18050_CENCO_PCPkg_20191122

NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY
Site Name: CENCO, Inc. Property
Brownfields Project Number: 18050-14-060
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
26, 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
18050-14-060/CENC0/20Nov2019
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SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Site Name: CENCO, Inc. Property
Brownfields Project Number: 18050-14-060
Pursuant to NCGS § 130A-310.34, Melynda Road Realty, 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 Mecklenburg County, North Carolina. The
Brownfields Property, which is the former location of CENCO, Inc. facility consists of approximately
15.04 acres and is located at 609 and 620 Melynda Road (formerly 600 Melynda Road) in Charlotte.
Environmental contamination exists on the Brownfields Property in groundwater, soil, soil gas, sub -slab
vapor, surface water, and sediment. Melynda Road Realty, LLC has committed itself to no uses other
than office, transit, distribution, warehousing, container yard and depot operations, limited truck,
equipment, and container maintenance and repairs, container sales, intermodal transportation services,
associated parking, and with prior written approval ftom DEQ, other commercial uses on the
Brownfields Property. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a
proposed Brownfields Agreement between DEQ and Melynda Road Realty, 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 Charlotte
Mecklenburg Library, 310 North Tryon Street, Charlotte, NC 28202 by contacting Ms. Dana Eure at
[phone] or at Deuregcmlibrary.org; 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.lig ig_ns&ncdenr.gov, or at [phone]. The full Notice of Intent may also be viewed online
at the DEQ public record database, Laserfiche, by entering the project number 18050-14-060 into the
search bar at the following web address: htt2:Hedocs.deq.nc.gov/WasteManagement.
Written public comments may be submitted to DEQ within 30 days after the latest of the
following dates: the date this Notice is (1) published in a newspaper of general circulation serving the
area in which the Brownfields Property is located, (2) conspicuously posted at the Brownfields Property,
and (3) mailed or delivered to each owner of property contiguous to the Brownfields Property. Written
requests for a public meeting may be submitted to DEQ within 21 days after the period for written public
comments begins. Those periods will start no sooner than November 26, 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
CENCO/ 1805 0-14-060/20Nov2019

Property Owner: CENCO, Inc.
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Site Name: CENCO, Inc.
Brownfields Project Number: 18050-14-060
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 2019 by
Melynda Road Realty, 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 two parcels totaling approximately 15.04 acres
of commercial property located 609 and 620 Melynda Road, Charlotte, Mecklenburg County. The
Brownfields Property is the location of former truck washing and other commercial and industrial
trucking operations from the 1970s through 2016. The Brownfields Property will be redeveloped
for the following uses: office, transit, distribution, warehousing, container yard and depot
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operations, limited truck, equipment, and container maintenance and repairs, container sales,
intermodal transportation services, associated parking, and with prior written approval from DEQ,
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 16 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 office, transit,
distribution, warehousing, container yard and depot operations, limited truck, equipment,
and container maintenance and repairs, container sales, intermodal transportation
services, associated parking, and with prior written approval from DEQ, other commercial
uses. For purposes of this restriction, the following definitions apply:
i. "Office" is defined as the provision of business or professional services.
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ii. "Transit" is defined as a station or stop for the carrying of people, goods,
or materials from one place to another.
iii. "Distribution" is defined as the packaging, transportation, and delivery of
goods to customers.
iv. "Warehousing" is defined as the use of a commercial building for storage
of goods by manufacturers, importers, exporters, wholesalers, transport businesses among
others, and also refers to the storage of goods and materials for a specific commercial
establishment or a group of establishments in a particular type of industry or commercial
activity.
V. "Container yard" is defined as a facility at which shipping containers are
accepted for storage and loading onto their selected mode of transportation, and for
storage of empty containers.
vi. "Depot operations" is defined as a facility that receives, segregates,
inspects, stores, and/or distributes goods for delivery to customers.
vii. "Limited truck, equipment, and container maintenance and repair" is
defined as light maintenance and repair of trucks, chassis, onsite equipment, and shipping
containers, including welding, electrical repair, tire changes, and other minor vehicular
components. Note: these activities are subject to the terms of the Operational Maintenance
Plan in subparagraph 16.o. below.
viii. "Container sales" is defined as the sale of new or used shipping or other
containers to customers.
ix. "Intermodal transportation services" is defined as the facilitation of the
shipping of various types of cargo by more than one transportation mode for delivery to
the customer.
X. "Parking" is defined as the temporary accommodation of motor vehicles in
an area designed for same.
xi. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. The Brownfields Property may not be used for residential purposes nor for child
care, adult care centers, or schools without the prior written approval of DEQ.
c. Physical redevelopment of the Brownfields Property may not occur other than in
accord, as determined by DEQ, with an Environmental Management Plan ("EMP")
approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to
each subsequent redevelopment phase) that is consistent with all the other land use
restrictions and describes redevelopment activities at the Brownfields Property, the timing
of redevelopment phases, and addresses health, safety and environmental issues that may
arise from use of the Brownfields Property during construction or redevelopment in any
other form, including without limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
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ii. issues related to potential sources of contamination referenced in Exhibit
2 to this Agreement;
iii. contingency plans for addressing, including without limitation the testing
of soil, groundwater, sub -slab vapor, soil gas, and newly discovered potential sources of
environmental contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water
separators, soil contamination), and final grade sampling; and
iv. plans for the proper characterization of and, as necessary, disposal of
contaminated soils excavated during redevelopment.
d. By January 315t after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues
(except that the final deadline shall fall 90 days after the conclusion of physical
redevelopment), the then owner of the Brownfields Property shall provide DEQ a report
subject to written DEQ approval on environment -related activities since the last report,
with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with Section V:
Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and laboratory
analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater or other materials
suspected or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated materials
(for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
e. Surface water at the Brownfields Property may not be used for any purpose other
than in connection with legally compliant storm water collection and reuse
techniques without the prior written approval of DEQ.
f. Groundwater at the Brownfields Property may not be used for any
purpose without the prior written approval of DEQ.
g. No activity that disturbs soil on the Brownfields Property 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 16.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)
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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; or
iv. in connection to work conducted in accordance with a DEQ-
approved Environmental Management Plan (EMP) as outlined in subparagraph 16.c.
h. No disturbance of soils below the demarcation fabric in the "Area of Soil
Contamination" on the Brownfields Property as delineated on the plat component of the
Notice of Brownfields Property described in paragraph 21 below may occur, except
pursuant to an approved EMP as described in subparagraph 16.c. above. The demarcation
fabric in the "Area of Soil Contamination" shall be covered and maintained with (i) six
inches of gravel, or (ii) such other cover as DEQ approves in writing.
i. Until it is demonstrated to DEQ's written satisfaction that it will not increase the
risk of mobilization of sub -slab contaminants into groundwater and that the public health
and environment will be protected from the risk of contaminant migration via
groundwater, no floor slab of any Existing Building may be removed from its current
location, except 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. The
term "Existing Building" is any building shown on the plat component of the Notice of
Brownfields Property referenced in Paragraph 21 filed contemporaneously with this
Agreement.
j. Soil may not be removed from, or brought onto, the Brownfields Property without
prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ, unless
conducted in accordance with an approved EMP as outlined in Paragraph 16.c.
k. Except for the Existing Buildings as delineated on the plat component of the
Notice of Brownfields Property referenced in paragraph 21 below, no enclosed building
may be constructed on the Brownfields Property nor occupied until DEQ determines in
writing that:
i. the building is or would be protective of the building's users, public health
and the environment from risk of vapor intrusion based on site assessment data or a site -
specific risk assessment approved in writing by DEQ;
ii. the building is or would be sufficiently distant from
the Brownfields Property's groundwater and/or soil contamination based on assessment
data approved in writing by DEQ that the building's users, public health and the
environment will be protected from risk from vapor intrusion related to said
contamination; or
iii. vapor intrusion mitigation measures are designed, installed and
implemented in a manner that will fully protect public health to the satisfaction of a
professional engineer licensed in North Carolina, as evidenced by said engineer's
professional seal on a report that includes photographs and a description of the installation
and performance of said measures, and to DEQ. Any design specification for vapor
intrusion measures shall be approved in writing by DEQ in advance of installation and/or
CENCO/18050-14-060/20Nov2019

implementation of said measures. The design specifications shall include methodology(ies)
for demonstrating performance of said measures.
1. Neither DEQ, nor any party conducting environmental assessment or remediation
at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to
the Brownfields Property for purposes of conducting such assessment or remediation,
which is to be conducted using reasonable efforts to minimize interference with authorized
uses of the Brownfields Property.
m. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: "This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in
the Mecklenburg County land records, Book , Page ." A copy of any such
instrument shall be sent to the persons listed in Section XV (Notices and Submissions),
though financial figures and other confidential information related to the conveyance may
be redacted to the extent said redactions comply with the confidentiality and trade secret
provisions of the North Carolina Public Records Law. The owner may use the following
mechanisms to comply with the obligations of this paragraph: (i) If every lease and rider is
identical in form, the owner conveying an interest may provide DEQ with copies of a form
lease or rider evidencing compliance with this paragraph, in lieu of sending copies of
actual, executed leases, to the persons listed in Section XV (Notice and Submissions); or
(ii) The owner conveying an interest may provide abstracts of leases, rather than full copies
of said leases, to the persons listed in Section XV.
n. Unless approved by DEQ in writing in advance, storage of fuels or waste oils in
underground storage tanks (USTs) is prohibited at the Brownfields Property.
o. All limited truck, equipment, and container maintenance and repair as defined in
subparagraph 16.a.vii. shall be managed in compliance with a site -specific Operational
Management Plan (OMP) that has been prepared by the then owner of
the Brownfields Property and approved in writing by DEQ such that, should a release of
those substances occur at the Brownfields Property, the subject contaminants in that
release would be distinguishable with certainty from the subject contaminants in any
known release at the Brownfields Property that predates this Agreement. Such OMP shall
identify the permitted locations for any above ground storage tanks (ASTs), waste facilities
(excluding municipal solid waste and domestic waste), parts washer equipment, and other
areas of chemical or petroleum product storage at the Brownfields Property, and shall
document any secondary containment required by DEQ in these areas and best
management practices pertaining to the handling and storage of these chemicals or
products, including spill control measures. Should additions or changes in such operations
take place in the future, said OMP shall be modified by the proponent of the operational
additions/changes to address said operational additions/changes.
p. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement, and as modified by
DEQ in writing if additional contaminants in excess of applicable standards are discovered
at the Brownfields Property, may be used or stored at the Brownfields Property without
the prior written approval of DEQ, except:
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i. in de minimis quantities for cleaning and other routine housekeeping
and maintenance activities;
ii. as constituents of fuels, lubricants and oils in 1) emergency generators,
machinery, equipment and vehicles in on -board tanks integral to said equipment,
machinery, or vehicles, or 2) in flammable liquid storage containers totaling no more than
25 gallons;
iii. for limited minor truck, equipment, or container maintenance and repair
as defined in subparagraph 16.a.vii. above in compliance with applicable law and the OMP
referenced in subparagraph 16.o. above (though vehicle parts and tools may not be washed
in liquids containing any chlorinated solvents);
iv. in products or materials that are brought onto the Brownfields Property,
kept in their original packaging or containers (that is, not used or repackaged) and later
removed from the Brownfields Property in the original packaging or containers, except
that pre -packaged items may be transferred between shipping containers as long as such
products or materials remain in their original packaging; or
v. as constituents of products and materials customarily used and stored in
warehousing and office environments, provided such products and materials are stored in
original retail packaging and used, stored, and disposed of in accordance with applicable
laws.
q. With the exception of work conducted in accordance with paragraph 15 above,
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.
r. The Brownfields Property may not be used for ground -contact sports of any kind,
including, but not limited to, golf, football, soccer and baseball, without the prior written
approval of DEQ.
s. The Brownfields Property may not be used for kennels, private animal pens or
horse -riding unless approved in writing in advance by DEQ.
t. The Brownfields Property may not be used for agriculture or grazing, without the
prior written approval of DEQ.
u. During January of each year after the year in which the Notice referenced below
in paragraph 21 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 Mecklenburg County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these
land use restrictions remains recorded at the Mecklenburg County Register of Deeds office
and that the land use restrictions are being complied with. The submitted LURU shall state
the following:
i. the name, mailing address, telephone and facsimile numbers, and contact
person's e-mail address of the owner or approved entity submitting the LURU if said
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owner or each of the owners on whose behalf the joint LURU is submitted acquired any
part of the Brownfields Property during the previous calendar year;
ii. the transferee's name, mailing address, telephone and facsimile numbers,
and contact person's e-mail address, if said owner or each of the owners on whose behalf
the joint LURU is submitted transferred any part of the Brownfields Property during the
previous calendar year;
iii. whether the cover (hardscape materials, clean soil, stone) required by
subparagraph 16.h. above is being inspected and maintained to prevent erosion of said
cover and/or human exposure to contaminated soil or other media;
iv. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 16.k.iii. above are performing as designed, and whether the uses of the
ground floors of any buildings containing such vapor barrier and/or mitigation systems
have changed, and, if so, how; and
v. whether any changes to the OMP prepared pursuant to subparagraph
16.o. above have occurred, and if so, how.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be
the DEQ official referenced in subparagraph 36.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
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statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a
brownfields property under the Brownfields Property Reuse Act.
IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this day of , 2019.
10
NORTH CAROLINA
COUNTY
Melynda Road Realty, LLC
Tim A. Frye, Sr.
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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************************************
ACKNOWLEDGMENT OF PROPERTY OWNER
As the current owner, or representative of said owner, of at least part of the Brownfields
Property, I hereby acknowledge recordation of this Notice of Brownfields Property and the land
use restrictions contained herein.
[CENCO, Inc.]
By:
INSERT:
NORTH CAROLINA
COUNTY
Date
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Date:
Official Signature of Notary
Notary's printed or typed name, Notary Public
(Official Seal) My commission expires:
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APPROVAL AND CERTIFICATION OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
The foregoing Notice of Brownfields Property is hereby approved and certified.
North Carolina Department of Environmental Quality
Ellen Lorscheider Date
Deputy Director, Division of Waste Management
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FXHIRIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: Melynda Road Realty, LLC
UNDER THE AUTHORITY OF THE
BROWNFIELDS PROPERTY REUSE ACT
OF 1997, NCGS § 130A-310.30, et SeMc .
Brownfields Project # 18050-14-060
L INTRODUCTION
BROWNFIELDS AGREEMENT re:
CENCO, Inc.
600 Melynda Road
Charlotte, Mecklenburg County
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and Melynda Road Realty, LLC (collectively the
"Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
SeMc . (the "Act") for the property formerly located at 600 Melynda Road and currently addressed
in the tax records as Grove Street (Tax Parcel #05712101) and 609 Melynda Road (Tax Parcel
#05712102), Charlotte, Mecklenburg County (the `Brownfields Property"). The new, smaller
metal building constructed on Tax Parcel #05712102 carries an address of 620 Melynda Road. 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 Melynda Road Realty, LLC, a manager -managed, limited
liability company with its principal office located at 1127 Tar Heel Road, Charlotte, North
Carolina. Mr. Tim A. Frye, Sr. is the manager of Melynda Road Realty, LLC and its affiliated
company, DTJT Properties, LLC. The Prospective Developer intends to redevelop the
Brownfields Property for no uses other than office, transit, distribution, warehousing, container
yard and depot operations, limited truck, equipment, and container maintenance and repairs,
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container sales, intermodal transportation services, associated parking, and with prior written
approval from DEQ, other commercial uses.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section VIII (Certification), Section IX (DEQ's Covenant Not to Sue
and Reservation of Rights) and Section X (Prospective Developer's Covenant Not to Sue), the
potential liability of Melynda Road Realty, LLC for contaminants at the Brownfields Property.
The Parties agree that Melynda Road Realty, LLC's entry into this Agreement, and the
actions undertaken by Melynda Road Realty, LLC in accordance with the Agreement, do not
constitute an admission of any liability by Melynda Road Realty, LLC for contaminants at the
Brownfields Property. The resolution of this potential liability, in exchange for the benefit
Melynda Road Realty, 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 Melynda Road Realty, LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property comprises two parcels (Tax Parcel Nos. 05712101 and
5712102) totaling approximately 15.04 acres. Originally, an affiliated entity of the Prospective
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Developer, DTJT Properties, LLC, filed a Brownfields Property Application (BPA) dated
November 9, 2016, requesting that six parcels be included in the Brownfields Property; DTJT
Properties, LLC subsequently submitted a revised BPA on November 28, 2016 that withdrew
two of the original six parcels, leaving four parcels in the Brownfields Property. DTJT
Properties, LLC was deemed eligible as a Prospective Developer on December 8, 2016, but
requested on February 12, 2018 that the status of Prospective Developer be transferred to an
affiliated company, Melynda Road Realty, LLC. Such transfer was effective March 27, 2018;
therefore, Melynda Road Realty, LLC since that date has been the Prospective Developer. The
Prospective Developer subsequently withdrew two parcels from the Brownfields Property at later
dates so that only two parcels remain. The two parcels are described as follows:
a. Parcel ID No. 05712101 is an approximately 2.65-acre parcel in the western
area of the Brownfields Property. It is the location of two former wastewater treatment ponds
and an existing pond. The two former wastewater treatment ponds were previously closed by
CENCO, Inc. or its predecessors or affiliates under the Resource Conservation and Recovery Act
(RCRA) and as a result a Notice of Property Restriction (NPR) under 40 CFR Subpart G
Regulations was filed in the Mecklenburg County Register of Deeds on October 28, 1994 (Book
07954, Page 0877/Map Book 26, Page 380) affecting this portion of the Brownfields Property.
This NPR provided notification that waste management units were formerly located on this
parcel. Such NPR is to be cancelled by the DEQ's recordation of a duly authorized "Removal of
Notices of Property Restrictions Under 40 CFR Subpart G Regulations (Removal of NPR)" at
the Mecklenburg County Register of Deeds.
b. Parcel ID No. 05712102 is an approximately 12.39-acre parcel that comprises
CENCO, Inc./I8050-14-060/20Nov2019

the area on which the main industrial and commercial operations on the Brownfields Property
have occurred. A portion of the former wastewater treatment ponds were located on the western
edge of this parcel and therefore a second NPR was filed on October 28, 1994 (Book 07954,
Page 0882/Map Book 26, Page 379) with the Mecklenburg Register of Deeds. This NPR is also
to be cancelled by the DEQ's recordation of a duly authorized "Removal of NPR" at the
Mecklenburg County Register of Deeds.
4. The Brownfields Property is located in a mixed residential and industrial/commercial
area and is bordered to the north by single family residences, mobile homes, and wooded land; to
the east by an affiliated entity of the Prospective Developer, FSI, Inc., that operates an
intermodal transportation services company with residential use beyond; to the south by a CSX
(former Piedmont & Northern Railway) rail line, with industrial uses such as Kloeckner Metals
and Express Containers beyond; and to the west by wooded land and Derita Precision Machine
Co., with Toddville Road and the Duke Energy Toddville Operation Center and Asset Recovery
operations beyond.
5. Prospective Developer obtained or commissioned the following reports, or available
DWM files were accessed for information on the Brownfields Property, referred to hereinafter as
the "Environmental Reports," regarding the Brownfields Property:
Title
Prepared by
Date of Report
Letter, RE: Central Transport, Inc.
NC Department of Human
Inspection on July 24, 1980
Resources, Division of Health
August 1, 1980
Services
Lagoon Closure Plan
O'Brien & Gere
June 1989
Memorandum, Central Transport Consent
Department of
En
Environment, Health, and
Order, Administrative Order on Consent,
Natural Resources, Division
February 21, 1990
Docket #89-072
of Solid Waste Management
CENCO, Inc./I8050-14-060/20Nov2019

Title
Prepared by
Date of Report
US Department of Justice, US
Press Release, Central Transport, Nc.
Attorney, Western District of
March 5, 1990
North Carolina
NC Department of
Letter, Amended Consent Orders for
Environment, Health, and
May 10, 1990
Central Transport, Inc.
Natural Resources, Division
of Solid Waste Management
NC Department of Human
Administrative Order on Consent, Docket
Resources, Division of Health
#89-072, Re: Central Transport, Inc.,
Services, Solid Waste
May 30, 1990
NCD046148540
Management Section,
Hazardous Waste Branch
Report, Closure/Post Closure Plan, Central
O'Brien & Gere Engineers,
July 1990
Transport, Inc.
Inc.
NC Department of
Memorandum, Inspection of Central
Environment, Health, and
October 15, 1990
Transportion, Inc.
Natural Resources, Division
of Solid Waste Management
Report, Supplemental Phase I
O'Brien & Gere Engineers,
Hydrogeologic Investigation, Central
Inc.
November 1990
Transport, Inc.
Letter RE: Central Transport, Inc., Lagoon
O'Brien & Gere Engineers,
November 20, 1990
Closure Plan
Inc.
Closure/Post Closure Plan, Central
O'Brien & Gere Engineers,
January 4, 1991
Transport (Approved)
Inc.
Letter, Hydrogeologic Investigation,
O'Brien & Gere Engineers,
July 11, 1991
Central Transport, Inc.
Inc.
Letter, Central Transport, Inc., Lagoon
O'Brien & Gere Engineers,
August 30, 1991
Closure Plan
Inc.
Risk Assessment: Establishing Acceptable
O'Brien & Gere Engineers,
March 2, 1992
Soil Quality Criteria For Lagoon Closure
Inc.
Preliminary Assessment
NCDEQ
April 30, 1992
Letter, Central Transport, Inc.,
O'Brien & Gere Engineers,
September 10, 1992
Modifications to Post -Closure Plan
Inc.
NC Department of
Letter, Lagoon Closure Plan
Environment, Health, and
Natural Resources, Division
September 18, 1992
of Solid Waste Management
CENCO, Inc./18050-14-060/20Nov2019

Title
Prepared by
Date of Report
Letter, Central Transport, Inc.,
O'Brien & Gere Engineers,
December 28, 1992
Modifications to Post -Closure Plan
Inc.
Ground Water Assessment Report, Central
O'Brien & Gere Engineers,
March 25, 1993
Transport, Inc.
Inc.
Tank Closure Report, Central Transport
Southern Tank &
Environmental, Inc.
March 26, 1993
Ground Water Assessment Report, Central
O'Brien & Gere Engineers,
August 6, 1993
Transport, Inc.
Inc.
Letter, Certification of Lagoon Closure
Westinghouse Remediation
Services, Inc.
November 2, 1993
Letter, Explanation of Clay Cap
Westinghouse Remediation
Conductivity at the Central Transport
Services, Inc.
November 17, 1993
Facility in Charlotte, NC
Tank Closure Report, Central Transport
Southern Tank &
Environmental, Inc.
December 1, 1993
Certification Report, Lagoon Closure,
O'Brien & Gere Engineers,
December 14, 1993
Central Transport Inc.
Inc.
Letter, Lagoon Closure
Central Transport, Inc.
January 24, 1994
Letter, Lagoon Closure Certification
Central Transport, Inc.
February 21, 1994
Final RCRA Facility Assessment Report,
NC Hazardous Waste Section,
Central Transport, Inc., ("Final RFA
Permitting Branch
April 6, 1994
Report")
NC Department of
Memorandum, Central Transport, Inc.
Environment, Health, and
May 20, 1994
Natural Resources
Central Transport, Inc., Quarterly
O'Brien & Gere Engineers,
July 6, 1994
Monitoring and Ground Water Assessment
Inc.
Letter, Certification of Lagoon Closure,
NC Department of
Environment, Health, and
July 26, 1994
EPA ID No. NCD046148540
Natural Resources
NC Department of
Record of Communication
Environment, Health, and
August 22, 1994
Natural Resources
Letter, Response to RCRA Facility
NC Department of
Assessment Report
Environment, Health, and
November 17, 1994
Natural Resources
Post -Closure Ground Water Sampling &
Rust Environment &
November 1994
Analysis Report, Third Quarter 1994
Infrastructure, Inc.
CENCO, Inc./18050-14-060/20Nov2019

Title
Prepared by
Date of Report
NC Department of
Letter, RCRA Facility Assessment Report
Environment, Health, and
January 23, 1995
Natural Resources
Post -Closure Ground Water Sampling &
Rust Environment &
Analysis Report, First Semiannual
Infrastructure, Inc.
May 1995
Sampling 1995
Soil Assessment Report, Central Transport
Aquaterra, Inc.
September 8, 1995
Inc., Facility
Post -Closure Groundwater Sampling &
Rust Environment &
Analysis Report, Second Semiannual
Infrastructure, Inc.
December 1995
Sampling 1995
Post -Closure Groundwater Sampling &
Rust Environment &
Analysis Report, First Semi -Annual
Infrastructure, Inc.
May 1996
Sampling 1996
RCRA Post Closure Permit Application,
Rust Environment &
February 5, 1996
Closed Impoundments, Revision Number 0
Infrastructure, Inc.
Post -Closure Groundwater Monitoring
Rust Environment &
February 29, 1996
Annual Report
Infrastructure
Letter, Central Transport, Voluntary
Central Transport, Inc.
July 23, 1996
Remediation
Letter, Voluntary Remediation:
Central Transport, Inc.
November 1, 1996
SWMU#16, Central Transport
Post -Closure Groundwater Sampling &
Rust Environment &
Analysis Report, Second Semi -Annual
Infrastructure, Inc.
November 1996
Sampling 1996
Addendum to Revised Part B Application,
Honbarrier, Inc. (Formerly Central
Mid -Atlantic Associates, PA
January 21, 1997
Transport, Inc.) Site
Report of Semi -Annual Groundwater
Monitoring, May 1997, Central Transport
Mid -Atlantic Associates, PA
June 30, 1997
Terminal Site
NC Department of
Notice of Violation, Docket #98-043
Environment and Natural
December 16, 1997
Resources
Report of Semi -Annual Groundwater
Monitoring, December 1997, Honbarrier
Mid -Atlantic Associates, PA
February 18, 1998
Inc. Facility
Report of April 1998 Semi -Annual
Groundwater Monitoring, Honbarrier, Inc.
Mid -Atlantic Associates, PA
June 24, 1998
Facility
CENCO, Inc./18050-14-060/20Nov2019

Title
Prepared by
Date of Report
NC Department of
Recommended Site Activities, Central
Environmental and Natural
May 3, 1999
Transport/Honbarrier Site
Resources, Division of Water
Quality
Supplemental Historical Tables,
Honbarrier, Inc. Facility, Groundwater
Mid -Atlantic Associates, PA
April 29, 2002
Incident No. 8440
Annual Groundwater Monitoring Reports,
2000, 2001, 2002, 2003, 2004, 2005, 2006,
Mid -Atlantic Associates, PA
January 2001 - 2006
Honbarrier, Inc. Facility
RE: Soil Sample Results from
NC Department of the
Underground Storage Tank Closure
Environment & Natural
February 7, 2005
Resources
Annual Groundwater Monitoring Reports
Delta Environmental
January 14, 2008 —
2007, 2008, and 2009
January 15, 2009
Department of Environment
Notice of Regulatory Requirements for
and Natural Resources,
Contaminant Assessment and Cleanup
Division of Waste
March 15, 2011
Management, Superfund
Section
Department of Environment
Second Notice of Regulatory Requirements
and Natural Resources,
Division of Waste
July 11, 2011
for Contaminant Assessment and Cleanup
Management, Superfund
Section
Voluntary Cleanup Checklist
Antea USA of North
Carolina, Inc.
September 2, 2011
Environmental Summary Report, CENCO,
Hart & Hickman, PA
May 15, 2014
Inc., Inc. Site
Phase I ESA, CENCO, Inc., Inc. Site
Hart & Hickman, PA
July 20, 2015
Phase I ESA, CENCO, Inc., Inc. Property
Hart & Hickman, PA
December 5, 2016
Brownfields Receptor Survey
Mid Atlantic Engineering &
June 2017
Environmental Solutions
Letter, RE: CENCO, Inc. Inc. Site
Van Buren Law, PLLC
May 17, 2017
FSI Operational Overview, Former
Mid Atlantic Engineering &
June 19, 2017
CENCO, Inc. Facility
Environmental Solutions
Response to Request for Information and
Hart & Hickman, PA
August 30, 2017
Additional Assessment, CENCO, Inc., Inc.
CENCO, Inc./I8050-14-060/20Nov2019

Title
Prepared by
Date of Report
Property
Response to Request for Information and
Mid Atlantic Engineering &
Additional Assessment, Former CENCO,
Environmental Solutions
August 28, 2017
Inc. Property
Environmental Management Plan
Hart & Hickman, PA
January 29, 2018
Response to Electronic Correspondence of
Hart & Hickman, PA
September 6, 2018
June 19, 2018
Brownfields Assessment Report, Former
Hart & Hickman, PA
July 13, 2018
CENCO, Inc., Inc. Site
Environmental Management Plan
Hart & Hickman, PA
February 1, 2019
CENCO, Inc. Brownfield Site Assessment
Geophysical SurveyInvestigations
March 4, 2019
Brownfields Assessment Report,
Hart & Hickman PA
October 21, 2019
Addendum, Former CENCO, Inc. Site
Demarcation Fabric Installation Activities
Hart & Hickman, PA
November 7, 2019
Letter Report
6. For purposes of this Agreement, DEQ relies on the following representations by
Prospective Developer and available DWM files as to use and ownership of the Brownfields
Property:
a. Prior to the late 1960s, the Brownfields Property was comprised of partially
wooded or cleared farmland. The main operational area of the Brownfields Property was first
developed commercially by CENCO, Inc. by 1969 with the construction of the main building
and associated infrastructure, including two wastewater lagoons, which were later closed. The
main building is an approximately 14,350 square feet, two —story building with a slab -on -grade
foundation. Other operational infrastructure, including wastewater treatment system
components, was constructed on the Brownfields Property by 1973. Two small buildings (a
former boiler room and former wastewater treatment building) are present to the west of the
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main building. A water supply well was also formerly located on the main parcel located to the
east of the main building, but was abandoned in 2017. A production well was also reported to
the north of the main building; however, it has been inactive for years and is not visible at
ground surface.
b. A man-made pond located northwest of the two former waste impoundments is
predominantly located on the Brownfields Property, but extends partially offsite onto an
adjoining parcel to the north, which is not included as part of the Brownfields Property. An
unnamed stream flows from the north into this pond and continues south transecting the
Brownfields Property. A second unnamed stream is located on the easternmost boundary of the
Brownfields Property.
c. In 1968, CENCO, Inc. purchased a portion of the Brownfields Property from
Piedmont and Northern Railway Company (formerly Seaboard Coast Line Railroad Company
and currently CSX Transportation, Inc.) and from Marrow's Picking & Opening, Inc.
d. From 1969 through approximately 1995, Central Transport Incorporated (CTI)
leased all or a portion of the Brownfields Property from CENCO, Inc., its predecessors and/or
affiliates for trucking terminal and repair operations, transport of bulk chemicals using tanker
trucks and railcars, on -site storage of chemicals, wastewater treatment, and tanker truck wash
and maintenance operations. CTI provided hauling services to a variety of industries and
therefore handled a variety of chemicals. The site features included the two wastewater
treatment lagoons (Ponds No. 1 and No. 2); a man-made pond that served as overflow (Pond No.
3); the main building, which included a repair and maintenance area, and a wash bay area with
sub -grade structures; other sub -grade and above ground structures for collection and conveyance
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of rinse waters; two boiler rooms; a water supply well; rail spur and rail car unloading areas;
product storage area with multiple bulk storage tanks; a weigh station; unlined trench disposal
area for lagoon sludges and other wastes; buried tires, metal and other waste; above ground and
underground storage tanks for fuels or motor oils; and associated gravel and paved parking areas.
e. Chemical products were shipped to the CTI terminal via railcar where the
products were either unloaded into product storage tanks near the rail line or unloaded directly
into tankers. Once the tankers had delivered the product, empty tank trucks were driven onto a
wash pit area where the interior and exteriors of the tankers were cleaned. The cleaning process
depended on the nature of the chemical that was hauled and included one or the following: steam
cleaning, cold water wash, or caustic wash methods. Rinse waters generated from the washing
operations were drained from the tankers, collected through a series of sub -grade structures, and
conveyed through trenches and piping to the two onsite wastewater lagoons. After 1972,
wastewaters were discharged after pre-treatment in the wastewater lagoons to the Charlotte
Mecklenburg Utility District (CMUD) in accordance with CMUD Permit No. 0188. In the late
1970s, a pretreatment plant was constructed near the wastewater lagoons. After this plant was
operational, the former wastewater lagoons served as overflow ponds for the pretreatment
system. In 1985, two above ground rinse water storage tanks and a new pretreatment plant were
placed in service at the site, and the use of the lagoons for pretreatment of wastewater ceased.
f. CTI ceased operations in the mid-1990s and the Brownfields Property was
vacant until the late 1990s. Various commercial and industrial trucking industry tenants operated
on the industrial parcel from the late 1990s to 2016. These have included transport, towing, and
truck repair businesses including Santee Carriers, Xcalibur Xpress Inc., Go First Class Inc.,
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Westside Truck Repair, and Carolina Commercial Recovery, National Drayage and E&W Truck
Repair, DWL, Inc., and Nationwide Transport.
h. In 2012, Bank of America was named as the agent for CENCO, Inc. after the
death of the original owner and President, Archie L. Honbarrier. Archie Honbarrier was also
listed as President of CTI and Honbarrier, Inc.
i. In January 2017, FSI, Inc., an affiliate of the Prospective Developer, but
unrelated to any previous site owners or operators, began leasing the main parcel for limited
minor trailer and container maintenance and repair, tire storage, and parking under requirements
as set forth by the North Carolina Brownfields Program in accordance with this Agreement.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. This Brownfields Property has a complex regulatory and environmental history.
A preliminary assessment of the Brownfields Property was conducted under the Comprehensive
Environmental Response, Compensation, and Liability Information System (CERCLIS) in 1987.
After preliminary assessment was completed, the property was deferred to Resource
Conservation and Recovery Act (RCRA) corrective action in 1992, archived in 1996, and was
later transferred to a predecessor agency section of the DWM, the North Carolina's Division of
Water Quality (DWQ), Aquifer Protection Section (APS) in 1998. The Brownfields Property is
listed as a DWM Hazardous Waste (HW) under the names of CENCO, Inc., Central Transport
Company (CTI), and Honbarrier, Inc., with corresponding Facility ID No. NCD046148540.
Portions of the Brownfields Property were regulated under RCRA with CENCO, Inc. as the
property owner, Central Transport, Inc. (CTI) as the lessee that operated at the facility, and with
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Honbarrier, Inc., an affiliated entity to CENCO, Inc. The site is associated with EPA ID No.
NCD046148540 and Facility ID No. NCD982131054. The Brownfields Property is also
identified with a groundwater incident (APS No. 8440) through a the DWQ APS and with a
DWM UST Section Incident No. 11187 that was associated with UST removals at the property.
Given its extended regulatory history, it is important to clarify the jurisdiction governing
environmental matters at the Brownfields Property with respect to DEQ. A RCRA Part B permit
was never completed for the facility that was owned and operated by CTI, CENCO, Inc. and/or
their affiliates on the Brownfields Property. In the past, DEQ had regulated the Brownfields
Property under RCRA and required recordation of the NPRs as described in paragraphs 3.a. and
3.b. above, but DEQ subsequently determined that RCRA jurisdiction did not apply to the
Brownfields Property. As part of this decision, DEQ has agreed to cancel the aforementioned
NPRs affecting the Brownfields Property. Current jurisdiction over environmental matters at the
Brownfields Property resides solely with the Inactive Hazardous Sites Section of the Division of
Waste Management at DEQ and the Brownfields Program.
b. In the 1980s and 1990s, environmental investigation and cleanup activities at
the site were conducted under the oversight of the DWM's predecessor agency's Hazardous
Waste Section of the NC Department of Environmental, Health and Natural Resources
(DEHNR). On May 30, 1990, CTI and the Hazardous Waste Section entered into an
Administrative Order on Consent "AOC" to address conditions at the CTI site, including
closing the former waste impoundments in accordance with the Solid Waste Management Act.
A total of 28 Solid Waste Management Units (SWMUs) were identified on the Brownfields
Property in the Final RFA Report. Of these 28, one SWMU was closed with the oversight of
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DEQ's predecessor agency Hazardous Waste Section; nine were referred for additional
investigation, 13 were referred for confirmatory sampling, and six were noted as needing no
further action. Of the SWMUs referred for additional investigation three of them: SWMU Nos.
21 (railcar unloading area), 25 (product storage area), and 26 (rail car unloading area), were
historically removed from the list of 28 SWMUs as they were historically determined to not be
part of the CFI facility; however, these areas were either owned or operated by CENCO, Inc.;
and one, SWMU No. 28, that was duplicative of SWMU No. 10.
c. SWMU No. 1 refers to the former wastewater lagoons, Pond Nos. 1 and 2,
primarily comprising about 1.25 acres on the western parcel that were operated from 1969-1985.
The walls of Pond No. I were reportedly lined with concrete, but the pond had a natural bottom.
Pond No. 2 was a converted farm pond with natural soil walls and bottom. The two former
impoundments were used for waste rinse water storage from the truck washing operations until
1972, when the facility was connected to the CMUD. At that time, the ponds were converted for
use as pretreatment ponds with the installation of aerators in Pond No. 2 to pretreat the rinse
waters prior to its discharge to the CMUD. Reportedly during active operations, waste sludge
was periodically removed from the bottom of the impoundments and stored onsite prior to
transport and offsite disposal. Some waste sludges from the lagoons were also reportedly buried
in unlined trenches on the eastern side of the Brownfields Property.
i. Hazardous constituents found in the pond materials included
chlorobenzenes, phthalate compounds, methylene chloride, chlorinated solvents such as 1,1,1-
trichloroethane and tetrachlorethylene, and petroleum substances such as toluene, ethylbenzene,
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xylenes, and phenols. Release(s) from the former waste impoundments to drainage features were
reportedly observed during operations.
ii. Ponds Nos. 1 and 2 were closed under a RCRA Closure & Post -Closure
Plan as a landfill commencing on October 30, 1991 with completion in June 1993. Post -closure
activities for the facility included the installation of final cover, security fencing, drainage
ditches and groundwater monitoring. To close the impoundments, an estimated 996,000 gallons
of liquid were removed under a CMUD special discharge permit (No. NG008). A total of
approximately 10,773 tons of contaminated sludge and soil were removed from this area during
closure with disposal at the Piedmont Landfill Facility in Kernersville, NC. Confirmatory soil
sampling was conducted in the base and sidewalls of the ponds. In 1993, a one to four feet
thick, engineered clay cap was installed over the impoundments. The land usage in the former
impoundment areas was restricted under 40 CFR Subpart G regulations by the filing of two
Notices of Property Restriction (NPR) under 40 CFR Subpart G Regulations in the
Mecklenburg County Register of Deeds on October 28, 1994 (Book 07954, Page 0882/Map
Book 26, Page 379) and on October 28, 1994 (Book 07954, Page 0877/Map Book 26, Page 380)
affecting this portion of the Brownfields Property. These NPRs provided notification that waste
management units were formerly located on these parcels. Such NPRs are to be cancelled by
DEQ's recordation of duly authorized "Removal of NPR" documents at the Mecklenburg
County Register of Deeds.
d. SWMU No. 2 refers to Pond No. 3, a man-made pond to the north and
upgradient of SWMU No. 1, that is partially located off the Brownfields Property. Pond 3 was
reportedly not a component of the former wastewater treatment system. Sludge samples from
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the base of the pond contained phthalate compounds and aluminum. It was not closed with
SWMU No. 1. Reportedly, this pond historically was fished by local residents and is accessed
by a footpath from the residential area to the northeast.
e. SWMU Nos. 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15,16, and 28 refer to separate
components of the tanker truck wash and wastewater treatment system, the design of which
changed over time.
i. SWMU No. 3 refers to a concrete pad and sluiceways used for truck
washing that were taken out of service in 1985 and 1991, respectively, the latter removed during
the closure of the ponds in 1992. The wastewater treatment system building (SWMU No. 13)
formerly enclosed steel wastewater treatment tanks with ancillary piping and drains, and a
concrete floor, which was used from 1985 until operations ceased. SWMU No. 13 was
connected to the main building wash bay (SWMU No. 16) and truck wash rack 200-gallon steel
sub -grade tank that served as a collection sump (SWMU No. 4) in 1985. SWMU No. 5 refers to
a sewer line connecting SWMU No. 4 with SWMU No. 7. SWMU No. 7 refers to a concrete
trough that conveyed wastewater from the truck rinse area to the wastewater lagoons. A second
trough installed in 1985 (SWMU No. 8) was connected to the original trough (SWMU No. 7) in
order to divert the flow of the wash bay rinse water to the rinse water collection sump (SWMU
No. 12). The rinse water collection sump (SWMU No. 12) consists of a three-foot diameter sub -
grade concrete -lined basin of unknown depth, covered by a concrete cap. Rinse water was
pumped through ancillary piping from the rinse water collection sump (SWMU No. 12) to the
wastewater storage tanks, which were two steel 1,500 gallon above ground storage tanks
(SWMU No. 11) installed in 1985 on a concrete pad that later was contained by a concrete berm
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in 1989. Ancillary piping connected the two steel 1,500-gallon rinse water storage tanks to the
rinse water treatment tanks that comprise SWMU No. 13. After treatment, the rinse water was
conveyed through piping to a CMUD hookup outside of the building, back to the collection sump
(SWMU No. 12) or to the sludge drying beds (SWMU No. 15), which were composed of divided
sections of sand and gravel filter material overlying a concrete pad. Drainage from this area was
conveyed to SWMU No. 14, which refers to a concrete tank located within a concrete -block
lined pit that collects treated wastewater draining from the treatment plant (SWMU No. 13) and
from the sludge bed drying area (SWMU No. 15). Sanitary sewer lines (SWMU No. 9) were
installed in 1985; they run underground from the main building west to just behind the boiler
room and continue southward to the CMUD sewer system connection. Reportedly, this line was
used to discharge untreated tanker rinse water directly to CMUD in 1987 in violation of CTI's
discharge permit, which led to a Federal Bureau of Investigation (FBI) investigation into CTI's
practices and ultimately the AOC. SWMU No. 10 was a concrete block -lined basin filled with
soil and an overlying grass cover. It has an unknown period of operation, and may mark the
location of the first wastewater treatment plant (SWMU No. 28) at the facility. The concrete
basin associated with SWMU No. 10 and surrounding soils were reportedly excavated. The rinse
water collected in the tank (SWMU No. 14) drained directly to the CMUD sewer hookup.
SWMU No. 16 refers to the truck wash area contained within the main building.
ii. SWMU No. 13 is also associated with an uncorroborated report from a
former employee that drums containing soil contaminated with ethyl acrylate from a release in
1984 in the product storage area (SWMU No. 25) were disposed of in a trench either under or
near the treatment plant building in 1985.
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f. SWMU No. 6 refers to a lagoon sludge stabilization area. During the closure of
the two impoundments, excavated sludge was reportedly placed in this area before removal,
which was a lined and paved asphalt area located to the northwest of the main facility building.
SWMU No. 6 is currently covered with gravel or asphalt.
g. SWMU Nos. 17, 18, and 19 were in close proximity to one another along the
southern side of the main building. SWMU No. 17 refers to a 10,000-gallon underground diesel
tank (UST). A prior 10,000-gallon diesel UST (SWMU No. 28) may have previously been
located in this same location. SWMU No. 18 refers to one 3,000-gallon motor oil and one
2,000-gallon used oil USTs. SWMU No. 19 refers to four carbon steel above ground storage
tanks (ASTs) containing diesel and motor oil located on a bermed concrete pad adjacent to the
main building. The USTs for these three SWMUs were removed during 1992 and 1993. The
UST removed from SWMU No. 17 was found to have impacted soil, which was excavated and
disposed of offsite when the UST was removed. The associated UST Incident No. 11187 was
granted regulatory closure by the UST Section in December 1993; this action was verified in
February 2005. SWMU Nos. 18 and 19 were listed as No Further Action in the Final RFA
Report.
h. SWMU No. 20 refers to the original Safety Kleen parts washer used in the
maintenance area in the main building that was installed in 1969 by CTI. The date of removal
and exact location of this Safety Kleen parts washer within the onsite main facility building is
unknown. A second Safety Kleen parts washer was also reportedly installed in the main
building, but was removed prior to 2017 by a former site operator. On June 13, 2017, Safety
Kleen installed a petroleum solvent -based parts washer for cleaning trailer brake components for
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FSI Inc.'s onsite operations. On June 19, 2017 it was reported that a de minimis amount of
washer fluid leaked onto the concrete floor at the base of the parts washer due to a faulty
component. FSI cleaned up the spill with sorbent material and properly disposed of it offsite with
no release to the exterior of the building. Safety Kleen removed the defective parts washer and
replaced it with a new one; it is situated in a different location in the building relative to the
location of the former parts washers.
i. SWMU Nos. 21 and 26 refer to rail car unloading areas along the rail spurs near
the southern boundary of the Brownfields Property where product was unloaded directly into
tanker trucks for delivery offsite or into one or more of the 18 large capacity carbon steel product
storage tanks (SWMU No. 25). The railroad spurs were constructed in 1969 and were operated
until the mid- 1990s. In 1976, the product storage area (SWMU No. 25) was constructed on the
southeastern portion of the Brownfields Property; the storage area contained initially six tanks
that operated from 1976 to 1982, and then an additional 12 tanks were added. The capacity of the
tanks was reportedly as high as 30,000 gallons. The product storage tanks were reported to have
been leased by various businesses for raw product storage at the Brownfields Property. Once
ordered, the product would be transferred into a tanker truck for offsite delivery. A containment
berm was constructed in the late 1980s or early 1990s that enclosed the area by a 15-foot high
railroad embankment on one side and a three-foot soil berm on the remaining three sides. The
duration of the product storage tank use at the facility reportedly continued into the mid- 1990s.
Several releases were noted in this area prior to 1985.
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i. SWMU No. 21 may have been the location of a release of ethyl acrylate
to the ground during an unloading event for which CTI received a Violation Notice from the
Mecklenburg County Environmental Department.
ii. Over time the tanks in SWMU No. 25 were removed from the
Brownfields Property; in 2018, the remaining two carbon steel product storage tanks were
removed, but the concrete pad remains.
j. SWMU No. 22 refers to an area of unlined disposal trenches that were operated
from 1975 to about 1980. During this time, waste materials from the truck rinse operations were
placed in seven unlined trenches (10 feet wide x 350 feet long x 6 feet deep) located about 225
feet east of the main building. The unlined trenches associated with SWMU No. 22 were
reportedly drained of liquid, backfilled, and capped in 1980 by order of Mecklenburg County.
Additional assessment of this area has been performed as part of the Brownfields Program.
k. SWMU No. 23 refers to a wooded area that was previously used for the storage
of drums with unknown contents as noted in aerial photographs from 1978 until 1980 in the
northeastern portion of the Brownfields Property. Construction debris was also noted in this area
in 1994.
1. SWMU No. 24 refers to a gully area located on the northeastern portion of the
Brownfields Property that reportedly had been filled in with debris and covered with soil and
graded. This area contained scrap metal wastes including buried drums, concrete blocks, and
PVC piping. The source and date of placement for the disposed materials in this area is
unknown.
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m. SWMU No. 27 refers to the wastewater treatment plant that was originally
constructed in the late 1970s and removed in 1985, when it was replaced by the newer
wastewater treatment plant. Reportedly, this facility was poorly maintained with observations
of rusted tanks with holes and evidence of overflowing tanks.
n. SWMU No. 28 refers to an area that is believed to be the same as SWMU No.
10 and was later removed from consideration by the Hazardous Waste Section.
o. Historical confirmatory sampling in the early 1990s was reportedly conducted
for SWMU Nos. 2, 3, 4, 8, 12, 13, and 15. In 1995, confirmatory soil sampling was conducted in
the areas of eight SWMUs: SWMU Nos.: 5, 7, 9, 10, 22, 23, 24, and 27. In 1996, additional
confirmatory sampling was conducted in the area of SWMU Nos. 10 and 22. In the early to mid-
1990s, the Hazardous Waste Section determined that no further action was required for SWMUs
1, 2, 5, 6, 11, 14, 15, 16, 17, 18, 19, 20, and 28. In the Post -Closure Permit Report dated
February 7, 1996, CTI's consultant recommended that no further action is required for SWMUs
7, 9, 10, 23, 24, and 27.
p. In 1987, the Federal Bureau of Investigation (FBI) investigation at the
Brownfields Property was conducted based on evidence that employees were dumping untreated
rinse water from the tank washing operations into the CMUD sewer system without pretreatment
at the facility through the sewer clean out lines. Sworn testimony also indicated that ethyl
acrylate releases occurred at the Brownfields Property with subsequent improper onsite disposal
of impacted soil, and that the removal of sludge material from the onsite disposal trenches
(SWMU No. 22) was not conducted, but that the trenches were only covered with soil.
q. Two former boiler rooms were constructed on the main parcel, one northwest
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of the main building and the other east of the main building. The specific construction and
operation dates of the former boiler rooms are unknown, but they were used as part of the facility
tanker truck rinse operations. The former boiler room located east of the main building was
demolished in 2017. The former boiler room located northwest of the main building is currently
used for dry good storage.
r. A truck scale and associated building were constructed on the main parcel near
the southern boundary. It is estimated that the truck scale was operated from 1969 until 1992.
s. Groundwater investigation at the Brownfields Property in the late 1980s and
early 1990s indicated that volatile organic compounds (VOCs) were present in groundwater in
excess of NC groundwater standards. In 1992, a release incident (APS No. 8440) was reported
for 600 Melynda Avenue, a former address for the Brownfields Property. Twenty-four
monitoring wells were originally installed primarily as part of the assessment for the two
wastewater impoundments, although only five of these monitoring wells still remain on the
Brownfields Property with one monitoring well located offsite to the south of the Brownfields
Property.
t. On November 6, 2018, a suspected electrical fire occurred that is believed to
have been sparked by a truck parked in the maintenance area of the main building. No petroleum
or chemical storage containers, or secondary contaminant structures were reportedly involved in
the fire, nor were there reports of chemical release as a result of the fire. The Prospective
Developer and the current property owner are currently renovating and restoring this building for
operations.
u. To provide work space for displaced workers after the fire rendered the main
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building unusable, the Prospective Developer assembled a fully enclosed, 2,700-square foot steel
building on a concrete slab foundation southeast of the main building within close proximity to
the rail/former rail spur.
v. Recent site assessment and remedial activities have included the following:
i. On December 11, 2017, geophysical investigation was conducted using
electromagnetic (EM) metal detection and ground penetrating radar (GPR) methods across an
area of approximately 10,800 square feet to the south and west of SWMU No 13 and in the
general location of SWMU Nos. 14, 15 and 27. Based on the results of the geophysical survey,
no buried drums or USTs were identified in the survey area. EM anomalies and GPR reflections
were identified as metal debris, monitoring well covers, utility/drain lines, or interference from
nearby metal objects and structures.
ii. Recent soil, groundwater and/or soil gas sampling events were
conducted for the Brownfields Program within SWMU No. 23 (drum storage area) and SWMU
No. 24 (gully area) in 2018. In addition, groundwater, soil gas, and surface water assessments
were conducted in various locations.
iii. Soil sampling along the perimeter of SWMU Nos. 22 (unlined
trenches) and in the area of the planned retention basin in the eastern portion of the Brownfields
Property at depths representative of the excavated material for the retention pond was conducted
in 2018 and 2019, respectively. On February 28, 2019, geophysical surveys were conducted
using EM ground conductivity and GPR testing across the central portion of the trench area
(SWMU No. 22) to more accurately delineate the individual trenches in this area. The
geophysical testing was unsuccessful and additional soil sampling was conducted to delineate
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the footprint of the trench area. Confirmatory soil samples were then collected along the
perimeter of the presumed footprint and orange geotextile demarcation fabric barrier was placed
over the footprint with a minimum of six inches of gravel, denoted on the plat component of the
Notice of Brownfields Property referenced in paragraph 20 below.
iv. On February 19 - 20, 2018, the following ASTs were removed from the
Brownfields Property under an Environmental Management Plan (EMP) that is required by
subparagraph 15.d. of this Agreement and was approved on January 29, 2018: two 20,000-gallon
empty product storage tanks associated with SWMU No. 25; two 12,000-gallon empty fuel oil
tanks associated with SWMU No. 19; two 6,000-gallon empty wastewater holding tanks
associated with SWMU No. 11; and one 10,000-gallon empty water holding tank located on the
north side of the onsite main building. These ASTs and associated structures were dismantled by
SPATCO Petroleum Systems of Charlotte, NC and disposed of offsite by Concord Industrial
Services, Inc. of Concord, NC. The ASTs were reportedly in good condition with no reported
observations of associated leaks or spills.
v. One former six-inch diameter water supply well, WSW-2 (total depth
453 feet bgs) located on the main parcel was abandoned on December 11, 2017 in accordance
with North Carolina Administrative Code (NCAC) Title 15A, Subchapter 02C, Section .0200. A
production water supply well was on historically identified north of the onsite main facility
building; this well was not located during recent environmental assessment. This production
well was reportedly used to provide water for tanker and equipment cleaning purposes.
vi. On January 11 - 12, 2018, the former boiler building structure located
adjacent to WSW-2 (east of the main onsite building) and an abandoned trailer located near the
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former railroad spur and southeast of the main onsite building were demolished and removed
from the Brownfields Property. Approximately 10 tons of building materials were disposed of
as construction waste at the Greenway at North Mecklenburg Construction & Demolition
(C&D) Landfill in Huntersville, NC.
vii. A containment pad and berm located on the south side of the main
building had historically been the site of former ASTs used to store motor fuel (diesel) and motor
oil for transport trucks (SWMU 19). Sampling conducted for the Brownfields Program in 2018
in this area established a baseline to allow placement of a 500-gallon double -walled, dyed diesel
tank that FSI, Inc., an affiliate of the Prospective Developer, installed adjacent to this existing
containment pad and berm in 2018.
viii. From January 9 to February 9, 2018, the former concrete wastewater
trough (SWMU No. 8) and the floor drain in the former truck wash area (SWMU No. 16) were
abandoned. A total of 1,300 gallons of fluid from the trough/drain system was removed and
disposed of at the EVO Corporation facility in Winston-Salem, NC. In addition, gravel, dirt,
debris, and sludge that was subsequently removed, containerized, and disposed of offsite by
EVO Corporation.
ix. On January 16, 2018, one surficial soil sample was collected in the
approximate location of a gravel -stained area observed in December 2016 located near the
former waste water treatment building. On January 30, 2018, sub -slab soil gas samples were
collected within the onsite main facility building, the former boiler building and in the
wastewater treatment building.
x. In February 2019, soil and soil gas samples were collected from the
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proposed footprint of the planned 2,700 square foot steel building near the southern boundary of
the Brownfields Property, which is located within close proximity to SWMU Nos. 21 and 26. On
February 6, 2019, three sediment and two surface water samples were collected from the western
most stream located on the Brownfields Property.
xi. On June 19, 2019, buried debris including tires and crushed drums
were identified during soil disturbance in the filled in gully (SWMU No. 24). The debris was
stockpiled and soil adhering to the debris was analyzed. On September 10 to 12, 2019, the tires
were transported offsite and disposed of at U.S. Tire Recycling in Concord, NC, and the metal
debris was transported offsite and disposed of at Best Container Service, LLC in Troutman, NC
in early October 2019. Two confirmatory soil samples were collected within one foot of the base
of the debris. The soil adhering to the debris was transported and disposed of at the EVO
Corporation facility in Winston-Salem, NC along with the plastic used for stockpiling the debris.
xii. On March 20-21, 2019, a soil sample collected from the retention
basin area was found to contain bis(2-Ethylhexl) phthalate at a concentration that exceeded the
industrial/commercial PSRGs (February 2018 version). The soils in this area were excavated and
disposed offsite at the EVO Corporation facility in Winston-Salem, NC on September 27, 2019.
w. The site vicinity is largely industrial and commercial in nature, except for a
mobile home park at 533 Melynda Road north of the site.
x. Other potential sources of contamination in the vicinity include:
1) the Melynda Drum Site (518 Melynda Road), located approximately 350 feet
north and hydraulically cross -gradient to up -gradient of the Brownfields Property, where
multiple drums and various sized containers were removed from the facility as part of an EPA
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Removal Action in November 2010. A total of 7,850 pounds of ignitable hazardous waste and
2,900 pounds of non -hazardous paint cans and rainwater were reportedly removed; and
immediately south of and downgradient of the Brownfields Property:
2) Kloeckner Metals (1300 Exchange St.), a metal fabrication facility;
3) Express Container (1200 Exchange Street), which is identified on the RCRA
Large Quantity Generator (LQG) database and historically has had similar operations as the
Brownfields Property. Wastes generated at the Express Container facility are reported to be
ignitable and corrosive wastes, various metals such as arsenic, chromium, lead, and cadmium,
spent nonhalogenated solvents, benzene, chlorobenzene, carbon tetrachloride, and wastewater
treatment sludges from electroplating operations. This facility formerly operated as Express
Container Service and Dana Container in 1999 and Mast Brothers Tank Cleaning in 2002.
Violations were identified for this facility in 1999 and 2006; and
4) Feibus & Company Inc. (1420 Exchange Street), which was identified on the
UST, LUST, and IMD databases. A release incident was reported in 1993 when a 10,000-gallon
diesel UST was removed in 1993 from the site, and the regulatory status was closed.
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred October 8, 2019. The tables set forth in Exhibit 2 to this
Agreement present contaminants present at the Brownfields Property above applicable standards
or screening levels for each media sampled.
9. For purposes of this Agreement DEQ relies on Prospective Developer's
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
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submitting to DEQ a Brownfields Property Application (BPA) dated November 10, 2016 and an
Amended BPA dated November 28, 2016, and the following:
a. On September 27, 2016, DTJT Properties, LLC, an affiliate of the Prospective
Developer, contracted to purchase the Brownfields Property.
b. On February 12, 2018, DTJT Properties, LLC voluntarily withdrew as the
Prospective Developer and requested a Prospective Developer name change to an affiliated
company, Melynda Road Realty, LLC, which was granted.
c. FSI, Inc., an affiliate of Melynda Road Realty, LLC, has leased the
Brownfields Property and conducted operations on the Brownfields Property consistent with the
allowable land uses defined in subparagraph 15.a. below.
d. Melynda Road Realty, LLC and its affiliates have constructed a new metal
building on the Brownfields Property located at 620 Melynda Road, and have been involved with
the renovation of the building on the Brownfields Property located at 609 Melynda Road.
e. Melynda Road Realty, LLC and its affiliates have also been involved in
development of the Brownfields Property pursuant to Environmental Management Plans dated
January 29, 2018 and February 1, 2019, as amended.
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-
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310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
11. Prospective Developer will pay 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.
However, the total amount due will be offset by the amount of $7,500 paid by Bank of America,
N.A. in 2015 as the fee required to enter the same property into the Ready -for -Reuse
Brownfields program (Project No. 18041-14-092) prior to the withdrawal of said Ready -for -
Reuse application, resulting in a final payment of $500. 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
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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 portions of the Brownfields Property;
b. an increase in the Brownfields Property's productivity;
c. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
completed;
d. the creation of approximately 18-20 jobs full-time jobs after redevelopment is
e. an increase in tax revenue for affected jurisdictions;
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
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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. Within 60 days after the effective date of this Agreement or prior to land disturbance
activities, the Prospective Developer shall abandon, or cause to be abandoned, all monitoring
wells, injection wells, recovery wells, piezometers and other manmade points
of groundwater access at the Brownfields Property, and if granted access to do so, shall abandon
off -site monitoring well MW-19, 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.
16. By way of the Notice of Brownfields Property referenced below in paragraph 21,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.
a. No use may be made of the Brownfields Property other than for office, transit,
distribution, warehousing, container yard and depot operations, limited truck, equipment, and
container maintenance and repairs, container sales, intermodal transportation services, associated
parking, and with prior written approval from DEQ, other commercial uses. For purposes of this
restriction, the following definitions apply:
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i. "Office" is defined as the provision of business or professional services.
ii. "Transit" is defined as a station or stop for the carrying of people,
goods, or materials from one place to another.
of goods to customers.
iii. "Distribution" is defined as the packaging, transportation, and delivery
iv. "Warehousing" is defined as the use of a commercial building for
storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses
among others, and also refers to the storage of goods and materials for a specific commercial
establishment or a group of establishments in a particular type of industry or commercial
activity.
v. "Container yard" is defined as a facility at which shipping containers
are accepted for storage and loading onto their selected mode of transportation, and for storage of
empty containers.
vi. "Depot operations" is defined as a facility that receives, segregates,
inspects, stores, and/or distributes goods for delivery to customers.
vii. "Limited truck, equipment, and container maintenance and repair" is
defined as light maintenance and repair of trucks, chassis, onsite equipment, and shipping
containers, including welding, electrical repair, tire changes, and other minor vehicular
components. Note: these activities are subject to the terms of the Operational Maintenance Plan
in subparagraph 16.o. below.
viii. "Container sales" is defined as the sale of new or used shipping or
other containers to customers.
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ix. "Intermodal transportation services" is defined as the facilitation of the
shipping of various types of cargo by more than one transportation mode for delivery to the
customer.
x. "Parking" is defined as the temporary accommodation of motor vehicles
in an area designed for same.
xi. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. The Brownfields Property may not be used for residential purposes nor for
child care, adult care centers, or schools without the prior written approval of DEQ.
c. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan ("EMP") approved
in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of
the Brownfields Property during construction or redevelopment in any other form, including
without limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in
Exhibit 2 to this Agreement;
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iii. contingency plans for addressing, including without limitation the
testing of soil, groundwater, sub -slab vapor, soil gas, and newly discovered potential sources of
environmental contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators,
soil contamination), and final grade sampling; and
iv. plans for the proper characterization of and, as necessary, disposal of
contaminated soils excavated during redevelopment.
d. By January 31" 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
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v. removal of any contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
e. Surface water at the Brownfields Property may not be used for any purpose
other than in connection with legally compliant storm water collection and reuse
techniques without the prior written approval of DEQ.
f. Groundwater at the Brownfields Property may not be used for any
purpose without the prior written approval of DEQ.
g. No activity that disturbs soil on the Brownfields Property 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 16.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; or
iv. in connection to work conducted in accordance with a DEQ-
approved Environmental Management Plan (EMP) as outlined in subparagraph 16.c.
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h. No disturbance of soils below the demarcation fabric in the "Area of Soil
Contamination" on the Brownfields Property as delineated on the plat component of the Notice
of Brownfields Property described in paragraph 21 below may occur, except pursuant to an
approved EMP as described in subparagraph 16.c. above. The demarcation fabric in the "Area of
Soil Contamination" shall be covered and maintained with (i) six inches of gravel, or (ii) such
other cover as DEQ approves in writing.
i. Until it is demonstrated to DEQ's written satisfaction that it will not increase
the risk of mobilization of sub -slab contaminants into groundwater and that the public health and
environment will be protected from the risk of contaminant migration via groundwater, no floor
slab of any Existing Building may be removed from its current location, except 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. The term "Existing Building" is any building shown
on the plat component of the Notice of Brownfields Property referenced in Paragraph 21 filed
contemporaneously with this Agreement.
j. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined in Paragraph 16.c.
k. Except for the Existing Buildings as delineated on the plat component of the
Notice of Brownfields Property referenced in paragraph 21 below, no enclosed building may be
constructed on the Brownfields Property nor occupied until DEQ determines in writing that:
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i. the building is or would be protective of the building's users, public
health and the environment from risk of vapor intrusion based on site assessment data or a site -
specific risk assessment approved in writing by DEQ;
ii. the building is or would be sufficiently distant from
the Brownfields Property's groundwater and/or soil contamination based on assessment data
approved in writing by DEQ that the building's users, public health and the environment will be
protected from risk from vapor intrusion related to said contamination; or
iii. vapor intrusion mitigation measures are designed, installed and
implemented in a manner that will fully protect public health to the satisfaction of a professional
engineer licensed in North Carolina, as evidenced by said engineer's professional seal on a report
that includes photographs and a description of the installation and performance of said measures,
and to DEQ. Any design specification for vapor intrusion 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.
1. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
m. Any deed or other instrument conveying an interest in
the Brownfields Property shall contain the following notice: "This property is subject to the
Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in
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the Mecklenburg County land records, Book , Page ." A copy of any such instrument
shall be sent to the persons listed in Section XV (Notices and Submissions), though financial
figures and other confidential information related to the conveyance may be redacted to the
extent said redactions comply with the confidentiality and trade secret provisions of the North
Carolina Public Records Law. The owner may use the following mechanisms to comply with the
obligations of this paragraph: (i) If every lease and rider is identical in form, the owner
conveying an interest may provide DEQ with copies of a form lease or rider evidencing
compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XV (Notice and Submissions); or (ii) The owner conveying an
interest may provide abstracts of leases, rather than full copies of said leases, to the persons listed
in Section XV.
n. Unless approved by DEQ in writing in advance, storage of fuels or waste oils
in underground storage tanks (USTs) is prohibited at the Brownfields Property.
o. All limited truck, equipment, and container maintenance and repair as defined
in subparagraph 16.a.vii. shall be managed in compliance with a site -specific Operational
Management Plan (OMP) that has been prepared by the then owner of the Brownfields Property
and approved in writing by DEQ such that, should a release of those substances occur at
the Brownfields Property, the subject contaminants in that release would be distinguishable with
certainty from the subject contaminants in any known release at the Brownfields Property that
predates this Agreement. Such OMP shall identify the permitted locations for any above ground
storage tanks (ASTs), waste facilities (excluding municipal solid waste and domestic waste),
parts washer equipment, and other areas of chemical or petroleum product storage at the
W.
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Brownfields Property, and shall document any secondary containment required by DEQ in these
areas and best management practices pertaining to the handling and storage of these chemicals or
products, including spill control measures. Should additions or changes in such operations take
place in the future, said OMP shall be modified by the proponent of the operational
additions/changes to address said operational additions/changes.
p. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement, and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at
the Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping
and maintenance activities;
ii. as constituents of fuels, lubricants and oils in 1) emergency generators,
machinery, equipment and vehicles in on -board tanks integral to said equipment, machinery, or
vehicles, or 2) in flammable liquid storage containers totaling no more than 25 gallons;
iii. for limited minor truck, equipment, or container maintenance and
repair as defined in subparagraph 16.a.vii. above in compliance with applicable law and the
OMP referenced in subparagraph 16.o. above (though vehicle parts and tools may not be washed
in liquids containing any chlorinated solvents);
iv. in products or materials that are brought onto the Brownfields Property,
kept in their original packaging or containers (that is, not used or repackaged) and later removed
from the Brownfields Property in the original packaging or containers, except that pre -packaged
39
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items may be transferred between shipping containers as long as such products or materials
remain in their original packaging; or
v. as constituents of products and materials customarily used and stored in
warehousing and office environments, provided such products and materials are stored in
original retail packaging and used, stored, and disposed of in accordance with applicable laws.
q. With the exception of work conducted in accordance with paragraph 15 above,
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.
r. The Brownfields Property may not be used for ground -contact sports of any
kind, including, but not limited to, golf, football, soccer and baseball, without the prior written
approval of DEQ.
s. The Brownfields Property may not be used for kennels, private animal pens or
horse -riding unless approved in writing in advance by DEQ.
t. The Brownfields Property may not be used for agriculture or grazing, without
the prior written approval of DEQ.
u. During January of each year after the year in which the Notice referenced
below in paragraph 21 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 Mecklenburg County,
.O
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certifying that, as of said January 1 st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that
the land use restrictions are being complied with. The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact
person's e-mail address of the owner or approved entity submitting the LURU if said owner or
each of the owners on whose behalf the joint LURU is submitted acquired any part of
the Brownfields Property during the previous calendar year;
ii. the transferee's name, mailing address, telephone and facsimile
numbers, and contact person's e-mail address, if said owner or each of the owners on whose
behalf the joint LURU is submitted transferred any part of the Brownfields Property during the
previous calendar year;
iii. whether the cover (hardscape materials, clean soil, stone) required by
subparagraph 16.h. above is being inspected and maintained to prevent erosion of said cover
and/or human exposure to contaminated soil or other media;
iv. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 16.k.iii. above are performing as designed, and whether the uses of the ground
floors of any buildings containing such vapor barrier and/or mitigation systems have changed,
and, if so, how; and
v. whether any changes to the OMP prepared pursuant to subparagraph
16.o. above have occurred, and if so, how.
17. 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
41
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public health and the environment.
18. The guidelines, including parameters, principles and policies within which the
desired results are to be accomplished are, as to field procedures and laboratory testing, the
Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund Section and the Division
of Waste Management Vapor Intrusion Guidance, as embodied in their most current version.
19. 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
20. In addition to providing access to the Brownfields Property pursuant to subparagraph
16.1. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
42
CENCO, Inc./18050-14-060/20Nov2019

of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
21. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property for the Brownfields Property containing, inter alia, the land use restrictions set forth in
Section V (Work to Be Performed) of this Agreement and a survey plat of the Brownfields
Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date of this
Agreement, Prospective Developer shall file the Notice of Brownfields Property in the
Mecklenburg 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.
22. 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 Mecklenburg 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,
43
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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
M
23. 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
24. 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 36.a. below of
any such required notification.
CENCO, Inc./18050-14-060/20Nov2019

VIII. CERTIFICATION
25. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated November 20, 2016, and by the Amended
Brownfields Property Application dated November 28, 2016 filed by DTJT Properties, LLC and
subsequently transferred to Prospective Developer, by which it applied for this Agreement, and
the uses described in paragraph 16.a., that are none other than office, transit, distribution,
warehousing, container yard and depot operations, limited truck, equipment, and container
maintenance and repairs, container sales, intermodal transportation services, associated parking,
and with prior written approval from DEQ, other commercial uses. Prospective Developer also
certifies that to the best of its knowledge and belief it has fully and accurately disclosed to DEQ
all information known to Prospective Developer and all information in the possession or control
of its officers, directors, 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
26. 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
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or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
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
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CENCO, Inc./I8050-14-060/20Nov2019

unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
27. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
28. 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 M.
29. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 26 through 28 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
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X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
30. In consideration of DEQ's Covenant Not To Sue in Section IX of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above -referenced Notice of Brownfields Property.
XI. PARTIES BOUND
31. 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
32. 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.
33. Except for the land use restrictions set forth in paragraph 16 above and NCGS §
130A-310.33(a)(l)-(5)'s provision of the Act's liability protection to certain persons to the same
M.
CENCO, Inc./I8050-14-060/20Nov2019

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
34. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XIV. PAYMENT OF ENFORCEMENT COSTS
35. If the Prospective Developer fails to comply with the terms of this Agreement,
CENCO, Inc./18050-14-060/20Nov2019

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
36. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information, all notices and submissions pursuant to this Agreement shall be
sent by prepaid first class U.S. mail, as follows:
a. for DEQ:
Brownfields Property Management Unit (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:
Mr. Tim A. Frye, Sr. (or successor in function)
Melynda Road Realty, LLC
1127 Tar Heel Road
Charlotte, North Carolina 28208
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
37. 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
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CENCO, Inc./I8050-14-060/20Nov2019

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.
XVIL TERMINATION OF CERTAIN PROVISIONS
38. 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
39. 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.
40. 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.
41. The Prospective Developer also agrees that, with respect to any suit or claim for
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contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XIX. PUBLIC COMMENT
42. 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:
MELYNDA ROAD REALTY, LLC
By:
Tim A. Frye, Sr.
Manager
52
Date
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REFERENCES: SCALE:1:24,000
1. USGS TOPOGRAPHIC QUADRANGLE: MOUNTAIN ISLAND, NC - 2016
2. PROPERTY BOUNDARY FROM MECKLENBURG COUNTY 0 1,000 2,000 4,000
GIs Feet
EXHIBIT 1 DRAWN DATE:
SITE LOCATION MAP BY: NOVEMBER 2019
DRAFT JOB NO:
M-dA �j FORMER CENCO, INC PROPERTY CHECK: JFS H 1156.00 Task 50000
E.j-1 &t''EoW� tsai antic n, 609 MELYNDA DRIVE ENG. GIS NO:
CHARLOTTE, NORTH CAROLINA CHECK: 05G-H1156.50-01
APPROVAL: GDI FIG NO: 1

Exhibit 2
The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on October 8, 2019. The following tables set forth, for
contaminants present at the Brownfields Property above unrestricted use standards or screening
levels, the maximum concentration found at each sample location, and the applicable standard or
screening level. Screening levels and groundwater and surface water standards are shown for
reference only and are not set forth as cleanup levels for purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
the standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, (April 1, 2013 version):
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Maximum
Concentration
Exceeding
Standard
(µg/L)
Date of
Most
Recent
Sampling
Most Recent
Concentration
(µg/L)
Standard
Gµg/L)
Benzene
MW-7
12/27/2007
134
2/14/2018
2.5
1
MW-7
5/8/1997
630
2/14/2018
29.8
Chlorobenzene
MW-13
12/9/2005
34
2/13/2018
5.8
50
Chromium
MW-18
2/25/2014
48.6
2/25/2014
48.6
10
1,4-
MW-7
12/11/2000
110
2/14/2018
2
Dichlorobenzene
MW-13
4/28/1998
6.8
2/14/2018
0.64J
6
MW-2
5/18/1999
40
2/25/2014
1.1
MW-7
12/16/1999
7.7
2/14/2018
<0.34
Dishloroethane
MW-8
5/8/1997
110
4/28/1998
74
6
MW-13
12/19/1997
16
2/14/2018
0.74J
MW-16
5/18/1999
11
2/25/2014
<0.05
MW-2
5/18/1999
194
2/25/2014
7.1
Cis-1,2-
MW-7
5/18/1999
530
2/14/2018
3.2
Dichloroethene
MW-8
12/19/1997
590
4/28/1998
220
70
MW-13
2/25/2014
380
2/13/2018
303
MW-2
2/25/2014
414
2/25/2014
414
MW-7
2/25/2014
2,150
2/25/2014
2,150
Manganese
MW-13
2/25/2014
2,020
2/25/2014
2,020
50
MW-18
2/25/2014
247
2/25/2014
247
MW-7
12/16/1999
21.3
2/14/2018
<0.22
TW-5
2/13/2018
2.4
2/13/2018
2.4
Tetrachloroethene
W �
DupTW-8
2/13/2018
29.5/35.7
2/13/2018
29.5/35.7
0.7
2/13/2018
0.79J
2/13/2018
0.79J
TW-9
2/13/2018
7.2
2/13/2018
7.2
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Maximum
Concentration
Date of
Most Recent
Groundwater
Sample
Date of
Most
Standard
Exceeding
Concentration
Contaminant
Location
Sampling
Standard
Recent
(µg/L)
(µg/L)
Sampling
(µg/L)
MW-2
6/27/2000
6.3
2/25/2014
<0.13
MW-7
12/16/1999
21
2/14/2018
<0.35
MW-8
12/19/1997
54
12/19/1997
54
MW-13
12/19/1997
6
2/1/4/2018
<0.69
Trichloroethene
TW-5
2/13/2018
7.0
2/13/2018
7.0
3
TW-6
2/13/2018
7.1
2/13/2018
7.1
TW-7/
2/13/2018
27.6/30.5
2/13/2018
27.6/30.5
Dup 7
TW-8
2/13/2018
48.2
2/13/2018
48.2
TW-9
2/13/2018
10.8
2/13/2018
10.8
MW-2
5/18/1999
53
2/25/2014
<0.083
MW-7
5/8/1997
160
2/14/2018
1.0
Vinyl Chloride
0.03
MW-8
4/28/1998
190
4/28/1998
190
MW-13
2/ 14/2018
51.1
2/ 14/2018
51.1
CENCO, Inc./18050-14-060/08Nov2019

GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are derived
from the Non -Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (February 2018 version):
Groundwater
Maximum
Non -
Contaminant
Concentration
Date of
Most Recent
Residential
with Potential
Sample
Date of
Exceeding
Most
Concentration
Screening
for Vapor
Location
Sampling
Screening
Recent
(µg/L)
Level'
Sampling
Intrusion
Level (µg/L)
(µg/L)
Benzene
MW-7
12/27/2007
134
2/14/2018
2.5
69
Chlorobenzene
MW-7
5/8/1997
630
2/14/2018
29.8
340
1,4-
MW-7
12/ 11 /2000
110
2/14/2018
2
110
Dichlorobenzene
1,1-
MW-8
5/8/1997
110
4/28/1998
74
98
Dichloroethane
MW-2
6/27/2000
6.3
2/25/2014
<0.13
MW-7
12/16/1999
21
2/14/2018
<0.35
MW-8
12/19/1997
54
12/19/1997
54
MW-13
12/19/1997
6
2/1/4/2018
<0.69
Trichloroethene
TW-5
2/13/2018
7.0
2/13/2018
7.0
4.4
TW-6
2/14/2018
7.1
2/14/2018
7.1
TW-7/
2/13/2018
27.6/30.5
2/13/2018
27.6/30.5
Dup 7
TW-8
2/13/2018
48.2
2/13/2018
48.2
TW-9
2/13/2018
10.8
2/13/2018
10.8
MW-2
5/18/1999
53
2/25/2014
<0.083
MW-7
5/8/1997
160
2/14/2018
1.0
Vinyl Chloride
25
MW-8
4/28/1998
190
4/28/1998
190
MW-13
2/14/2018
51.1
1 2/14/2018
1 51.1
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.
CENCO, Inc./18050-14-060/08Nov2019

SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial Health- Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section
(February 2018 version):
Soil Contaminant
Sample
Location
Depth (ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level (mg/kg)
Industrial
Screening
Level'
(mg/kg)
Aroclor 1254
SB-28/SB-29
2-3
1/16/2018
4.58
0.97
SB-54
0-1
3/21/2019
0.991
0.97
Arsenic
SB-34
2-3
2/6/2019
3.3
3
SB-66
5.5-5.7
7/3/2019
6.6
SB-66 Surface
0-0.5
8/20/2019
3.2J
Benzo(g,h,i)perylene
FG-9
0-0.5
9/19/2019
0.496
NS
Bis(2-
ethylhexyl)phthalate
NEB
Unknown
1/2/1992
317.21
160
Chromium,
Hexavalent
SB-66
5.5-5.7
7/3/2019
230E
6.5
Chromium, Total
CT-1
13
11/28/1995
73
6.53
CT-6
3
11/28/1995
87.1
HA-12
8.5-9
4/25/1995
53.8
HA-14
3-3.5
4/26/1995
72
HA-2
3.5-4
4/24/1995
37.7
HA-9
3.5-4
4/25/1995
72.4
SB-15
1.5
1/15/2018
34.6
SB-26/SB-272
2-3
1/16/2018
40.4
SB-28/SB-292
2-3
1/16/2018
60.5
SB-302
1-2
1/16/2018
54.7
SB-31 DUP-2
1-2
1/16/2018
30.2
SB-32
1.5
1/16/2018
72.6
SB-33
0.5-2
2/6/2019
40.4
SB-34
2-3
2/6/2019
36.2
SB-624
6-8
4/4/2019
39.2
SB-644
8-10
4/4/2019
117
SB-654
5-7
4/4/2019
33
SB-665
5.5-5.7
7/3/2019
280
SB-67
7-8.5
7/3/2019
39.9
CENCO, Inc./18050-14-060/08Nov2019
4

Soil Contaminant
Sample
Location
Depth (ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level (mg/kg)
Industrial
Screening
Level'
(mg/kg)
Chromium, Total
Trench 4/2
2
11/8/1995
286
6.53
TW-8
1-2
2/7/2018
87.3
Ethyl alcohol
FG-9
0-0.5
9/19/2019
1.7
NS
SB-17
2-3
2/9/2018
6.630JB
SB-18
2-3
2/9/2018
8.250JB
SB-19
2-3
2/9/2018
8.540JB
SB-20
2-3
2/9/2018
6.220JB
SB-21
2-3
2/9/2018
7.390JB
SB-22
2-3
2/9/2018
6.560JB
SB-23
2-3
2/9/2018
9.450JB
SB-24
2-3
2/9/2018
7.830JB
SB-32
1.5
1/16/2018
0.149J
p-Isopropyltoluene
FG-8
0-0.5
9/19/2019
0.0015J
NS
FG-9
0-0.5
9/19/2019
0.102
FG-10
0-0.5
9/19/2019
0.0109
SB-28
2-3
1/16/2018
0.0052J
SB-30
1-2
1/16/2018
0.218J
Phenanthrene
FG-9
0-0.5
9/19/2019
0.160J
NS
PCB 105
SB-29A
2-3
4/11/2018
0.495
0.49
PCB 118
SB-29A
2-3
4/11/2018
1.07
0.49
PCB 126
SB-29A
2-3
4/11/2018
0.00257
0.00015
SB-54
0-1
3/21/2019
0.00232
0.00015
PCBs (high risk)
SB-29A
2-3
4/11/2018
14.354414
0.95
SB-54
0-1
3/21/2019
5.059654
TCDD, 2,3,7,8-
SB-29A
2-3
4/11/2018
0.0003181
0.000022
SB-54
0-1
3/21/2019
0.000257352
0.000022
1,2,4-
Trichlorobenzene
CT-3
12
11/28/1995
170
55
'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.
2Composited sample; soil sample SB-30 was composited with a sample located just north of the
Brownfields Property line.
TTotal chromium values for site soil samples, although not speciated for hexavalent chromium, are
compared to the industrial screening level for hexavalent chromium because hexavalent chromium has
been detected in one soil sample from the Brownfields Property in exceedance of the hexavalent
chromium industrial screening level. Based on the laboratory analytical results of site -specific soil
CENCO, Inc./18050-14-060/08Nov2019

samples analyzed for both total chromium and hexavalent chromium, it was observed that hexavalent
chromium was not detected in excess of its Industrial Screening Level of 6.5 mg/kg in samples where
total chromium concentrations were 30 mg/kg or less. Therefore, if hexavalent chromium was not
speciated for a particular soil sample, only those samples with total chromium results in excess of 30
mg/kg are reported on the table.
a Soil represented by these data points has been excavated from its original location and redistributed at
the Brownfields Property in accordance with the DEQ-approved Environmental Management Plan.
5Sample submitted for speciation of hexavalent chromium.
B- Compound detected in the laboratory method blank analysis associated with the sample.
E — Quantitation of hexavalent chromium exceeded the laboratory calibration range
J — Value is estimated between the method detection limit and the laboratory reporting limit
NS — No screening level established
Note: Background concentrations of metals were identified in soil samples taken from soil in the site
vicinity (BG-1, BG-2 and BG-3) on January 16, 2018. Background values detected for metals, in
milligrams per kilogram, were as follows: arsenic, 0.97J to 1.5J; barium, 27.9J to 246; total chromium, 22
to 108; and lead, 2.5J to 9.7; and mercury, <0.0049 to 0.15.
CENCO, Inc./18050-14-060/08Nov2019

SOIL GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from Non -Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (February 2018 version):
Soil Gas Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening Level
(µg/m)
Non -Residential
Screening Level'
(µg/m)
SGB-1
5/2/2018
17J
1,3-Dichlorobenzene
NS
SGB-3
5/2/2018
26
SGB-5
2/6/2019
9.5
SGB-6A
2/6/2019
18
Trans-1,2-
Dichloroethene
SGB-5A
2/6/2019
5.3
NS
SGB-5
2/6/2019
6.8
4-Ethyltoluene
SGB-5A
2/6/2019
13
NS
SGB-6A
2/6/2019
14
Tertiary Butyl Alcohol
SGB-3
5/2/2018
1.5J
NS
SGB-1
5/2/2018
7,050
UP-9)
5/2/2018
10,800
Tetrachloroethene
3,500
SGB-2
5/2/2018
4,250
SGB-6A
2/6/2019
3,900
SGB-5
2/6/2019
1.81
SGB-5A
2/6/2019
2.4J
Trichlorofluoromethane
NS
SGB-6
Dup 10
2/6/2019
1.4J
SGB-6A
2/6/2019
4.9J
'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.
NS — No screening level established
CENCO, Inc./18050-14-060/08Nov2019

SUB -SLAB VAPOR
Sub -slab vapor contaminants in micrograms per cubic meter, the screening levels for
which are derived from Non -Residential Vapor Intrusion Screening Levels of the Division of
Waste Management (February 2018 version):
Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening Level
(µg/m )
Non -Residential
Screening
Levell(µg/m3)
Chloroform
SSV-5
1/30/2018
825
530
m-Dichlorobenzene
SSV-1
10/8/2019
18
NS
SSV-1 Dup
10/8/2019
14
SSV-4
1/30/2018
3.6J
Cis-1,2-
Dichloroethene
SSV-1
10/8/2019
190
NS
SSV-1 Dup
10/8/2019
200
SSV-2
1/30/2018
5,270
SSV-2 Dup
1/30/2018
3,570
SSV-3
1/30/2018
2.lJ
SSV-4
1/30/2018
40
SSV-7
1/30/2018
7.9
SSV-7 Dup
1/30/2018
9.1
Trans-1,2-
Dichloroethene
SSV-1
10/8/2019
380
NS
SSV-1 Dup
10/8/2019
400
SSV-2
1/30/2018
54.7J
SSV-4
1/30/2018
38
Ethanol
SSV-1
1/30/2018
607
NS
SSV-1
10/8/2019
380
SSV-1 Dup
10/8/2019
380
SSV-2
1/30/2018
290
SSV-3
1/30/2018
24.5
SSV-4
1/30/2018
347
SSV-5
1/30/2018
54.3
SSV-6
1/30/2018
77.1
SSV-7
1/30/2018
13
SSV-7 Dup
1/30/2018
13
SSV-8
1/30/2018
15
SSV-9
1/30/2018
64.4
4-Ethyltoluene
SSV-1
10/8/2019
540
NS
SSV-1 Dup
10/8/2019
490
CENCO, Inc./18050-14-060/08Nov2019

Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening Level
(µg/m3)
Non -Residential
Screening 3
Level'(µg/m )
SSV-1
1/30/2018
16J
Tertiary Butyl
Alcohol
NS
SSV-3
1/30/2018
6.4
SSV-4
1/30/2018
77.6
SSV-5
1/30/2018
28
SSV-6
1/30/2018
8.81
Tetrachloroethylene
SSV-6
1/30/2018
4,350
3,500
SSV-6
5/2/2018
6,340
1,1,2-
Trichloroethane
SSV-1
10/8/2019
21
18
SSV-1 Dup
10/8/2019
26
SSV-3
1/30/2018
16
SSV-4
1/30/2018
30
2,2,4-
Trimethylpentane
SSV-7
1/30/2018
23
NS
SSV-7 Dup
1/30/2018
8.9
SSV-8
1/30/2018
13
SSV-9
1/30/2018
10,700
SSV-2
1/30/2018
12,000
SSV-2
(DUP-3)
1/30/2018
9,280
Vinyl chloride
2,800
'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.
NS — No screening level established
J — Estimated value between the method detection limit and the reporting limit.
CENCO, Inc./18050-14-060/08Nov2019

SURFACE WATER
Surface water contaminants (in micrograms per liter, the equivalent of parts per billion),
the unrestricted use standards for which are contained in Title 15A of the North Carolina
Administrative Code, Subchapter 2B, Rule .0208 (June 10, 2019 version):
Concentration
Surface Water
Sample
Date of
Exceeding
Standard
Contaminant
Location
Sampling
Standard
(µg/L)
(µg/L)
Cis-1,2-Dichloroethene
SW-4
2/6/2019
0.60J
NS
Lead
SW-4
2/6/2019
0.20J
NS
Mercury
SW-4
2/6/2019
0.111
0.012'
'Aquatic Life & Secondary Recreation Class C Freshwater
NS - No standard established
J — Estimated value between method detection limit and reporting limit
CENCO, Inc./18050-14-060/08Nov2019
10

SEDIMENT
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial Health- Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section
(February 2018 version):
Concentration
Industrial
Sediment
Sample
Depth (ft)
Date of
Exceeding
Screening
Contaminant
Location
Sampling
Screening
Level'
Level (mg/kg)
(mg/kg)
ESSED-2
0.5
2/6/2019
38.7
Chromium, Total
6.53
PSED-1
0.5
1/24/2018
40.8
SSED-2
0.5
1/24/2018
88.2
SSED-3
0.5
1 1/24/2018
1 97.5
'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.
2Total chromium values for site sediment samples, although not speciated for hexavalent chromium, are
compared to the industrial screening level for hexavalent chromium because hexavalent chromium has
been detected in one soil sample from the Brownfields Property. Based on the laboratory analytical
results of site -specific soil samples analyzed for both total chromium and hexavalent chromium, it was
observed that hexavalent chromium was not detected in excess of its Industrial Screening Level of 6.5
mg/kg in samples where total chromium concentrations were 30 mg/kg or less. Therefore, if hexavalent
chromium was not speciated for a particular soil sample, only those samples with total chromium results
in excess of 30 mg/kg are reported on the table.
CENCO, Inc./18050-14-060/08Nov2019
11

FLOOD CERTIFICATION
NOTICE OF LEGAL ACTION:
UNDERGROUND UTILITY DISCLAIMER:
GPS STATEMENT:
THIS IS TO CERTIFY THAT THE PROPERTIES SHOWN ON THIS PLAT ARE NOT
LOCATED IN A SPECIAL FLOOD HAZARD AREA AS SHOWN ON MAPS
PREPARED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL
INSURANCE ADMINISTRATION, COMMUNITY NUMBER 371045-3600—K DATED
SEPTEMBER 2. 2015.
THIS DRAWING AND/OR THE DESIGN SHOWN IS THE PROPERTY OF THE
ISAACS GROUP, PC.. THE REPRODUCTION, ALTERATION, COPYING OR OTHER
USE OF THIS DRAWING WITHOUT THE ISAACS GROUP P.C.'S WRITTEN
CONSENT IS PROHIBITED AND ANY INFRINGEMENT WILL BE SUBJECT TO
LEGAL ACTION.
5 ZONING DISCLAIMER:
NO ZONING REPORT OR ZONING VERIFICATION LETTER WAS PROVIDED TO THE
ISAACS GROUP P.C. IT IS THE RESPONSIBILITY OF THE LAND OWNER AND/OR
DEVELOPER TO VERIFY THE ZONING REQUIREMENTS AND LAND DEVELOPMENT I 3
SITE STANDARDS PRIOR TO CONVEYANCE AND/OR DEVELOPMENT.
I A
I N/F l a a
LAND OF 3
----
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VICINITY MAP NOT TO SCALE LAND OF o
UNDERGROUND UTILITIES SHOWN HEREON ARE A GRAPHICAL REPRESENTATION
OF THEIR APPROXIMATE LOCATION ONLY AND MAY NOT BE A COMPLETE
INVENTORY OF ALL UTILITIES. EXACT LOCATIONS AND A COMPLETE INVENTORY
OF EXISTING UTILITIES REQUIRES VACUUM EXCAVATION OR SIMILAR
NON-DESTRUCTIVE FORM OF VERIFICATION, WHICH HAS NOT BEEN PERFORMED
ON THIS PROJECT. THE ISAACS GROUP, P.C. ACCEPTS NO RESPONSIBILITY FOR
THE EXACT LOCATION OF SITE UTILITIES SHOWN OR FOR UTILITIES NOT SHOWN
ON THIS MAP. PRIOR TO COMMENCEMENT OF ANY EXCAVATION, CONTACT 811
(WWW.CALL81l.COM) OR A PRIVATE UTILITY LOCATOR AS NEEDED TO VERIFY
THE LOCATIONS AND EXISTENCE OF EXISTING UTILITIES.
N/F
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SSMH SANITARY SEWER MANHOLE
I JOHN & BARBARA LOCKLEAR I DEED BK-3667, PG-965 I a m
PID #05712301 PLAT BK-1166, PG-235 BOBBY PID # 57 IM BAUCOM l
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THE ISAACS GROUP SURVEY DATUM FOR THIS PROJECT:
COORDINATE SYSTEM: US STATE PLANE 1983 (2011 HARN ADJUSTMENT)
ZONE: NORTH CAROLINA 3200
PROJECT DATUM: NAD 1983 (2011 HARN ADJUSTMENT)
VERTICAL DATUM: NAVD 88 GEOID MODEL = GEOID 12A (CONUS)
COORDINATE UNIT: US SURVEY FEET
PROJECT LOCALIZED (GRID TO GROUND): POINT #5001 (AKA #573)
NORTHING: 561762.569' EASTING: 1431031.100' ELEVATION: 768.54'
USING A GROUND SCALE FACTOR OF 0.999840813344 GRID TIE:
NGS MONUMENT "243 AZ"
GRID COORDINATES (NAD 83)
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SB-21 — SGB-2 N #4 REBAR
- E/G �
O SB-22
CONCRETE � 1
PAD �TW-8
CONCRETE SB-24
�� SW-4 FND
PAD O O 1.5"EIP � /� i0l'
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BROWNFIELDS PROPERTY LINE Fic N
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08.59 WINDY RIDGE DEVELOPMENT, INC.
PID #057011196
�j�5�61 DEED BK-11382, PG-330
PIEDMONT & NO _ _ PLAT BK-36, PG-411
NORTHERN RAILROAD —� — — -R _
N/F NOW OR FORMERLY R/W - - - , - - I 1 DEED BK-0269 PG-650 /W
R/W RIGHT OF WAY - - - _
E/P EDGE OF PAVEMENT - - - - z
U
E/G EDGE OF GRAVEL - - - CD CO
co
L
w
0
MONUMENTATION FOUND
NOTES:
- - - -
A
CALCULATED POINT
1. THE SOLE PURPOSE OF THIS PLAT IS DEPICT THE LIMITS OF THE
- - - -
I
BROWNFIELDS AREA(S), LIST OF CONTAMINANTS, AND RELATED
I
-
- - -
OL
CONCRETE MONUMENT
LAND USE RESTRICTIONS.
- - - - -
N/F
®
BENCHMARK
2. THE OFF -SITE RIGHT-OF-WAYS SHOWN HEREON ARE FOR
LAND OF
- - -
ILLUSTRATIVE PURPOSES ONLY. THE UNDERSIGNED CERTIFIES ONLY
NAMASCO CORPORATION
QS
SEWER MANHOLE
TO THE RIGHT-OF-WAYS SURVEYED, AND DOES NOT CERTIFY TO
PID #05702107
- - R/W
THE RIGHT-OF-WAY WIDTH OF ANY ADJACENT PROPERTIES.
DEED BK-27650, PG-662
LIGHT POLE
PLAT BK-24, PG-524
3. SUBJECT TO ANY AND ALL EASEMENTS, RIGHTS -OF -WAY,
`oi
POWER POLE
RESTRICTIONS, COVENANTS, AND ENCUMBRANCES, OF RECORD OR
N/F
O
DEEP MONITORING WELL LOCATION
IMPLIED.
4. THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF A TITLE
I
LAND OF
NORTHEAST PEAL PROPERTY
SHALLOW MONITORING WELL LOCATION
COMMITMENT REPORT. THE ISAACS GROUP, P.C. DOES NOT CLAIM
I
HOLDING OF CHARLOTTE, LLC
THAT ALL MATTERS OF RECORD WHICH MAY OR MAY NOT AFFECT
PID #05702114
®
SUB -SLAB VAPOR MONITORING POINT LOCATION
THE SUBJECT PROPERTY ARE SHOWN HEREON.
I
DEED BK-24685, PG-266
PLAT BK-14, PG-383
STATE OF NORTH CAROLINA
SURFACE WATER SAMPLE LOCATION
5. ALL DISTANCES SHOWN ON THIS MAP ARE HORIZONTAL GROUND
COUNTY OF MECKLENBURG
I
UNLESS OTHERWISE NOTED.
O
SOIL BORING LOCATION
I,_________ REVIEW OFFICER OF
SOIL GAS BORING
6. BUILDING LOCATES DERIVED FROM MECKLENBURG COUNTY GIS
MECKLENBURG COUNTY, CERTIFY THAT THE MAP OR PLAT TO WHICH
THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS
1
LOCATION
SEDIMENT SAMPLE
7. NO CHANGES IN STREET RIGHT OF WAY LINES ARE KNOWN TO THE
SURVEYOR AND THERE ARE NO OBSERVABLE EVIDENCE OF RECENT
FOR RECORDING.
LOCATION
STREET IMPROVEMENTS.
Know below.
TEMPORARY MONITORING WELL LOCATION
-------------------------------
what's
8. THE AREAS AND TYPES OF CONTAMINATION DEPICTED HEREON ARE
REVIEW OFFICER DATE
SURVEYORS CERTIFICATE:
Call before you dig.
BROWNFIELDS PROPERTY LINE
APPROXIMATIONS DERIVED FROM THE BEST AVAILABLE INFORMATION
�`11�I�11�� �7��'I
FENCE LINE
AT THE TIME OF FILING. A LISTING OF THE TECHNICAL REPORTS
USED TO PREPARE THIS PLAT ARE AVAILABLE IN THE BROWNFIELDS
I, STEPHEN S. DYER, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY
SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION
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EXHIBIT B TO THE NOTICE OF BROWNFIELDS
AGREEMENT FOR THIS PROPERTY.
(DEED
DESCRIPTION RECORDED IN DEED BK-3021, PG-513 AND DEED BK-7954,
♦ .•• � i
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PROPERTY —SURVEY PLAT
9. OVER ALL BROWNFIELD AREA: 655,617 SQUARE FEET 15.05 ACRES
( )
NOT SUBJECT TO
PG-882); THAT THE SURVEY IS OTHER ANOTHER CATEGORY SUCH AS A
GROUP, P.C.
CENCO, INC. PROPERTY
OHU
OVERHEAD UTILITY
10. ALL PROPERTY CORNERS MONUMENTED AS SHOWN.
THIS PLAT IS NOT SUBJECT TO THE PROVISIONS OF THE MECKLENBURG
BROWNFIELD SURVEY; THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY
INDICATED AS DASHED LINES DRAWN FROM ADJOINING DEED SOURCES AS SHOWN
SEAL =
= -
_ _
_
-
- ENGINEERING & =
= C7 I
PID #05712101 & 05712102 - 609 & 620 MELYNDA ROAD
FORMER PONDS NOS. 1 & 2
11. AREAS CALCULATED BY COORDINATE GEOMETRY.
COUNTY SUBDIVISION ORDINANCES AND DOES NOT REQUIRE THE
HEREON; THAT THE RATION OF PRECISION EXCEEDS 1:10,000; THAT THIS PLAT
WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY
L-3509 _
,� �,�
- m ;LAND SURVEYING; oz _
�� NO. C-1069
CITY OF CHARLOTTE, MECKLENBURG COUNTY, NORTH CAROLINA
APPROVAL OF THE MECKLENBURG PLANNING COMMISSION. HOWEVER,
ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL.
.� O.
-�
_A ; ; /�
,
BROWNFIELD PROJECT ID#18050-14-060
+ + + + +
AREA OF SOIL CONTAMINATION
ANY FURTHER SUBDIVISION OF THIS PROPERTY MAY BE SUBJECT TO
i� •.ti •
. S suR�1`: �`
T Q
'• i '••. •� 1. ♦`
OWNER OF RECORD: CENCO INC.
EXISTING BUILDING
12. SUBJECT PARCEL ID#:05712101 & 05712102
13. REFERENCES: PLAT BK-26, PG-379; PLAT BK-26, PG-380; DEED
THE PROVISIONS.
MECKLENBURG PLANNING COMMISSION
PRELIMINARY — FOR REVIEW ONLY
i��/T�p••"""''• �l♦
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BK-3021, PG-513; DEED BK-7954, PG-882
-------------------------------
PLANNING COMMISSION STAFF DATE
STEPHEN S. DYER, PLS L-3509
°
File #: 15279—BF
Date: 10-28-2019
Project P.L.S.: SSD
14. ZONING: 1-2 (CD) PER MECKLENBURG COUNTY GIS (AS OF
N.C. FIRM LICENSE #C-1069
10-28-2019) (NO ZONING REPORT PROVIDED)
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Surveyed By: TIG
GRAPHIC SCALE
50 0 25 50 100
1 INCH = 50 FEET
�P:\Active Projects\FSI, Inc\Aqua Chem Parcel Exhibit 15279\Surveying\Drawings\Current\Record Plats\Brownsfield Plat\15279-BF.dwg, 11/22/2019 9:28:14 AM\Active Projects\FSI, Inc\Aqua Chem Parcel Exhibit 15279\Surveying\Drawings\Current\Record Plats\Brownsfield Plat\15279-BF.dwg, 11/22/2019 9:28:14 AM,
AutoCAD PDF (General Documentation).pc3
SHEET 1 OF 2
NOT A VALID SURVEY
WITHOUT ALL SHEETS.

Exhibit 2
SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial Health- Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section
(February 2018 version):
SOIL GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from Non -Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (February 2018 version):
SURFACE WATER
Surface water contaminants (in micrograms per liter, the equivalent of parts per billion),
the unrestricted use standards for which are contained in Title 15A of the North Carolina
Administrative Code, Subchapter 213, Rule .0208 (June 10, 2019 version):
The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on October 8, 2019. The following tables set forth, for
contaminants present at the Brownfields Property above unrestricted use standards or screening
levels, the maximum concentration found at each sample location, and the applicable standard or
screening level. Screening levels and groundwater and surface water standards are shown for
reference only and are not set forth as cleanup levels for purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
the standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, (April 1, 2013 version):
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Maximum
Concentration
Exceeding
Standard
In /L
Date of
Most
Recent
Sampling
Most Recent
Concentration
/L
(µg )
Standard
(µg/L)
Benzene
MW-7
12/27/2007
134
2/14/2018
2.5
1
MW-7
5/8/1997
630
2/14/2018
29.8
Chlorobenzene
MW-13
12/9/2005
34
2/13/2018
5.8
50
Chromium
MW-18
2/25/2014
48.6
2/25/2014
48.6
10
1,4-
MW-7
12/11/2000
110
2/14/2018
2
Dichlorobenzene
MW-13
4/28/1998
6.8
2/14/2018
0.64J
6
MW-2
5/18/1999
40
2/25/2014
1.1
MW-7
12/16/1999
7.7
2/14/2018
<0.34
MW-8
5/8/1997
110
4/28/1998
74
6
Dichloroethane
MW-13
12/19/1997
16
2/14/2018
0.74J
MW-16
5/18/1999
11
2/25/2014
<0.05
MW-2
5/18/1999
194
2/25/2014
7.1
Cis-1,2-
MW-7
5/18/1999
530
2/14/2018
3.2
Dichloroethene
MW-8
12/19/1997
590
4/28/1998
220
70
MW-13
2/25/2014
380
2/13/2018
303
MW-2
2/25/2014
414
2/25/2014
414
MW-7
2/25/2014
2,150
2/25/2014
2,150
Manganese
MW-13
2/25/2014
2,020
2/25/2014
2,020
50
MW-18
2/25/2014
247
2/25/2014
247
MW-7
12/16/1999
21.3
2/14/2018
<0.22
TW-5
2/13/2018
2.4
2/13/2018
2.4
Tetrachloroethene
Du /
2/13/2018
29.5/35.7
2/13/2018
29.5/35.7
0.7
TW-8
2/13/2018
0.79J
2/13/2018
0.79J
TW-9
2/13/2018
7.2
2/13/2018
7.2
MW-2
6/27/2000
1 6.3
2/25/2014
<0.13
MW-7
12/16/1999
21
2/14/2018
<0.35
MW-8
12/19/1997
54
12/19/1997
54
MW-13
12/19/1997
6
2/l/4/2018
<0.69
Trichloroethene
TW-5
2/13/2018
7.0
2/13/2018
7.0
3
TW-6
2/13/2018
7.1
2/13/2018
7.1
TW-7/
Du 7
2/13/2018
27.6/30.5
2/13/2018
27.6/30.5
TW-8
2/13/2018
48.2
2/13/2018
48.2
TW-9
2/13/2018
10.8
2/13/2018
10.8
MW-2
5/18/1999
53
2/25/2014
<0.083
MW-7
5/8/1997
160
2/14/2018
1.0
Vinyl Chloride
MW-8
4/28/1998
190
4/28/1998
190
0.03
MW-13
2/14/2018
51.1
2/14/2018
51.1
GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are derived from
the Non -Residential Vapor Intrusion Screening Levels of the Division of Waste Management
(February 2018 version):
Groundwater
Maximum
Non -
Contaminant
Concentration
Date of
Most Recent
Residential
with Potential
Sample
Date of
Exceeding
Most
Concentration
Screening
g
for Vapor
Location
Sampling
Screening
Recent
(µg/L)
Level
Sampling
Intrusion
Level (µg/L)
(µg/L )
Benzene
MW-71
/27/2007
134
2/14/2018
2.5
69
Chlorobenzene
MW-7
5/8/1997
630
2/14/2018
29.8
340
1,4
MW-7
12/11/2000
110
2/14/2018
2
110
Dichlorobenzene
1,1-
MW-8
5/8/1997
110
4/28/1998
74
98
Dichloroethane
MW-2
6/27/2000
6.3
2/25/2014
<0.13
MW-7
12/16/1999
21
2/14/2018
<0.35
MW-8
12/19/1997
54
12/19/1997
54
MW-13
12/19/1997
6
2/l/4/2018
<0.69
TW-5
2/13/2018
7.0
2/13/2018
7.0
Trichloroethene
4.4
TW-6
2/14/2018
7.1
2/14/2018
7.1
TW-7/
2/13/2018
27.6/30.5
2/13/2018
27.6/30.5
Dup 7
TW-8
2/13/2018
48.2
2/13/2018
48.2
TW-9
2/13/2018
10.8
2/13/2018
10.8
MW-2
5/18/1999
53
2/25/2014
<0.083
MW-7
5/8/1997
160
2/14/2018
1.0
Vinyl Chloride
25
MW-8
4/28/1998
190
4/28/1998
190
MW-13
2/14/2018
51.1
2/14/2018
51.1
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.
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 MECKLENBURG 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 16 OF
THE BROWNFIELDS AGREEMENT, AND ALL 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 OFFICE, TRANSIT, DISTRIBUTION, WAREHOUSING, CONTAINER YARD AND DEPOT
OPERATIONS, LIMITED TRUCK, EQUIPMENT, AND CONTAINER MAINTENANCE AND
REPAIRS, CONTAINER SALES, INTERMODAL TRANSPORTATION SERVICES, ASSOCIATED
PARKING, AND WITH PRIOR WRITTEN APPROVAL FROM DEQ, OTHER COMMERCIAL
USES. FOR PURPOSES OF THIS RESTRICTION, THE FOLLOWING DEFINITIONS APPLY:
I. "OFFICE" IS DEFINED AS THE PROVISION OF BUSINESS OR PROFESSIONAL
SERVICES.
II. "TRANSIT" IS DEFINED AS A STATION OR STOP FOR THE CARRYING OF
PEOPLE, GOODS, OR MATERIALS FROM ONE PLACE TO ANOTHER.
III. "DISTRIBUTION" IS DEFINED AS THE PACKAGING, TRANSPORTATION, AND
DELIVERY OF GOODS TO CUSTOMERS.
IV. "WAREHOUSING" IS DEFINED AS THE USE OF A COMMERCIAL BUILDING
FOR STORAGE OF GOODS BY MANUFACTURERS,IMPORTERS, EXPORTERS,
WHOLESALERS, TRANSPORT BUSINESSES AMONG OTHERS, AND ALSO REFERS TO
THE STORAGE OF GOODS AND MATERIALS FOR A SPECIFIC COMMERCIAL
ESTABLISHMENT OR A GROUP OF ESTABLISHMENTS IN A PARTICULAR TYPE OF
INDUSTRY OR COMMERCIAL ACTIVITY.
V. 'CONTAINER YARD" IS DEFINED AS A FACILITY AT WHICH SHIPPING
CONTAINERS ARE ACCEPTED FOR STORAGE AND LOADING ONTO THEIR SELECTED
MODE OF TRANSPORTATION, AND FOR STORAGE OF EMPTY CONTAINERS.
VI. "DEPOT OPERATIONS" IS DEFINED AS A FACILITY THAT RECEIVES,
SEGREGATES, INSPECTS, STORES, AND/OR DISTRIBUTES GOODS FOR DELIVERY TO
CUSTOMERS.
VII. `LIMITED TRUCK, EQUIPMENT, AND CONTAINER MAINTENANCE AND
REPAIR" IS DEFINED AS LIGHT MAINTENANCE AND REPAIR OF TRUCKS, CHASSIS,
ONSITE EQUIPMENT, AND SHIPPING CONTAINERS, INCLUDING WELDING, ELECTRICAL
REPAIR, TIRE CHANGES, AND OTHER MINOR VEHICULAR COMPONENTS. NOTE: THESE
ACTIVITIES ARE SUBJECT TO THE TERMS OF THE OPERATIONAL MAINTENANCE PLAN
IN SUBPARAGRAPH 16.0. BELOW.
Vill. 'CONTAINER SALES" IS DEFINED AS THE SALE OF NEW OR USED
SHIPPING OR OTHER CONTAINERS TO CUSTOMERS.
IX. `1NTERMODAL TRANSPORTATION SERVICES" IS DEFINED AS THE
FACILITATION OF THE SHIPPING OF VARIOUS TYPES OF CARGO BY MORE THAN ONE
TRANSPORTATION MODE FOR DELIVERY TO THE CUSTOMER.
X. "PARKING" IS DEFINED AS THE TEMPORARY ACCOMMODATION OF MOTOR
VEHICLES IN AN AREA DESIGNED FOR SAME.
E/IIfEKe]lIlI2l:Zel/1m6vl]21y1�121p1-1v�ff_P►■21�1I21:aa a6*12Kell a al21oZeP►EYil is iilyil
OR NONPROFIT BY THE OWNER, LESSEE OR LICENSEE.
Soil Contaminant
Sample
Location
Depth (ft)
De
Date of
Sampling
Concentration
Exceeding
Screening
Level (mg/kg)
Industrial
Screening
Levell
(mg/kg)
Aroclor 1254
SB-28/SB-29
2-3
1/16/2018
4.58
0.97
SB-54
0-1
3/21/2019
0.991
0.97
Arsenic
SB-34
2-3
2/6/2019
3.3
3
SB-66
5.5-5.7
7/3/2019
6.6
SB-66 Surface
0-0.5
8/20/2019
3.2J
Benzo(g,h,i)perylene
FG-9
0-0.5
9/19/2019
0.496
NS
Bis(2-
eth lhex 1)phthalate
NEB
Unknown
1/2/1992
317.21
160
Chromium,
Hexavalent
SB-66
5.5-5.7
7/3/2019
230E
6.5
Chromium, Total
CT-1
13
11/28/1995
73
6.53
CT-6
3
11/28/1995
87.1
HA-12
8.5-9
4/25/1995
1 53.8
HA-14
1 3-3.5
4/26/1995
72
HA-2
3.5-4
4/24/1995
37.7
HA-9
3.5-4
4/25/1995
72.4
SB-15
1.5
1/15/2018
34.6
SB-26/SB-272
2-3
1/16/2018
40.4
SB-28/SB-292
2-3
1/16/2018
60.5
SB-302
1-2
1/16/2018
54.7
SB-31 DUP-2
1-2
1/16/2018
30.2
SB-32
1.5
1/16/2018
72.6
SB-33
0.5-2
2/6/2019
40.4
SB-34
2-3
2/6/2019
36.2
SB-624
6-8
4/4/2019
39.2
SB-644
8-10
4A/2019
117
SB-654
5-7
4A/2019
33
SB-665
5.5-5.7
7/3/2019
280
SB-67
7-8.5
7/3/2019
39.9
Trench 4/2
2
11/8/1995
286
6.53
TW-8
1-2
2/7/2018
87.3
Ethyl alcohol
FG-9
0-0.5
9/19/2019
1.7
NS
SB-17
2-3
2/9/2018
6.630JB
SB-18
2-3
2/9/2018
8.250JB
SB-19
2-3
2/9/2018
8.540JB
SB-20
2-3
2/9/2018
6.220JB
SB-21
2-3
2/9/2018
7.390JB
SB-22
2-3
2/9/2018
6.560JB
SB-23
2-3
2/9/2018
9.450JB
SB-24
2-3
2/9/2018
7.830JB
SB-32
1.5
1/16/2018
0.149J
p-Isopropyholuene
FG-8
0-0.5
9/19/2019
0.0015J
NS
FG-9
0-0.5
9/19/2019
0.102
FG-10
0-0.5
9/19/2019
0.0109
SB-28
2-3
1/16/2018
0.0052J
SB-30
1-2
1/16/2018
0.218J
Phenanthrene
FG-9
0-0.5
9/19/2019
0.160J
NS
PCB 105
SB-29A
2-3
4/11/2018
0.495
0.49
PCB 118
SB-29A
2-3
4/11/2018
1.07
0.49
PCB 126
SB-29A
2-3
4/11/2018
0.00257
0.00015
SB-54
0-1
3/21/2019
0.00232
0.00015
PCBs (high risk)
SB-29A
2-3
4/11/2018
14.354414
0.95
SB-54
0-1
3/21/2019
5.059654
TCDD, 2,3,7,8-
SB-29A
2-3
4/11/2018
0.0003181
0.000022
SB-54
0-1
3/21/2019
1 0.000257352
0.000022
1,2,4-
Trichlorobenzene
CT-3
12
11/28/1995
170
55
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.
2Composited sample; soil sample SB-30 was composited with a sample located just north of the
Brownfields Property line.
3Total chromium values for site soil samples, although not speciated for hexavalent chromium, are
compared to the industrial screening level for hexavalent chromium because hexavalent chromium has
been detected in one soil sample from the Brownfields Property in exceedance of the hexavalent
chromium industrial screening level. Based on the laboratory analytical results of site -specific soil
samples analyzed for both total chromium and hexavalent chromium, it was observed that hexavalent
chromium was not detected in excess of its Industrial Screening Level of 6.5 mg/kg in samples where
total chromium concentrations were 30 mg/kg or less. Therefore, if hexavalent chromium was not
speciated for a particular soil sample, only those samples with total chromium results in excess of 30
mg/kg are reported on the table.
°Soil represented by these data points has been excavated from its original location and redistributed at
the Brownfields Property in accordance with the DEQ-approved Environmental Management Plan.
5Sample submitted for speciation of hexavalent chromium.
B- Compound detected in the laboratory method blank analysis associated with the sample.
E - Quantitation of hexavalent chromium exceeded the laboratory calibration range
J - Value is estimated between the method detection limit and the laboratory reporting limit
NS - No screening level established
Note: Background concentrations of metals were identified in soil samples taken from soil in the site
vicinity (BG-1, BG-2 and BG-3) on January 16, 2018. Background values detected for metals, in
milligrams per kilogram, were as follows: arsenic, 0.97J to 1.5J; barium, 27.9.1 to 246; total chromium,
22 to 108; and lead, 2.5J to 9.7; and mercury, <0.0049 to 0.15.
B. THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR RESIDENTIAL
PURPOSES NOR FOR CHILD CARE, ADULT CARE CENTERS, OR SCHOOLS WITHOUT
THE PRIOR WRITTEN APPROVAL OF DEQ.
C. PHYSICAL REDEVELOPMENT OF THE BROWNFIELDS PROPERTY MAY NOT
OCCUR OTHER THAN IN ACCORD, AS DETERMINED BY DEQ, WITH
AN ENVIRONMENTAL MANAGEMENT PLAN (`EMP') APPROVED IN WRITING BY DEQ IN
ADVANCE (AND REVISED TO DEQ'S WRITTEN SATISFACTION PRIOR TO EACH
SUBSEQUENT REDEVELOPMENT PHASE) THAT IS CONSISTENT WITH ALL THE OTHER
LAND USE RESTRICTIONS AND DESCRIBES REDEVELOPMENT ACTIVITIES AT
THE BROWNFIELDS PROPERTY, THE TIMING OF REDEVELOPMENT PHASES, AND
ADDRESSES HEALTH, SAFETY AND ENVIRONMENTAL ISSUES THAT MAY ARISE FROM
USE OF THE BROWNFIELDS PROPERTY DURING CONSTRUCTION OR REDEVELOPMENT
IN ANY OTHER FORM, INCLUDING WITHOUT LIMITATION:
I. SOIL AND WATER MANAGEMENT ISSUES, INCLUDING WITHOUT
LIMITATION THOSE RESULTING FROM CONTAMINATION IDENTIFIED IN THE
ENVIRONMENTAL REPORTS;
II. ISSUES RELATED TO POTENTIAL SOURCES OF CONTAMINATION
REFERENCED IN EXHIBIT 2 TO THIS AGREEMENT;
III. CONTINGENCY PLANS FOR ADDRESSING, INCLUDING WITHOUT LIMITATION
THE TESTING OF SOIL, GROUNDWATER, SUB -SLAB VAPOR, SOIL GAS, AND NEWLY
DISCOVERED POTENTIAL SOURCES OF ENVIRONMENTAL CONTAMINATION (E.G., USTS,
TANKS, DRUMS, SEPTIC DRAIN FIELDS, OIL -WATER SEPARATORS, SOIL
CONTAMINATION), AND FINAL GRADE SAMPLING; AND
IV.PLANS FOR THE PROPER CHARACTERIZATION OF AND, AS NECESSARY,
DISPOSAL OF CONTAMINATED SOILS EXCAVATED DURING REDEVELOPMENT.
D.BY JANUARY 31ST AFTER EACH ONE-YEAR ANNIVERSARY OF THE
EFFECTIVE DATE OF THIS AGREEMENT FOR AS LONG AS PHYSICAL REDEVELOPMENT
OF THE BROWNFIELDS PROPERTY CONTINUES (EXCEPT THAT THE FINAL DEADLINE
SHALL FALL 90 DAYS AFTER THE CONCLUSION OF PHYSICAL REDEVELOPMENT), THE
THEN OWNER OF THE BROWNFIELDS PROPERTY SHALL PROVIDE DEQ A REPORT
SUBJECT TO WRITTEN DEQ APPROVAL ON ENVIRONMENT -RELATED ACTIVITIES SINCE
THE LAST REPORT, WITH A SUMMARY AND DRAWINGS, THAT DESCRIBES:
I. ACTIONS TAKEN ON THE BROWNFIELDS PROPERTY IN ACCORDANCE WITH
SECTION V: WORK TO BE PERFORMED ABOVE;
II. SOIL GRADING AND CUT AND FILL ACTIONS;
III. METHODOLOGY(IES) EMPLOYED FOR FIELD SCREENING, SAMPLING AND
LABORATORY ANALYSIS OF ENVIRONMENTAL MEDIA;
IV. STOCKPILING, CONTAINERIZING, DECONTAMINATING, TREATING, HANDLING,
LABORATORY ANALYSIS AND ULTIMATE DISPOSITION OF ANY SOIL, GROUNDWATER
OR OTHER MATERIALS SUSPECTED OR CONFIRMED TO BE CONTAMINATED WITH
REGULATED SUBSTANCES; AND
V. REMOVAL OF ANY CONTAMINATED SOIL, WATER OR OTHER
CONTAMINATED MATERIALS (FOR EXAMPLE, CONCRETE, DEMOLITION DEBRIS) FROM
THE BROWNFIELDS PROPERTY (COPIES OF ALL LEGALLY REQUIRED MANIFESTS
SHALL BE INCLUDED).
E. SURFACE WATER AT THE BROWNFIELDS PROPERTY MAY NOT BE
USED FOR ANY PURPOSE OTHER THAN IN CONNECTION WITH LEGALLY COMPLIANT
STORM WATER COLLECTION AND REUSE TECHNIQUES WITHOUT THE PRIOR WRITTEN
APPROVAL OF DEQ.
F.GROUNDWATER AT THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR
ANY PURPOSE WITHOUT THE PRIOR WRITTEN APPROVAL OF DEQ.
G. NO ACTIVITY THAT DISTURBS SOIL ON THE BROWNFIELDS PROPERTY 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 16.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; OR
IV.IN CONNECTION TO WORK CONDUCTED IN ACCORDANCE WITH
A DEQ-APPROVED ENVIRONMENTAL MANAGEMENT PLAN (EMP) AS OUTLINED IN
SUBPARAGRAPH 16.C.
H. NO DISTURBANCE OF SOILS BELOW THE DEMARCATION FABRIC IN THE
"AREA OF SOIL CONTAMINATION" ON THE BROWNFIELDS PROPERTY AS DELINEATED
ON THE PLAT COMPONENT OF THE NOTICE OF BROWNFIELDS PROPERTY DESCRIBED
IN PARAGRAPH 21 BELOW MAY OCCUR, EXCEPT PURSUANT TO AN APPROVED EMP
AS DESCRIBED IN SUBPARAGRAPH 16.C. ABOVE. THE DEMARCATION FABRIC IN THE
"AREA OF SOIL CONTAMINATION" SHALL BE COVERED AND MAINTAINED WITH (1) SIX
INCHES OF GRAVEL, OR (II) SUCH OTHER COVER AS DEQ APPROVES IN WRITING.
I. UNTIL IT IS DEMONSTRATED TO DEQ'S WRITTEN SATISFACTION THAT IT
WILL NOT INCREASE THE RISK OF MOBILIZATION OF SUB -SLAB CONTAMINANTS INTO
GROUNDWATER AND THAT THE PUBLIC HEALTH AND ENVIRONMENT WILL BE
PROTECTED FROM THE RISK OF CONTAMINANT MIGRATION VIA GROUNDWATER, NO
FLOOR SLAB OF ANY EXISTING BUILDING MAY BE REMOVED FROM ITS CURRENT
LOCATION, EXCEPT 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. THE TERM `EXISTING BUILDING" IS ANY BUILDING SHOWN ON THE PLAT
COMPONENT OF THE NOTICE OF BROWNFIELDS PROPERTY REFERENCED IN
PARAGRAPH 21 FILED CONTEMPORANEOUSLY WITH THIS AGREEMENT.
J. SOIL MAY NOT BE REMOVED FROM, OR BROUGHT ONTO,
THE BROWNFIELDS PROPERTY WITHOUT PRIOR SAMPLING AND ANALYSIS TO DEQ'S
SATISFACTION AND THE WRITTEN APPROVAL OF DEQ, UNLESS CONDUCTED IN
ACCORDANCE WITH AN APPROVED EMP AS OUTLINED IN PARAGRAPH 16.C.
K. EXCEPT FOR THE EXISTING BUILDINGS AS DELINEATED ON THE PLAT
COMPONENT OF THE NOTICE OF BROWNFIELDS PROPERTY REFERENCED IN
PARAGRAPH 21 BELOW, NO ENCLOSED BUILDING MAY BE CONSTRUCTED ON
THE BROWNFIELDS PROPERTY NOR OCCUPIED UNTIL DEQ DETERMINES IN WRITING
THAT:
I. THE BUILDING IS OR WOULD BE PROTECTIVE OF THE BUILDING'S USERS,
PUBLIC HEALTH AND THE ENVIRONMENT FROM RISK OF VAPOR INTRUSION BASED
ON SITE ASSESSMENT DATA OR A SITE -SPECIFIC RISK ASSESSMENT APPROVED IN
WRITING BY DEQ;
II. THE BUILDING IS OR WOULD BE SUFFICIENTLY DISTANT FROM
THE BROWNFIELDS PROPERTY'S GROUNDWATER AND/OR SOIL CONTAMINATION BASED
ON ASSESSMENT DATA APPROVED IN WRITING BY DEQ THAT THE BUILDING'S USERS,
PUBLIC HEALTH AND THE ENVIRONMENT WILL BE PROTECTED FROM RISK FROM
VAPOR INTRUSION RELATED TO SAID CONTAMINATION; OR
III. VAPOR INTRUSION MITIGATION MEASURES ARE DESIGNED, INSTALLED AND
IMPLEMENTED IN A MANNER THAT WILL FULLY PROTECT PUBLIC HEALTH TO THE
SATISFACTION OF A PROFESSIONAL ENGINEER LICENSED IN NORTH CAROLINA, AS
EVIDENCED BY SAID ENGINEER'S PROFESSIONAL SEAL ON A REPORT THAT INCLUDES
PHOTOGRAPHS AND A DESCRIPTION OF THE INSTALLATION AND PERFORMANCE OF
SAID MEASURES, AND TO DEQ. ANY DESIGN SPECIFICATION FOR VAPOR INTRUSION
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.
L. 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
Soil Gas Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening Level
m3)
Non -Residential
Screening Levell
(µg/m3)
SGB-1
5/2/2018
17J
SGB-3
5/2/2018
26
1,3-Dichlorobenzene
NS
SGB-5
2/6/2019
9.5
SGB-6A
2/6/2019
18
Trans-1,2-
Dichloroethene
SGB-5A
2/6/2019
5.3
NS
SGB-5
2/6/2019
6.8
SGB-5A
2/6/2019
13
4-Ethyltoluene
NS
SGB-6A
2/6/2019
14
Tertiary Butyl Alcohol
SGB-3
5/2/2018
1.5J
NS
SGB-1
5/2/2018
7,050
Tetrachloroethene
SGB-1
DUP-9
5/2/2018
10,800
3,500
SGB-2
5/2/2018
4,250
SGB-6A
2/6/2019
3,900
SGB-5
2/6/2019
1.8J
SGB-5A
2/6/2019
2AJ
Trichlorofluoromethane
NS
SGB-6
Du 10
2/6/2019
1.4J
SGB-6A
1 2/6/2019
1 4.9J
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.
NS - No screening level established
SUB -SLAB VAPOR
Sub -slab vapor contaminants in micrograms per cubic meter, the screening levels for
which are derived from Non -Residential Vapor Intrusion Screening Levels of the Division of
Waste Management (February 2018 version):
Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening Level
m
(pg3
Non -Residential
Screening
Levell(µg/m3)
Chloroform
SSV-5
1/30/2018
825
530
m-Dichlorobenzene
SSV-1
10/8/2019
18
NS
SSV-1 Dup
10/8/2019
14
SSV-4
1/30/2018
3.6J
Cis-1,2-
Dichloroethene
SSV-1
10/8/2019
190
NS
SSV-1 Dup
10/8/2019
200
SSV-2
1/30/2018
5,270
SSV-2 Du
1/30/2018
3,570
SSV-3
1/30/2018
2.1J
SSV-4
1/30/2018
40
SSV-7
1/30/2018
7.9
SSV-7 Du
1/30/2018
9.1
Trans-1,2-
Dichloroethene
SSV-1
10/8/2019
380
NS
SSV-1 Dup
10/8/2019
400
SSV-2
1/30/2018
1 54.7J
SSV-4
1/30/2018
38
Ethanol
SSV-1
1/30/2018
607
NS
SSV-1
10/8/2019
380
SSV-1 Dup
10/8/2019
380
SSV-2
1/30/2018
290
SSV-3
1/30/2018
24.5
SSV-4
1/30/2018
347
SSV-5
1/30/2018
54.3
SSV-6
1/30/2018
77.1
SSV-7
1/30/2018
13
SSV-7 Du
1/30/2018
13
SSV-8
1/30/2018
15
SSV-9
1/30/2018
64.4
4-Ethyltoluene
SSV-1
10/8/2019
540
NS
SSV-1 Dup
10/8/2019
490
Tertiary Butyl
Alcohol
SSV-1
1/30/2018
16J
NS
SSV-3
1/30/2018
6.4
SSV-4
1/30/2018
77.6
SSV-5
1/30/2018
28
SSV-6
1/30/2018
8.8J
Tetrachloroethylene
SSV-6
1/30/2018
4,350
3,500
SSV-6
5/2/2018
6,340
1,1,2-
Trichloroethane
SSV-1
10/8/2019
21
18
SSV-1 Dup
10/8/2019
26
2,2,4-
Trimethylpentane
SSV-3
1/30/2018
16
NS
SSV-4
1/30/2018
30
SSV-7
1/30/2018
23
SSV-7 Du
1/30/2018
8.9
SSV-8
1/30/2018
13
SSV-9
1/30/2018
1 10,700
Vinyl chloride
SSV-2
1/30/2018
12,000
2,800
SSV-2
DUP-3
1/30/2018
9,280
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.
NS - No screening level established
J -Estimated value between the method detection limit and the reporting limit.
BY DEQ, MAY BE DENIED ACCESS TO THE BROWNFIELDS PROPERTY FOR PURPOSES
OF CONDUCTING SUCH ASSESSMENT OR REMEDIATION, WHICH IS TO BE CONDUCTED
USING REASONABLE EFFORTS TO MINIMIZE INTERFERENCE WITH AUTHORIZED USES
OF THE BROWNFIELDS PROPERTY.
M. ANY DEED OR OTHER INSTRUMENT CONVEYING AN INTEREST IN
THE BROWNFIELDS PROPERTY SHALL CONTAIN THE FOLLOWING NOTICE:
"THIS PROPERTY IS SUBJECT TO THE BROWNFIELDS AGREEMENT ATTACHED AS
EXHIBIT A TO THE NOTICE OF BROWNFIELDS PROPERTY RECORDED IN
THE MECKLENBURG 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: (1) IF EVERY LEASE AND RIDER IS IDENTICAL IN FORM, THE
OWNER CONVEYING AN INTEREST MAY PROVIDE DEQ WITH COPIES OF A FORM
LEASE OR RIDER EVIDENCING COMPLIANCE WITH THIS PARAGRAPH, IN LIEU OF
SENDING COPIES OF ACTUAL, EXECUTED LEASES, TO THE PERSONS LISTED IN
SECTION XV (NOTICE AND SUBMISSIONS); OR (II) THE OWNER CONVEYING AN
INTEREST MAY PROVIDE ABSTRACTS OF LEASES, RATHER THAN FULL COPIES OF
SAID LEASES, TO THE PERSONS LISTED IN SECTION XV.
N. UNLESS APPROVED BY DEQ IN WRITING IN ADVANCE, STORAGE OF
FUELS OR WASTE OILS IN UNDERGROUND STORAGE TANKS (USTS) IS PROHIBITED
AT THE BROWNFIELDS PROPERTY.
0. ALL LIMITED TRUCK, EQUIPMENT, AND CONTAINER MAINTENANCE AND
REPAIR AS DEFINED IN SUBPARAGRAPH 16.A.VI1. SHALL BE MANAGED IN
COMPLIANCE WITH A SITE -SPECIFIC OPERATIONAL MANAGEMENT PLAN (OMP) THAT
HAS BEEN PREPARED BY THE THEN OWNER OF THE BROWNFIELDS PROPERTY
AND APPROVED IN WRITING BY DEQ SUCH THAT, SHOULD A RELEASE OF THOSE
SUBSTANCES OCCUR AT THE BROWNFIELDS PROPERTY, THE SUBJECT
CONTAMINANTS IN THAT RELEASE WOULD BE DISTINGUISHABLE WITH CERTAINTY
FROM THE SUBJECT CONTAMINANTS IN ANY KNOWN RELEASE AT
THE BROWNFIELDS PROPERTY THAT PREDATES THIS AGREEMENT. SUCH OMP SHALL
IDENTIFY THE PERMITTED LOCATIONS FOR ANY ABOVE GROUND STORAGE TANKS
(ASTS), WASTE FACILITIES (EXCLUDING MUNICIPAL SOLID WASTE AND DOMESTIC
WASTE), PARTS WASHER EQUIPMENT, AND OTHER AREAS OF CHEMICAL OR
PETROLEUM PRODUCT STORAGE AT THE BROWNFIELDS PROPERTY, AND SHALL
DOCUMENT ANY SECONDARY CONTAINMENT REQUIRED BY DEQ IN THESE AREAS AND
BEST MANAGEMENT PRACTICES PERTAINING TO THE HANDLING AND STORAGE OF
THESE CHEMICALS OR PRODUCTS, INCLUDING SPILL CONTROL MEASURES. SHOULD
ADDITIONS OR CHANGES IN SUCH OPERATIONS TAKE PLACE IN THE FUTURE, SAID
OMP SHALL BE MODIFIED BY THE PROPONENT OF THE OPERATIONAL
ADDITIONS/CHANGES TO ADDRESS SAID OPERATIONAL ADDITIONS/CHANGES.
P. NONE OF THE CONTAMINANTS KNOWN TO BE PRESENT IN THE
ENVIRONMENTAL MEDIA AT THE BROWNFIELDS PROPERTY, AS DESCRIBED IN EXHIBIT
2 OF THIS AGREEMENT, AND AS MODIFIED BY DEQ IN WRITING IF ADDITIONAL
CONTAMINANTS IN EXCESS OF APPLICABLE STANDARDS ARE DISCOVERED AT
THE BROWNFIELDS PROPERTY, MAY BE USED OR STORED AT
THE BROWNFIELDS PROPERTY WITHOUT THE PRIOR WRITTEN APPROVAL OF DEQ,
EXCEPT:
I. IN DE MINIMIS QUANTITIES FOR CLEANING AND OTHER ROUTINE
HOUSEKEEPING AND MAINTENANCE ACTIVITIES;
II. AS CONSTITUENTS OF FUELS, LUBRICANTS AND OILS IN 1) EMERGENCY
GENERATORS, MACHINERY, EQUIPMENT AND VEHICLES IN ON -BOARD TANKS
INTEGRAL TO SAID EQUIPMENT, MACHINERY, OR VEHICLES, OR 2) IN FLAMMABLE
LIQUID STORAGE CONTAINERS TOTALING NO MORE THAN 25 GALLONS;
III. FOR LIMITED MINOR TRUCK, EQUIPMENT, OR CONTAINER MAINTENANCE
AND REPAIR AS DEFINED IN SUBPARAGRAPH 16.A.VI1. ABOVE IN COMPLIANCE WITH
APPLICABLE LAW AND THE OMP REFERENCED IN SUBPARAGRAPH 16.0. ABOVE
(THOUGH VEHICLE PARTS AND TOOLS MAY NOT BE WASHED IN LIQUIDS CONTAINING
ANY CHLORINATED SOLVENTS);
IV.IN PRODUCTS OR MATERIALS THAT ARE BROUGHT ONTO
THE BROWNFIELDS PROPERTY, KEPT IN THEIR ORIGINAL PACKAGING OR CONTAINERS
Concentration
Surface Water
Sample
Date of
Exceeding
Standard
Contaminant
Location
Sampling
Standard
(µg/L)
(µg/L)
Cis-1,2-Dichloroethene
SW-4
2/6/2019
0.60J
NS
Lead
I SW-4
1 2/6/2019
0.20J
I NS
Mercury
I SW-4
1 2/6/2019
1 0.1It
I0.0121
'Aquatic Life & Secondary Recreation Class C Freshwater
NS - No standard established
J - Estimated value between method detection limit and reporting limit
SEDIMENT
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial Health- Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section
(February 2018 version):
Concentration
Industrial
Sediment
Sample
Depth (ft)
Date of
Exceeding
Screening
Contaminant
Location
Sampling
Screening
Level
Level (mg/kg)
(mg/kg)
ESSED-2
0.5
2/6/2019
38.7
IPSED-1
0.5
1 1/24/2018
40.8
Chromium, Total
6.53
SSED-2
1 0.5
1 1/24/2018
1 88.2
SSED-3
0.5
1/24/2018
_-]
97.5
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.
TTotal chromium values for site sediment samples, although not speciated for hexavalent chromium,
are compared to the industrial screening level for hexavalent chromium because hexavalent chromium
has been detected in one soil sample from the Brownfields Property. Based on the laboratory
analytical results of site -specific soil samples analyzed for both total chromium and hexavalent
chromium, it was observed that hexavalent chromium was not detected in excess of its Industrial
Screening Level of 6.5 mg/kg in samples where total chromium concentrations were 30 mg/kg or less.
Therefore, if hexavalent chromium was not speciated for a particular soil sample, only those samples
with total chromium results in excess of 30 mg/kg are reported on the table.
(THAT IS, NOT USED OR REPACKAGED) AND LATER REMOVED FROM
THE BROWNFIELDS PROPERTY IN THE ORIGINAL PACKAGING OR CONTAINERS,
EXCEPT THAT PRE -PACKAGED ITEMS MAY BE TRANSFERRED BETWEEN SHIPPING
CONTAINERS AS LONG AS SUCH PRODUCTS OR MATERIALS REMAIN IN THEIR
ORIGINAL PACKAGING; OR
V. AS CONSTITUENTS OF PRODUCTS AND MATERIALS CUSTOMARILY USED
AND STORED IN WAREHOUSING AND OFFICE ENVIRONMENTS, PROVIDED SUCH
PRODUCTS AND MATERIALS ARE STORED IN ORIGINAL RETAIL PACKAGING AND
USED, STORED, AND DISPOSED OF IN ACCORDANCE WITH APPLICABLE LAWS.
Q. WITH THE EXCEPTION OF WORK CONDUCTED IN ACCORDANCE WITH
PARAGRAPH 15 ABOVE, 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.
R. THE BROWNFIELDS PROPERTY MAY NOT BE USED
FOR GROUND -CONTACT SPORTS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO,
GOLF, FOOTBALL, SOCCER AND BASEBALL, WITHOUT THE PRIOR WRITTEN APPROVAL
OF DEQ.
S. THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR KENNELS, PRIVATE
ANIMAL PENS OR HORSE -RIDING UNLESS APPROVED IN WRITING IN ADVANCE BY
DEQ.
T.THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR AGRICULTURE OR
GRAZING, WITHOUT THE PRIOR WRITTEN APPROVAL OF DEQ.
U. DURING JANUARY OF EACH YEAR AFTER THE YEAR IN WHICH THE NOTICE
REFERENCED BELOW IN PARAGRAPH 21 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 MECKLENBURG
COUNTY, CERTIFYING THAT, AS OF SAID JANUARY 1ST, THE NOTICE OF
BROWNFIELDS PROPERTY CONTAINING THESE LAND USE RESTRICTIONS REMAINS
RECORDED AT THE MECKLENBURG COUNTY REGISTER OF DEEDS OFFICE AND THAT
THE LAND USE RESTRICTIONS ARE BEING COMPLIED WITH. THE SUBMITTED LURU
SHALL STATE THE FOLLOWING:
I. THE NAME, MAILING ADDRESS, TELEPHONE AND FACSIMILE NUMBERS, AND
CONTACT PERSON'S E-MAIL ADDRESS OF THE OWNER OR APPROVED
ENTITY SUBMITTING THE LURU IF SAID OWNER OR EACH OF THE OWNERS ON
WHOSE BEHALF THE JOINT LURU IS SUBMITTED ACQUIRED ANY PART OF
THE BROWNFIELDS PROPERTY DURING THE PREVIOUS CALENDAR YEAR;
11. THE TRANSFEREE'S NAME, MAILING ADDRESS, TELEPHONE AND FACSIMILE
NUMBERS, AND CONTACT PERSON'S E-MAIL ADDRESS, IF SAID OWNER OR EACH OF
THE OWNERS ON WHOSE BEHALF THE JOINT LURU IS SUBMITTED TRANSFERRED ANY
PART OF THE BROWNFIELDS PROPERTY DURING THE PREVIOUS CALENDAR YEAR;
III. WHETHER THE COVER (HARDSCAPE MATERIALS, CLEAN SOIL, STONE)
REQUIRED BY SUBPARAGRAPH 16.H. ABOVE IS BEING INSPECTED AND MAINTAINED
TO PREVENT EROSION OF SAID COVER AND/OR HUMAN EXPOSURE TO
CONTAMINATED SOIL OR OTHER MEDIA;
IV. WHETHER ANY VAPOR BARRIER AND/OR MITIGATION SYSTEMS INSTALLED
PURSUANT TO SUBPARAGRAPH 16.K.111. ABOVE ARE PERFORMING AS DESIGNED, AND
WHETHER THE USES OF THE GROUND FLOORS OF ANY BUILDINGS CONTAINING SUCH
VAPOR BARRIER AND/OR MITIGATION SYSTEMS HAVE CHANGED, AND, IF SO, HOW;
AND
V. WHETHER ANY CHANGES TO THE OMP PREPARED PURSUANT TO
SUBPARAGRAPH 16.0. ABOVE HAVE OCCURRED, AND IF SO, HOW.
1Is] :oI.1aall llily26Yi]a►Kole] 10 IN Ill Ill
ELLEN LORSCHEIDER, DEPUTY DIRECTOR
DIVISION OF WASTE MANAGEMENT
STATE OF NORTH CAROLINA
COUNTY OF WAKE
NOTICE OF LEGAL ACTION:
THIS DRAWING AND/OR THE DESIGN SHOWN IS THE PROPERTY OF THE ISAACS
GROUP, PC.. THE REPRODUCTION, ALTERATION, COPYING OR OTHER USE OF THIS
DRAWING WITHOUT THE ISAACS GROUP P.C.'S WRITTEN CONSENT IS PROHIBITED AND
ANY INFRINGEMENT WILL BE SUBJECT TO LEGAL ACTION.
SURVEYORS CERTIFICATE:
I, STEPHEN S. DYER, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION
FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION
RECORDED IN DEED BK-3021, PG-513 AND DEED BK-7954, PG-882); THAT THE
SURVEY IS OTHER ANOTHER CATEGORY SUCH AS A BROWNFIELD SURVEY; THAT THE
BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DASHED LINES DRAWN
FROM ADJOINING DEED SOURCES AS SHOWN HEREON; THAT THE RATION OF
PRECISION EXCEEDS 1:10,000; THAT THIS PLAT WAS PREPARED IN ACCORDANCE
WITH G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, REGISTRATION
NUMBER AND SEAL.
PRELIMINARY - FOR REVIEW ONLY
STEPHEN S. DYER, PLS L-3509
N.C. FIRM LICENSE #C-1069
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NOT A VALID SURVEY
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P:\Active Projects\FSI, Inc\Aqua Chem Parcel Exhibit 15279\Surveying\Drawings\Current\Record Plats\Brownsfield Plat\15279-BF.dwg, 11/22/2019 9:28:15 AM,
AutoCAD PDF (General Documentation).pc3

EXHIBIT C
LEGAL DESCRIPTION
Tract #1 (PID #05712101)
COMMENCING at an existing 1.5" pipe, a common corner with lands now or formerly of
Windy Ridge Development, Inc. (Deed Bk-11382, Pg-330), said point being located
S65057'01"W 107.89' from an existing #4 rebar; thence turning and running with said "Windy
Ridge" property S76°12'54"W 108.59' to a point on the northerly margin of CSX
Transportation, Inc. railroad right of way; thence turning and running with said "CSX" right of
way N83°55'36"W 898.90' to a point; thence turning and running the following two (2) courses
within said right of way:
1) S09049' 19"W 58.66' to a point;
2) N84°05' 10"W 262.63' to a point, a common corner with lands now or formerly of
Cenco, Inc. (Deed Bk-3012, Pg-255), the TRUE POINT AND PLACE OF
BEGINNING;
Thence turning and running with said "Cenco" property N83°58'07"W 184.27" to an existing
#4 rebar, a common corner with lands now or formerly of DTJT Properties, LLC (Deed Bk-
33167, Pg-956); thence turning and running with said "DTJT" property N13°46'51"W 499.86'
to a point in the southerly line of lands now or formerly of Dennis L. Butts (Deed Bk-23327, Pg-
679), thence turning and running with said "Butts" property S86°07' 12"E 300.00' to a point, a
common corner with aforementioned "Cenco" property; thence turning and running with said
"Cenco" property SO°21'20"E 484.54' to the POINT AND PLACE OF BEGINNING.
Contains 2.65 Acres.
AND
Tract 2 (#05712102)
BEGINNING at an existing 1.5" pipe, a common corner with lands now or formerly of Windy
Ridge Development, Inc. (Deed Bk-11382, Pg-330), said point being located S65°57'01"W
107.89' from an existing #4 rebar; thence turning and running with said "Windy Ridge" property
S76012'54"W 108.59' to a point on the northerly margin of CSX Transportation, Inc. railroad
right of way; thence turning and running with said "CSX" right of way N83°55'36"W 898.90' to
a point; thence turning and running the following two (2) courses within said right of way:
1) S09°49' 19"W 58.66' to a point;
2) N84°05' 10"W 262.63' to a point, a common corner with lands now or formerly of
Cenco, Inc. (Deed Bk-9049, Pg-682);
Thence turning and running with said "Cenco" property N0021'20"W 484.54' to a point in the
southerly line of lands now or formerly of Dennis L. Butts (Deed Bk-23327, Pg-679), thence
turning and running with said "Butts" property S79°27' 10"E 26.65' to a point within the margins
of Grove Avenue (Unopened, Plat Bk-230, Pg-184), a common corner with lands now or
CENC O/ 1805 0-14-060/08Nov2019

formerly of John & Barbara Locklear (Deed Bk-8151, Pg-257); thence turning and running with
said "Locklear" property and other lands of Cenco, Inc (Deed Bk-3667, Pg-965) N87°35'30"
326.0l' to a point within the margins of Melynda Road (Plat Bk-230, Pg-184); thence turning
and running within said "Melynda Road" the following two (2) courses:
1) S09°33'50"W 95.78' to a point;
2) S80°28'36"E 30.00' to a point, a common corner with lands now or formerly of DTJT
Properties, LLC (Deed Bk-32983, Pg-163);
Thence turning and running with said "DTJT" property the following two (2) courses:
1) With the arc of a non -tangent curve to the right having a radius of 20.00', a length of
28.88' with a chord of N50°39'32"E 26.44'
2) S87°45'29"E 808.22' to an existing #4 rebar with cap, a common corner with other lands
now or formerly of DTJT Properties, LLC (Deed Bk-32983, Pg-163);
Thence, turning and running with said "DTJT" properties S 10°50'07"E 425.15' to the POINT
AND PLACE OF BEGINNING. Contains 12.39 Acres.
CENC O/ 1805 0-14-060/08Nov2019