Property Association shall undertake reasonable enforcement actions to correct
said violation. Furthermore, the Declaration shall specifically provide that failure by any owner
of any part of the Brownfields Property to remedy or correct such violations of this Agreement
and the Notice of Brownfields Property after any applicable notice and cure periods to the
reasonable satisfaction of DEQ could result in that owner's loss of liability protection afforded by
this Agreement and the Act.
v. The Declaration shall provide that the Property Association will notify
DEQ of violations of this Agreement or the Notice of Brownfields Property by any owner of any
part of the Brownfields Property and any associated enforcement actions taken or planned within
thirty (30) days of such violation becoming known to the Property Association.
vi. The Declaration shall provide that the Property Association maintain a
cash reserve dedicated for use in undertaking the obligations set forth in this Agreement,
including, without limitation, technical, administrative, and legal actions to enforce this
agreement. It shall also provide that the cash reserve shall initially be maintained at not less than
Twenty Thousand Dollars ($20,000.00), and shall be increased in the future as deemed necessary
by the Property Association in order to ensure its obligations to enforce the land use restrictions
can be carried out. The amount of the cash reserve may be decreased only with DEQ's prior
written consent, which shall not be unreasonably withheld, conditioned, or delayed.
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vii. The portions of the Declaration, and the portions of the bylaws of the
Property Association, pertaining to the subject matter of this paragraph 15 shall be submitted to
DEQ for review and comment as to the subject matter of this paragraph 15, which shall not be
unreasonably withheld, conditioned, or delayed.
viii. The Declaration shall further provide that the Property Association
will be responsible for submission of copies of deeds and other instruments of conveyance to the
persons listed in Section XV (Notices and Submissions) of this Agreement in accordance with
subparagraph 15.m. below.
f. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ.
g. No activity that disturbs soil on the Brownfields Property in an "Area of
Potential Soil Contamination" as delineated on the plat component of the Notice of Brownfields
Property referenced below in paragraph 20, 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;
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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.c.
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 subparagraph 15.c. above.
i. No use of the Brownfields Property may occur until the then owner of
the Brownfields Property conducts representative final grade soil sampling of any area that is not
covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways
within the residential or short-term rental home areas of the Brownfields Property on the plat
component of the Notice of Brownfields Property described in paragraph 20, pursuant to a plan
approved in writing by DEQ.
j. 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:
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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 designed, installed, and
implemented in a manner that will fully protect public health 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,
and to DEQ. 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.
k. The Brownfields Property may not be used for kennels, private animal pens or
horse -riding unless approved in writing in advance by DEQ.
1. 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
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reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
m. Any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: "This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the New
Hanover County land records, Book , Page and in the Brunswick 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.
n. 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
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maintenance activities;
ii. as fuel or other fluids customarily used in vehicles, landscaping
equipment and emergency generators; or
iii. as constituents of products and materials customarily used and stored
in residential, office, retail, restaurant, hotel, recreation, open space, marina, and parking
environments, provided such products and materials are stored in original retail packaging and
used and disposed of in accordance with applicable laws.
o. No mining may be conducted on or under the Brownfields Property, including,
without limitation, extraction of coal, oil, gas, sand, or any other minerals or non -mineral
substances unless approved in writing in advance by DEQ.
p. 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.
q. 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 New Hanover County and Brunswick County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the New Hanover County and Brunswick County Register of
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Deeds offices 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; and
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, unless a joint LURU as noted in subparagraph 15.r. below is in force;
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 15.j.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.
r. A joint LURU may be submitted for multiple owners by a duly constituted
board or association and shall include the name, mailing address, telephone and facsimile
numbers, and contact person's e-mail address of the entity submitting the joint LURU as well as
for each of the owners on whose behalf the joint LURU is submitted.
s. LURU's submitted for any portion of the Brownfields Property that contains
rental units shall include a list of tenants and their addresses.
t. A property owners' association or other entity may perform this LURU's duties,
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21002-17-010 Eagle Island/05Nov2019

on behalf of some or all owners of the Brownfields Property, if said association or entity has
accepted responsibility for such performance pursuant to a notarized instrument satisfactory to
DEQ that includes at a minimum, the name, mailing address, telephone and facsimile numbers,
and e-mail address of each owner on whose behalf the LURU is proposed to be submitted.
16. The desired result of the above -referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in the Agreement while fully protecting
public health and the environment.
17. The guidelines, including parameters, principles and policies within which the
desired results are to be accomplished are, as to field procedures and laboratory testing, the
Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund Section and the Division
of Waste Management Vapor Intrusion Guidance, as embodied in their most current version.
18. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
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
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the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
20. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property for the Brownfields Property containing, inter alia, the land use restrictions set forth in
Section V (Work to Be Performed) of this Agreement and a survey plat of the Brownfields
Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date of this
Agreement, Prospective Developer shall file the Notice of Brownfields Property in the New
Hanover County and Brunswick 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
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21002-17-010 Eagle Island/05NoQ019

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 New Hanover County land records, Book , Page and the Brunswick
County land records, Book , Page ." A copy of any such instrument shall be sent to the
persons listed in Section XV (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said redactions
comply with the confidentiality and trade secret provisions of the North Carolina Public Records
Law. Prospective Developer may use the following mechanisms to comply with the obligations
of this paragraph: (i) If every lease and rider is identical in form, Prospective Developer may
provide DEQ with copies of a form lease or rider evidencing compliance with this paragraph, in
lieu of sending copies of actual, executed leases, to the persons listed in Section XV (Notices and
Submissions); or (ii) Prospective Developer may provide abstracts of leases, rather than full
copies of said leases, to the persons listed in Section XV.
22. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
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
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Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in paragraph 35.a. below of
any such required notification.
VIII. CERTIFICATION
24. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated February 8, 2017, by which it applied for this
Agreement, and subsequent correspondence dated August 5, 2019. That use is single-family
residential, high density residential, short-term rental home, office, retail, restaurant, hotel,
recreation, marina, open space and associated parking, 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
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21002-17-010 Eagle Island/05NoQ019

at the Brownfields Property.
IX. DEQ'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
25. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
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
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21002-17-010 Eagle Island/05Nov2019

Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
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.
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27. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
28. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 25 through 27 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
29. In consideration of DEQ's Covenant Not To Sue in Section IX of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above -referenced Notice of Brownfields Property.
XI. PARTIES BOUND
30. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party's signatory to this
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.
32
21002-17-010 Eagle Island/05Nov2019

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.
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,
33
21002-17-010 Eagle Island/05Nov2019

the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XIV. PAYMENT OF ENFORCEMENT COSTS
34. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section V (Work to be Performed), it shall be
liable for all litigation and other enforcement costs incurred by DEQ to enforce this Agreement
or otherwise obtain compliance.
XV. NOTICES AND SUBMISSIONS
35. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information, all notices and submissions pursuant to this Agreement shall be
sent by prepaid first class U.S. mail, as follows:
a. for DEQ:
Brownfields Property Management Unit (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
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21002-17-010 Eagle Island/05Nov2019

Raleigh, NC 27699-1646
b. for Prospective Developer:
Vince Burgess
Burgess Group Consolidated, LLC
250 Raleigh Street
Wilmington, NC, 28412
Jason C. Shott (or successor in function)
Holdings of TCM, Inc.
131 Plantation Ridge Drive, Suite 200
Mooresville, NC 28117-9159
Notices and submissions sent by prepaid first-class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVI. EFFECTIVE DATE
36. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ's approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in N.C.G.S. § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and invalidate its signature on this Agreement.
35
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XVII. TERMINATION OF CERTAIN PROVISIONS
37. If any Party believes that any or all of the obligations under Section VI
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XVIIL CONTRIBUTION PROTECTION
38. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
39. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
40. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XIX. PUBLIC COMMENT
41. This Agreement shall be subject to a public comment period of at least 30 days
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21002-17-010 Eagle Island/05Nov2019

starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.
IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Ellen Lorscheider Date
Deputy Director, Division of Waste Management
IT IS SO AGREED:
BURGESS GROUP CONSOLIDATED, LLC
By:
Vince Burgess Date
Manager
IT IS SO AGREED:
Holdings of TCM, Inc.
By:
Jason C. Shott
Vice President
37
Date
21002-17-010 Eagle Island/05Nov2019

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Subject Site: Parcel No. 0390000901,
a Q Brownfields Property
03900011, 03900008, 3117676762, and
3117686022
a : ' Parcel Boundary
Battle Ship Road NE
Eagle Island, North Carolina
v Notes:
1. 2013 topographic map obtained from USGS The National
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2. Site is within the Wilmington Quadrangle.
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by
Raleigh, NC 7F
November 2019
_ Brunswick County, North Carolina GIS Website.

Exhibit 2
The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on August 4, 2017. The following tables set forth, for
contaminants present at the Brownfields Property above unrestricted use standards or screening
levels, the concentration found at each sample location, and the applicable standard or screening
level. Screening levels and groundwater standards are shown for reference only and are not set
forth as cleanup levels for purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
the standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, (April 1, 2013 version):
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Standard (µg/L)
Standard
(µg/L)
Ammonia
MW-4
3/27/2017
4,000
1,500
MW-5
3/28/2017
2,850
TW-1 (2017)1
3/23/2017
7,270
TW-1(2015)1
6/15/2015
8,300
TW-2
6/15/2015
3,100
TW-3
6/15/2015
19100
TW-6
6/15/2015
3,200
BB-TW02
5/4/2016
2,720
BB-TW03
5/4/2016
7,190
BB-TW04
5/4/2016
7,560
BB-TW 11
5/4/2016
3,550
BB-TW13
5/4/2016
2,350
BB-TW 14
5/4/2016
8,080
Arsenic
MW-4
3/27/2017
267
10
Manganese
MW-1
3/28/2017
114
50
MW-2
3/27/2017
107
MW-3
3/27/2017
410
MW-4
3/27/2017
1,760
MW-5
3/28/2017
1,060
TW-1 (2017)1
3/23/2017
3,430
Bis(2-Chloroethoxy)
methane
BB-TW04
5/4/2016
52.3
NS
3/4-Methylphenol
BB-TW04
5/4/2016
927
40
Phenol
BB-TW04
5/4/2016
94.1
30
Eagle Island/21002-17-010/08Nov2019

Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Standard (µg/L)
Standard
(µg/L)
Phosphorus
TW-1(2015)1
6/15/2015
3,200
NS
TW-2
6/15/2015
1,600
TW-3
6/15/2015
810
TW-4
6/15/2015
340
TW-5
6/15/2015
480
TW-6
6/15/2015
870
TW-7
6/15/2015
1,000
Orthophosphate as
Phosphorus
TW-1 (2015)1
6/15/2015
3,400
NS
TW-2
6/15/2015
1,100
TW-3
6/15/2015
620
TW-4
6/15/2015
270
TW-6
6/15/2015
480
TW-7
6/15/2015
730
Notes:
NS = No Standard Established
'Groundwater samples collected from TW-1 in 2017 correspond to the temporary monitoring well located
east of NE Battleship Road and near the southern end of the property. Groundwater samples collected
from TW-1 in 2015 correspond to the monitoring well located west of NE Battleship Road in the northern
part of the property.
Eagle Island/21002-17-010/08Nov2019
2

SOIL
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 Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (May
2019 version):
Soil
Contaminant
Sample
Location
Date of
Sampling
Depth (ft)
Concentration
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Level
(mg/kg)
Area 3 C1
6/15/2015
0.5-1.5
1.3
Area 6 C1
6/15/2015
0.5-1.5
4.3
Area 6 C2
6/15/2015
0.5-1.5
1.9
Area 7 C1
6/15/2015
0.5-1.5
0.86
Area 7 C2
6/15/2015
0.5-1.5
0.69
Fill-01
8/16/2017
0-1 ft.
(Composite)
0.865
PSI
3/8/2017
0-1 ft.
5.53
PS1A
3/8/2017
0-1 ft.
1.45
PS2
3/8/2017
0-1 ft.
4.28
PS4
3/8/2017
0-1 ft.
5.21
SS-1
3/22/2017
0-1 ft.
1.20
SS-MW4
3/23/2017
3.5-4 ft.
33.7
SS-TW1
3/23/2017
3-4 ft.
4.87
Arsenic
SURF-
EDGE-2
8/4/2017
0-1 ft.
5.10
0.68
SURF-
EDGE-3
8/4/2017
0-1 ft.
2.03
Z 10
3/7/2017
0-1 ft.
(Composite)
4.24
Z11
3/7/2017
0-1 ft.
(Composite)
1.48
Z12
3/7/2017
0-1 ft.
(Composite)
5.97
Z 14
3/7/2017
0-1 ft.
(Composite)
2.91
Z15
3/8/2017
0-1 ft.
(Composite)
1.23
Z5
3/7/2017
0-1 ft.
(Composite)
1.62
Z7
3/6/2017
0-1 ft.
(Composite)
2.13
Eagle Island/21002-17-010/08Nov2019

Concentration
Residential
Soil
Sample
Date of
Exceeding
Screening
Contaminant
Location
Sampling
Depth (ft)
Screening
Level
Level
(mg/kg)
(mg/kg)
Z8
3/7/2017
0-1 ft.
13.4
Arsenic
(Composite)
0.68
Z9
3/7/2017
0-1 ft.
9.08
(Composite)
EI-EXC-S 1
8/3/2017
2 ft.
0.311
PS4
3/8/2017
0-1 ft.
0.405
Z11
3/7/2017
0-1 ft.
0.210
Benzo[a]pyrene
(Composite)
0.11
Z8
3/7/2017
0-1 ft.
0.142
(Composite)
Z9
3/7/2017
0-1 ft.
0.218
(Composite)
p-Isopropyltoluene
Area 3 B
6/15/2015
0.5-1.5
0.44
NS
BB-SO04
4/28/2016
0-2
0.397
Manganese
Z8
3/7/2017
0-1 ft.
506
380
(Composite)
Mercury
Z8
3/7/2017
0-1 ft.
5.68
2.3
(Composite)
Thallium
Z8
3/7/2017
0-1 ft.
0.167
0.16
(Composite)
1,2,3-
Area 3 B
6/15/2015
0.5-1.5
0.183
0.0051
Trichloropropane
Notes:
1. 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-6 lifetime incremental cancer risk.
2. NS — No screening level established
Eagle Island/21002-17-010/08Nov2019
4

y - I
ERIC
BRUNSWICK COUNTY
NORTH CAROLINA
I RICHARD A. PINKHAM CERTIFY THAT THIS ENVIRONMENTAL SURVEY
PLAT WAS DRAWN UNDER MY DIRECT SUPERVISION FROM AN ACTUAL
SURVEY MADE UNDER MY SUPERVISION; THAT THE RATIO OF PRECISION
EXCEEDS 1: 27 333; THE SUBJECT PARCEL IS REFERENCED IN THE
BRUNSWICK COUNTY REGISTER OF DEEDS IN DEED BOOK 3904 PAGE
700; THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN AS BROKEN
LINES FROM REFERENCED RECORD INFORMATION; THAT THIS SURVEY
IS OF EXISTING PARCELS OF LAND AND DOES NOT CREATE A NEW
STREET OR CHANGE AN EXISTING STREET; THAT THIS SURVEY MEETS
NCGS 47-30 STANDARDS; WITNESS MY ORIGINAL SIGNATURE,
REGISTRATION NUMBER AND SEAL THIS 15TH DAY OF NOVEMBER, A.D.
2019.
PRELIMINARY
N.C. PROFESSIONAL SURVEYOR L-4646
NEW HANOVER COUNTY PARCEL AREA TABLE
PARCELS 1 AREA = 125,485 SF / 2.881 ACRES
PARCELS 2A AREA = 378,745 SF / 8.695 ACRES
PARCELS 2B AREA = 230,320 SF / 5.287 ACRES
TOTAL AREA OF PARCELS 1, 2A AND 2B: 734,530 SF/ 16.863 ACRES
BRUNSWICK COUNTY PARCEL AREA TABLE
TRACT 1 AREA = 520,472 SF / 11.95 ACRES
TRACT 2 AREA = 375,330 SF / 8.62 ACRES
TOTAL AREA OF TRACTS 1 AND 2: 895,802 SFT/ 20.57 ACRES
CERTIFICATE OF REVIEW OFFICER
NORTH CAROLINA
COUNTY OF NEW HANOVER
I, , Review Officer of New Hanover County, certify that the map
or plat to which this certificate is affixed meets all statutory requirements for recording.
Date
NEW HANOVER COUNTY, NORTH CAROLINA
Filed for registration at o'clock M
in Book
NC Register of Deeds
By:
LEGEND
DB...... DEED BOOK
PG ...... PAGE REFERENCE
N/F..... NOW OR FORMERLY
RCP... REINFORCED CONCRETE PIPE
LGND... GROUND DISTANCE VALUE
100.00' T..DENOTES TOTAL DISTANCE
(100.00')... DENOTES PARTIAL DISTANCE
DI DROP INLET
SIN SIGN
NMF....NO MONUMENTATION FOUND
PL ......PROPERTY LINE
CIL ......CENTER LINE
PKS..... PK NAIL SET
CMP...... CORRUGATED METAL PIPE
TYP.......TYPICAL
CP......... COMPUTED POINT
CB ......... CATCH BASIN
• EN ...... EXISTING NAIL
(0) NIP NEW IRON PIN SET- 5/8" REBAR
■ ECM..... EXISTING CONCRETE MONUMENT
• EIR.....EXISTING IRON REBAR
• RIS.....REFERENCE IRON SET
• EIS.... EXISTING IRON STAKE
RIGHT-OF-WAY MONUMENT
❑ TPED....TELEPHONE PEDESTAL
❑ MB....METER BOX
,9 PP POWER POLE
O LP LIGHT POLE
O FO.... FIBER OPTIC
O WP.... WOOD POST
0 WV WATER VALVE
CD WIM WATER METER
❑ TMH....TELEPHONE MANHOLE
❑ EB....ELECTRICAL BOX
O SIN SIGN
POB.... POINT OF BEGINNING
55 SOIL SAMPLE LOCATION
GROUNDWATER SAMPLE LOCATION
LINE NOT SURVEYED
BROWNFIELDS PROPERTY LINE
RIGHT-OF-WAY
REFERENCE LINE
COASTAL WETLANDS LINE
404 WETLANDS LINE
Review Officer
Page
ASST/DEPUTY
NEW HANOVER COUNTY
NORTH CAROLINA
I RICHARD A. PINKHAM CERTIFY THAT THIS ENVIRONMENTAL SURVEY
PLAT WAS DRAWN UNDER MY DIRECT SUPERVISION FROM AN ACTUAL
SURVEY MADE UNDER MY SUPERVISION; THAT THE RATIO OF PRECISION
EXCEEDS 1 : 27,333; THE SUBJECT PARCEL IS REFERENCED IN THE NEW
HANOVER COUNTY REGISTER OF DEEDS IN DEED BOOK 5824 PAGE 1509
AND MAP BOOK 11 PAGE 11; THAT THE BOUNDARIES NOT SURVEYED ARE
SHOWN AS BROKEN LINES FROM REFERENCED RECORD INFORMATION;
THAT THIS SURVEY IS OF EXISTING PARCELS OF LAND AND DOES NOT
CREATE A NEW STREET OR CHANGE AN EXISTING STREET; THAT THIS
SURVEY MEETS NCGS 47-30 STANDARDS; WITNESS MY ORIGINAL
SIGNATURE, REGISTRATION NUMBER AND SEAL THIS 15TH DAY OF
NOVEMBER, A.D. 2019.
PRELIMINARY
N.C. PROFESSIONAL SURVEYOR L-4646
NEW HANOVER COUNTY
TOTAL AREA OF POTENTIAL CONTAMINATED = 58,966 SF/ 1.4 ACRES
TOTAL COMPOSITE SOIL SAMPLING AREA = 175,545 SF / 4.0 ACRES
TOTAL POTENTIAL CONTAMINATED AREA OUTSIDE OF BOUNDARY = 414 SF
BRUNSWICK COUNTY
TOTAL AREA OF POTENTIAL CONTAMINATED = 16,509 SF/ 0.4 ACRES
TOTAL COMPOSITE SOIL SAMPLING AREA = 139,096 SF/ 3.2 ACRES
TOTAL SOIL BACKFILL AREA = 2,657 SF/ 0.1 ACRES
TOTAL POTENTIAL CONTAMINATED AREA OUTSIDE OF BOUNDARY = 2,196 SF
SEE SHEET 2 OF 4 FOR LAND USE RESTRICTIONS
SEE SHHET 4 OF 4 FOR GROUND AND SOIL CONTAMINANTS TABLES
THIS SURVEY WAS PERFORMED TO MEET FEDERAL GEOGRAPHIC
DATA COMMITTEE STANDARDS AS APPLICABLE; THAT THE ORIGINAL
GPS DATA WAS OBTAINED IN DECEMBER, 2016 ; THAT THE FIELD
LOCATION WAS COMPLETED ON JULY 27, 2018; THE PRIMARY STATE
PLANE COORDINATES SHOWN HEREON ARE NORTH CAROLINA
STATE PLANE VALUES FIPS 3200 BASED ON THE NAD 1983 NSRS
2011) NAVD 1988 (GEOID 12B) ADJUSTMENT AS POSITIONED BY THE
NCGS VRS NETWORK FROM OBSERVATIONS MADE BY THIS OFFICE
USING TRIMBLE GNSS R-8 MODEL 4 SURVEY GRADE DUAL
FREQUENCY RECEIVERS AND OBSERVED USING MULTIPLE
SESSIONS A MINIMUM OF 1,440 EPOCHS; ALL OTHER COORDINATES
ARE LOCALIZED GROUND VALUES DERIVED FROM CONVENTIONAL
METHODS BY THIS OFFICE; THIS SURVEY WAS COMPILED TO MEET
THE ASPRS STANDARDS FOR CLASS 1 MAP ACCURACY AT 1: 1,200
( 1" = 100' ). ALL REPORTED VALUES ARE U.S. SURVEY FEET.
GEODETIC CONTROL TIE
(REFERENCE VICINITY MAP)
NGS "V-215" (PUBLISHED)
STATE PLANE NORTHING = 175,078.93 (ft) (NAD 1983/NSRS 2011)
STATE PLANE EASTING = 2,318,481.63 (ft) (NAD 1983/NSRS 2011)
ELEVATION= 32.70 ft NAVD 1988/GEOID12B
VERTICAL ORDER SECOND CLASS 0
OBSERVED STATE PLANE COORDINATES
NOTHING = 175,078.98 (ft) (NAD 1983/2011)
EASTING = 2,318,481.65 (ft) (NAD 1983/2011)
ELEVATION= 32.29 (ft) (NAVD 1988)
OBSERVED HORIZONTAL POSITIONAL TOLERANCE
S18'03'38"W 0.05' (ft) (GRID)
AS SHOWN HEREON
S18'03'38"W 0.05' (ft) (GRID)
PARCEL I AND PARCEL 2A * 2B
NOW OR FORMERLY
HOLDINGS OF TCM, INC.
U.S.S. NORTH CAROLINA BATTLESHIP MEMORIAL DEED BOOK 5824 PAGE 1 509 \ \
DEED BOOK GO 17 PAGE 1 759
MAP BOOK 452 PAGE 58G I
NEW HANOVER COUNTY PIN: R05300-001-001-000
\
AND P05300-001-002-000
\
-
--------
ROAD
- - - - - - - - - -
I
(S.R. #1352) ( 60'PublicRNY)
\
U.S.S. N.C. BATTLESHIP
-
�.\ \
\
TRACT 5 BOUNDARY
PER 8 2 9 PG 282- /2
DB 5824 PG 1509
\
I
1
30' DUKE ENERGY
EASEMENT PER?
..........
\
I
\
-
DB 2752 PG 175
-
\
\
I
I
TRACT 5 BOUNDARY
PER MB 219 Pc 282-1/2
1509 DB 5824 PG1509
SEE SHEET 2 OF 4
\
AND SHEET 3 OF 4
FOR DETAILS
PARCEL I
I
PARCEL 2A
PARCEL 25
II
II
I
I
I
I
DB 5824 PG 1509
TRACT 4 PER DB 5624 G 150� TVT-4
- I
I I
I
I
OLD TRACT LINE PER
-
T�C�ER
DEED BOOK 1824 PAGE 1 509
T,
5824 PG 1
3 PER DB 509
I
I
I
_
- TRACT
I
30' DUKE ENERGY-
TW-SR
I
EASEMENT PER
DB 1727 PG 238
_ 509
- - - _ - TRACT I PERDB 5824 PG BB-TW11
_ _
II
I
and registered WILMINGTON UNIQUE PLACES, LLC.
DEED BOOK 4 145 PAGE 1 122
\ BRUNSWICK COUNTY PIN No. 31 1700574570 Z I
Z o
o w 30' DUKE ENERGY I I
\ v EASEMENT PER
` \ Z z DB 1727 PG 227
rr 3
\ m Z
\ 25' INGRESS/EGRESS
/I
ACCESS
EASEMENT
\ � PER DEED BOOK 906 PAGE 546
I
N/F N/F \ \ It
\ W/LM/NGTON UNIQUE PLACES, LLC. HOLDINGS OF TCM, INC. I
` DEED BOOK 256 PAGE 271 DEED BOOK 4132 PAGE 27
\ MAP BOOK 6 PAGE 101 MAP BOOK 6 PAGE 101 /
\BRUNWICK COUNTY PIN No. 311700562830 / BRUNSWICK COUNTY PIN No.
SPARCEL J/03900009 311700567898 MW2 /
\ / PARCEL No 03900010 MW1
o �
\ \ SEE SHEET 4 OF 4 ... .. /
FOR DETAILS COUNTY LINE APPROX. LOCA77ON
` Q n OBTAINED FROM BRUNSWICK
COUNTY GIS WEBSITE
\ pis / L
0.�
y� u SURF-EDGE-2
El-EXC-S1
References:
New Hanover Co.
D.B. 5824, PG. 1509
M.B. 452, PG. 5861
D.B. 6017, PG. 1759
D.B. 5939, PG. 2250
D.B. 2687, PG. 564
D.B. 87, PG. 218
D.B. 219, PG 282 1/2
M.B. 11, PG. 11
D.B. 1727, PG. 227
D.B. 1727, PG. 238
D.B. 5824, PG. 1509
References:
Brunswick Co.
DB. 3904 PG 700
M.B. 52 PG 266
M.B. 30 PG 42
M.B. 28 PG 131
M.C. 06 PG 101
LEGEND
COMPOSITE SOIL SAMPLING AREA
AREA OF POTENTIAL
CONTAMINATION
SOIL BACKFILL AREA
TRACT I\
\ \ N/F
` HOLDINGS OF TCM, INC. �\
Y DEED BOOK 3904 PAGE 700
PARCEL ¢'03900011
\ BRUNSWICK COUNTY P/N No. 311700564433 Qp�
A
G
/Y 6
\\ hlygy4?
PS1 AN© f S TWI ®© / I
Z / PS4
FILL -Of
MW3
SURF-EDGE-3
TRACT 2
HOLDINGS OF TCM, INC. /
DEED BOOK 3904 PAGE 700
BRUNSWICK COUNTY PIN No. 311700662534
PARCEL #0390000901 & #OJ900008 /
PS2 MW4/SS-MW4
N/F /.
DUKE ENERGY PROGRESS, INC. -
DEED BOOK 3411 PAGE 478
BRUNSWICK COUNTY /
PIN No. 3117006610JI
PARCEL No OJ900012
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GENERAL NOTES:
1. This plat is derived from information gathered by an actual field survey made by this office and platted August, 2019.
2. Horizontal datum used for this project is NAD 1983 / NSRS 2011 (US Survey Feet).
3. The ground control coordinates are localized coordinates based on State Plane coordinates for NGS "V-215".
4. The localized project combined grid factor is 1.00003553 derived from the published factor for NCGS MONUMENT "V-215".
5. All distances are horizontal ground measurements unless otherwise noted.
6. All areas computed by coordinate computation method.
7. Contractor is to verify all subsurface utilities prior to construction or land disturbance, a subsurface utility investigation was not
performed as a part of this project.
8. All "NIP ... new iron pin" are 5/8" rebar.
9. An internal title search was conducted by this office to determine deed calls between the interior parcels and adjoining
properties. There were errors in closure for several of the referenced deeds and also limited titles with no
metes and bounds except for adjoiners names and general direction. This survey has utilized field location of recovered
monumentation together with existing adjoiner monumentation to depict the subject perimeter boundary.
10. The subject parcels lie within flood Zone "AE" BFE=9' as shown per FEMA Flood Insurance Rate Map 3720311700L dated
August 28, 2018. Depicted FEMA Flood Hazard Areas per government online resource download www.ncfloodmaps.com
(http://fris.nc.gov/fris/).
NEW HANOVER COUNTY GENERAL NOTES:
11. Encumbrances and easements regarding utilities, railroads, canals, ditches, mineral rights, ingress / egress, access or
maintenance are at the discretion of the title attorney to report for this project. Visible utility appurtenances
associated with easements identified in a title search by Investors Title Insurance Company are shown hereon. The Duke
Energy easements are referenced in New Hanover County Register of Deeds within deed book 1727 page 227, deed book
1727 page 238 and deed book 2756 page 175.
12. Due to deteriorating bank conditions of the Cape Fear River along the perimeter of the eastern boundary of Parcel 1 and 2B
this office topographically located the bank for assessment. Cape Fear River Gauge 8658120 was used to analize yearly
average tidal water elevation for the river from 1983-2001. The averaged 19 year mean high water (MHW) elevation is 2.09'
(NAVD 1988) as shown on NOAA online at https://tidesandcurrents.noaa.gov/benchmarks.
13. Total area of Tracts 1, 2A and 2B excluding Right -of -Way is 16.863 acres, calculated by coordinate method.
14. Depicted US Army Corps of Engineers (USACE) Harbor line, Right -of -Way and centerline downloaded from the U.S. Army
Corps of Engineers website at http://www.usace.army.mil/. Depicted USACE values are localized ground.
15. There are no known visible encroachments observed on the subject parcels.
16. New Hanover County Registry Map Book 11 Page 11 (circa 1870) depicts several roads within the Wilmington City limits in
the project vicinity named Costin Street, Walker Street, Hooper Street and Eagles Street. This office was
unable to locate road closure documents pertaining to these roads in the New Hanover County Registry. Eagles Street is
formerly known as the Causeway Road and Old Causeway Road which is open and currently named U.S.S.
North Carolina Battleship Road and also being NCDOT State Route No. SR1352. Walker Street and Hooper Street are not
open and are not within the NCDOT roadway database. Costin Street, currently International Paper Company Road / NCDOT
State Route No. SR1300, was realigned in the 1950's (per Map Book 2.5 Page 141 and Map Book 6 Page 101 Brunswick
County Registry) and the current roadway location is different than the location depicted in Map Book 11 Page 11. This office
contacted NCDOT to conduct archive research to verify the Map Book 11 Page 11 depicted Walker, Hooper and Costin
roadways were not built or under NCDOT maintenance. This office then conducted research at the New Hanover and
Brunswick County Registries and recovered several old maps which show Eagles Road (Causeway Road) being built but not
the remaining three roadways as shown on Map Book 11 Page 11. A map of the Civil War entrenchments around Wilmington
at the New Hanover Registry (circa 1863) only depicts the Causeway Road. Archive aerial photography within the New
Hanover County Library collection (circa 1924 and 1930) visibly verifies Walker Street and Hooper Street are not built and
Costin Street exists as a dirt path but aligned differently than depicted on Map Book 11 Page 11. New Hanover County
Registry Deed Book 219 Page 282'/z depicts a dirt path (Costin Street) adjoining Parcel 1 which is now within the existing
right-of-way of SR 1300. International Paper Company Road (SR1300) is labeled hereon per NCDOT provided documentation
but is also known as Battleship Road per Brunswick County GIS resources and Government Yard Road per Map Book 6 Page
101 within the Brunswick County Registry. NCDOT provided an archive map of an unrecorded survey by William Warren for
the W.W. Skeets Winner Docking Facility (circa 2000) which identifies SR 1300 as International Paper Company Road. The
NCDOT provided archive map also depicts portions of the Parcel 2 perimeter boundary as being the county boundary line
between New Hanover and Brunswick Counties. New Hanover and Brunswick County GIS online download resources depict
the count boundaries spatially in different locations but generally in the project vicinity. NCDOT and NCGS depict the count
Y p Y 9 Y p J Y p Y
boundary alignments offsite at a different location altogether. New Hanover and Brunswick County registry research verifies
portions of the Parcel 2 perimeter boundary as being the county boundary line either now or formerly.
17. Normal High Water (NHW) as determined by the limit of Spartina cynosuroides (L) per Southern Environmental Group, Inc.
Portions of surface water within the ditch may be considered navigable.
18. Depicted Normal High Water (NHW) line digitalized from provided drawing from Southern Environmental Group, Inc.
19. The existence or nonexistence of wetlands has not been determined by this survey. See survey prepared by ESP Associates,
PA entitled "ALTA/ACSM LAND TITLE SURVEY OF DB 5824 PG 1509" dated 6/7/2016.
20. Depicted Brownfield and Notice of Inactive Hazardous Substance or Waste Disposal areas were taken from a digitally
provided drawing file from CATLIN Engineers and Scientists.
ENVIRONMENTAL NOTES FOR NEW HANOVER COUNTY PARCELS:
1. The areas and types of contamination depicted hereon are approximations derived from the best information at the time of filing.
A listing of the technical reports used to prepare this plat are available in the Brownfields Agreement for this property.
BRUNSWICK COUNTY GENERAL NOTES:
1. Encumbrances and easements regarding utilities, railroads, canals, ditches, mineral rights, ingress / egress, access or
maintenance are at the discretion of the title attorney to report for this project. Visible utility appurtenances associated with
easements identified in a title search by Investors Title Insurance Company are shown hereon. The Duke Energy easements
are referenced in deed book 201 page 226, deed book 1727 page 227, deed book 377 page 51 and deed book 72 page 271.
2. Depicted Mean High Water (MHW) line digitalized from a deed recorded within the Brunswick County Register of Deeds in Deed
Book 3904 Page 700, and provided map from Michael Underwood and Associates, PA. dated 5/8/17.
3. Total area of Tracts 1 and 2 excluding Right -of -Way is 20.57 acres, calculated by coordinate method.
4. Depicted US Army Corps of Engineers (USAGE) Harbor line, Right -of -Way and centerline downloaded from the U.S. Army
Corps of Engineers website at http://www.usace.army.mil/. Depicted USACE values are localized ground.
5. There are no known visible encroachments observed on the subject parcels.
6. The existence or nonexistence of wetlands has not been determined by this survey.
7. Depicted Brownfield and Notice of Inactive Hazardous Substance or Waste Disposal areas were taken from a digitally provided
drawing file from Geosyntec Consultants of NC, PC
ENVIRONMENTAL NOTES BRUNSWICK COUNTY TRACTS:
1. The areas and types of contamination depicted hereon are approximations derived from the best information at the time of filing.
A listing of the technical reports used to prepare this plat are available in the Brownfields Agreement for this property.
2. The soil boring locations were not surveyed and are approximate.
3. SS-MW4 was a soil sample co -located with monitoring well MW4.
4. SS-TW1 was a soil sample co -located with temporary monitoring well TW1.
5. PS1 and PS1A are co -located surficial soil samples.
6 "Fill-01" represents soil used to backfill a historical excavation, detailed in a 30 August 2017 Interim Removal Action Report.
7. The zones labeled Z5, Z7-Z12, Z14-Z15 are composite sample areas.
GRAPHIC SCALE
150 0 75 150
( IN FEET )
1 inch = 150 ft.
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PRELIMINARY
DATE SCALE
11/15/19 1"=150'
DRAWN BY CHECKED BY
R.M.M. R.A.P.
PROJECT NO. 21002-17-010
REVISIONS
-DESCRIPTION-
EAGLE ISLAND
NOTICE OF BROWNFIELDS PROPERTY
SHEET
1 OF4

LAND USE RESTRICTIONS
NCGS 130A-310.35(a) requires recordation of a Notice of Brownfields Property ("Notice") that identifies any restrictions on the current and
future use of a Brownfields Property that are necessary or useful to maintain the level of protection appropriate for the designated current or
future use of the property and that are designated in a Brownfields Agreement pertaining to the property. This survey plat constitutes one of
three exhibits to the Notice pertaining to the Brownfields Property depicted on this plat and recorded at the New Hanover County and the
Brunswick County Register of Deeds' offices. The exhibits to the Notice are: the Brownfields Agreement for the subject property, which is
attached as Exhibit A to the Notice; a reduced version of this survey plat, which is attached as Exhibit B to the Notice; and a legal description
for the subject property, which is attached as Exhibit C to the Notice. The land use restrictions below have been excerpted verbatim from
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paragraph 15 of the Brownfields Agreement, and all paragraph letters/numbers are the same as those used in the Brownfields Agreement. The
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following Land Use Restrictions are hereby imposed on the Brownfields Property and shall remain in force in perpetuity unless canceled by the
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Secrets of the North Carolina Department of Environmental Quality or its successor in function or his/her designee, after the hazards have
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been eliminated, pursuant to NCGS § 130A-310.35(e):
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No use may be made of the Brownfields Property other than for single-family residential high density residential short-term rental home office retail
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restaurant, hotel, recreation, marina, open space and associated parking, and subject to DEQ's prior written approval, other commercial uses. For purposes
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of this restriction, the following definitions apply:
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i. "Single-family residential" is defined as a permanent dwelling on an individually owned lot designed for residence by one family.
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ii. "High density residential" is defined as permanent dwellings where residential units are attached to each other with common walls, such as
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condominia, apartments, group homes, dormitories or boarding houses, and any property outside the dwelling structures is usable by all residents and
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not privately owned as part of a particular unit, and may include related amenities, such as pools, clubhouses, courtyards, common searing and
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gathering areas, recreation areas and parking garages.
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iii. "Short-term rental home" is defined as a detached dwelling unit that is privately owned, but may be rented or leased through a governing resort or
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leasing agency in accordance with all applicable local, state and federal regulations.
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iii. "Office" is defined as the location where business or professional services, including financial services, are rendered.
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iv. "Retail" is defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes
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showrooms, personal service, entertainment, and the sales of food and beverage products.
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v. "Restaurant" is defined as a commercial business establishment that prepares and serves food and beverages, including alcoholic beverages under
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all applicable local, state and federal regulations, to patrons.
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vi. "Hotel" is defined as the provision of overnight lodging to paying customers, and to associated food
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services, gym, reservation, cleaning, utilities, parking and on -site hospitality, management and reception services.
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vii."Recreation" is defined as indoor and outdoor exercise -related, physically focused, or leisure -related activities, whether active or passive, and the
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facilities for same including, but not limited to, studios, swimming or wading pools, clubhouses, sports -related courts and fields, open space,
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eenwa s arks la rounds walkin aths do runs icnic and ..Nic atherin areas cam rounds boat docks and marinas
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viii. "Marina" is defined as a port within a sheltered harbor where boats and yachts are kept in the water or stored out of the water in dry dock. A
marina may have refueling, washing and repair facilities for vessels and rooms, bathing, stores, restaurants, meeting facilities, and vehicle and trailer
parking for use by customers or members that has been designed and constructed in accordance with all applicable local, state, and federal
regulations.
ix. "Open space" is defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, or
retention facilities for stormwater.
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.
xii."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 Brownfields Property without prior approval from DEQ.
xiii. "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 Brownfields Property without prior approval from DEQ.
b. Notwithstanding the allowances for residential use in paragraph 15.a., the portion of the Brownfields Property denoted as "Zone 8" on the plat
component of the Notice referenced below in paragraph 20 may not be used for residential purposes unless or until Prospective Developer or the then
current owner demonstrates, to DEQ's written satisfaction by sampling and chemical analysis under a DEQ-approved work plan that Zone 8 of the
Brownfields Property is, or can be made, suitable for such use.
c. Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an Environmental
Management Plan ("EMP") approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each subsequent
redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment activities at the Brownfields Property, the
timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during -----
construction or redevelopment in any other form, including without limitation:
i. soil and water management issues including without limitation those resulting from contamination identified in the Environmental Reports;
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ii. issues related to potential sources of contamination referenced in Exhibit 2;
iii. contingency plans for addressing, including without limitation the testing of soil and roundwater, newly discovered potential sources of
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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 loin as physical redevelopment of the Brownfields
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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 an soil groundwater or other
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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. Prior to the construction of andwelling on the Brownfields Property,the then owner shall cause the Brownfields Property to be subject to a
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declaration of covenants, conditions, and restrictions, or a functionally equivalent instrument recorded, or to be recorded, in the New Hanover County
and/or the Brunswick County Registries (the "Declaration"), and shall also establish or, if an existing homeowners' association is extended to serve
the Brownfields Property, participate in a homeowners' association, a lot owners' association, or similar entity associated with the Brownfields
Property ("Property Association") consistent with the declarations and ensure it is initialized with resources consistent with this subparagraph:
i. The Declaration shall provide that all owners of all or part of the Brownfields Property shall strictly comply with the terms and conditions of this
Agreement and the Notice of Brownfields Property referenced below in paragraph 20.
ii. The Declaration shall provide that the Property Association has the authority and obligation to operate and maintain any vapor mitigation system
installed for the purposes of mitigating possible vapor intrusion at the property.
iii. For the purposes ofN.C.G.S. §130A-310.35(f), which authorizes various persons to enforce land use restrictions, the Declaration shall provide
that the Property Association is such a person so authorized by the Act to administer and enforce the land use restrictions as an owner of land and as a
person eligible for liability protection pursuant to the Act. Further, the Declaration shall provide that the Property Association has the authority and
obligation to administer and enforce the land use restrictions on behalf of all lot owners and members of the Property Association, including but not
limited to submittal of Land Use Restrictions Update referenced in subparagraph 15.q.
iv. The Declaration shall provide the Property Association the authority and obligation, to the extent permissible under North Carolina law, to treat
any violation of the terms and conditions of this Agreement or of the Notice of Brownfields Property by any owner of any part of the Brownfields
Property as a violation of the Declaration and to undertake any and all enforcement remedies provided in the Declaration for such a violation. The
Declaration shall provide that, in the event a violation of this Agreement or the Notice of Brownfields Property by any owner of any part of the
Brownfields Property becomes known to the Property Association, the Property Association shall undertake reasonable enforcement actions to
correct said violation. Furthermore, the Declaration shall specifically provide that failure by any owner of any part of the Brownfields Property to
remedy or correct such violations of this Agreement and the Notice of Brownfields Property after any applicable notice and cure periods to the
reasonable satisfaction of DEQ could result in that owner's loss of liability protection afforded by this Agreement and the Act.
v. The Declaration shall provide that the Property Association will notify DEQ of violations of this Agreement or the Notice of Brownfields
Property by any owner of any part of the Brownfields Property and any associated enforcement actions taken or planned within thirty (3 0) days of
such violation becoming known to the Property Association.
vi. The Declaration shall provide that the Property Association maintain a cash reserve dedicated for use in undertaking the obligations set forth in
this Agreement, including, without limitation, technical, administrative, and legal actions to enforce this agreement. It shall also provide that the cash
reserve shall initially be maintained at not less than Twenty Thousand Dollars ($20,000.00), and shall be increased in the future as deemed necessary
by the Property Association in order to ensure its obligations to enforce the land use restrictions can be carried out. The amount of the cash reserve
may be decreased only with DEQ's prior written consent, which shall not be unreasonably withheld, conditioned, or delayed.
vii. The portions of the Declaration, and the portions of the bylaws of the Property Association, pertaining to the subject matter of this paragraph 15
shall be submitted to DE for review and comment as to the subject matter of thisparagraph 15 which shall not be unreasonably withheld
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conditioned, or delayed.
viii. The Declaration shall further provide that the Property Association will be responsible for submission of copies of deeds and other
instruments of conveyance to the persons listed in Section XV (Notices and Submissions) of this Agreement in accordance with subparagraph 15.m.
below.
f. Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ.
g. No activity that disturbs soil on the Brownfields Property in an "Area of Potential Soil Contamination" as delineated on the plat component of the
Notice of Brownfields Property referenced below in paragraph 20, 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.c.
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 subparagraph 15.c. above.
i. No use of the Brownfields Property may occur until the then owner of the Brownfields Property conducts representative final grade soil sampling
of any area that is not covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways within the residential or
short-term rental home areas of the Brownfields Property on the plat component of the Notice of Brownfields Property described in paragraph 20,
pursuant to a plan approved in writing by DEQ.
j. No enclosed building may be constricted 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
GEODETIC CONTROL TIE
(REFERENCE VICINITY MAP)
NGS "V-215" (PUBLISHED)
STATE PLANE NORTHING = 175,078.93 (ft) (NAD 1983/NSRS 2011)
STATE PLANE EASTING = 2,318,481.63 (ft) (NAD 1983/NSRS 2011)
ELEVATION= 32.70 (ft) (NAVD 1988/GEOID12B)
VERTICAL ORDER SECOND CLASS 0
OBSERVED STATE PLANE COORDINATES
NOTHING = 175,078.98 (ft) (NAD 1983/2011)
EASTING = 2,318,481.65 (ft) (NAD 1983/2011)
ELEVATION= 32.29 (f) (NAVD 1988)
OBSERVED HORIZONTAL POSITIONAL TOLERANCE
LOCALIZED GRID TIE FROM NGS MONUMENT V-215 TO EIR1 AND NIP9
GEODETIC TABLE
MONUMENT NORTHING EASTING
PUBLISHED NGS V215 175,078.930 2,318,481.630
OBSERVED USGS CEN93 178,714.514 2,317,257.641
PRIMARY STATE PLANE COORDINATES
\ \ \
PARCEL I AND PARCEL 2A * 215 \ \ \
NOW OR FORMERLY
HOLDINGS OF TCM, INC. \ \ \.
U.S.S. NORTH CAROLINA BATTLESHIP MEMORIAL DEED BOOK 5824 PAGE 1 509 \ \ \
DEED BOOK GO 1 7 PAGE 1 759 \ \ \ \
MAP BOOK 452 PAGE 58G I \
NEW HANOVER COUNTY PIN: R05300-001 -001 -000 \ \ \
AND R05300-00 1-002-000 \ \ \ \
\ , � USGS CEN93 MON RIS8 \
SET ON-LINE 5' FROM \_ \. \.\
2\ - MEAN HIGH WATER -_,
.3 D_ 61 --- I \\ ,RIPARIAN BUFFER \
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NIP1 N85°05'48'E 401.56' LLS \_ I TRACT 5 BOUNDARY
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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 N/F
si.vaporin;rusion;or WILMINGTON UNIQUE PLACES, LLC.
iii. vapor intrusion mitigation measures are designed, installed and implemented in a manner that will full protect public health to the satisfaction of
a professional engineer licensed in North Carolina, as evidenced by said engineer's professional seal on a report thatncludes photographs and a DEED BOOK 4145 PAGE 1 1 2 2
description of the installation and performance of said measures, and to DEQ. 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 13RU N S WI C K COUNTY PIN N o . 3 1 1 700574570
methodology(ies) for demonstrating performance of said measures.
k. The Brownfields Property may not be used for kennels, private animal pens or horse -riding unless approved in writing in advance by DEQ.
1. 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.
in. 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 New Hanover County land
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records, Book , Page and in the Brunswick 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
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maybe redacted to the extent said redactions comply with the confidentiality and trade secret provisions of the North Carolina Public Records Law.
25' INGRESS /EGRESS
The owner may use the following mechanisms to comply with the obligations of this paragraph: (i) If every lease and rider is identical inform, the
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owner conveying an interest may provide DEQ with copies of a form lease or rider evidencing compliance with this paragraph, in lieu of sending
ACCESS EASE M E N T
copies of actual, executed leases, to the persons listed in Section XV (Notice and Submissions); or (ii) The owner conveying an interest may provide
PER DEED B 00 K 906 PAGE 546
abstracts of leases, rather than full copies of said leases, to the persons listed in Section XV. \
n. None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in Exhibit 2 of this
S 7 S ° 21' S 5'E 17 7, 2 0'
Agreement, and as modified by DEQ in writing if additional contaminants in excess of applicable standards are discovered at the Brownfields
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26
Property, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except:
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i. in de minimis quantities for cleaning and other routine housekeeping and maintenance activities;
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ii. as fuel or other fluids customarilyused in vehicles landscaping equipment and emer emergency generators; or
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iii. as constituents of products and materials customarily used and stored in residential, office, retail, restaurant, hotel, recreation, open space, marina,
and parking environments, provided such products and materials are stored in original retail packaging and used and disposed of in accordance with
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applicable laws.
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o. No mining may be conducted on or under the Brownfields Property, including, without limitation, extraction of coal, oil, gas, sand, or any other
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minerals or non -mineral substances unless approved in writing in advance by DEQ.
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p. The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged
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by the owner, its contractors or its tenants shall be responsible for repair of anP such wells to DEQ's written satisfaction and within a time period
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acceptable to DEQ, unless compliance with this land use restriction is waived in writing by DEQ in advance.
q. 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 ("LUAU") to DEC) and to the chief public
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health and environmental officials of New Hanover County and Brunswick County, certifying that, as of said January 1 st, the Notice of Brownfields
Property containing these land use restrictions remains recorded at the New Hanover County and Brunswick County Register of Deeds offices 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; and
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, unless a joint
LURU asnoted insubparagraph l5.r.below isinforce; DIVISION OF WASTE MANAGEMENT
iii. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 15.j.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.
r A ioint LURU ma be submitted for multi le owners b a dul constituted board or association and shall include the name mailin address
J Y P Y Y g for the purposes of N.C.G.S. Sec. 13OA-310.35
telephone and facsimile numbers, and contact person's e-mail address of the entity submitting the joint LUAU as well as for each of the owners on p p
whose behalf the joint LURU is submitted.
s. LURU's submitted for any portion of the Brownfields Property that contains rental units shall include a list of tenants and their addresses.
t. A property owners' association or other entity may perform this LURU's duties, on behalf of some or all owners of the Brownfields Property, if
said association or entity has accepted responsibility for such performance pursuant to a notarized instrument satisfactory to DEQ that includes at a
minimum, the name, mailing address, telephone and facsimile numbers, and e-mail address of each owner on whose behalf the LURU is proposed to Ellen Lorscheider, Deputy Director Date
be submitted. Division of Waste Management
State of North Carolina
County of Wake
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a GRAPHIC SCALE I --_ - _
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( IN FEET )
1 inch = 100 ft.
THIS SURVEY WAS PERFORMED TO MEET FEDERAL GEOGRAPHIC
DATA COMMITTEE STANDARDS AS APPLICABLE; THAT THE ORIGINAL
GPS DATA WAS OBTAINED IN DECEMBER 2016 ; THAT THE FIELD
LOCATION WAS COMPLETED ON JULY 27, 2018; THE PRIMARY STATE
PLANE COORDINATES SHOWN HEREON ARE NORTH CAROLINA
STATE PLANE VALUES (FIPS 3200) BASED ON THE NAD 1983 (NSRS
2011) NAVD 1988 (GEOID 12B) ADJUSTMENT AS POSITIONED BY THE
NCGS VRS NETWORK FROM OBSERVATIONS MADE BY THIS OFFICE
USING TRIMBLE GNSS R-8 MODEL 4 SURVEY GRADE DUAL
FREQUENCY RECEIVERS AND OBSERVED USING MULTIPLE
SESSIONS A MINIMUM OF 1,440 EPOCHS; ALL OTHER COORDINATES
ARE LOCALIZED GROUND VALUES DERIVED FROM CONVENTIONAL
METHODS BY THIS OFFICE; THIS SURVEY WAS COMPILED TO MEET
THE ASPRS STANDARDS FOR CLASS 1 MAP ACCURACY AT 1 : 1,200
( 1" = 100'). ALL REPORTED VALUES ARE U.S. SURVEY FEET.
LEGEND
00
COMPOSITE SOIL SAMPLING AREA
/ i i i i i i i z i•
z z z z z z i i z z•
0 i i/// i i i i•
AREA OF POTENTIAL
CONTAMINATION
SOIL BACKFILL AREA
Line Table
Line #
Length
Direction
Ll
0.50'
S05'14'05'E
L2
8,56'
S71'11'49'E
L3
30.97'
S81'31'04'E
L4
16.17'
S61'09'16'E
L5
9.99,
S30'18'28'E
L6
13.66'
S15°58'42'W
L7
63.82'
S09'45'21'E
1_8
I26.46'
S12'29'51'E
L9
63.66'
S05`55'50'E
L10
47.80'
S05°58'15'E
Lll
5.83'
S12°24'21'W
L12
26.64'
S01°02'43'E
L13
24.94'
S01'02'43'E
L14
28.23'
S03°03'01'W
L15
15.96'
S20°45'05'W
L16
58.35'
S05'09'05'W
L17
34.74'
S13'55'18'W
L18
23.09'
S00°43'32'E
L19
36.83'
S24'31'45'E
L20
34.78'
S24'00'37'E
GPS STATEMENT
EVIDENCE TABLE
POINT NORTHING EASTING
ECM2
177,390.134
2,317,617.676
ECM3
177,460.103
2,318,256.750
ECM4
177,505.069
2,318,667.440
EIR1
176,957.973
2,316,156.085
EIR2
177,002.952
2,315,983.947
NIP1
178,140.255
2,316,349.456
NIP2
177,626.604
2,316,386.181
NIP3
177,630.883
2,316,446.029
NIP4
177,023.017
2,316,273.820
NIP5
176,997.489
2,316,328.119
NIP6
176,937.299
2,316,233.521
NIP7
176,921.572
2,316,292.427
RIS8
178,174.214
2,316,804.694
NIP9
177,869.753
2,316,428.950
RIS10
177,890.092
2,316,693.078
NIP11
178,123.790
2,316,165.508
NIP12
178,140.320
2,316,409.605
LOCALIZED GROUND COORDINATES IN
US SURVEY FEET
LEGEND
DB...... DEED BOOK
PG ...... PAGE REFERENCE
N/F..... NOW OR FORMERLY
RCP... REINFORCED CONCRETE PIPE
LGND... GROUND DISTANCE VALUE
100.00' T..DENOTES TOTAL DISTANCE
(100.00')... DENOTES PARTIAL DISTANCE
DI ...... DROP INLET
SN...... SIGN
NMF.... NO MONUMENTATION FOUND
PL ......PROPERTY LINE
CL ......CENTER LINE
PKS..... PK NAIL SET
CMP...... CORRUGATED METAL PIPE
TYP....... TYPICAL
CP......... COMPUTED POINT
CB ......... CATCH BASIN
• EN ...... EXISTING NAIL
0 NIP ..... NEW IRON PIN Si 5/8" REBAR
■ ECM..... EXISTING CONCRETE MONUMENT
• EIR..... EXISTING IRON REBAR
• RIS..... REFERENCE IRON SET
• EIS.... EXISTING IRON STAKE
RIGHT-OF-WAY MONUMENT
::1 TPED.... TELEPHONE PEDESTAL
❑ MB.... METER BOX
,a PP .... POWER POLE
O LP .... LIGHT POLE
O FO.... FIBER OPTIC
O WP.... WOOD POST
E) WV .... WATER VALVE
CD WM.... WATER METER
❑ TMH.... TELEPHONE MANHOLE
❑ EB.... ELECTRICAL BOX
O SN.... SIGN
POB.... POINT OF BEGINNING
+ SOIL SAMPLE LOCATION
+ GROUNDWATER SAMPLE LOCATION
- - LINE NOT SURVEYED
BROWNFIELDS PROPERTY LINE
- - - - - - - - - RIGHT-OF-WAY
REFERENCE LINE
MEAN HIGH WATER (MHW)
LINE TABLES
Line Table
Line #
Length
Direction
L21
41.03'
S01'57'04'E
L22
18.37'
S18°46'03'E
L23
22.22'
S16'08'27'W
L24
1 36.94'
S02'09'17'W
L25
39.64'
S36°12'51'W
L26
51.28'
S00'43'14'E
L27
6.19,
S06°27'38'E
L28
36.11'
S00°58'21'W
L29
34.97'
S27'33'42'W
L30
32.06'
S26'44'21'W
L31
21.72'
S38'27'36'W
L32
42.04'
S26'59'23'W
L33
63.39'
Sll'03'33'W
L34
45.54'
S22'37'47'W
L35
25.00'
S88°31'17'W
L36
38.71'
N83°08'23'W
L37
77.78'
N84'14'55'W
L38
22.22'
S77'08'44'W
L39
20.16'
S06'17'52'W
L40
21,18'
S41'26'19'E
SR 1300 Curve Table
Curve #
Length
Radius
Delta
Ch, Length
Chord Direction
Cl
620.68
1,215-00
29°16'10'
613.96
S10°32'43'W
C2
651.33
1,275.00
1 29'16'10'
644.28
N10°32'43'E
COASTAL WETLANDS LINE
404 WETLANDS LINE
Line Table
Line #
Length
Direction
L41
38.20'
S16'58'21'E
L42
26.14'
S12°54'08'E
L43
47.70'
S12'53'19'E
L44
1 14.77'
S34'53'32'E
L45
12.39'
S20°30'07'E
L46
25.85'
S80'27'35'W
L47
26.48'
N40°21'49'W
L48
21.76'
S43°04'55'W
L49
32.00'
S43`29'53'W
L50
14.09'
S18°26'34'W
L51
9.70'
S62°04'57'W
L52
23.98'
S01*02'26'E
L53
50.85'
S51°03'12'W
L54
51.27'
S37°08'03'W
L55
32,42'
S22°09'01'E
L56
11.08,
S74'52'15'E
L57
50.82'
S85'36'14'E
L58
55.38'
S83'55'51'E
L59
23.37'
S24'16'09'E
L60
1 16,68'
I S49'58'41'E
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DATE
SCALE
11/15/19
1°=1001
DRAWN BY
CHECKED BY
R.M.M.
R.A.P.
PROJECT NO. 21002-17-010
REVISIONS
-DESCRIPTION-
EAGLE ISLAND
NOTICE OF BROWNFIELDS PROPERTY
SHEET
2 OF
4

TW- I
DR 1
NIP6
MINATION
27 ACRES
NIP711 /ra'` .9
-T6
(TIE)
7
®TW-4
NIP13
N=177,630.883
E=2,316,446.029
'I
I
I
II
I
TW-5 ® _---------
---- BB-TWI I ® II
L
1 00Z5f,:rX4
j B1
IT I MP G A I C
2
B- 3
9 7
Be B6
B
DETAIL "A"
AREA 6 BROWNFIELD TABLE
Line Table
Line #
Length
Direction
B1
349.48'
N89°29'31'W
B2
128.51'
N15'24'07'E
B3
23.04'
N59°09'37'E
B4
23.28'
N64°47'56'E
B5
17,14'
N77'28'16"E
B6
20.78'
N79°41'43'E
B7
12.45'
S84'17'22'E
B8
12.45'
N84°17'22'E
B9
8.41'
S76'56'30"E
B10
13.10'
N48°17'15'E
Bll
31.14'
N31°09'34"E
B12
15.43'
N77°35'03'E
B13
25.37'
N06°10'13'E
B14
26.41'
N39°14'15"W
B15
40.65'
N08°50'08'W
B16
208,63'
N75'33'21'W
B17
53.02'
S11°16'50'W
B18
53.38'
S09°21'11"W
B19
58,20'
S08°24'07"W
B20
69.25'
S06°18'22"W
GRAPHIC SCALE
60 0 30 60
( IN FEET )
1 inch = 60 ft.
AREA 7 BROWNFIELD TABLE
Line Table
Line #
Length
Direction
B21
22.01,
N19°55'20'W
B22
16.75'
N10°25'33'W
B23
14.56'
N11°05'01'E
B24
7.88'
N24°57'32'E
B25
21.04'
S41°20'11'E
B26
12.48'
N55°00'29'E
B27
19.04'
N44°16'29'E
B28
24.10'
N45°00'00'E
B29
17.60'
N21°35'43'E
B30
12.67'
N66°11'39'E
B31
19.12'
NO3°03'59'W
B32
8.43'
N14°02'10'E
B33
16.30'
N52°40'01"E
B34
13.304
N62°14'28"E
B35
13.034
N42°49'34"E
B36
18.237
N38°42'29"E
B37
29.120
N38°20'44"E
B38
36.026
N20°29'33"W
B39
227.332
S75°02'15"E
B40
138.541
S25°02'44'W
I
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I
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i
i
I
I
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I
/
/
/
/
/
/
/
/
/
AREA 7 BROWNFIELD TABLE
Line Table
Line #
Length
Direction
B41
15.80'
S64°26'25'W
B42
14.12'
S41°30'28'W
B43
23.14'
S20°22'34'W
B44
21.90'
S25°06'53'W
B45
24.94'
S26°33'54'W
B46
15.88'
S20°33'23'W
TIE LINE TABLE
Line Table
Line #
Length
Direction
T1
94.13'
S86°29'59'W
T2
101,04'
N87°04'44'E
T3
173.35'
S28°52'45'W
T4
179.76'
N29'19'08'E
T5
227.22'
S06°05'11'E
T6
8.49'
N65°26'32'E
T7
6.37'
N40'12'11'E
LLJ
o \ \
�j m GRAPHIC SCALE \ \
O m � 50 0 25 50 \
� o
rq wLn CD
Ln
\ \
o ro CO( IN FEET ) \ \
o m 1 inch = 50 ft. \
Q:� o \
CDz w li Q \
CD z
z u
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o RIS8
zQ_____________� N=178,174.214 \
z o---------------------- ; E=2,316,804.694
LLJ
>-------------------- \ POTENTIAL
`____-------- T7 \ CONTAMINATION LINE
- ---- N=178,171.482
N=178,140.320
N(TIE AREA 3) i \E=2,316,817.564
E=2,316,409.605 A5- �� \
E ENERGY
ENT PER
52 PG 175
OUNDARY
282-1 /2
PG 1509
AREA OF POTENTIAL CONTAMINATION
Line Table
Line #
Length
Direction
Al
111.82'
N79°28'54'E
A2
138.26'
S24°25'23'E
A
217.47'
N83°05'37'E
A
125.00'
SO4°11'06'E
A5
356.30'
S85°23'56'W
T1
(TIE 1.4 AC
(TIE AREA 3)
d-
NIPS
N=177,869.753
E=2,31 6,428.950
AREA 3 BROWNFIELD TABLE
Line Table
Line #
Length
Direction
B47
93.32'
N82°31'53'E
B48
119,16'
S03°06'30'E
B 4 9
291,05'
S85°17'36'W
B50
10.45'
N90°00'00'W
B51
9,99'
N77°54'32'W
B52
12.74'
N84°55'13'W
B53
16.08'
N68°23'07'W
B54
13,97'
N46°38'12'W
B55
14.56'
N08°54'54'W
B56
2973'
N09°17'01'W
B57
50.67'
N07°40'44"W
B58
47.12'
N08°57'17"W
B 5 9
36.20'
N04°01'19'W
B60
30.13'
N06°59'31'W
B61
98.94'
N79°39'05'E
B62
54.83'
S16°20'25'E
B63
50.69'
S28°53'12'W
B64
26.42'
S10°00'28'E
B65
11.34'
S36'14'48'E
B66
13.27'
S40°48'54'E
B
', B6
ON
A3
COMP051TE 501L SAMPLING
AREA 3CI=
43690 5F/ 1 .0 ACRE
9N
i
i
AREA OF POTENTIAL CONTAMINATION
TOTAL AREA=55,9GG 5F/ 1.4 ACRES
414 5F LIES OUTSIDE OF PARCEL I BOUNDARY
EbTW-4
111:11IRT'llons
AREA 3 BROWNFIELD TABLE
Line Table
Line #
Length
Direction
B67
14.30'
S73°18'03'E
B68
15.50'
S76°22'23'E
B69
24.16'
S73'50'23'E
B70
17.11'
S63°26'07"E
B71
11,032
S46'54'24"E
B72
6.787
S70°20'46"E
B73
20,645
S71'57'57"E
B74
18,284
S87°08'15'E
B75
15.58'
N84°57'27"E
B76
6.98,
N78°41'24"E
B77
10.81,
N61°13'20'E
B78
9.90'
N25°16'20'E
B79
8,78'
N27°53'50'E
B80
26,43'
N08°30'20'E
B81
18,94'
N13°51'04'E
B B
N09 O1\47'W 1184.33'
("A5Tb 'Al' LINE CLOSURE)
1 \
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5 B57
I \.
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TOTAL 414 SF OF N❑TICE OF
INACTIVE HAZARDOUS AND WASTE
DISP❑SAL AREA LYING ❑UTSIDE
BB 4 PARCEL 1 BOUNDARY PERIMETER.
Al
POTENTIAL
CONTAMINATION LINE
N=177,941.467 \
E=2,316,891.61 1
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PRELIMINARY
DATE
SCALE
11 /15/19
1 "=60'/l "=50
DRAWN BY
CHECKED BY
R.M.M.
R.A.P.
PROJECT NO. 21002-17-010
REVISIONS
-DESCRIPTION-
EAGLE ISLAND
NOTICE OF BROWNFIELDS PROPERTY
SHEET
3OF
4

Line Table
Line #
Length
Direction
L61
29.99'
S15°21'22'E
L62
58.67'
S00°36'51'E
L63
56.79'
S26°36'17'E
L64
30.00'
S67'18'17'W
L65
33.60'
N89°57'31'W
L66
45.82'
N69°00'58'W
L67
30.04'
S70°25'36'W
L68
33.13'
SO4°45'03'E
L69
29.07'
S17°15'27'E
L70
44.58'
S85°56'08'E
L71
18.14'
S81°58'56'E
L72
13.53'
S56°07'03'E
L73
7.13'
S72°04'42'W
L74
20,40'
N77°40'39'W
L75
40.71'
S86°02'45'W
L76
35.36'
S66°18'08'W
L77
31.03'
N66°37'54'W
L78
23.93'
N79°17'56'W
L79
42,85'
N89°17'10'W
L80
11.05'
S03°20'17'W
L81
33.54'
S33°45'15'E
L82
61.12'
S66°00'40'E
L83
31.74'
1 S65°19'18'E
EIP
Line Table
Line #
Length
Direction
L84
38.70'
S45°10'15'E
L85
31.51'
S57'31'23'E
L86
34.86'
S72°23'19'E
L87
14,70'
S52'05'30'E
L88
22.60'
S19°50'04'W
L89
34.89'
S38°42'49'W
L90
33,75'
S17'03'33'W
L91
22.62'
S26°38'40'W
L92
29,13'
N82°27'46'W
L93
23.86'
S62°39'25'W
L94
12.63'
S37°44'55'W
L95
20.34'
S67°37'58'W
L96
35.87'
S17°17'17'W
L97
31.85'
S57°53'50'W
L98
59.78'
N82°02'26'W
L99
79.90'
S22°56'58'W
L100
41.23'
S84°10'50'E
L101
22.58'
S79°56'25'E
L102
36.80'
S26°25'15'W
L103
44.85'
S22°15'39'W
L104
56.31'
S13°21'12'W
L105
57.11'
S13°21'02'W
Curve Table
Curve #
Length
Radius
Delta
Ch Direction
Ch Length
C3
239.93'
1979.00'
006°56'47'
S22°17'06'W
239.78'
C4
227.95'
1919.00'
006°48'21'
S22°21'20'W
227.81'
C5
188.55'
1979.00'
005°27'32'
S16°04'58'W
188.48'
C6
187.55'
1 1919.00'
005°35'58'
1 S16°09'11'W
1 187,47'
TOTAL COMFO51TE 501L SAMPLING
AREA " I " AND "2"=
1 50,G58 5F/ 3.5 ACRES
N/F
WILMINGTON UNIQUE PLACES, LLC.
DEED BOOK 4 145 PAGE 1 122
BRUNSWICK COUNTY PIN No. 31 1700574570
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DEED BOOK 256 PAGE 271 v DEED BOOK 4132 PAGE 27 0
\ MAP BOOK 6 PAGE 101 Z MAP BOOK 6 PAGE 101
o S75°03'06'E 61.08'
\ BRUNSWICK COUNTY PIN No. 3117005628JO BRUNSWICK COUNTY PIN No. �2
PARCEL #03900009 J11700567898 W
/ PARCEL No OJ900010
AREA OF POTENTIAL CONTAMINATION
TOTAL AREA=11,605 SF/ 0.27 ACRES
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N19°58'42'W 114,90'
EIP S75°3122
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GEODETIC CONTROL TIE
(REFERENCE VICINITY MAP)
NGS "V-215" (PUBLISHED)
STATE PLANE NORTHING = 175,078.93 (ft) (NAD 1983/NSRS 2011)
STATE PLANE EASTING = 2,318,481.63 (ft) (NAD 1983/NSRS 2011)
ELEVATION= 32.70 (ft) (NAVD 1988/GEOID12B)
VERTICAL ORDER SECOND CLASS 0
OBSERVED STATE PLANE COORDINATES
NOTHING = 175,078.98 (ft) (NAD 1983/2011)
EASTING = 2,318,481.65 (ft) (NAD 1983/2011)
ELEVATION= 32.29 (ft) (NAVD 1988)
OBSERVED HORIZONTAL POSITIONAL TOLERANCE
S18°03'38"W 0.05' (ft) (GRID)
LOCALIZED GRID TIE FROM NGS MONUMENT V-215 TO EIR1 AND NIP9
AS SHOWN HEREON
THIS SURVEY WAS PERFORMED TO MEET FEDERAL GEOGRAPHIC
DATA COMMITTEE STANDARDS AS APPLICABLE; THAT THE ORIGINAL
GPS DATA WAS OBTAINED IN DECEMBER, 2016 ; THAT THE FIELD
LOCATION WAS COMPLETED ON JULY 27, 2018; THE PRIMARY STATE
PLANE COORDINATES SHOWN HEREON ARE NORTH CAROLINA
STATE PLANE VALUES (FIPS 3200) BASED ON THE NAD 1983 (NSRS
2011) NAVD 1988 (GEOID 12B) ADJUSTMENT AS POSITIONED BY THE
NCGS VRS NETWORK FROM OBSERVATIONS MADE BY THIS OFFICE
USING TRIMBLE GNSS R-8 MODEL 4 SURVEY GRADE DUAL
FREQUENCY RECEIVERS AND OBSERVED USING MULTIPLE
SESSIONS A MINIMUM OF 1,440 EPOCHS; ALL OTHER COORDINATES
ARE LOCALIZED GROUND VALUES DERIVED FROM CONVENTIONAL
METHODS BY THIS OFFICE; THIS SURVEY WAS COMPILED TO MEET
THE ASPRS STANDARDS FOR CLASS 1 MAP ACCURACY AT 1 : 1,200
( 1" = 100'). ALL REPORTED VALUES ARE U.S. SURVEY FEET.
S75.03
GEODETIC TABLE
MONUMENT NORTHING EASTING
PUBLISHED NGS V215 175,078.930 2,318,481.630
PRIMARY STATE PLANE COORDINATES
40" CYPRESS
/ STUMP
EVIDENCE TABLE
POINT NORTHING EASTING
ECM1 1764,07.638 2,316,319.774
EIR1 176,957.973 2,316,156.085
EIR2 177,002.952 2,315,983.947
LOCALIZED GROUND COORDINATES IN
US SURVEY FEET
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=124,981 SF/ 2.9 ACRES `J° OBTAINED FROM BRUNSWICK
COUNTY GIs WEBSITE N=176,710 042
E=2,317,066.250
'A'
SOIL �S B
AFLl Lj R 'A
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HOLDINGS OF TCM, INC. L9z v
DEED BOOK 3904 PAGE 700 �° l
S BRUNSWICK COUNTY PIN No. 311700662534
\ \ PARCEL #0390000901 & #03900008 �� l
LEGEND \\ EIP \ moo roo
DB...... DEED BOOK
PG ...... PAGE REFERENCE
N/F..... NOW OR FORMERLY
RCP... REINFORCED CONCRETE PIPE
LGND... GROUND DISTANCE VALUE
100.00' T..DENOTES TOTAL DISTANCE
(100.00')... DENOTES PARTIAL DISTANCE
DI ...... DROP INLET
SN......SIGN
NMF.... NO MONUMENTATION FOUND
PL ......PROPERTY LINE
CL ......CENTER LINE
PKS.....PK NAIL SET
CMP......CORRUGATED METAL PIPE
TYP....... TYPICAL
CP.........COMPUTED POINT
CB.........CATCH BASIN
• EN EXISTING NAIL
OO NIP ..... NEW IRON PIN SET- 5/8" REBAR
■ ECM..... EXISTING CONCRETE MONUMENT
• EIR..... EXISTING IRON REBAR
• IRIS ..... REFERENCE IRON SET
• EIS.... EXISTING IRON STAKE
RIGHT-OF-WAY MONUMENT
❑ TPED.... TELEPHONE PEDESTAL
❑ MB.... METER BOX
,a PIP .... POWER POLE
O LP LIGHT POLE
O FO....FIBER OPTIC
O WP....WOOD POST
0 WV WATER VALVE
CD WM....WATER METER
❑ TMH.... TELEPHONE MANHOLE
❑ EB.... ELECTRICAL BOX
O SN.... SIGN
POB.... POINT OF BEGINNING
ss SOIL SAMPLE LOCATION
® MONITORING WELLS
LINE NOT SURVEYED
BROWNFIELDS PROPERTY LINE
RIGHT-OF-WAY
REFERENCE LINE
COASTAL WETLANDS LINE
404 WETLANDS LINE
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\ \ pFR OB 2oRc y F EIP J J
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US hl/Gy�i N66°4 , 00 N77°24'51'W 60.00'
Ay427 348`w 6S ti N77°24'51'W 78.31'
a AREA OF POTENTIAL CONTAMINATION
TOTAL AREA=4,904 SF/ 0.1 ACRES
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NIF
DUKE ENERGY PROGRESS, INC.
DEED BOOK 3411 PAGE 478
EIP BRUNSWICK COUNTY
PIN No. 311700661031
/ PARCEL No OJ900012
LEGEND
COMPOSITE SOIL SAMPLING AREA
z z z z z z z z z z
z z z z z z z z z z
z z z z z z z z z z
AREA OF POTENTIAL
CONTAMINATION
SOIL BACKFILL AREA
-MW4
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L 98
-N77°28'26'W
419,13 L100 Llol 11L
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GRAPHIC SCALE
100 0 50 100
( IN FEET )
1 inch = 100 ft.
SOIL
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 SOIL REMEDIATION GOALS OF THE INACTIVE HAZARDOUS SITES BRANCH OF
DEQ'S SUPERFUND SECTION (MAY 2019 VERSION):
Soil
Contaminant
Sample
Location
Date of
Sampling
Depth (ft)
Concentration
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Level
(mpg)
Area 3 C1
6/15/2015
0.5-1.5
1.3
Area 6 C1
6/15/2015
0.5-1.5
4.3
Area 6 C2
6/15/2015
0.5-1.5
1.9
Area 7 C1
6/15/2015
0.5-1.5
0.86
Area 7 C2
6/15/2015
0.5-1.5
0.69
Fill-01
8/16/2017
0-1 ft.
Com osite
0.865
PS1
3/8/2017
0-1 ft.
5.53
PS1A
3/8/2017
0-1 ft.
1.45
PS2
3/8/2017
0-1 ft.
4.28
PS4
3/8/2017
0-1 ft.
5.21
SS-1
3/22/2017
0-1 ft.
1.20
SS-MW4
3/23/2017
3.5-4 ft.
33.7
SS-TW1
3/23/2017
3-4 ft.
4.87
Arsenic
0.68
SURF-
EDGE-2
8J4/2017
0-1 ft.
5.10
SURF
EDGE-3
8/4/2017
0-1 ft.
2.03
Z10
3/7/2017
0-1 ft.
Com osite
4.24
Z11
3/7/2017
0-1 ft.
(Composite)
1.48
Z12
3J7/2017
0-1
(composite)
5.97
Z14
3J7/2017
0-1 ft.
(Composite)
2.91
Z15
3/8/2017
0-1 ft.
(Composite)
1.23
Z5
3J7/2017
0-1 ft.
(Composite)
1.62
Z7
3/6/2017
0-1 ft.
(Composite)
2.13
Arsenic
Z8
3J7/2017
0-1 ft.
(Composite)
13.4
0.68
Z9
3/7/2017
0-1
(Composite)
9.08
EI-EXC-S1
8/3/2017
2 ft.
0.311
PS4
3/8/2017
0-1 ft.
0.405
Benzo[a]pyrene
Z11
3/7/2017
0-1 ft.
(Composite)0.11
0.210
Z8
3/7/2017
0-1 ft.
(Composite)
0.142
Z9
3/7/2017
0-1 ft.
(Composite)
0 218
p-Isopropyltoluene
Area 3 B
6/15/2015
0.5-1.5
0.44
NS
BB-SO04
4/28/2016
0-2
0.397
Manganese
Z8
3/7/2017
0-1 ft.
(Composite)
506
380
Mercury
Z8
3/7/2017
0-1 ft.
(Composite)
5.68
2.3
Thallium
Z8
3/7/2017
0-1 ft.
(Composite)
0.167
0.16
1,2,3-
Trichloropropane
Area 3 B
6/15/2015
0.5-1.5
0.183
0.0051
NOTES:
1. 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-6 LIFETIME INCREMENTAL CANCER RISK.
2. NS - NO SCREENING LEVEL ESTABLISHED
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(µg/L)
Standard L)
(µg/
Standard
Ammonia
MW-4
3/27/2017
4,000
1,500
MW-5
3/28/2017
2,850
TW-1 (2017)
3/23/2017
7,270
TW-1(2015)
6/15/2015
9,300
TW-2
6/15/2015
3,100
TW-3
6/15/2015
19,100
TW-6
6/15/2015
3,200
BB-TW02
5J4/2016
2,720
BB-TW03
5J4/2016
7,190
BB-TW04
5J4/2016
7,560
BB-TW11
5/4/2016
3,550
BB-TW13
5/4/2016
2,350
1313-TW14
5/4/2016
8,080
Arsenic
MW-4
3/27/2017
267
10
Manganese
MW-1
3/28/2017
114
50
MW-2
3/27/2017
107
MW-3
3/27/2017
410
MW-4
3/27/2017
1,760
MW-5
3/28/2017
1,060
TW-1 (2017)1
3/23/2017
3,430
Bis(2-Chloroethoxy)
methane
BB-TW04
5/4/2016
52.3
NS
3/4-Methylphenol
1313-TWO4
5J4/2016
927
40
Phenol
BB-TW04
5/4/2016
94.1
30
Phosphorus
TW-1(2015)
6/15/2015
3,200
NS
TW-2
6/15/2015
1,600
TW-3
6/15/2015
810
TW-4
6/15/2015
340
TW-5
6/15/2015
480
TW-6
6/15/2015
870
TW-7
6/15/2015
1,000
Orthophosphate as
Phosphorus
TW-1 2015
6/15/2015
3,400
NS
TW-2
6/15/2015
1,100
TW-3
6/15/2015
620
TW-4
6/15/2015
270
TW-6
6/15/2015
480
TW-7
6/15/2015
730
NOTES:
1. NS = NO STANDARD ESTABLISHED
2. 1GROUNDWATER SAMPLES COLLECTED FROM TW-1 IN 2017 CORRESPOND TO THE TEMPORARY
MONITORING WELL LOCATED EAST OF NE BATTLESHIP ROAD AND NEAR THE SOUTHERN END OF
THE PROPERTY. GROUNDWATER SAMPLES COLLECTED FROM TW-1 IN 2015 CORRESPOND TO THE
MONITORING WELL LOCATED WEST OF NE BATTLESHIP ROAD IN THE NORTHERN PART OF THE
PROPERTY.
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PRELIMINARY
DATE
SCALE
11/15/19
1"=100'
DRAWN BY
CHECKED BY
R.M.M.
R.A.P.
PROJECT NO. 21002-17-010
REVISIONS
-DESCRIPTION-
EAGLE ISLAND
NOTICE OF BROWNFIELDS PROPERTY
SHEET
40F4

EXHIBIT C
LEGAL DESCRIPTION
Parcel 1 (R05300-001-001-000):
Beginning at NIP9, a new iron rebar pin set in the eastern 60' public right-of-way of NCSR
No. 1300 (NE Battleship Road) a property corner lying in the division line between Tract 4 and
Tract 5 as referenced in the New Hanover County Registry within Deed Book 5824 Page 1509
and depicted on a survey recorded within Deed Book 219 Page 282 1/2, said NIP9 also being the
point and place of beginning having localized ground coordinates in U.S. survey feet of Northing
177,869.7527 Easting 2,316,428.9498 based upon North Carolina FIP3200 state plane
coordinates for survey localization point NGS monument "V215" lying a localized ground
distance of S 36' 20' 06" E 3,464.42' from NIP9; Commencing at the Point of Beginning and
running thence along the eastern 60' public right-of-way of NCSR 1300 North 04°05'22" West
271.26' to NIP11, a new iron rebar set in the 60' public right-of-way intersection corner between
NCSR 1352 (U.S.S. N.C. Battleship Road) and NCSR 1300; running thence with the 60' public
right-of-way of NCSR 1352 along the Old Causeway 60' Public right-of-way as shown within
Deed Book 219 Page 282 1/2 North 85°05'48" East 401.56' to a computed point in the established
tidal mean high water line (MHW) of the Cape Fear River and in the old wharf concrete
headwall at the Old Causeway ferry slip, said point being witnessed by RIS8, a rebar reference
iron set on the Old Causeway right-of-way line South 85°05'48" West 5.00' from the MHW
computed point; running thence southerly along the Cape Fear River with the established tidal
MHW line the following courses and distances:
thence South 05° 14'05" East 0.50' to an established MHW point; thence South 71 ° 11'49" East
8.56' to an established MHW point; thence South 81 °31'04" East 30.97' to an established MHW
point; thence South 61°09'16" East 16.17' to an established MHW point; thence South
30° 18'28" East 9.99' to an established MHW point; thence South 15°58'42" West 13.66' to an
established MHW point; thence South 09°45'21" East 63.82' to an established MHW point;
thence South 12°29'51" East 26.46' to an established MHW point; thence South 05°55'50" East
63.66' to an established MHW point; thence South 05°58'15" East 47.80' to an established MHW
point; thence South 12°24'21" West 5.83' to an established MHW point; thence South
01002'43"E 26.64' to a tie on the centerline of the ditch; thence South S85°35'48"W 198.75' to a
computed point in the normal high water (NHW) of the ditch, said point being witnessed by
RIS 10, a rebar reference iron set on the tract line between Tract 4 and Tract 5 as referenced in
the New Hanover County Registry within Deed Book 5824 Page 1509 and depicted on a survey
recorded within Deed Book 219 Page 282 1/2;
Running thence from the computed NHW point South 85°35'48" West 264.9E to NIP9, the Point
of Beginning containing 125,485 square feet (2.881 Acres) as depicted on a survey by ESP
Associates, Inc., entitled "SURVEY PLAT — EXHIBIT B NOTICE OF BROWNFIELDS
PROPERTY", dated November 15, 2019.
Parcel 2A (R05300-001-002-000):
Beginning at an existing solid iron a property corner lying in the northern line of a tract of land
referenced in the Brunswick County Registry within Deed Book 432 Page 483 and depicted on a
survey recorded within Map Book 6 Page 101, portions of said northern line being the county
Eagle Island/21002-17-010/18Nov2019

boundary line between New Hanover and Brunswick Counties per a unrecorded map provided
by NCDOT prepared by Stuart Benson, PLS, entitled, "W.W. Skeets Winner Docking Facility",
dated March 2000; said property corner also being a county boundary corner; said property
corner EIR1 also being the point and place of beginning having localized ground coordinates in
U.S. survey feet of Northing 176,957.9733 Easting 2,316,156.0852 based upon North Carolina
FIP3200 state plane coordinates for survey localization point NGS monument "V215" lying a
localized ground distance of S 51' 03' 42" E 2,989.8 F from EIR1; Commencing at the Point of
Beginning and running thence with the county boundary line adjoining a parcel of land
referenced in the Brunswick County Registry within Deed Book 250 Page 694, North 00°27'47"
East 1,165.86' to NIP 12, a new iron rebar set, lying in the southern 60' public right-of-way of
NCSR No. 1352 (U.S.S. N.C. Battleship Road) computed per the NCDOT provided unrecorded
survey; running thence with the NCSR 1352 right-of-way North 84°53'07" East 184.68' to NIP1,
a new iron rebar set lying in the asphalt apron, a 60' public right-of-way intersection corner
between NCSR 1352 and NCSR 1300 (NE Battleship Road); running thence with the 60' public
right-of-way of NCSR 1300 South 04°05'22" East 5.08' to a computed point; running thence
South 04°05'22" East 509.89 to NIP2, a new iron rebar set and the beginning of a curve tangent
to said line; running thence southerly and southwesterly along a curve concave to the west, the
NCSR 1300 western right-of-way, an arc distance of 620.68', having a radius of 1215.00', a
central angle of 29°16'10" and subtended by a chord bearing S 10' 32' 43" W 613.96' to NIP4, a
new iron rebar set in the NCSR 1300 western right-of-way; running thence tangent to said curve
South 25° 10'48" West 94.72' to NIP6, a new iron rebar set in the NCSR 1300 western right-of-
way and in the northern line of a tract of land referenced in the Brunswick County Registry
within Deed Book 432 Page 483 and depicted on a survey recorded within Map Book 6 Page
101, said NIP6 also being located in the county boundary line; running thence North 75°03'06"
West 80.09' leaving the NSRS 1300 right-of-way and with the county boundary line and along
the northern boundary of an adjoining 25' access easement to EIR1, the Point of Beginning
containing 230,230 square feet (5.287 Acres) as depicted on a survey by ESP Associates, Inc.,
entitled "SURVEY PLAT — EXHIBIT B NOTICE OF BROWNFIELDS PROPERTY", dated
dated November 15, 2019.
Parcel 2B (R05300-001-002-000):
Beginning at NIP9, a new iron rebar pin set in the eastern 60' public right-of-way of NCSR
No. 1300 (NE Battleship Road), a property corner lying in the division line between Tract 4 and
Tract 5 as referenced in the New Hanover County Registry within Deed Book 5824 Page 1509
and depicted on a survey recorded within Deed Book 219 Page 282 1/2, said NIP9 also being the
point and place of beginning having localized ground coordinates in U.S. survey feet of Northing
177,869.7527 Easting 2,316,428.9498 based upon North Carolina FIP3200 state plane
coordinates for survey localization point NGS monument "V215" lying a localized ground
distance of South 36' 20' 06" East 3,464.42' from NIP9; Commencing at the Point of Beginning
and running thence with the division line between Tract 4 and Tract 5 North 85°35'48" East
264.9 P to a computed point in the normal high water (NHW) of the ditch, said point being
witnessed by RIS 10, a rebar reference iron set on the tract line South 85°35'48" West 198.75'
from the computed point referenced hereon as the centerline of ditch and lying on the tract line
South 85°35'48" West 250.00' from the beginning wharf corner as shown per Deed Book 219
Page 282 '/2; running thence southerly along the Cape Fear River with the established tidal MHW
line the following courses and distances:
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From a tie on the centerline of the ditch thence South 01°02'43"East 24.94' to an established
MHW point; thence South 03°03'01" West 28.23' to an established MHW point; thence South
20°45'05" West 15.96' to an established MHW point; thence South 05°09'05" West 58.35' to an
established MHW point; thence South 13°55'18" West 34.74' to an established MHW point;
thence South 00°43'32" East 23.09' to an established MHW point; thence South 24°31'45"
East 36.83' to an established MHW point; thence South 24°00'37" East 34.78' to an established
MHW point; thence South 01 °57'04" East 41.03' to an established MHW point; thence South
18°46'03" East 18.37' to an established MHW point; thence South 16°08'27" West 22.22' to an
established MHW point; thence South 02'09'17" West 36.94' to an established MHW point;
thence South 36°12'51" West 39.64' to an established MHW point; thence South 00°43'14" East
51.28' to an established MHW point; thence South 06°27'38" East 6.19' to an established
MHW point; thence South 00°58'21" West 36.1 F to an established MHW point; thence South
27°33'42" West 34.97' to an established MHW point; thence South 26°44'21" West 32.06' to an
established MHW point; thence South 38°27'36" West 21.72' to an established MHW point;
thence South 26°59'23" West 42.04' to an established MHW point; thence South 11'03'33"
West 63.39' to an established MHW point; thence South 22°37'47" West 45.54' to an
established MHW point; thence South 88°31'17" West 25.00' to an established MHW point;
thence North 83°08'23" West 38.7l' to an established MHW point; thence North 84° 14'55"
West 77.78' to an established MHW point; thence South 77°08'44" West 22.22' to an established
MHW point; thence South 06° 17'52" West 20.16to an established MHW point; thence South
41°26'19" East 21.18' to an established MHW point; thence South 16°58'21" East 38.20' to an
established MHW point; thence South 12°54'08" East 26.14' to an established MHW point;
thence South 12°53'19" East 47.70' to an established MHW point; thence South 34°53'32" East
14.77' to an established MHW point; thence South 20°30'07" East 12.39' to an established
MHW point; thence South 80°27'35" West 25.85' to an established MHW point; thence North
40°21'49" West 26.48' to an established MHW point; thence South 43°04'55" West 21.76' to an
established MHW point; thence South 43°29'53" West 32.00' to an established MHW point;
thence South 18°26'34" West 14.09' to an established MHW point; thence South 62°04'57"
West 9.70' to an established MHW point; thence South 01 °02'26" East 23.98' to an established
MHW point; thence South 51°03'12" West 50.85' to an established MHW point; thence South
37°08'03" West 51.27' to an established MHW point; thence South 22°09'01" East 32.42' to an
established MHW point; thence South 74'52'15" East 11.08' to an established MHW point;
thence South 85°36'14" East 50.82' to an established MHW point; thence South 83°55'51" East
55.38' to an established MHW point; thence South 24°16'09" East 23.37' to an established
MHW point; thence South 49°58'41" East 16.68' along the MHW line to an existing 40" cypress
tree stump on the bank of the Cape Fear River and in the county boundary line between New
Hanover and Brunswick Counties per a unrecorded map provided by NCDOT prepared by Stuart
Benson, PLS, entitled, "W.W. Skeets Winner Docking Facility", dated March 2000;
Running thence and leaving the MHW line of the Cape fear River North 75103'06" West 383.53'
to NIP7, a new iron rebar set in the NCSR 1300 eastern right-of-way and in the northern line of a
tract of land referenced in the Brunswick County Registry within Deed Book 432 Page 483 and
depicted on a survey recorded within Map Book 6 Page 101, said NIP7 also being located in the
county boundary line; running thence with the easterly 60' public right-of-way of NCSR1300
North 25°10'48" East 83.89' to NIPS, a new iron rebar set in the NCSR 1300 eastern right-of-way
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and tangent to the beginning of a curve; running thence northwardly, , along the curve concave to
the west, the NCSR 1300 eastern right-of-way, an arc distance of 651.33', having a radius of
1275.00', a central angle of 29'16'10" and subtended by a chord bearing North 10'32'43" East
644.28' to NIP3, a new iron rebar set in the NCSR 1300 eastern right-of-way; running thence
North 04°05'22" West 239.48' to NIP9, the Point of Beginning containing 378,745 square feet
(8.695 Acres) as depicted on a survey by ESP Associates, Inc., entitled "SURVEY PLAT —
EXHIBIT B NOTICE OF BROWNFIELDS PROPERTY", dated November 15, 2019.
TRACT 103900011 EAST NCSR 1300
Commencing at NIP7, a new iron rebar set in the eastern 60' public right-of-way of NCSR No.
1300 (NE Battleship Road) a property corner lying in the division line between Tract 1 and Tract
2 as referenced in the New Hanover County Registry within Deed Book 5824 Page 1509 and the
Brunswick County registry within Deed Book 3904 Page 700 and having localized ground
coordinates in U.S. survey feet of Northing 176,921.572 Easting 2,316,292.427 based upon
North Carolina FIP3200 state plane coordinates for survey localization point NGS monument
"V215" lying at a localized ground distance of 2861.30 from NIP7; thence in a southerly
direction along the eastern Right -of -Way NCSR 1300 South 25°45'31" West, 270.17 feet to an
existing iron pin being the beginning of a curve concave westerly, said curve has a radius of
1,919.00 feet; thence southerly along said curve through a central angle of 6°48'21" an arc
distance of 227.95 feet to an existing iron pin lying on the dividing line between tracts 1 and 2 as
referenced in the Brunswick County registry within Deed Book 3904 Page 700, said iron pin
being the Point of Beginning; thence leaving the eastern right-of-way South 759F41" East,
238.99 feet to an existing concert monument; thence along the same line South 759F41" East,
237.03 feet to a point lying along the western side of the Cape Fear River at the established tidal
MHW Line; thence in a southerly direction along with the established MHW Line the following
coursed and directions: South 67°37'58" West, 20.34 feet to a point; thence South 17°17'17"
West, 35.87 feet to a point; thence South 57°53'50" West, 31.85 feet to a point; thence North
82°02'26" West, 59.78 feet to a point; thence South 22°56'58" West, 79.90 feet to a pointy;
thence South 84°10'50" East, 41.23 feet to a point; thence South 79°56'25" East, 22.58 feet to a
point; thence South 26°25'15" West, 36.80 feet to a point; thence South 22°15'39" West, 44.85
feet to a point; thence leaving the MHW Line in a westerly direction North 77°28'26" West,
419.13 feet to a point lying along the eastern right-of-way NCSR 1300; thence along the eastern
Right=of-Way in a northerly direction North 13°21'12" East, 5 6.3 1 feet to a point being the
beginning of a curve concave easterly, said curve has a radius of 1,919.01 feet thence northerly
along said curve through a central angle of 5°35'58" an arc distance of 187.55 feet to an existing
iron pin, said point being the Point of Beginning.
Containing 99,259.32 square feet, more or less [2.28 Acres].
TRACT 103900011 WEST NCSR 1300
Commencing at NIP7, a new iron rebar set in the eastern 60' public Right -of -Way of NCSR No.
1300 (NE Battleship Road) a property corner lying in the division line between Tract 1 and Tract
2 as referenced in the New Hanover County Registry within Deed Book 5824 Page 1509 and the
Brunswick County registry within Deed Book 3904 Page 700 and having localized ground
coordinates in U.S. survey feet of Northing 176,921.572 Easting 2,316,292.427 based upon
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North Carolina FIP3200 state plane coordinates for survey localization point NGS monument
"V215" lying at a localized ground distance of 2861.30 from NIP7; thence in a southerly
direction along the eastern Right -of -Way NCSR 1300 South 25°45'31" West, 270.17 feet to an
existing iron pin being the beginning of a curve concave westerly, said curve has a radius of
1,919.00 feet; thence southerly along said curve through a central angle of 6°48'21" an arc
distance of 227.95 feet to an existing iron pin lying on the dividing line between tracts I and 2 as
referenced in the Brunswick County registry within Deed Book 3904 Page 700, said iron pin;
thence North 75°40'34" West, 60.19 feet to an existing iron pin being the beginning of a non -
tangent curve concave westerly, said curve has a radius of 1,979.00 feet, to which a radial line
bears South 16°04'58" West, said point being The Point of Beginning; thence southerly along
said curve through a central angle of 5°27'32" an arc distance of 188.55 feet to a point; thence
South 13°21'02" West, 57.11 feet to a point; thence North 77°24'51" West, 78.31 feet to an
existing iron pin; thence South 11'02'28" West, 207.82 feet to an existing iron pin lying on the
northern Right -of -Way of U.S. Highway 421; thence along the Right -of -Way in a westerly
direction North 66°43'48" West, 651.68 feet to an existing iron pin; thence North 61°20'58"
West, 228.25 feet to an existing iron pin; thence North 52°11'31" West, 180.72 feet to an existing
iron pin; thence North 36°22'17" West, 210.34 feet to an existing iron pin; thence North
19°58'42" West, 114.90 feet to an existing iron pin; thence leaving said Right -of -Way in an
easterly direction South 75°31'22" East, 854.49 feet to an existing iron pin; thence North
75°37'59" West, 474.87 feet to an existing iron pin, said iron pin being The Point of Beginning.
Containing 421,212.50 square feet, more or less [9.67 Acres].
TRACT 2 0390000901 EAST NCSR 1300
Beginning at NIP7, a new iron rebar set in the eastern 60' public Right -of -Way of NCSR No.
1300 (NE Battleship Road) a property corner lying in the division line between Tract I and Tract
2 as referenced in the New Hanover County Registry within Deed Book 5824 Page 1509 and the
Brunswick County registry within Deed Book 3904 Page 700 and having localized ground
coordinates in U.S. survey feet of Northing 176,921.572 Easting 2,316,292.427 based upon
North Carolina FIP3200 state plane coordinates for survey localization point NGS monument
"V215" lying at a localized ground distance of 2861.30 from NIP7; thence running along the
dividing line between tract I and tract 2 along the Brunswick County / New Hanover County line
South 75°03'06" East, 383.53 feet to a 40" Cypress Stump lying along the western bank of the
Cape Fear River; thence running in a southerly direction along the established tidal MHW line
the following courses and distances: South 15°21'22" East, 29.99 feet to a point ; thence South
0°36'51" East, 58.67 feet to a point; thence South 26°36'17" East, 56.79 feet to a point; South
67°18'17" West, 30.00 feet to a point; thence North 89°57'31" West, 33.60 feet to a point; thence
North 69°00'58" West, 45.82 feet to a point; thence South 70°25'36" West, 30.04 feet to a point;
thence South 4°45'03" East, 33.13 feet to a point; thence South 17°15'27" East, 29.07 feet to a
point; thence South 85°56'08" East, 44.58 feet to a point; thence South 81°58'56" East, 18.14 feet
to a point; thence South 56°07'03" East, 13.53 feet to a point; thence South 72°04'42" West, 7.13
feet to a point; thence North 77°40'39" West, 20.40 feet to a point; thence South 86°02'45" West,
40.71 feet to a point; thence South 66° 18'08" West, 35.36 feet to a point; thence North 66°37'54"
West, 31.03 feet to a point; thence North 79°17'56" West, 23.93 feet to a point; thence North
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89°17'10" West, 42.85 feet to a point; thence South 3120'17" West, 11.05 feet to a point; thence
South 33°45'15" East, 33.54 feet to a point; thence South 66°00'40" East, 61.12 feet to a point;
thence South 65°19'18" East,31.74 feet to a point; thence South 45°10'15" East, 38.70 feet to a
point; thence South 5731'23" East, 31.51 feet to a point; thence South 72°23'19" East, 34.86 feet
to a point; thence South 52°05'30" East, 14.70 feet to a point; thence South 19°50'04" West,
22.60 feet to a point; thence South 38°42'49" West, 34.89 feet to a point; thence South 17°03'33"
West, 33.75 feet to a point; thence South 26°38'40" West, 22.62 feet to a point; thence North
82°27'46" West, 29.13 feet to a point; thence South 62°39'25" West, 23.86 feet to a point; thence
South 37°44'55" West, 12.63 feet to a point; thence leaving the western MHW Line of the Cape
Fear River in a westerly direction North 75°31'41" West, 237.03 feet to a concrete monument
found; thence running along the same line North 75°31'41" West, 238.99 feet to an existing iron
pin in the eastern right-of-way of NCSR 1300 and the beginning of a non -tangent curve concave
easterly, said curve has a radius of 1,919.00 feet, to which a radial line bears North 22°21'20"
East; thence northerly along said curve through a central angle of 6°48'21" an arc distance of
227.95 feet to an existing iron pin; thence continuing along said right-of-way North 25°45'31"
East, 270.17 feet to a new iron pin, said iron pin being the point of beginning.
Containing 213,463 square feet, more or less [4.90 Acres].
TRACT 2 0390000901 WEST NCSR 1300
Commencing at NIP7, a new iron rebar set in the eastern 60' public right-of-way of NCSR No.
1300 (NE Battleship Road) a property corner lying in the division line between Tract 1 and Tract
2 as referenced in the New Hanover County Registry within Deed Book 5824 Page 1509 and the
Brunswick County registry within Deed Book 3904 Page 700 and having localized ground
coordinates in U.S. survey feet of Northing 176,921.572 Easting 2,316,292.427 based upon
North Carolina FIP3200 state plane coordinates for survey localization point NGS monument
"V215" lying at a localized ground distance of 2861.30 from NIP7; thence North 75°03'06"
West, 61.08 feet to an existing iron rod lying along the western Right -of -Way NCSR 1300, said
point being The Point of Beginning; thence running along the western Right -of -Way NCSR 1300
in a southerly direction South 25°45'31" West, 258.71 feet to an existing iron pin being the
beginning of a curve concave westerly, said curve has a radius of 1,979.00 feet; thence southerly
along said curve through a central angle of 6°56'47" an arc distance of 239.93 feet to an existing
iron pin; thence leaving said Right -of -Way in a westerly direction North 75°37'59" West, 474.87
feet to an existing iron rod; thence North 14°35'06" East, 193.73 feet to an existing iron pin;
thence South 75°26'50" East, 300.00 feet to an existing iron rod; thence North 14°33'14" East,
300.00 feet to an existing iron rod (EIR 2); thence South 75°21'55" East, 177.20 feet to an
existing iron rod (EIR 1); thence South 75°03'06" East, 80.09 feet to NIP6, said iron rod being
The Point of Beginning.
Containing 161,867.01 square feet, more or less [3.72 Acres].
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