21007_Hoke Street_PCPkg_20191121

NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY
Site Name: Hoke Street Passage Home
Brownfields Project Number: 21007-17-092
North Carolina's Brownfields Property Reuse Act (the "Act"), North Carolina General Statutes
("NCGS") § 130A-310.30 through 130A-310.40, provides for the safe redevelopment of properties that may
have been or were contaminated by past industrial and commercial activities. One of the Act's
requirements is this Notice of Intent to Redevelop a Brownfields Property approved by the North Carolina
Department of Environmental Quality ("DEQ"). See NCGS § 130A-310.34(a). The Notice of Intent must
provide, to the extent known, a legal description of the location of the brownfields property, a map showing
the location of the Brownfields Property, a description of the contaminants involved and their
concentrations in the media of the Brownfields Property, a description of the intended future use of the
Brownfields Property, any proposed investigation and remediation, and a proposed Notice of Brownfields
Property prepared in accordance with NCGS § 130A-310.35. The party ("Prospective Developer") who
desires to enter into a Brownfields Agreement with DEQ must provide a copy of this Notice to all local
governments having jurisdiction over the Brownfields Property. The proposed Notice of Brownfields
Property for a particular brownfields project is attached hereto; the proposed Brownfields Agreement,
which is attached to the proposed Notice of Brownfields Property as Exhibit A, contains the other required
elements of this Notice. Written public comments may be submitted to DEQ within 30 days after the latest
of the following dates: the date the required summary of this Notice is (1) published in a newspaper of
general circulation serving the area in which the Brownfields Property is located, (2) conspicuously posted
at the Brownfields Property, and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written requests for a public meeting may be submitted to DEQ within 21 days
after the period for written public comments begins. Those periods will start no sooner than 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
21007-17-092/Hoke Street Passage Home/ 15Nov2019
I

SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Site Name: Hoke Street Passage Home
Brownfields Project Number: 21007-17-092
Pursuant to NCGS § 130A-310.34, Hoke Street PH Redevelopment, LLC, as Prospective
Developer, has filed with the North Carolina Department of Environmental Quality ("DEQ") a Notice
of Intent to Redevelop a Brownfields Property ("Property") in Raleigh, Wake County, North Carolina.
The Brownfields Property consists of approximately 3.4 acres and is located at 500 and 506 Hoke Street,
and 1412 Garner Road in Raleigh. Environmental contamination exists on the Brownfields Property in
groundwater, soil, and sub -slab soil vapor. Hoke Street PH Redevelopment, LLC has committed itself
to no uses other than community and economic development activities including community garden,
institutional space, retail, restaurant, office, and associated parking, and subject to DEQ's prior written
approval, high density residential and other commercial uses. The Notice of Intent to Redevelop a
Brownfields Property includes: (1) a proposed Brownfields Agreement between DEQ and Hoke Street
PH Redevelopment, 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 Cameron
Village Regional Library at 1930 Clark Avenue, Raleigh, NC 27605 by contacting Robert Lambert at
that address, at robert.lambert&wakegov.com, or at (919) 8565-6710; 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.ligginskncdenngov, or at [phone]. The full Notice of Intent may also be
viewed online at the DEQ public record database, Laserfiche, by entering the project number 21007-17-
092 into the search bar at the following web address: http:Hedocs.deg.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
Hoke Street Passage Home/21007-17-092/15Nov2019

Property Owner: Hoke Street PH Redevelopment, LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Site Name: Hoke Street Passage Home
Brownfields Project Number: 21007-17-092
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 2019 by Hoke
Street PH Redevelopment, LLC ("Prospective Developer").
This Notice concerns contaminated property.
A copy of this Notice certified by the North Carolina Department of Environmental
Quality ("DEQ") is required to be filed in the Register of Deeds' Office in the county or
counties in which the land is located, pursuant to North Carolina General Statutes
("NCGS"), § 130A-310.35(b).
This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate
the danger to public health or the environment posed by environmental contamination at a
property ("Brownfields Property") being addressed under the Brownfields Property Reuse
Act of 1997, NCGS § 130A, Article 9, Part 5 ("Act").
Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified
copy of this Notice within 15 days of Prospective Developer's receipt of DEQ's approval of
the Notice or Prospective Developer's entry into the Brownfields Agreement required by the
Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the
grantor index under the names of the owners of the land and, if Prospective Developer is not
the owner, also under the Prospective Developer's name.
The Brownfields Property is comprised of three parcels totaling approximately 3.4 acres
located at 500 and 506 Hoke Street and 1412 Garner Road, Raleigh, Wake County. Former uses
of the Brownfields Property have included commercial operations including waste transportation
and cleanup operations, tractor trailer parking, and gardening space. Future uses are for none other
than community and economic development activities, including community garden, institutional
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space, retail, restaurant, office, and associated parking, and subject to DEQ's prior written
approval, high density residential and 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 land use restrictions below have been excerpted verbatim from paragraph 15 of
the Brownfields Agreement, and all subparagraph letters/numbers are the same as those
used in the Brownfields Agreement. The following land use restrictions are hereby imposed
on the Brownfields Property:
a. No use may be made of the Brownfields Property other than for community and
economic development activities, including community garden, institutional space, retail,
restaurant, office, and associated parking uses, and subject to DEQ's written approval,
high density residential or other commercial uses. For purposes of this restriction, the
following definitions apply:
i. "Community Garden" is defined as use of shared land to grow vegetables,
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flowers or other crops. Any such garden shall not disturb native soil at the Brownfields
Property and must be located within the "Community Garden Approved" area depicted
on the plat component of the Notice referenced below in paragraph 20, in constructed
raised beds, unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ.
ii. "Economic development" is defined as a process by which the economic
well-being and quality of life of a region or local community are improved.
iii. Institutional Space" is defined as the use of land, buildings or structures
for public, non-profit or quasi -public purposes, such as libraries, community centers, post-
secondary education facilities, or health care facilities, and if in compliance with
subparagraphs 15.h. and 15J. below, pre-schools, primary, middle, and secondary schools.
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, and the sales of food and beverage products. However, for purposes of this
agreement, retail excludes use as a dry cleaner using chlorinated solvents.
V. "Restaurant" is defined as a commercial business establishment that
prepares and serves food and beverages to patrons.
vi. "Office" is defined as the provision of business or professional services.
vii. "Parking" is defined as the temporary accommodation of motor vehicles
in an area designed for same.
viii. "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 (e.g., privately -owned courtyards are prohibited), and may include related
amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and
parking garages. Single family homes are prohibited; townhomes, duplexes or other units
with yards are prohibited unless approved in writing by DEQ in advance.
ix. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee. However, for purposes of this agreement,
commercial excludes use as a dry cleaner using chlorinated solvents.
b. Physical redevelopment of the Brownfields Property may not occur other than in
accord, as determined by DEQ, with an Environmental Management Plan ("EMP")
approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to
each subsequent redevelopment phase) that is consistent with all the other land use
restrictions and describes redevelopment activities at the Brownfields Property, the timing
of redevelopment phases, and addresses health, safety and environmental issues that may
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arise from use of the Brownfields Property during construction or redevelopment in any
other form, including without limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in Exhibit
2 to this Agreement, and any contamination discovered during additional assessment that
fulfills one or more of the land use restrictions in this paragraph 15 of this Agreement;
iii. contingency plans for addressing, including without limitation the testing
of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators, soil
contamination); and
iv. plans for the proper characterization of, and as necessary, disposal of
contaminated soils excavated during redevelopment.
c. Within 90 days after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues
(except that the final deadline shall fall 90 days after the conclusion of physical
redevelopment), the then owner of the Brownfields Property shall provide DEQ a report
subject to written DEQ approval on environment -related activities since the last report,
with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with Section V:
Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and laboratory
analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater or other materials
suspected or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated materials
(for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
d. Unless compliance with this Land Use Restriction is waived in writing in advance
by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice
referenced in paragraph 20 below shall be in accordance with applicable legal
requirements, including without limitation those related to lead and asbestos abatement
that are administered by the Health Hazards Control Unit within the Division of Public
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Health of the North Carolina Department of Health and Human Services.
e. Groundwater at the Brownfields Property may not be used for any purpose
without prior written approval of DEQ.
f. No activity that disturbs soil on the Brownfields Property, may occur unless and
until DEQ states in writing, in advance of the proposed activity, that said activity may
occur if carried out along with any measures DEQ deems necessary to ensure the
Brownfields Property will be suitable for the uses specified in subparagraph 15.a. above
while fully protecting public health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;ii.
mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email)
of any such repair, or in emergency circumstances no later than the next business day, and
that any related assessment and remedial measures required by DEQ shall be taken and;
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined above in subparagraph 15.b.
g. New or existing building foundation structures and asphalt parking lot areas that
are functioning as caps must be maintained in good condition to prevent direct exposure to
underlying soil and shall not be removed unless said buildings or caps are removed in
preparation for redevelopment, and then said removal may take place only in accordance
with an approved EMP as required by subparagraph 15.b. above.
h. The Brownfields Property may not be used as a playground, or for child care
centers or schools, except in areas where 12 inches of demonstrated clean compacted fill, or
another cover approved in writing in advance by DEQ, are installed to DEQ's written
satisfaction, and then delineated to DEQ's written satisfaction as "Demonstrated Clean Fill
Area Suitable for `Playground,' `Child Care Center' or `School"' areas on a revised plat
component of the Notice referenced below in paragraph 20, and are maintained and left
undisturbed other than through normal playground, child care center or school use.
i. Soil may not be removed from, or brought onto, the Brownfields Property without
prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ, unless
conducted in accordance with an approved EMP as outlined above in Paragraph 15.b.
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:
i. the building is or would be protective of the building's users, public health
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and the environment from risk of vapor intrusion based on site assessment data or a site -
specific risk assessment approved in writing by DEQ;
ii. the building is or would be sufficiently distant from the Brownfields
Property's groundwater and/or soil contamination based on assessment data approved in
writing by DEQ that the building's users, public health and the environment will be
protected from risk from vapor intrusion related to said contamination; or
iii. vapor intrusion mitigation measures are installed and/or implemented to
the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said
engineer's professional seal on a report that includes photographs and a description of the
installation and performance of said measures. Any design specification for vapor
intrusion mitigation measures shall be approved in writing by DEQ in advance of
installation and/or implementation of said measures. The design specifications shall
include methodology(ies) for demonstrating performance of said measures.
k. 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.
1. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: "This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Wake County
land records, Book , Page ." A copy of any such instrument shall be sent to the
persons listed in Section XV (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said
redactions comply with the confidentiality and trade secret provisions of the North
Carolina Public Records Law. The owner may use the following mechanisms to comply
with the obligations of this paragraph: (i) If every lease and rider is identical in form, the
owner conveying an interest may provide DEQ with copies of a form lease or rider
evidencing compliance with this paragraph, in lieu of sending copies of actual, executed
leases, to the persons listed in Section XV (Notice and Submissions); or (ii) The owner
conveying an interest may provide abstracts of leases, rather than full copies of said leases,
to the persons listed in Section XV.
m. None of the contaminants known to be present in the environmental media at the
Brownfields Property, as described in Exhibit 2 to 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;
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ii. as constituents of products and materials customarily used and stored in
community garden, economic development, institutional space, retail, restaurant, office,
associated parking, and subject to DEQ's written approval, high density residential and
commercial use environments, provided such products and materials are stored in original
retail packaging and used and disposed of in accordance with applicable laws; or
iii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on -board tanks integral to said equipment or in
flammable liquid storage containers totaling no more than 25 gallons.
n. Within 60 days after the effective date of this Agreement or prior to land
disturbance activities, Prospective Developer shall abandon all monitoring wells, injection
wells, recovery wells, piezometers and other man-made points of groundwater access at the
Brownfields Property, except for monitoring well MW-2, in accordance with Subchapter
2C of Title 15A of the North Carolina Administrative Code, unless an alternate schedule is
approved by DEQ. Within 30 days after doing so, the Prospective Developer shall provide
DEQ a report, setting forth the procedures and results.
o. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its
contractors, or its tenants shall be responsible for repair of any such wells to DEQ's written
satisfaction and within a time period acceptable to DEQ, unless compliance with this Land
Use Restriction is waived in writing by DEQ in advance.
p. During January of each year after the year in which the Notice referenced below
in paragraph 20 is recorded, the owner of any part of the Brownfields Property as of
January 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 Wake County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these
land use restrictions remains recorded at the Wake County Register of Deeds office and
that the land use restrictions are being complied with. The submitted LURU shall state the
following:
i. the name, mailing address, telephone and facsimile numbers, and contact
person's e-mail address of the owner submitting the LURU if said owner acquired any part
of the Brownfields Property during the previous calendar year;
ii. the transferee's name, mailing address, telephone and facsimile numbers,
and contact person's e-mail address, if said owner transferred any part of the Brownfields
Property during the previous calendar year;
iv. whether soil caps (hardscape materials, clean soil, stone) and landscaping
required by subparagraphs 15.g. and 15.h. above are being inspected and maintained to
prevent erosion and/or human exposure to contaminated soil or other media; and
v. whether any vapor barrier and/or mitigation systems installed pursuant to
subparagraph 15.j. 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
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changed, and, if so, how.
q. A LURU submitted for rental units shall include the rent roll and enough of each
lease entered into during the previous calendar year to demonstrate compliance with lessee
notification requirements in paragraphs 21 and 22 of this agreement, below, provided that
if standard form leases are used in every instance, a copy of such standard form lease may
be sent in lieu of copies of actual leases.
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.
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.
LM
NORTH CAROLINA
COUNTY
Hoke Street PH Redevelopment, LLC
Seth Friedman
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:
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51
APPROVAL AND CERTIFICATION OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
The foregoing Notice of Brownfields Property is hereby approved and certified.
North Carolina Department of Environmental Quality
Ellen Lorscheider Date
Deputy Director, Division of Waste Management
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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: Hoke Street PH Redevelopment, LLC
UNDER THE AUTHORITY OF THE
BROWNFIELDS PROPERTY REUSE ACT
OF 1997, NCGS § 130A-310.30, et SeMc .
Brownfields Project #21007-17-092
L INTRODUCTION
BROWNFIELDS AGREEMENT re:
Hoke Street Passage Home
500 &506 Hoke Street &
1412 Garner Road
Raleigh, Wake County
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and Hoke Street PH Redevelopment, LLC
(collectively the "Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS §
130A-310.30, et seq. (the "Act") for the property located at 500 and 506 Hoke Street and 1412
Garner Road (the "Brownfields Property"). A map showing the location of the Brownfields
Property that is the subject of this Agreement is attached hereto as Exhibit 1.
The Prospective Developer is Hoke Street PH Redevelopment, LLC. Hoke Street PH
Redevelopment, LLC is a North Carolina manager -managed limited liability company, with its
principal office located at 513 Branch Street, Raleigh, NC 27601. Its manager is Seth Friedman
whose office is also located at 513 Branch Street, Raleigh NC 27601. Hoke Street PH
Redevelopment, LLC is a wholly owned subsidiary of Passage Home, Inc., a 501(c)(3) non-
profit corporation. The proposed reuse of the Brownfields Property is for none other than
community and economic development activities including community garden, institutional
space, retail, restaurant, office, and associated parking, and subject to DEQ's prior written
approval, high density residential and other commercial uses.
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The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section VIII (Certification), Section IX (DEQ's Covenant Not to Sue
and Reservation of Rights) and Section X (Prospective Developer's Covenant Not to Sue), the
potential liability of Hoke Street PH Redevelopment, LLC for contaminants at the Brownfields
Property.
The Parties agree that Hoke Street PH Redevelopment, LLC's entry into this Agreement,
and the actions undertaken by Hoke Street PH Redevelopment, LLC in accordance with the
Agreement, do not constitute an admission of any liability by Hoke Street PH Redevelopment,
LLC for contaminants at the Brownfields Property. The resolution of this potential liability, in
exchange for the benefit Hoke Street PH Redevelopment, LLC shall provide to DEQ, is in the
public interest.
IL 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 Hoke Street PH Redevelopment, LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property is located in a mixed commercial and residential area of
2
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southeast Raleigh and comprises three parcels totaling 3.4 acres including Wake County PIN
1703828886 (500 Hoke Street; 0.56 acres), PIN 1703920846 (506 Hoke Street; 0.54 acres), and
PIN 1703920658 (1412 Garner Road; 2.3 acres).
4. The Brownfields Property is bordered to the north by Hoke Street with residences
beyond; to the east by a commercial property occupied by a convenience mart and Nelson's
Tires Service, and Garner Road with residences beyond; to the south by vacant land currently
owned by Mount Peace Baptist Church, but formerly operated as a truck and tractor sales and
service facility location; and to the west and southwest by commercial operations including
Carolina Janitorial & Maintenance and the Slingshot Coffee Company. The Slingshot Coffee
Company is located in the building that was formerly the site of an Ashland Chemical
Distribution Facility (Ashland Raleigh; North Carolina Hazardous Waste Section EPA ID:
NCD088560032).
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
Initial Notification
NC Department of
Environment and Natural
Resources (DENR)
December 16, 2003
Transporter Inspection Report
DENR
January 26, 2004
Notice of Violation
DENR
January 28, 2004
Transporter Inspection Report
DENR
February 9, 2004
Notice of Violation
DENR
March 2, 2004
RCRA Subtitle C Site Identification
Form
Nyetech Environmental
Solutions
March 25, 2004
Hoke Street BFA/21007-17-092/21Nov2019

Title
Prepared by
Date of Report
Notice of Violation G.S. 143.21.75
Nyetech Environmental
April 14, 2004
et seq.
Solutions
Case Development Inspection Form
DENR
September 13, 2004
Case Development Inspection Form
DENR
September 16, 2004
Short Form Compliance Order with
DENR
November 17, 2004
Administrative Penalties
Short Form Compliance Order with
Nyetech New York
Administrative Penalties
Environmental Technologies
February 16, 2005
Inc.
Nyetech New York
Notice of Closed Facility
Environmental Technologies
August 23, 2005
Inc.
Subsequent Notification
DENR
February 10, 2005
Record of Communication
DENR
January 26, 2007
Phase I Environmental Site
Proctor Environmental
June 31, 2016
Assessment
Services, Inc.
Revised Limited Phase II
Proctor Environmental
May 17, 2017
Environmental Site Assessment
Services, Inc.
Vapor Intrusion Soil Gas Sampling
RDH Environmental
January 8, 2018
Report
Consulting
Surficial Soil Testing Report
Aptus Management, PLLC
May 31, 2018
Vapor Intrusion Indoor Air Testing
Aptus Management, PLLC
June 26, 2018
Report
6. For purposes of this Agreement, DEQ relies on the following representations by
Prospective Developer and DWM files as to use and ownership of the Brownfields Property:
a. The Brownfields Property was developed prior to 1938 with a residential
structure that was demolished in the 1940s. The remaining portions of the Brownfields Property
were comprised predominantly of cleared land from 1938 until the 1948. The current onsite
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building located on the northwestern portion of the Brownfields Property at 500 Hoke Street was
constructed in 1948 and contained a warehouse, office, and concrete loading dock. In the 1960s
the structure was expanded to approximately 14,490 square feet with the addition of an
additional warehouse. From 1948 until 2013, site history information indicates the Brownfields
Property was utilized for commercial operations including air conditioning equipment companies
(1950s-1960s), appliance warehouse and wholesale beer and wine distributor (1970s),
commercial plastics company (1980s-1990s), and a waste management operation that conducted
waste transportation and cleanup operations (approximately 2003-2004). Tractor trailer parking
by Raleigh Tractor and Equipment was also allowed on the eastern half of the 1412 Garner Road
parcel on the Brownfields Property. Raleigh Tractor and Equipment occupied a portion of the
Brownfields Property and other adjoining property to the south for decades. From 2013 until
2016, prior to the Brownfields Property entering the Brownfields Program, the Inter -Faith Food
Shuttle leased the Brownfields Property as an agriculture training center. Inter -Faith Food
Shuttle used portions of 1412 Garner Road and 506 Hoke Street parcels for gardening and
produce harvesting.
b. The three parcels comprising the Brownfields Property were owned by Raleigh
Tractor & Equipment Company prior to March 15, 1947. The ownership history for these parcels
includes multiple transfers of ownership, including some of the same parties for the different
parcels. The parcel addressed as 500 Hoke Street (PIN 1703828886) was sold by Raleigh
Tractor & Equipment to First Colony Distributors Inc. and Fletcher Associates Inc. (April 27,
1951), then to subsequent owners A. E. & H. M. Shaw Finley, (May 26, 1952), Carolina Ceramic
Tile Industries (December 12, 1952), Isenhour, Forster, and Sparks (August 1, 1953), Isenhour
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(May 31, 1954 and June 18, 1954), Helene Richards (December 17, 1954), John and Ruth
Alexander (December 31, 1960), John Alexander Heirs (June 10, 2000), John Alexander Jr.
(October 31, 2002), McKnitt & Associates LLC (January 31, 2003), and the Prospective
Developer (February 01, 2017).
c. The parcel located at 506 Hoke Street (PIN 1703920846) was purchased from
Raleigh Tractor & Equipment Company by NC Products Corporation on August 14, 1953. The
subsequent ownership history for this parcel includes John Alexander and wife, A.E. & H.M.
Shaw Finley (December 31, 1955), John Alexander Heirs (June 10, 2000), John Alexander, Jr.
(October 21, 2002), McKnitt & Associates LLC (January 31, 2003), and the Prospective
Developer (February 01, 2017).
d. The parcel located at 1412 Garner Road (PIN 1703920658) was purchased
from Raleigh Tractor Equipment Company by Aldredge & Co Inc., and Fletcher and Associates
Inc. (April 27, 1951), with subsequent owners being John Alexander and wife, and A.E. & H.M.
Shaw Finley (December 31, 1955), John Alexander, Jr. Trustee (March 15, 2000), Catherine
Alexander Wilson, and Mountain Rest Properties LLC, and the Prospective Developer (February
01, 2017).
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. Portions of the Brownfields Property, specifically PIN 1703828886 (500 Hoke
Street) and portions of PIN 1703920846 (506 Hoke Street) and 1703920658 (1412 Garner Road)
were regulated under the DWM Hazardous Waste Section (EPA ID No. NCR000138941). The
EPA ID No. NCR000138941 was assigned when Nyetech of North Carolina, Inc. and later
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Nyetech Environmental Solutions (Nyetech), were identified as operating a waste treatment
facility on the 500 Hoke Street parcel and the western portion of the 1412 Garner Road parcel.
The Nyetech facility was identified as a hazardous waste transporter and contained a 10-day
storage area inside the building located at 500 Hoke Street, a roll -off container and tank storage
area, a mixing area, and a mixing agent stockpile on the portion of the Brownfields Property
behind the building on the 1412 Garner Road parcel.
b. On January 21-24, 2004, personnel from DEQ's predecessor agency, the State of
North Carolina Department of the Environment and Natural Resources (DENR) conducted site
visits to the Nyetech facility in response to an oil spill complaint. DENR personnel observed
releases of waste and hydraulic oils that had previously been collected from oil/water separators
surrounding several roll -off containers. The releases were stated to be due to improper mixing of
these waste fluids with sawdust and soil that was allowed to settle in and drain from these
containers, resulted in releases to the ground. The releases were estimated to impact about 60
percent of the area in the back lot. Documentation indicates there were up to 12 containers stored
on the Brownfields Property, with at least seven observed to be filled with contaminated soil, of
which at least three were leaking onto the ground. Releases of waste oils, dyes and inks were also
observed in a mixing pit area at the rear and south end of the back lot. Based on Nyetech's
information, these conditions had dated back to July of 2003.
c. On January 24, 2004, soil samples were collected by DENR's Division of
Water Quality, Groundwater Section personnel, which were submitted for laboratory analysis for
select metals, oil and grease, and semi-volatiles. Benzo(a)anthracene, benzo(b)fluoranthene,
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benzo(a)pyrene, and indeno(1,2,3-cd)pyrene were detected in soil samples at concentrations in
excess of the Residential Preliminary Soil Remediation Goals (February 2018 version).
d. On January 23, 2004, DENR's Hazardous Waste Section, Compliance Branch,
issued a Notice of Violation (NOV) (Docket #2004-082) to Nyetech of NC, Inc. This NOV
included the following violations: releases of waste from onsite roll -off containers to the
environment, failure to mark containers appropriately, and storage of hazardous waste in excess
of the 10-day limit allowed for transporters. The NOV required compliance by February 2, 2004,
when a second inspection would take place. A Transporter Inspection Report conducted by
DENR Hazardous Waste Section inspectors dated January 23, 2004 indicates that 1) the facility's
10-day storage area was located inside the building and at the time of inspection, three 55-gallon
drums and a large amount of non -hazardous waste was present in the building; 2) empty
containers and an unlabeled and open tub of used oil were observed on the side loading dock; 3)
in the back lot, seven roll -off containers of contaminated soil and non -hazardous waste were
noted and were observed to be leaking used oil and in one case, waste ink; and 4) non -hazardous
wastewater was stored in four separate containers on the back lot (2-1550 gallon containers, 1-
275 gallon tote, and 1-250 gallon container.
e. On March 1, 2004, DENR staff conducted a second inspection and noted that
the free product and contaminated soil had been removed from the Brownfields Property and
disposed of at Earthtec of Sanford.
f. On March 2, 2004, a NOV was issued to Nyetech citing the unlawful discharge
of oil, failure to immediately collect and remove the discharge, and failure to immediately notify
DENR of the discharge.
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g. On April 14, 2004, Nyetech Environmental Solutions responded to the March
2, 2004 NOV by indicating that shortly after the first inspection, the material in the roll -off
containers had been emptied, the containers cleaned, and that the impacted soil had been
excavated down to one foot below grade generating 176.21 tons of soil, which was transported
offsite for disposal at ES&J Enterprises, Inc. in Autryville, NC. Confirmatory soil samples were
collected on February 24, 2004 and March 1, 2004, and were submitted for laboratory analysis of
metals, volatile organic compounds (VOCs), and semi -volatile organic compounds (SVOCs).
Results identified detections of arsenic, benzo(a)anthracene, benzo(b)fluoranthene,
benzo(a)pyrene, and indeno(1,2,3-cd)pyrene at concentrations in excess of the current
Residential Preliminary Soil Remediation Goals (February 2018 version).
h. Nyetech of North Carolina Inc. was dissolved as a corporation as noted by
records filed with the North Carolina Secretary of State on April 7, 2004. On November 17,
2004, a Short Form Compliance Order with Administrative Penalties (Docket #2004-203) was
sent to Nyetech of North Carolina, Inc. On January 26, 2007, the DENR Hazardous Waste
Section closed the Short Form Compliance Order and the administrative penalty for the subject
facility.
i. An apparent fuel dispenser pad was observed adjacent to the northeast corner
of the building on the Brownfields Property. Additionally, a former owner indicated an
underground storage tank was removed from the Brownfields Property approximately 50 years
ago; however, documentation regarding the underground storage tank's construction, contents or
removal is not available. Assessment activities conducted in 2016, which included advancing soil
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borings in the suspect UST and dispenser pad area, did not find evidence of a UST remaining in
the ground nor visual or olfactory evidence of soil contamination in that area.
j. Further environmental assessments were completed in 2016 before the
Prospective Developer purchased the Brownfields Property as part of their pre -closing due
diligence, and in 2017 and 2018 after the Prospective Developer acquired the Brownfields
Property. This assessment work included groundwater, soil, sub -slab vapor, and indoor air
quality sampling. In 2016, two temporary and six permanent groundwater wells were installed
and sampled. In the groundwater samples from four out of the eight wells, chromium, lead,
and/or certain chlorinated solvents were detected above their applicable North Carolina 2L
groundwater quality standard. In 2016, a total of 18 soil samples were collected at the
Brownfields Property. An additional 10 soil samples were collected in 2018. The results show
no VOCs, SVOCs, or metals, except for arsenic, were detected in soil at the Brownfields
Property above their respective DEQ residential site screening level. Arsenic was detected above
its DEQ residential site screening level at concentrations that appear to be consistent with
naturally occurring arsenic levels. There is no known source of arsenic release at the
Brownfields Property. In the case of certain chlorinated solvents in groundwater, some were
detected above their respective NC Division vapor intrusion screening levels. One sub -slab
vapor sample collected from below the base of the existing building at the Brownfields Property
exhibited a concentration of tetrachloroethylene in exceedance of its residential screening level,
although it was not detected in the one round of indoor air samples collected in May 2018.
Indoor air samples taken in May 2018 exhibit concentrations of carbon tetrachloride and
naphthalene at or above their respective NC Division vapor intrusion screening levels.
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Consistent with NC Division Vapor Intrusion Guidelines, additional sampling for seasonal
variation may be necessary to confirm these results.
k. A variety of commercial operations have been historically and currently are
located within the vicinity of the Brownfields Property. Historic documentation indicates the
operations conducted in the site vicinity on the offsite properties at 1402 and 1420 Garner Road
may have used portions of the Brownfields Property for parking of vehicles or tractor -trailers.
The 1402 Garner Road property, located at the intersection of Hoke Street and Garner Road, was
historically used as a filling station (1960s-1970s), wrecker service (1980s), and automotive
repair or tire shop (2008 until current). The 1420 Garner Road property, located immediately
south of the Brownfields Property along Garner Road, has been used as a truck and tractor sales
and service facility from the 1940s until the mid-2000s, when the structures were demolished by
the City of Raleigh and the property was left vacant. Prior to 1954, the 1420 Garner Road
property was owned by Raleigh Tractor Equipment Company, an entity that also historically
owned a portion of the Brownfields Property. It is currently owned by Mount Peace Baptist
Church. The former Ashland Chemical distribution facility is located across the abandoned rail
spur immediately southwest of the Brownfields Property at 1415 S. Bloodworth Street (EPA ID
No. NCD088560032). Historic releases from this facility have caused a significant groundwater
plume containing chlorinated solvents, including tetrachloroethylene, and other volatile organic
compounds (VOCs) that has migrated offsite primarily to the south-southeast. This release
continues to be under the regulatory jurisdiction of the NC DEQ Hazardous Waste Section.
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on May 8, 2018. The tables set forth in Exhibit 2 to this
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Agreement show 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 February 10, 2017 and a
revised BPA dated February 23, 2017, and on February 01, 2017, Prospective Developer
purchased the Brownfields Property and commenced minor renovations to the existing building
in 2018.
10. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
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d. Prospective Developer has or can obtain the financial, managerial and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
11. Prospective Developer has paid to DEQ the $2,000 fee to seek a brownfields
agreement required by NCGS § 130A-310.39(a)(1), and shall make a payment to DEQ of $6,000
at the time Prospective Developer and DEQ enter into this Agreement, defined for this purpose
as occurring no later than the last day of the public comment period related to this Agreement.
The Parties agree that such fees will suffice as the $2,000 fee to seek a brownfields agreement
required by NCGS § 130A-310.39(a)(1), and, within the meaning of NCGS § 130A-
310.39(a)(2), the full cost to DEQ and the North Carolina Department of Justice of all activities
related to this Agreement, unless a change is sought to a Brownfields document after it is in
effect, in which case there shall be an additional fee of at least $1,000.
IV. BENEFIT TO COMMUNITY
12. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. a return to productive use of the Brownfields Property, and an elimination of
the drawbacks of unoccupied property;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of approximately 50 temporary construction and an estimated five
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or more permanent jobs;
d. an increase in tax revenue for affected jurisdictions;
e. additional community and economic development activities, including
community garden, educational, retail, restaurant, office, and parking space for the area;
f. "smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe ("greenfields").
V. WORK TO BE PERFORMED
13. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) areas incorporated into the U.S. Green Building Council Leadership in Energy
and Environmental Design certification program (Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Locations & Linkages,
Awareness & Education, Innovation in Design and Regional Priority), or a similar program.
14. Based on the information in the Environmental Reports, and subject to imposition of
and compliance with the land use restrictions set forth below, and subject to Section IX of this
Agreement (DEQ's Covenant Not to Sue and Reservation of Rights), DEQ is not requiring
Prospective Developer to perform any active remediation at the Brownfields Property other than
remediation that may be required pursuant to a DEQ-approved Environmental Management Plan
(EMP) required by this Section.
15. By way of the Notice of Brownfields Property referenced below in paragraph 20,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
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while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.
a. No use may be made of the Brownfields Property other than for community
and economic development activities, including community garden, institutional space, retail,
restaurant, office, and associated parking uses, and subject to DEQ's written approval, high
density residential or other commercial uses. For purposes of this restriction, the following
definitions apply:
i. "Community Garden" is defined as use of shared land to grow
vegetables, flowers or other crops. Any such garden shall not disturb native soil at the
Brownfields Property and must be located within the "Community Garden Approved" area
depicted on the plat component of the Notice referenced below in paragraph 20, in constructed
raised beds, unless compliance with this Land Use Restriction is waived in writing in advance
by DEQ.
ii. "Economic development" is defined as a process by which the
economic well-being and quality of life of a region or local community are improved.
iii. Institutional Space" is defined as the use of land, buildings or
structures for public, non-profit or quasi -public purposes, such as libraries, community centers,
post -secondary education facilities, or health care facilities, and if in compliance with
subparagraphs 151. and 15 J. below, pre-schools, primary, middle, and secondary schools.
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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 showrooms, personal service,
and the sales of food and beverage products. However, for purposes of this agreement, retail
excludes use as a dry cleaner using chlorinated solvents.
v. "Restaurant" is defined as a commercial business establishment that
prepares and serves food and beverages to patrons.
services.
vi. "Office" is defined as the provision of business or professional
vii. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same.
viii. "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 (e.g., privately -owned
courtyards are prohibited), and may include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages. Single family homes are
prohibited; townhomes, duplexes or other units with yards are prohibited unless approved in
writing by DEQ in advance.
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ix. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee. However, for purposes of this agreement, commercial
excludes use as a dry cleaner using chlorinated solvents.
b. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan ("EMP") approved
in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in
Exhibit 2 to this Agreement, and any contamination discovered during additional assessment that
fulfills one or more of the land use restrictions in this paragraph 15 of this Agreement;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators, soil
contamination); and
iv. plans for the proper characterization of, and as necessary, disposal of
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contaminated soils excavated during redevelopment.
c. Within 90 days after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues (except
that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then
owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval
on environment -related activities since the last report, with a summary and drawings, that
describes:
i. actions taken on the Brownfields Property in accordance with Section
V: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected
or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
d. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
in paragraph 20 below shall be in accordance with applicable legal requirements, including
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without limitation those related to lead and asbestos abatement that are administered by the
Health Hazards Control Unit within the Division of Public Health of the North Carolina
Department of Health and Human Services.
e. Groundwater at the Brownfields Property may not be used for any purpose
without prior written approval of DEQ.
f. No activity that disturbs soil on the Brownfields Property, may occur unless
and until DEQ states in writing, in advance of the proposed activity, that said activity may occur
if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 15.a. above while fully protecting public
health and the environment, except:
inches;
i. in connection with landscape planting to depths not exceeding 24
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken and;
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined above in subparagraph 15.b.
g. New or existing building foundation structures and asphalt parking lot areas
that are functioning as caps must be maintained in good condition to prevent direct exposure to
underlying soil and shall not be removed unless said buildings or caps are removed in
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preparation for redevelopment, and then said removal may take place only in accordance with an
approved EMP as required by subparagraph 15.b. above.
h. The Brownfields Property may not be used as a playground, or for child care
centers or schools, except in areas where 12 inches of demonstrated clean compacted fill, or
another cover approved in writing in advance by DEQ, are installed to DEQ's written
satisfaction, and then delineated to DEQ's written satisfaction as "Demonstrated Clean Fill Area
Suitable for `Playground,' `Child Care Center' or `School"' areas on a revised plat component of
the Notice referenced below in paragraph 20, and are maintained and left undisturbed other than
through normal playground, child care center or school use.
i. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined above in Paragraph 15.b.
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:
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
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from vapor intrusion related to said contamination; or
iii. vapor intrusion mitigation measures are installed and/or implemented
to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said
engineer's professional seal on a report that includes photographs and a description of the
installation and performance of said measures. Any design specification for vapor intrusion
mitigation measures shall be approved in writing by DEQ in advance of installation and/or
implementation of said measures. The design specifications shall include methodology(ies) for
demonstrating performance of said measures.
k. 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.
1. Any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: "This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Wake
County land records, Book , Page ." A copy of any such instrument shall be sent to the
persons listed in Section XV (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said redactions
comply with the confidentiality and trade secret provisions of the North Carolina Public Records
Law. The owner may use the following mechanisms to comply with the obligations of this
paragraph: (i) If every lease and rider is identical in form, the owner conveying an interest may
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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.
m. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 to this Agreement and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as constituents of products and materials customarily used and stored in
community garden, economic development, institutional space, retail, restaurant, office,
associated parking, and subject to DEQ's written approval, high density residential and
commercial use environments, provided such products and materials are stored in original retail
packaging and used and disposed of in accordance with applicable laws; or
iii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on -board tanks integral to said equipment or in flammable
liquid storage containers totaling no more than 25 gallons.
n. Within 60 days after the effective date of this Agreement or prior to land
disturbance activities, Prospective Developer shall abandon all monitoring wells, injection wells,
recovery wells, piezometers and other man-made points of groundwater access at the
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Brownfields Property, except for monitoring well MW-2, in accordance with Subchapter 2C of
Title 15A of the North Carolina Administrative Code, unless an alternate schedule is approved
by DEQ. Within 30 days after doing so, the Prospective Developer shall provide DEQ a report,
setting forth the procedures and results.
o. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants shall be responsible for repair of any such wells to DEQ's written satisfaction and
within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance.
p. During January of each year after the year in which the Notice referenced
below in paragraph 20 is recorded, the owner of any part of the Brownfields Property as of
January 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of Wake County, certifying that,
as of said January 1 st, the Notice of Brownfields Property containing these land use restrictions
remains recorded at the Wake County Register of Deeds office and that the land use restrictions
are being complied with. The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact
person's e-mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year;
ii. the transferee's name, mailing address, telephone and facsimile
numbers, and contact person's e-mail address, if said owner transferred any part of the
Brownfields Property during the previous calendar year;
23
Hoke Street BFA/21007-17-092/21Nov2019

iv. whether soil caps (hardscape materials, clean soil, stone) and
landscaping required by subparagraphs 15.g. and 15.h. above are being inspected and maintained
to prevent erosion and/or human exposure to contaminated soil or other media; and
v. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 15.j. 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.
q. A LURU submitted for rental units shall include the rent roll and enough of
each lease entered into during the previous calendar year to demonstrate compliance with lessee
notification requirements in paragraphs 21 and 22 of this agreement, below, provided that if
standard form leases are used in every instance, a copy of such standard form lease may be sent
in lieu of copies of actual leases.
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.
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
24
Hoke Street BFA/21007-17-092/21Nov2019

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.k. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
20. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property for the Brownfields Property containing, inter alia, the land use restrictions set forth in
25
Hoke Street BFA/21007-17-092/21Nov2019

Section V (Work to Be Performed) of this Agreement and a survey plat of the Brownfields
Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date of this
Agreement, Prospective Developer shall file the Notice of Brownfields Property in the Wake
County, North Carolina, Register of Deeds' Office. Within three (3) days thereafter, Prospective
Developer shall furnish DEQ a copy of the documentary component of the Notice containing a
certification by the register of deeds as to the Book and Page numbers where both the
documentary and plat components of the Notice are recorded, and a copy of the plat with
notations indicating its recordation.
21. This Agreement shall be attached as Exhibit A to the Notice of Brownfields
Property. Subsequent to recordation of said Notice, any deed or other instrument conveying an
interest in the Brownfields Property shall contain the following notice: "This property is subject
to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property
recorded in the Wake County land records, Book , Page ." A copy of any such
instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though
financial figures and other confidential information related to the conveyance may be redacted to
the extent said redactions comply with the confidentiality and trade secret provisions of the
North Carolina Public Records Law. Prospective Developer may use the following mechanisms
to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form,
Prospective Developer may provide DEQ with copies of a form lease or rider evidencing
compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XV (Notices and Submissions); or (ii) Prospective Developer may
provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section
26
Hoke Street BFA/21007-17-092/21Nov2019

MY
22. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
VII. DUE CARE/COOPERATION
23. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in paragraph 35.a. below of
any such required notification.
VIIL 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 10, 2017, and by the Amended
27
Hoke Street BFA/21007-17-092/21Nov2019

Brownfields Property Application dated February 23, 2017, by which it applied for this
Agreement. That use is for community garden, institutional space, retail, restaurant, office, and
associated parking, and subject to DEQ's written approval, high density residential and
commercial uses. Prospective Developer also certifies that to the best of its knowledge and
belief it has fully and accurately disclosed to DEQ all information known to Prospective
Developer and all information in the possession or control of its officers, directors, employees,
contractors and agents which relates in any way to any past use of regulated substances or known
contaminants at the Brownfields Property and to its qualification for this Agreement, including
the requirement that it not have caused or contributed to the contamination at the Brownfields
Property.
IX. 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
28
Hoke Street BFA/21007-17-092/21Nov2019

Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
29
Hoke Street BFA/21007-17-092/21Nov2019

Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
26. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
27. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et sue.
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.
30
Hoke Street BFA/21007-17-092/21Nov2019

XI. PARTIES BOUND
30. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party's signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XII. DISCLAIMER
31. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer's duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
32. Except for the land use restrictions set forth in paragraph 15.a. 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
31
Hoke Street BFA/21007-17-092/21Nov2019

subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XIV. PAYMENT OF ENFORCEMENT COSTS
34. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section V (Work to be Performed), it shall be
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
32
Hoke Street BFA/21007-17-092/21Nov2019

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:
Sarah Hardison Young (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:
Seth Friedman
Hoke Street PH Redevelopment, LLC
513 Branch Street
Raleigh, NC, 27601
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.
33
Hoke Street 13FA/21007-17-092/21Nov2O19

XVIL TERMINATION OF CERTAIN PROVISIONS
37. If any Party believes that any or all of the obligations under Section VI
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XVIII. CONTRIBUTION PROTECTION
38. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
39. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
40. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
34
Hoke Street BFA/21007-17-092/21Nov2019

XIX. PUBLIC COMMENT
41. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.
IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Ellen Lorscheider Date
Deputy Director, Division of Waste Management
IT IS SO AGREED:
Hoke Street PH Redevelopment, LLC
By:
Seth Friedman
Manager
Date
35
Hoke Street 13FA/21007-17-092/21Nov2019

Exhibit 1 - Site Location Map
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Exhibit 1 — Site Location Man Source: USGS 7.5 Minute Topographic Map South Scale: 1:24,000
r Raleigh, North Carolina Quadrangle 2013
Brownfields Project Site Name: Hoke Street Passage Home
# 21007-17-092 500/506 Hoke St. 1412 Garner Rd.
Raleigh, North Carolina
PIES Project Number: R16-161

Exhibit 2
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)
Carbon Tetrachloride
MW-2
7/28/2016
2.5
0.3
Chromium
MW-1
7/27/2016
19
10
MW-3
7/27/2016
22
10
MW-2
7/28/2016
29
10
Lead
MW-2
7/28/2016
17
15
MW-1
7/27/2016
19
15
MW-3
7/27/2016
84
15
Tetrachloroethylene
TW-1
7/27/2016
0.73
0.7
MW-1
7/27/2016
8
0.7
MW-2
7/28/2016
37
0.7
Trichloroethylene
MW-2
7/28/2016
6
3
GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are derived
from the Residential Vapor Intrusion Screening Levels of the Division of Waste Management
February 2018 version):
Groundwater
Concentration
Residential VI
Contaminant with
Sample
Date of
Exceeding
Screening
Potential for Vapor
Location
Sampling
Screening
Level'
Intrusion
Level (µg/L)
(µg/L)
Tetrachloroethylene
I MW-2
1 7/27/2016
1 37
1 12
Trichloroethylene
MW-2
1 7/27/2016
1 6
11
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-5 lifetime incremental cancer risk.
Hoke Street Passage Home/21007-17-092/19Nov2019

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
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
(mpg)
Residential
Screening
Level'
(mg/kg)
B-1
0-2
3/27/2018
3
B-2
0-2
3/27/2018
1.7
B-3
0-2
3/27/2018
2.5
B-4
0-2
3/27/2018
2.1
B-5
0-2
3/27/2018
3.5
Arsenic2
B-6
0-2
3/27/2018
5
0.68
B-7
0-2
3/27/2018
3.6
B-8
0-2
3/27/2018
1.11
B-9
0-2
3/27/2018
2.1
B-10
0-2
3/27/2018
3.8
2
*0-2
3/1/2004
0.877
3
*0-2
3/1/2004
0.772
delta-BHC
B 14C3
0-2
3/27/2018
0.0019
NE
S-7
1-3
7/29/2016
0.00049
'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.
2Arsenic concentrations appear to be consistent with naturally occurring arsenic in soil.
SSoil sample B1-4C is a composite sample derived from sub -samples of soil from borings B-1, B-2, B-3
and B-4.
NE — No established screening level, C = Composite sample
* Sample depth is estimated
Hoke Street Passage Home/21007-17-092/19Nov2019
2

SUB -SLAB VAPOR
Sub -slab vapor contaminants in micrograms per cubic meter, the screening levels for
which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (February 2018 version):
Sub -Slab Vapor
Concentration
Residential
Contaminant
Sample
Date of
Exceeding
Screening
Location
Sampling
Screening
Level'
Level (µg/ru)
(µg/ru)
Tetrachloroethylene
SS-3
10/17/2017
590
280
Trichlorofluoromethane
SS-3
1 10/17/2017
1 3.8
NE
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
NE — No established screening level
INDOOR AIR
Indoor air contaminants in micrograms per cubic meter, the screening limits for which are
derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (February 2018 version):
Indoor Air
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/ru)
Residential
Screening
Level'
(µg/m3)
Carbon Tetrachloride
A-1 DUP
5/8/2018
0.47
0.47
A-4
5/8/2018
0.47
A-5
5/8/2018
0.48
Naphthalene
A-1
5/8/2018
0.21
0.083
A-1 DUP
5/8/2018
0.19
A-2
5/8/2018
2.4
A-3
5/8/2018
0.19 J
A-4
5/8/2018
0.2 J
A-5
5/8/2018
0.18 J
'Screening limits 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 Tetrachloroethylene although detected in SS-3 in October 2017 at a concentration greater than the vapor
intrusion screening level, was not detected in indoor air in May 2018.
J — Estimated value between the laboratory method detection limit and the reporting limit.
Hoke Street Passage Home/21007-17-092/19Nov2019
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(±39,892 SQ. FT., ±0.916 AC.)
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•B-6
B-5 ,488°30'31"W 487.90'
•31
° SHED
B-9 137 • B-7 • B-8
2
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B-11 FIRST TRACT
LOT #3
B.M. 1946, PG. 87
(±58,910 SQ. FT., ±1.352 AC.)
GENERAL NOTES
1. THIS SURVEY MAP IS INTENDED TO REPRESENT A BROWNFIELD SURVEY OF THE PROPERTY OF HOKE
STREET PH REDEVELOPMENT LLC. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE
REPORT AND THEREFORE ALL ENCUMBRANCES UPON THE PROPERTY MAY NOT BE SHOWN.
2. THE PROPERTY LINES SHOWN HEREON HAVE BEEN CONFIRMED FROM A PARTIAL SURVEY BY STEWART
ENGINEERING. PROPERTY LINES SHOWN TAKEN FROM BOOK OF MAPS 1946, PAGE 87.
3. THE SUBJECT PROPERTY IS ZONED "IX-3" BASED ON WAKE COUNTY GIS.
4. THE SUBJECT PROPERTY LIES IN ZONES X (AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE
AND FUTURE CONDITIONS 1 % ANNUAL CHANCE FLOODPLAIN) BASED ON THE FLOOD INSURANCE RATE MAP
COMMUNITY MAP NUMBER 3720170300J DATED 5/2/06.
5. THE AREAS AND TYPES OF CONTAMINATION DEPICTED HEREON ARE APPROXIMATIONS DERIVED FROM THE
BEST AVAILABLE 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.
6. SEE SHEET 2 FOR LAND USE RESTRICTIONS.
7. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN U.S. SURVEY FEET.
8. AREAS COMPUTED BY COORDINATE GEOMETRY.
N88°30'31 "W 493.93'
N/F
MOUNT PEACE
BAPTIST CHURCH
D.B. 12311, PG. 1214
B.M. 1946, PG. 87
PIN 1703920335
N/F
CHRISTOPHER MOORE
LINDSEY ERIN MOORE &
DEANNE S. MOORE
D.B. 15598, PG. 2161
B.M. 1946, PG. 87
PIN 1703922815
N/F
HOKE STREET PH
REDEVELOPMENT LLC
D.B. 16684, PG. 692
B.M. 1946, PG. 87
PIN 1703828886
1412 GARNER RD.
PARCEL #3
160.22'
S12038'25"E 310.16' (TIE
LEGEND
O EIR
EXISTING IRON ROD
❑ RWM
RIGHT OF WAY MONUMENT
A
COMPUTED POINT
A-1
AIR SAMPLES
B-1
MARCH 2O18 SOIL SAMPLE LOCATIONS
Q MW-1
MONITORING WELL LOCATIONS
TW-1
TEMPORARY WELL LOCATIONS
ASS-3
SOIL GAS SAMPLES
GRAVEL
CONCRETE
DB
DEED BOOK
PG
PAGE
SQ. FT.
SQUARE FEET
AC
ACRE
CLF
CHAIN LINK FENCE
BROWNFIELDS PROPERTY LINE
- — — — —
- INTERIOR PROPERTY LINES
EIP
EXISTING IRON PIPE
NORTH
NAD83(2011)
I
I N/F
RONALD ELLERBE
D.B. 4882, PG, 920
IPIN 1703924829
I
I
N/F
RODERICK HODGE
W D.B. 08-E, PG. 1508
IPIN 1703923894
(.0 C Z
IV 00 I " I
r_
G)
N/F
® Q RICHARD BOCCARD
D.B. 17110, PG. 167
S PIN 1703924778
00
N/F
cw I IQ REAL ESTATE
INVESTING LLC
D.B. 17458, PG. 1622
I PIN 1703924753
O_
o G
w I N/F
N DA REALTY LLC
m I D.B. 17249, PG. 1422
PIN 17039244658
1N .
O'
A Ico
00 <t I CHERESSACLAIRBORNE
> D.B. 11694, PG. 1171
r I PIN 1703924654
I N/F
I RYAN DUVALL
N D.B. 17201, PG. 849
o .
PIN 1703924650
CJ1 I
N/F
I CARLJOHNS
11 D.B679, PG. 1934
I PIN 1703924535
EIR
I
0 20 40 80
SCALE: 1" = 40'
I, C. RYAN DAVENPORT, CERTIFY THAT THIS PLAT WAS DRAWN UNDER
MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY
SUPERVISION (DEED DESCRIPTION RECORDED IN BOOK 16684, PAGE
686-692); THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY
INDICATED AS DRAWN FROM INFORMATION FOUND IN BOOK 15598,
PAGE 2161 AND BOOK 12311, PAGE 1214 ; THAT THE RATIO OF
PRECISION AS CALCULATED IS 1:20,000 ; THAT THIS PLAT WAS
PREPARED IN ACCORDANCE WITH G. S. 47-30 AS AMENDED. WITNESS
MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL THIS 21 ST
DAY OF NOVEMBER, A.D., 2019.
FURTHERMORE, I CERTIFY THAT THE SURVEY IS OF AN EXISTING
PARCEL OR PARCELS OF LAND AND DOES NOT CREATE A NEW STREET
OR CHANGE AN EXISTING STREET.
DocuSigned by:
(.- I&AMA. DAX"JIAVAV� 11/21/2019
C. FWAN AV_NPORT, S, C4707
BA950243039041 B...
STEWART
5410 OLD POOLE RD FIRM LICENSE #: C-1051
RALEIGH, NC 27610 www.stewartinc.com
T 919.380.8750 PROJECT #: G19157
Vicinity Map:
I- L HOKE ST.
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Title:
EXHIBIT B TO THE NOTICE OF
BROWNFIELDS PROPERTY
SURVEY PLAT
HOKE STREET
PASSAGE HOME
BROWNFIELDS PROJECT NUMBER: 21007-17-092
PROPERTY DEVELOPER & PROPERTY OWNER
HOKE STREET PH REDEVELOPMENT, LLC
500 & 506 HOKE ST, 1412 GARNER RD
RALEIGH TOWNSHIP WAKE COUNTY, NC
PINS 1703828886,1703920846,1703920658
Revisions:
No. Date Description
1 11/19/19 LUR UPDATE
2 11/21/19 ADDED SOIL SAMPLE LOCATIONS
Seal:
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Project number: G19157 Sheet:
Date: 10/25/2019
Drawn by: CRD � O
Checked by: CRD

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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 Wake County Register of Deeds' office. 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 paragraph 15 of the Brownfields Agreement, and all
t'P P g P
paragraph letters/numbers are the same as those used in the Brownfields Agreement. The following Land Use Restrictions are hereby imposed on the
Brownfields Property and shall remain in force in perpetuity unless canceled by the Secretary of the North Carolina Department of Environmental Quality (or
its successor in function), or his/her designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e):
a. No use may be made of the Brownfields Property other than for community and economic development activities, including community garden, institutional space,
retail, restaurant, office, and associated parking uses, and subject to DEQ's written approval, high density residential or other commercial uses. For purposes of this
restriction, the following definitions apply:
i. "Community Garden" is defined as use of shared land to grow vegetables, flowers or other crops. Any such garden shall not disturb native soil at the
Brownfields Property and must be located within the "Community Garden Approved" area depicted on the plat component of the Notice referenced below in
paragraph 20, in constructed raised beds, unless compliance with this Land Use Restriction is waived in writing in advance by DEQ.
ii. "Economic development" is defined as a process by which the economic well-being and quality of life of a region or local community are improved.
iii. Institutional Space" is defined as the use of land, buildings or structures for public, non-profit or quasi -public purposes, such as libraries, community
centers, post -secondary education facilities, or health care facilities, and if in compliance with subparagraphs 15.h. and 15.j. below, pre-schools, primary,
middle, and secondary schools.
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, and the sales of food and beverage products. However, for purposes of this agreement, retail excludes use as a dry cleaner using chlorinated solvents.
v. "Restaurant" is defined as a commercial business establishment that prepares and serves food and beverages to patrons.
vi. "Office" is defined as the provision of business or professional services.
vii. "Parking" is defined as the temporary accommodation of motor vehicles in an area designed for same.
viii. "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 (e.g., privately -owned courtyards are prohibited), and may include related amenities, such as pools, clubhouses, courtyards, common
areas, recreation areas and parking garages. Single family homes are prohibited; townhomes, duplexes or other units with yards are prohibited unless approved
in writing by DEQ in advance.
is. "Commercial" is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee. However, for purposes of this agreement,
commercial excludes use as a dry cleaner using chlorinated solvents.
b. Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an Environmental Management Plan ("EMP")
approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land
use restrictions and describes redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental
issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation:
i.. soil and water management issues, including without limitationthose resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in Exhibit 2 to this Agreement, and any contamination discovered during additional
assessment that fulfills one or more of the land use restrictions in this paragraph 15 of this Agreement;
iii, contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators, soil contamination); and
iv. plans for the proper characterization of, and as necessary, disposal of contaminated soils excavated during redevelopment.
c. Within 90 days after each one-year anniversary of the effective date of this Agreement for as long as physical redevelopment of the Brownfields Property continues
(except that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the Brownfields Property shall provide DEQ a report
subject to written DEQ approval on environment -related activities since the last report, with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with Section V: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil, groundwater or other materials
suspected or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property (copies
of all legally required manifests shall be included).
d. Unless compliance with this Land Use Restriction is waived in writing in advance by DEQ in relation to particular buildings, demolition and/or renovation of any or
all buildings on the Brownfields Property depicted on the plat component of the Notice referenced in paragraph 20 below shall be in accordance with applicable legal
requirements, including without limitation those related to lead and asbestos abatement that are administered by the Health Hazards Control Unit within the Division of
Public Health of the North Carolina Department of Health and Human Services.
e. Groundwater at the Brownfields Property may not be used for any purpose without prior written approval of DEQ.
f. No activity that disturbs soil on the Brownfields Property, may occur unless and until DEQ states in writing, in advance of the proposed activity, that said activity may
occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in subparagraph 15 a. above
while fully protecting public health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair (if only by
email) of any such repair, or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required
by DEQ shall be taken and;
iv. in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (ENV) as outlined above in subparagraph 15.b.
g. New or existing building foundation structures and asphalt parking lot areas that are functioning as caps must be maintained in good condition to prevent direct exposure
to underlying soil and shall not be removed unless said buildings or caps are removed in preparation for redevelopment, and then said removal may take place only in
accordance with an approved EMP as required by subparagraph 15.b. above.
Exhibit 2
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 ( /L
Standard
(µg/L)
Carbon Tetrachloride
MW-2
7/28/2016
2.5
0.3
Chromium
MW-1
7/27/2016
19
10
MW-3
7/27/2016
22
10
MW-2
7/28/2016
29
10
Lead
MW-2
7/28/2016
17
15
MW-1
7/27/2016
19
15
MW-3
7/27/2016
84
15
Tetrachloroethylene
TW-1
7/27/2016
0.73
0.7
MW-1
7/27/2016
8
0.7
MW-2
7/28/2016
37
0.7
Trichloroeth lene
MW-2
7/28/2016
6
3
GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are derived
from the Residential Vapor Intrusion Screening Levels of the Division of Waste Management
February 2018 version):
Groundwater
Concentration
Residential VI
Contaminant with
Sample
Date of
Exceeding
Screening
Potential for Vapor
Location
Sampling
Screening
Level
intrusion
Level(µg/L)
(µg/L)
Tetrachloroeth lcne
MW-2
7/27/2016
37
12
Trichloroeth lene
MW-2
7/27/2016
6
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-5 lifetime incremental cancer risk.
Hoke Street Passage Home/21007-17-092/19Nov2019
It. The Brownfields Property may not be used as a playground, or for child care centers or schools, except in areas where 12 inches of demonstrated clean compacted till,
or another cover approved in writing in advance by DEQ, are installed to DEQ's written satisfaction, and then delineated to DEQ's written satisfaction as "Demonstrated
Clean Fill Area Suitable for `Playground,' `Child Care Center' or `School"' areas on a revised plat component of the Notice referenced below in paragraph 20, and are
maintained and left undisturbed other than through normal playground, child care center or school use.
i. Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysts to DEQ's satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined above in Paragraph 15.b.
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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
J 6 Y P Y b b> P P P
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 onsite 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
inwriting by DEQ that the building's users, public health and the environment willbe protected from risk from vapor intrusion related to said contamination;
or
iii. vapor intrusion mitigation measures are installed and/or implemented to the satisfaction of a professional engineer licensed in North Carolina, as evidenced
by said engineer's professional seal on a report that includes photographs and a description of the installation and performance of said measures. Any design
specification for vapor intrusion mitigation measures shall be approved in writing by DEQ in advance of installation and/or implementation of said measures.
The design specifications shall include methodology(ies) for demonstrating performance of said measures.
k. 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 rernediation, which is to be
conducted using reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
1. Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: "This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Wake County land records, Book , Page ." A copy of any such instrument
shall be sent to the persons listed in Section XV (Notices and Submissions), though financial figures and other confidential information related to the conveyance may be
redacted to the extent said redactions comply with the confidentiality and trade secret provisions of the North Carolina Public Records Law. The owner may use the
following mechanisms to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form, the owner conveying an interest may provide
DEQ with copies of a form lease or rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section
XV (Notice and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section
XV.
in. None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in Exhibit 2 to this Agreement and as modified
by DEQ in writing if additional contaminants in excess of applicable standards are discovered at the Brownfields Property, may be used or stored at the Brownfields
Property without the prior written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and maintenance activities;
ii. as constituents of products and materials customarily used and stored in community garden, economic development, institutional space, retail, restaurant,
office, associated parking, and subject to DEQ's written approval, high density residential and commercial use environments, provided such products and
materials are stored in original retail packaging and used and disposed of in accordance with applicable laws; or
iii. as constituents of fuels, lubricants and oils in emergency generators, machinery, equipment and vehicles in on -board tanks integralto said equipment or in
flammable liquid storage containers totaling no more than 25 gallons.
n. Within 60 days after the effective date of this Agreement or prior to land disturbance activities, Prospective Developer shall abandon all monitoring wells, injection
wells, recovery wells, piezometers and other man-made points of groundwater access at the Brownfields Property, except for monitoring well MW-2, in accordance with
Subchapter 2C of Title 15A of the North Carolina Administrative Code unless an alternate schedule is approved b DEQ. Within 30 days after doing so the Prospective
P PP Y Q Y g P
Developer shall. provide DEQ a report, setting forth the procedures and results.
o. The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged by the owner, its
contractors, or its tenants shall be responsible for repair of any such wells to DEQ's written satisfaction and within a time period acceptable to DEQ, unless compliance
with this Land Use Restriction is waived in writing by DEQ in advance.
p. During January of each year after the year in which the Notice referenced below in paragraph 20 is recorded, the owner of any part of the Brownfields Property as of
January 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 Wake
County, certifying that, as of said January 1 st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Wake County Register of
Deeds office and that the land use restrictions are being complied with. The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact person's e-mail address of the owner submitting the LURU if said owner acquired
any part of the Brownfields Property during the previous calendar year;
ii. the transferee's name, mailing address, telephone and facsimile numbers, and contact person's e-mail address, if said owner transferred any part of the
Brownfields Property during the previous calendar year;
iv. whether soil caps (hardscape materials, clean soil, stone) and landscaping required by subparagraphs 15.g. and 15.h. above are being inspected and
maintained to prevent erosion and/or human exposure to contaminated soil or other media; and
v. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 15.j. 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.
q. A LURU submitted for rental units shall include the rent roll and enough of each lease entered into during the previous calendar year to demonstrate compliance with
lessee notification requirements in paragraphs 21 and 22 of this agreement, below, provided that if standard form leases are used in every instance, a copy of such standard
form lease may be sent in lieu of copies of actual leases.
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.
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
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Level'
(mg/kg)
B-1
0-2
3/27/2018
3
B-2
0-2
3/27/2018
1.7
B-3
0-2
3/27/2018
2.5
B-4
0-2
3/27/2018
2.1
B-5
0-2
3/27/2018
3.5
B-6
0-2
3/27/2018
5
Arsenic
0.68
B-7
0-2
3/27/2018
3.6
B-8
0-2
3/27/2018
1.11
B-9
0-2
3/27/2018
2.1
B-10
0-2
3/27/2018
3.8
2
*0-2
3/l/2004
0.877
3
*0-2
3/1/2004
0.772
delta-BHC
B14C3
0-2
3/27/2018
0.0019
NE
S-7
1-3
7/29/2016
0.00049
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.
2Arsenic concentrations appear to be consistent with naturally occurring arsenic in soil.
'Soil sample B 14C is a composite sample derived from sub -samples of soil from borings B-1, B-2, B-3
and B-4.
NE -No established screening level, C - Composite sample
* Sample depth is estimated
Hoke Street Passage Home/21007-17-092/19Nov2019
FOR THE PURPOSES OF N.C.G.S. § 130A-310.35
ELLEN LORSCHEIDER, DEPUTY DIRECTOR DATE
DIVISION OF WASTE MANAGEMENT
STATE OF NORTH CAROLINA
COUNTY OF WAKE
STATE OF
COUNTY OF
I CERTIFY THAT THE FOLLOWING PERSON(S)
PERSONALLY APPEARED BEFORE ME THIS DAY, EACH
ACKNOWLEDGING TO ME HE OR SHE VOLUNTARILY SIGNED THE
FOREGOING DOCUMENT FOR THE PURPOSE STATED THEREIN
AND IN THE CAPACITY INDICATED:
DATE:
PRINTED NAME: NOTARY PUBLIC
MY COMMISSION EXPIRES:
(OFFICIAL SEAL)
SUB -SLAB VAPOR
Sub -slab vapor contaminants in micrograms per cubic meter, the screening levels for
which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (February 2019 version):
Sub -Slab Vapor
Concentration
Residential
Sample
Date of
Exceeding
Screening
Contaminant
Location
Sampling
Screening
Level'
Level /m3
/m3
Tetrachloroethylene
SS-3
10/17/2017
590
280
Trichlorofluoromethane
SS-3
10/17/2017
3.8
NE
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a LOF,-5 lifetime incremental cancer risk.
NE - No established screening level
INDOOR AIR
Indoor air contaminants in micrograms per cubic meter, the screening limits for which are
derived from Residential Vapor intrusion Screening Levels ofthe Division of Waste
Management (February 2018 version):
Indoor Air
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level /m3)
Residential
Screening
Level'
/m3
Carbon Tetrachloride
A-1 DUP
5/8/2018
0.47
0.47
A-4
5/8/2018
0.47
A-5
5/8/2018
0.48
Naphthalene
A-1
5/8/2018
0.21
0.083
A-1 DUP
5/8/2018
0.19
A-2
5/8/2018
2.4
A-3
5/8/2018
0.19 J
A-4
5/8/2018
0.2 J
A-5
5/8/2018
0.18 J
'Screening limits 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.
'Tetrachloroethylene although detected in SS-3 in October 2017 at a concentration greater than the vapor
intrusion screening level, was not detected in indoor air in May 2018.
J Estimated value between the laboratory method detection limit and the reporting limit.
Hoke Street Passage Home/21007-17-092/19Nov2019
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5410 OLD POOLE RD FIRM LICENSE #: C-1051
RALEIGH, NC 27610 www.stewartinc.com
T 919.380.8750 PROJECT #: G19157
Vicinity Map:
HOKE ST.
o
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o SITE
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FARMERS ST.
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Title:
EXHIBIT B TO THE NOTICE OF
BROWNFIELDS PROPERTY
SURVEY PLAT
HOKE STREET
PASSAGE HOME
BROWNFIELDS PROJECT NUMBER: 21007-17-092
PROPERTY DEVELOPER & PROPERTY OWNER
HOKE STREET PH REDEVELOPMENT, LLC
500 & 506 HOKE ST, 1412 GARNER RD
RALEIGH TOWNSHIP WAKE COUNTY, NC
PINS 1703828886, 1703920846, 1703920658
Revisions:
No. Date Description
1 11/19/19 LUR UPDATE
2 11/21/19 ADDED SOIL SAMPLE LOCATIONS
Seal:
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Project number: G19157 Sheet:
Date: 10/25/2019
Drawn by: CRD � O
Checked by: CRD

EXHIBIT C
LEGAL DESCRIPTION
BEGINNING AT A RIGHT OF WAY MONUMENT ON THE EAST MARGIN OF A 46'
WIDE RAILROAD SPUR, ALSO BEING 150' SOUTH ON THE SOUTH MARGIN OF
HOKE STREET, THENCE ALONG THE RAILROAD RIGHT OF WAY NO °29'29"E 150.00'
TO THE SOUTH MARGIN OF HOKE ST, THENCE WITH THE RIGHT OF WAY
S89000'31"E 315.60' TO A POINT, THENCE LEAVING THE RIGHT OF WAY S01030'31"E
150.14' TO A POINT, THENCE S89°00'31"E 160.22' TO A POINT ON THE WEST
MARGIN OF GARNER ROAD, THENCE WITH THE RIGHT OF WAY SO 1 °23' 12"E 204.48'
TO A POINT, THENCE LEAVING THE RIGHT OF WAY N88°30'31"W 493.93' TO A
POINT TO A POINT ON THE EAST MARGIN OF A 46' WIDE RAILROAD SPUR,
THENCE WITH THE RIGHT OF WAY N01 °29'29"E 200.00' TO THE POINT AND PLACE
OF BEGINNING, CONTAINING 3.368 ACRES, MORE OR LESS.
21007/Hoke Street/19Nov2019