Approval to Proceed to Public Comment - West Salem Shell (23021-19-034)

From:Cannon, Cody J
To:[e-mail]; Porter Jones
Cc:Mark I. Miller ([e-mail]); Teri Bowling ([e-mail]); Nicholson, Bruce; Wahl,
Tracy; Liggins, Shirley; Day, Collin; Leonard, Laura; Watson, Samuel; Tatum, Katie; Macdonald, Janet K;
Lorscheider, Ellen; Jesneck, Charlotte; Macdonald, Janet K; Chakravarty, Aditi; Thompson, Jordan L; Liggins,
Shirley
Subject:Brownfields Notification to Proceed to Public Comment - West Salem Shell (23021-19-034)
Date:Wednesday, December 2, 2020 3:22:00 PM
Attachments:23021_WestSalemShell_NBP_12.02.2020.pdf23021-19-034_West Salem Shell_SNI_12.02.2020.pdf23021-19-034_West Salem Shell_SNI_12.02.2020.docx23021_WestSalemShell_NI_12.02.2020.pdf
Good Afternoon Mr. McClatchey,
Based on acceptance by the Prospective Developer of drafts of all four required brownfieldsdocuments -- the Notice of Intent to Redevelop a Brownfields Property (NI), Summary of Notice ofIntent to Redevelop a Brownfields Property (SNI), Notice of Brownfields Property (NBP) and theBrownfields Agreement (Exhibit A to the NBP) -- and DEQ's approval of the plat component of the
NBP, Prospective Developer may now proceed to the tasks required by N.C.G.S. § 130.310.34(a) inconnection with the required public notice and comment period of at least 30 days regarding thesubject brownfields project. Those tasks are as follows: 1. Publish the approved SNI in a newspaper of general circulation serving the area in which thebrownfields property is located,2. Conspicuously post a copy of the SNI at the brownfields property,3. Mail or deliver the SNI to each owner of property contiguous to the brownfields property, and 4. Provide a copy of the full NI, consisting of the one-page NI and the NBP with its three exhibits(the Brownfields Agreement, the survey plat, and the legal description), to all local governmentshaving jurisdiction over the brownfields property (this may be done via email, just ask foremail confirmation of receipt from the local gov't officials and include that confirmation in thedocumentation package you send to me). Pursuant to N.C.G.S. § 130.310.34.(b), the public comment period shall begin following completionof the above tasks. The NI and SNI, with a date filled in representing our belief as to how long itwill take you to complete those tasks is December 2, 2020 (but subject to change if you proposea different date), are attached hereto. The comment period shall not end any sooner than 30 daysafter you complete the tasks. N.C.G.S. § 130.310.34(b) also requires the Prospective Developer to submit documentation of thepublic notices to DEQ prior to DEQ entering into a Brownfields Agreement. That documentationshall be submitted by promptly providing to me, preferably at [e-mail] or atBrownfields Program, 1646 Mail Service Center, Raleigh, NC 27699-1646, the following:

Affidavit of publication of the SNI from the newspaper or a copy of the SNI published in the
newspaper which shows the name of the newspaper and the date of publication,
Photos of the SNI posted at the site, one close up to show the wording and one far enough to
show the posting location relative to the property,
Copies of the cover letters and copies of the mailing receipts stamped by the post office or
copies of the delivery service receipts for the SNI sent to contiguous property owners,
A letter or email confirming receipt of the full NI from each local government entity and the
entity where the document will be available for viewing.
Thank you for your attention to these matters. If you have any questions or require additional
information, please feel free to contact me. Best,

Cody J. Cannon, MS, PGProject Manager – Brownfields ProgramNorth Carolina Department of Environmental Quality225.223.1443 (Cell)
[e-mail]
****************************************
E-mail correspondence to and from this address may
be subject to the North Carolina Public Records Law
and may be disclosed to third parties.

23021-19-034/West Salem Shell (December 2, 2020)

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NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Site Name: West Salem Shell
Brownfields Project Number: 23021-19-034 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 December 2,
2020, 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

23021-19-034/West Salem Shell (December 2, 2020)
SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY Site Name : West Salem Shell Brownfields Project Number: 23021-19-034

Pursuant to NCGS § 130A-310.34, CCC The Easley 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 Winston-Salem, Forsyth County, North Carolina. The Brownfields
Property, which is the former site of single family residences, a gasoline service station, a church, used
automobile service sales facilities, a motorcycle repair facility, and a staffing agency, consists of 3.924
acres and is located at 100 and 114 N. Broad Street; 800 Brookstown Avenue; 0, 109, and 195 N. Green
Street; and 0, 817, and 911 W. 1st Street, Winston-Salem, Forsyth, North Carolina. Environme nta l
contamination exists on the Brownfields Property in groundwater and soil. CCC The Easley LLC has
committed itself to redevelopment of the Brownfields Property for no uses other than high density
residential, office, open space, parking, and with prior DEQ written approval, other commercial uses. The
Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement
between DEQ and CCC The Easley 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 online at the
DEQ public record database, Laserfiche, by entering the project number 23021-19-034 into the search
bar at the following web address:
https://edocs.deq.nc.gov/WasteManagement/Welcome.aspx?dbid=0&repo=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 December 2, 2020, 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
23021-19-034/West Salem Shell (December 2, 2020)
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Property Owner: CCC The Easley LLC Recorded in Book ____, Page ____
Associated plat recorded in Plat Book ____, Page ____ NOTICE OF BROWNFIELDS PROPERTY
Site Name: West Salem Shell Brownfields Project Number: 23021-19-034 This documentary component of a Notice of Brownfields Property (“Notice”), as well
as the plat component, have been filed this _____ day of __________________, 2020 by CCC The Easley LLC, a North Carolina limited liability company (“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 located at is located at 100 and 114 N. Broad Street; 800 Brookstown Avenue; 0, 109, and 195 N. Green Street; and 0, 817, and 911 W. 1st Street, Winston Salem, Forsyth County, North Carolina and consists of ten parcels totaling approximately 3.924
acres. Historically, a majority of the Brownfields Property was occupied with single family residential structures from at least the early 1900s. By 1940, a gasoline service station was located
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along the southern border of the Brownfields Property at 817 West 1st Street and a church was present along the eastern border of the Brownfields Property at 120 N. Broad Street. Subsequent
uses =included used automobile sales in the southeastern and central areas of the Brownfields Property from the late 1940s through the early 2000s. Along with a motorcycle repair facility, also
in the central portion of the Brownfields Property beginning in the early 2000s. The intended redevelopment of the Brownfields Property is for no uses other than high density residential, office, open space, parking, and with prior DEQ written approval, other commercial uses. Groundwater and soil at the Brownfields Property are known to have been impacted from historical onsite fuel filling station operations.
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. As documented in paragraph 15 of the Brownfields Agreement, the condition of
subparagraph 16.l. below has been met for the Brownfields Property as of the recorded date of this Agreement.
The land use restrictions below have been excerpted verbatim from paragraph 16 of
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the Brownfields Agreement, and all subparagraph letters/numbers are the same as those used in the Brownfields Agreement. The following land use restrictions are hereby imposed
on the Brownfields Property:
a. No use may be made of the Brownfields Property other than for high density residential,
office, open space, parking, and with prior DEQ written approval, other commercial uses. For purposes of this restriction, the following definitions apply:
i. “High Density Residential” defined as permanent dwellings where residential units are attached to each other with common walls, such as condominia, apartments, group homes,
dormitories or boarding houses, and any property outside the dwelling structures is usable by all residents and not privately owned as part of a particular unit (e.g., privately-owned courtyards are prohibited), and may include related amenities, such as pools, clubhouses, courtyards, common
areas, recreation areas and parking garages. Single family homes are prohibited; townhomes, duplexes or other units with yards are prohibited unless approved in writing by DEQ in advance.
ii. “Office” defined as the provision of business or professional services. iii. “Open Space” defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, detention facilities for stormwater.
iv. “Parking” defined as the temporary accommodation of motor vehicles in an area designed for same.
v. “Commercial” defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
b. Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ. Unless compliance with this Land Use Restriction is waived in
writing by DEQ in advance in regard to particular activity, no activities that encounter, expose, remove or use groundwater (for example, installation of water supply wells, ponds, lakes or swimming pools, or construction or excavation activities that encounter or expose groundwater)
may occur on the Brownfields Property unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DEQ deems
necessary to ensure the Brownfields Property will be suitable for the uses specified in subparagraph 16.a. above while fully protecting public health and the environment. Unless DEQ otherwise agrees, prior sampling and analysis of groundwater to the written satisfaction of DEQ
in any areas proposed for such activities, and submittal of the analytical results to DEQ is required. If such results reflect contaminant concentrations that exceed the standards and
screening levels applicable to the uses authorized for the Brownfields Property, the groundwater-related activities proposed may only occur in compliance with any written conditions DEQ imposes.
c. 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”;
ii. mowing and pruning of above-ground vegetation; iii. for repair of underground infrastructure, provided that DEQ shall be given
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written notice at least seven days in advance of a scheduled repair (if only by email) of any such repair, or in emergency circumstances no later than the next business day, and that any related
assessment and remedial measures required by DEQ shall be taken and; iv. in connection with work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined below in subparagraph 16.f.
d. 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 below in subparagraph 16.f.

f. Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved in writing
by DEQ in advance (and revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes
redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and
addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation:
i. soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in Exhibit 2;
iii. contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental contamination (e.g.,
USTs, tanks, drums, septic drain fields, oil-water separators, soil contamination); and iv. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment; g. Every January for 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).
h. No use of the Brownfields Property may occur until the then owner of the Brownfie lds
Property conducts representative final grade soil sampling of any area in accordance with the EMP referenced above in subparagraph 16.f that is not covered by at least 2 feet of clean fill, building
23021-19-034/West Salem Shell (December 2, 2020)
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foundations, sidewalks, or asphaltic or concrete parking areas and driveways.
i. Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or
entered into by DEQ, may be denied access to the Brownfields Property for purposes of conducting
such assessment or remediation, which is to be conducted using reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
j. Any deed or other instrument conveying an interest in the Brownfields Property shall
contain the following notice: “This property is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Forsyth County land records, Book ____, Page ____.” A copy of any such instrument shall be sent to the persons listed in
Section XV (Notices and Submissions), though financial figures and other confidential information related to the conveyance may be redacted to the extent said redactions comply with
the confidentiality and trade secret provisions of the North Carolina Public Records Law. The owner conveying an interest may use the following mechanisms to comply with the obligations of this subparagraph: (i) If every lease and rider is identical in form, the owner conveying an interest
may provide DEQ with a copy of a form lease or rider evidencing compliance with this subparagraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section
XV (Notices and Submissions); or (ii) the owner conveying an interest may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XV.
k. None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ 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, oils, and other similar fluids in emergency generators, machinery, equipment and vehicles in on-board tanks integral to said equipment or in flammable liquid storage containers totaling no more than 25 gallons;
iii. as constituents of products and materials customarily used and stored in high density residential, office, open space, parking, with prior DEQ written approval, other commercial
uses, provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable laws; and iv. in products or materials that are brought onto the Brownfields Property, kept in
their original packaging or containers (that is, not used or repackage) and later removed from the Brownfields Property in their original packaging or containers.
l. No enclosed building may be constructed on the Brownfields Property 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; or ii. the building is or would be sufficiently distant from the Brownfields Property’s
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groundwater and/or soil contamination based on assessment data approved in writing by DEQ that the building’s users, public health and the environment will be protected from risk from vapor
intrusion related to said contamination; or iii. vapor intrusion mitigation measures are installed and/or implemented to the
satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s
professional seal on a report that includes photographs and a description of the installation and performance of said measures. Any design specification for vapor intrusion mitigation measures
shall be approved in writing by DEQ in advance of installation and/or implementation of said measures. The design specifications shall include methodology(ies) for demonstrating
performance of said measures. m. Within 60 days after the effective date of this Agreement or prior to land disturbance
activities (unless an alternative schedule is approved in writing in advance by DEQ), Prospective Developer shall abandon monitoring wells, injection wells, recovery wells, piezometers and other
man-made points of groundwater access at the Brownfields Property, in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days after doing so, the Prospective Developer shall
provide DEQ a report, setting forth the procedures and results.
n. 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 Forsyth County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains
recorded at the Forsyth County Register of Deeds office and that the land use restrictions are being complied with, and stating: i. the name, mailing address, telephone number, and contact person’s e-mail address
of the owner submitting the LURU if said owner acquired any part of the Brownfields Property during the previous calendar year;
ii. the transferee’s name, mailing address, telephone number, and contact person’s e-mail address, if said owner transferred any part of the Brownfields Property during the previous calendar year;
iii. whether soil has been brought on to or exported from the Brownfields Property in accordance with subparagraph 16.d. above.
iv. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 16.l. 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.
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
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estate or contract, lack of benefit to particular land, or lack of any property interest in particular land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The
land use restrictions may also be enforced by DEQ through the remedies provided in NCGS § 130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having
jurisdiction over any part of the Brownfields Property; and by any person eligible for liability
protection under the Brownfields Property Reuse Act who will lose liability protection if the restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the
Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any
of the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the same violation or as to one occurring prior or subsequent thereto.
FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Brownfields Property is sold, leased, conveyed or transferred,
pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the description section, in no smaller type than that used in the body of the deed or instrument, a
statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a brownfields property under the Brownfields Property Reuse Act.

IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly executed this _____ day of _______________, 2020.
CCC The Easley LLC,
a North Carolina limited liability company By: Chaucer Creek Capital LLC,
a North Carolina limited liability company, Manager
By: _________________________________________ ________________________ William M. McClatchey, Jr. Date Manager
NORTH CAROLINA
WAKE COUNTY I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: William M. McClatchey, Jr.
Date: ___________________ ___________________________________ Official Signature of Notary
___________________________________ (Official Seal) Notary’s printed or typed name, Notary Public
My commission expires: _____________________
23021-19-034/West Salem Shell (December 2, 2020)
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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
By: _________________________________________ ________________________ Ellen Lorscheider Date
Deputy Director, Division of Waste Management

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Project 23021-19-034/West Salem Shell (December 2, 2020)
EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: CCC The Easley LLC UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re: BROWNFIELDS PROPERTY REUSE ACT ) West Salem Shell
OF 1997, NCGS § 130A-310.30, et seq. ) 100, 114, 120, 134, 138, & 142
) North Broad Street; 109 North ) Green Street; and 911 West 1st Street
Brownfields Project # 23021-19-034 ) Winston-Salem, Forsyth County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and CCC The Easley LLC (collectively the
"Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
seq. (the “Act”) for the property located at 100 and 114 N. Broad Street; 800 Brookstown
Avenue; 0, 109, and 195 N. Green Street; and 0, 817, and 911 W. 1st Street, Winston-Salem,
Forsyth, North Carolina, Winston-Salem, North Carolina (the “Brownfields Property”). A map
showing the location of the Brownfields Property that is the subject of this Agreement is attached
hereto as Exhibit 1.
CCC The Easley LLC is a manager-managed North Carolina limited liability company.
CCC The Easley LLC is managed by William M. McClatchey, Jr., Manager of Chaucer Creek
Capital LLC, a North Carolina limited liability company located at the mailing address 3605
Glenwood Avenue, Suite 445, Raleigh, North Carolina 27612. CCC The Easley LLC intends to
redevelop the Brownfields Property for no uses other than high density residential, office, open
space, parking, and, with prior DEQ written approval, other commercial uses. The Brownfields

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Project 23021-19-034/West Salem Shell (December 2, 2020)
Property has historically been occupied by residential homes, a church, a gasoline service station,
and 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 CCC The Easley LLC for contaminants at the Brownfields Property.
The Parties agree CCC The Easley LLC entry into this Agreement, and the actions
undertaken by CCC The Easley LLC in accordance with the Agreement, do not constitute an
admission of any liability by CCC The Easley LLC for contaminants at the Brownfields
Property. The resolution of this potential liability, in exchange for the benefit CCC The Easley
LLC shall provide to DEQ, is in the public interest.
II. DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
1. “Brownfields Property” shall mean the property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2. "Prospective Developer" shall mean CCC The Easley LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property comprises ten parcels totaling approximately 3.924 acres.

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Project 23021-19-034/West Salem Shell (December 2, 2020)
Prospective Developer has committed itself to redevelopment for no uses other than high density
residential, office, open space, parking, and with prior DEQ written approval, other commercial
uses. The parcel numbers with corresponding street addresses are listed below.
Parcel Number Street Address
6825-95-2491 0 W. 1st Street, Winston-Salem, NC
6825-95-3490 911 W. 1st Street, Winston-Salem, NC
6825-95-4562 195 N. Green Street, Winston-Salem, NC
6825-95-5393 817 W. 1st Street, Winston-Salem, NC
6825-95-5480 109 N. Green Street, Winston-Salem, NC
6825-95-5558 0 N. Green Street, Winston-Salem, NC
6825-95-6417 0 N. Green Street, Winston-Salem, NC
6825-95-6575 800 Brookstown Avenue, Winston-Salem, NC
6825-95-7344 100 N. Broad Street, Winston-Salem, NC
6825-95-7424 114 N. Broad Street, Winston-Salem, NC

4. The Brownfields Property is bordered to the north by Second Street followed by the
West End Station apartment complex (Brownfields Project 18028-14-034) and Second & Green
Tavern; to the south by a parking lot for BB&T Ballpark and a vacant lot currently under
construction; to the east by North Broad Street followed by single family residential homes, an
automotive repair facility called V&V Auto Solutions, and Positive Wellness Alliance ; and to the
west by Second Street followed by an electronic parts supplier called Norfolk Wire &

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Electronics.
5. Prospective Developer obtained or commissioned the following reports, referred to
hereinafter as the “Environmental Reports,” regarding the Brownfields Property:
Title Prepared by Date of Report
Phase I Environmental Site Assessment Terracon Consultants, Inc. January 17, 2019
Brownfields Assessment Report Terracon Consultants, Inc. October 15, 2019

6. For purposes of this Agreement, DEQ relies on the following information contained in
the Environmental Reports, and representations by Prospective Developer as to use and
ownership of the Brownfields Property:
a. According to aerial photographs, Sanborn® Fire Insurance Maps, and Winston-
Salem City Directories :
i The Brownfields Property and surrounding area were occupied by single
family residences from at least the early 1900s.
ii. By 1940, a church was present along the eastern border of the
Brownfields Property at 120 N. Broad Street and a gasoline filling station was located along the
southern border of the Brownfields Property at 817 W. 1st Street.
iii. By 1948, used automobile sales buildings were present at the southeast
corner of the Brownfields Property at 100 N. Broad Street.
iv. By 1971, a building used for used automotive sales followed by a
motorcycle repair facility was present in the center of the Brownfields Property at 141 N. Green
Street.
v. The last of the single family residences was removed in 2006.

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b. At the time of Brownfields eligibility determination (July 2019), only the
building located at 120 N. Broad Street and used as a staffing center was occupied. All buildings
at the Brownfields Property have since been demolished in accordance with a DEQ-approved
Environmental Management Plan (EMP).
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. A Phase I Environmental Site Assessment report was completed by Terracon
Consultants, Inc. (Terracon) on January 17, 2019. Terracon identified the following Recognized
Environmental Conditions (RECs) at the Brownfields Property:
i. The former on-site gasoline service station located at 817 W. 1st Street
including four reportedly abandoned underground storage tanks (USTs). DEQ UST Section
records for the facility (UST 00-0-0000015975) listed the USTs (one 550-gallon oil tank, one
550-gallon kerosene tank, and two 3,000-gallon gasoline tanks) as closed by removal.
Additionally, two apparent hydraulic lifts and two fuel dispenser islands were identified at the
Brownfields Property.
ii. Historical motorcycle repair activities at the former Gothic Cycle
facility located at 128 N. Broad Street.
b. Terracon completed a Brownfields Assessment Report on January 3, 2020, in
accordance with a DEQ Brownfields approved work plan. During closure and assessment
activities for the four historical USTs, one additional 550-gallon used oil UST was discovered
beneath a pile of discarded tires along the eastern boundary of the former gasoline filling station.

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Project 23021-19-034/West Salem Shell (December 2, 2020)
Each of the five USTs were removed and assessed in accordance with DEQ UST Guidelines for
Site Checks, Tank Closure, and Initial Response and Abatement for UST Releases (February
2019). Eleven total soil samples were collected from beneath the UST basins, former dispenser
islands, one hydraulic lift, and one sump pump. Volatile organic compounds (VOCs) were
detected above DEQ Residential Preliminary Soil Remediation Goals (PSRGs, December 2019),
and are shown on the attached Exhibit 2.
c. Twenty-four soil borings were installed across the Brownfields Property from
which forty-four discrete soil samples were collected to evaluate potential contamination from
former used automobile sale facilities, the former motorcycle repair facility, soil to be excavated
during proposed grading operations, and background conditions. Arsenic and hexavalent
chromium were detected at concentrations above the Residential PSRGs.
d. Five groundwater monitoring wells were installed across the Brownfields
Property revealing that groundwater flow is generally in a south-southeasterly direction.
Cadmium and lead were detected above NCAC Title 15A Subchapter 2L groundwater standards
(2L) and mercury was detected at a concentration exceeding the NCDEQ Residential Vapor
Intrusion Screening Level (VISL) in monitoring well MW-1 located immediately downgradient
from the former USTs. No detections of VOCs or semi-volatile organic compounds (SVOCs)
were disclosed by laboratory analysis of the samples collected from the monitoring wells.
e. In September 2020, soil gas samples were collected from three locations
within the proposed building footprint nearest to groundwater monitoring well MW-1. The
samples were analyzed for elemental mercury vapor by National Institute for Occupational

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Project 23021-19-034/West Salem Shell (December 2, 2020)
Safety and Health (NIOSH) Method 6099. Mercury was not detected
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on September 16, 2020. 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 commissio ning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (BPA) dated April 8, 2019, purchasing
the Brownfields Property on September 24, 2019, and conducting building demolition and site
grading activities beginning in February 2020 and in accordance with the DEQ-approved EMP.
10. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;

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Project 23021-19-034/West Salem Shell (December 2, 2020)
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
11. Prospective Developer has paid to DEQ the $2,000 fee to seek a brownfields
agreement required by NCGS § 130A-310.39(a) (1), and shall make a payment to DEQ of
$6,000 at the time Prospective Developer and DEQ enter into this Agreement, defined for this
purpose as occurring no later than the last day of the public comment period related to this
Agreement. The Parties agree that such fees will suffice as the $2,000 fee to seek a brownfields
agreement required by NCGS § 130A-310.39(a)(1), and, within the meaning of NCGS § 130A-
310.39(a)(2), the full cost to DEQ and the North Carolina Department of Justice of all activities
related to this Agreement, unless a change is sought to a Brownfields document after it is in
effect, in which case there shall be an additional fee of at least $1,000.
IV. BENEFIT TO COMMUNITY
12. The redevelopment of the Brownfields Property proposed herein would
provide the following public benefits:
a. an increase in the Brownfields Property’s productivity;

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Project 23021-19-034/West Salem Shell (December 2, 2020)
b. a spur to additional community investment and redevelopment resulting in
further tax base and employment opportunities;
b. the creation of potential future construction and construction management
opportunities for local businesses and local workers during the redevelopment period and
permanent residential management jobs thereafter;
c. an increase in tax revenue for affected jurisdictions;
d. high density residential, office, open space, parking, and with prior DEQ
written approval, other commercial use space for the area; and
e. “smart growth” through use of land in an already developed area, which avoids
development of land beyond the urban fringe (“greenfields”).
V. WORK TO BE PERFORMED
13. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) areas incorporated into the U.S. Green Building Council Leadership in Energy
and Environmental Design certification program (Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Locations & Linkages,
Awareness & Education, Innovation in Design and Regional Priority), or a similar program.
14. Based on the information in the Environmental Reports, and subject to imposition of
and compliance with the land use restrictions set forth below, and subject to Section IX of this
Agreement (DEQ’s Covenant Not to Sue and Reservation of Rights), DEQ is not requiring
Prospective Developer to perform any active remediation at the Brownfields Property other than

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Project 23021-19-034/West Salem Shell (December 2, 2020)
remediation that may be required pursuant to a DEQ-approved EMP required by this Section.
15. Based on the type and concentrations of impacts to soil, groundwater, and soil gas
observed during assessment activities as outlined in paragraph 7 above, indoor air exposure
routes do not appear to present a risk to site occupants as of the effective date of this
Agreement. Therefore, the condition of subparagraph 16.l. below has been met for the existing
site building as outlined in the approved EMP dated February 5, 2020.
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 high density
residential, office, open space, parking, and with prior DEQ written approval, other commercial
uses. For purposes of this restriction, the following definitions apply:
i. “High Density Residential” defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit (e.g., privately-owned
courtyards are prohibited), and may include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages. Single family homes are
prohibited; townhomes, duplexes or other units with yards are prohibited unless approved in

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Project 23021-19-034/West Salem Shell (December 2, 2020)
writing by DEQ in advance.
ii. “Office” defined as the provision of business or professional services.
iii. “Open Space” defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, detention facilities
for stormwater.
iv. “Parking” defined as the temporary accommodation of motor vehicles
in an area designed for same.
v. “Commercial” defined as an enterprise carried on for profit or nonprofit
by the owner, lessee or licensee.
b. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ. Unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance in regard to particular activity, no activities that encounter,
expose, remove or use groundwater (for example, installation of water supply wells, ponds, lakes
or swimming pools, or construction or excavation activities that encounter or expose
groundwater) may occur on the Brownfields Property unless and until DEQ states in writing, in
advance of the proposed activity, that said activity may occur if carried out along with any
measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses
specified in subparagraph 16.a. above while fully protecting public health and the
environment. Unless DEQ otherwise agrees, prior sampling and analysis of groundwater to the
written satisfaction of DEQ in any areas proposed for such activities, and submittal of the
analytical results to DEQ is required. If such results reflect contaminant concentrations that

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Project 23021-19-034/West Salem Shell (December 2, 2020)
exceed the standards and screening levels applicable to the uses authorized for
the Brownfields Property, the groundwater-related activities proposed may only occur in
compliance with any written conditions DEQ imposes.
c. 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”;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken and;
iv. in connection with work conducted in accordance with a DEQ-
approved Environmental Management Plan (EMP) as outlined below in subparagraph 16.f.
d. 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 below in subparagraph 16.f.
f. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved

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Project 23021-19-034/West Salem Shell (December 2, 2020)
in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in
Exhibit 2;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil
contamination); and
iv. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment;
g. Every January for 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

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Project 23021-19-034/West Salem Shell (December 2, 2020)
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).
h. No use of the Brownfields Property may occur until the then owner of the
Brownfields Property conducts representative final grade soil sampling of any area in accordance
with the EMP referenced above in subparagraph 16.f that is not covered by at least 2 feet of
clean fill, building foundations, sidewalks, or asphaltic or concrete parking areas and driveways.
i. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.

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Project 23021-19-034/West Salem Shell (December 2, 2020)
j. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: “This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Forsyth County land
records, Book ____, Page ____.” A copy of any such instrument shall be sent to the persons
listed in Section XV (Notices and Submissions), though financial figures and other confidential
information related to the conveyance may be redacted to the extent said redactions comply with
the confidentiality and trade secret provisions of the North Carolina Public Records Law. The
owner conveying an interest may use the following mechanisms to comply with the obligations
of this subparagraph: (i) If every lease and rider is identical in form, the owner conveying an
interest may provide DEQ with a copy of a form lease or rider evidencing compliance with this
subparagraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section
XV (Notices and Submissions); or (ii) the owner conveying an interest may provide abstracts of
leases, rather than full copies of said leases, to the persons listed in Section XV.
k. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ
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, oils, and other similar fluids in

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Project 23021-19-034/West Salem Shell (December 2, 2020)
emergency generators, machinery, equipment and vehicles in on-board tanks integral to said
equipment or in flammable liquid storage containers totaling no more than 25 gallons;
iii. as constituents of products and materials customarily used and stored
in high density residential, office, open space, parking, with prior DEQ written approval, other
commercial uses, provided such products and materials are stored in original retail packaging
and used and disposed of in accordance with applicable laws; and
iv. in products or materials that are brought onto the Brownfields
Property, kept in their original packaging or containers (that is, not used or repackage) and later
removed from the Brownfields Property in their original packaging or containers.
l. No enclosed building may be constructed on the Brownfields Property 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; or
ii. the building is or would be sufficiently distant from the Brownfields
Property’s groundwater and/or soil contamination based on assessment data approved in writing
by DEQ that the building’s users, public health and the environment will be protected from risk
from vapor intrusion related to said contamination; or
iii. vapor intrusion mitigation measures are installed and/or implemented
to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said
engineer’s professional seal on a report that includes photographs and a description of the

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Project 23021-19-034/West Salem Shell (December 2, 2020)
installation and performance of said measures. Any design specification for vapor intrusion
mitigation measures shall be approved in writing by DEQ in advance of installation and/or
implementation of said measures. The design specifications shall include methodology(ies) for
demonstrating performance of said measures.
m. Within 60 days after the effective date of this Agreement or prior to land
disturbance activities (unless an alternative schedule is approved in writing in advance by DEQ),
Prospective Developer shall abandon monitoring wells, injection wells, recovery wells,
piezometers and other man-made points of groundwater access at the Brownfields Property, in
accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code, unless
an alternate schedule is approved by DEQ. Within 30 days after doing so, the Prospective
Developer shall provide DEQ a report, setting forth the procedures and results.
n. 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 Forsyth County, certifying
that, as of said January 1st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Forsyth County Register of Deeds office and that the land
use restrictions are being complied with, and stating:
i. the name, mailing address, telephone number, and contact person’s e-
mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year;

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Project 23021-19-034/West Salem Shell (December 2, 2020)
ii. the transferee’s name, mailing address, telephone number, and contact
person’s e-mail address, if said owner transferred any part of the Brownfields Property during
the previous calendar year;
iii. whether soil has been brought on to or exported from the Brownfields
Property in accordance with subparagraph 16.d. above.
iv. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 16.l. 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.
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
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.

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VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
20. In addition to providing access to the Brownfields Property pursuant to subparagraph
16.i. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
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 Forsyth
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

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Project 23021-19-034/West Salem Shell (December 2, 2020)
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 Forsyth County land records, Book ____, Page ____.” A copy of any such
instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though
financial figures and other confidential information related to the conveyance may be redacted to
the extent said redactions comply with the confidentiality and trade secret provisions of the
North Carolina Public Records Law. Prospective Developer may use the following mechanisms
to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form,
Prospective Developer may provide DEQ with copies of a form lease or rider evidencing
compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XV (Notices and Submissions); or (ii) Prospective Developer may
provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section
XV.
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.

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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 subparagraph 36.a. below
of any such required notification.
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
this Agreement. That use is high density residential, office, open space, parking, and with prior
DEQ written approval, other commercial uses. Prospective Developer also certifies that to the
best of its knowledge and belief it has fully and accurately disclosed to DEQ all information
known to Prospective Developer and all information in the possession or control of its officers,
directors, employees, contractors and agents which relates in any way to any past use of

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Project 23021-19-034/West Salem Shell (December 2, 2020)
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
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.

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Project 23021-19-034/West Salem Shell (December 2, 2020)
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
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.

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Project 23021-19-034/West Salem Shell (December 2, 2020)
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 seq.
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.
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

25

Project 23021-19-034/West Salem Shell (December 2, 2020)
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)(1)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XIII. DOCUMENT RETENTION
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

26

Project 23021-19-034/West Salem Shell (December 2, 2020)
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,
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

27

Project 23021-19-034/West Salem Shell (December 2, 2020)
Brownfields Program
Mail Service Center 1646 Raleigh, NC 27699-1646
b. for Prospective Developer:
CCC The Easley,, LLC
3605 Glenwood Avenue, Suite 445 Raleigh, North Carolina 27612 ATTN: William M. McClatchey, Jr.
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
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in N.C.G.S. § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and invalidate its signature on this Agreement.
XVII. TERMINATION OF CERTAIN PROVISIONS
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

28

Project 23021-19-034/West Salem Shell (December 2, 2020)
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
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

29

Project 23021-19-034/West Salem Shell (December 2, 2020)
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.

[Signatures are on the following page]

30

Project 23021-19-034/West Salem Shell (December 2, 2020)
IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY By:
____________________________________________________________________________ Ellen Lorscheider Date Deputy Director, Division of Waste Management
IT IS SO AGREED:
CCC The Easley LLC, a North Carolina limited liability company
By: Chaucer Creek Capital LLC, a North Carolina limited liability company, Manager
By: ____________________________________________________________________________
William M. McClatchey, Jr. Date Manager

SITE LOCATION MAP
West Salem Shell
100 N. Broad Street
Winston-Salem, NC
TOPOGRAPHIC MAP IMAGE COURTESY OF THE U.S. GEOLOGICAL SURVEY
QUADRANGLES INCLUDE: WINSTON-SALEM WEST, NC (1/1/1997) and WINSTON-SALEM EAST, NC (1/1/1997).
7327 W Friendly Ave, Ste G
Greensboro, NC 27410-6253
75197092
Project Manager:
Drawn by:
Checked by:
Approved by:
MIM
CLC
CLC
1”=2,000’
W. Salem
December 2019
Project No.
Scale:
File Name:
Date: 1
Exhibit MIM
APPROXIMATE
SITE BOUNDARY

23021-19-34/West Salem Shell (December 2, 2020)

1

Exhibit 2

The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred on September 16, 2020. The following tables set forth, for
contaminants present at the Brownfields Property above unrestricted use standards or screening levels, the concentration found at each sample location, and the applicable standard or screening
level. Screening levels and groundwater standards are shown for reference only and are not set
forth as cleanup levels for purposes of this Agreement.
GROUNDWATER

Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, (April 1, 2013 version):
Groundwater Contaminant Sample Location
Date of
Sampling
Concentration Exceeding
Standard (µg/L)
Standard
(µg/L)
Cadmium MW-1 11/5/2019 2.04 2
Lead MW-1 11/5/2019 27.6B 15 B – chemical constituent detected in laboratory blank.
GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are derived
from the Residential Vapor Intrusion Screening Levels of the Division of Waste Management February 2018 Revision):
Groundwater Contaminant with Potential for Vapor
Intrusion
Sample
Location Date of Sampling
Concentration
Exceeding Screening
Level (µg/L)
Residential VI Sc
reening Level1
(µg/L)
Mercury MW-1 11/5/2019 0.838 0.18
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.

23021-19-34/West Salem Shell (December 2, 2020)

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
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration Exceeding
Screening
Level (mg/kg)
Residential
Screening
Level1 (mg/kg)
SS-08 5 10/29/2019 2.55
SB-03 2 11/4/2019 2.63
Arsenic2
SB-06 3 11/4/2019 3.15
0.68
SB-07 2 11/4/2019 3.18
3 11/4/2019 5.28
SB-09 2 11/4/2019 2.87
SB-10 2 11/4/2019 7.45
3 11/4/2019 7.07
SB-11 2 11/4/2019 4.64
SB-12,SB-
13* 2 11/4/2019 4.42
SB-12,SB-
13* 5 11/4/2019 3.15
SB-14,SB-15-SB-16,
SB-17*
2 11/5/2019 3.87
SB-18, SB-
19, SB-20,
SB-21*
2 11/5/2019 2
SB-18, SB-19, SB-20,
SB-21*
2-8 11/5/2019 2.49
SB-22, SB-23, SB-24*
2 11/5/2019 7.05
6 11/5/2019 6.01
MW-2 2 11/5/2019 5.24
MW-5 2 11/5/2019 3.37
Ethylbenzene
SS-02 8 10/28/2019 11.4
6.1 SS-03 8.5 10/28/2019 60.4
SS-04 8 10/28/2019 43.6
SS-05 8 10/28/2019 85.1

23021-19-34/West Salem Shell (December 2, 2020)

3
Soil Contaminant Sample Location Depth (ft) Date of Sampling
Concentration
Exceeding Screening
Level
(mg/kg)
Residential Screening
Level1 (mg/kg)
Hexavalent
Chromium MW-2 2 11/5/2019 1.96 0.31
Naphthalene
SS-02 8 10/28/2019 5.81
4.1 SS-03 8.5 10/28/2019 46.2
SS-04 8 10/28/2019 40.6
SS-05 8 10/28/2019 41.3
1,2,4-Trimethylbenzene SS-05 8 10/28/2019 81.4 63
1Screening 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.
2Concentrations believed to be representative of naturally occurring background conditions. *Composite samples comprised of grab samples from each sample location listed. Grab sample locations depicted in the survey plat: Exhibit B of the Notice of Brownfields Property.
APPIICMD FOR THE PURPOSES OF N.C.G.S. 13DA-.SID..S!t
Ellen Lorscheider, Deputy Director Division of Waste Management State of North Carolina County of Woke COUNTY
FORSYTH COUNTY REGISTER OF DEEDS PLAT REGISTRATION FILED FOR REGISTRATION AT ___ O'CLOCK ____ M. THIS THE _____ DAY OF 202 ___ _
GENERAL SURVEY NOTES: THIS PLAT WAS PREPARED IN ACCORDANCE WITH N.C.G.S. 130A-310.35 (NOTICE OF BROWNFIELDS PROPERTY) FOR THE PURPOSES DESCRIBED THEREIN.
� VICINITY --0 (\J '-M (D
Q <I:
SKETCH (NOT TO SCALE) 1 = SHALLOWFORD ST. c,'\·r:1-'I--" /./o( I 'l>\l '1Ji NORTH CAROLINA, I, SAID COUNTY AND , A NOTARY PUBLIC OF STATE, DO HEREBY CERTIFY THAT DID PERSONALLY APPEAR AND RECORDED IN PLAT BOOK ___ PAG�---FILLING FEE PAID: LYNNE JOHNSON, REGISTER OF DEEDS INFORMATION REGARDING THE NATURE AND QUANTITY OF SOIL AND/OR WATER CONTAMINANTS AT THIS SITE WAS PROVIDED TO THIS SURVEYOR BY TERRACON [PROJ #75197092] (GREENSBORO, NC). z � � (y �v.
t; C. � AND SIGN BEFORE ME THIS THE ______ DAY OF --------· 202 ___ .
NOTARY PUBLIC (Signature) (Official Seal)
MY COMMISSION EXPIRES ________ , ______ .
PROPERTY DWtlER'S �DGEr.:"T: CCC The Easley LLC, a North Carolina limited liability compwiy By: Chaucer Creek Capital LLC, a North Carolina limited liability company, Manager Signed: ____________ Date: __ William M. McClatchey, Jr., Manager NORTH CAROLINA, COUNTY I, ____ ___ , A NOTARY PUBLIC OF
BY: ASSISTANT/DEPUTY FORSYTH COUNTY, NORTH CAROLINA
PROPERTY INFORMATION: THE BOUNDARY OF THIS PROPERTY IS SHOWN PER PB 71 PP 87 & 89 APPARENT SOURCE OF TITLE: DB 3483 PP 3025 & 3031 (SEE ALSO RIGHT-OF-WAY CLOSURES RECORDED IN DB 2785 PG 3725 AND DB 3506 PG 3348) TAX MAP REFERENCES: 6825-95-7344.00; 6825-95-5393.00; 6825-95-5480.00; 6825-95-6417.00; 6825-95-7424.00; 6825-95-5558.00; 6825-95-6575.00; 6825-95-4562.00; 6825-95-2491.00; 6825-95-3490.00; TOTAL SITE AREA = 3.924 ACRES± ACCORDING TO FEMA FLOOD INSURANCE RATE MAP COMMUNITY PANEL #3710682500-J, EFFECTIVE 2 JANUARY, 2009, THIS PROPERTY DOES NOT LIE WITHIN THE 100-YEAR OR OTHER SPECIAL HAZARD FLOOD ZONE.
ALL BOUNDARY & LOCATION INFORMATION IS SHOWN PER A SURVEY BY SACKS SURVEYING COMPLETED 23 MARCH, 2020. ALL DEEDS AND MAPS NOTED HEREON WERE USED AS REFERENCES IN PREPARING THIS SURVEY. +AN ENVIROMENTAL SAMPLING SITE DIAGRAM PREPARED BY TERRACONDATED 12/23/19THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. THERE MAY BE EASEMENTS, RIGHTS-OF-WAY, OR OTHER MATTERS AFFECTING THIS PROPERTY WHICH ARE NOT SHOWN HEREON. THERE ARE IMPROVEMENTS TO THIS PROPERTY NOT SHOWN HEREON. ANY UNDERGROUND IMPROVEMENTS ARE SHOWN HEREON BASED ON SURFACE EVIDENCE ONLY. THIS SURVEYOR CANNOT CERTIFY TO NOR ACCEPT LIABILITY FOR THE PRESENCE AND/OR LOCATION OF BURIED OR OTHERWISE NON-VISIBLE IMPROVEMENTS TO THIS SITE.
I-
;; (/) it:. "' "' z \u.l
Q 'i -°' -t-L'.J '!}. � u <:' z N "';ir w If � "' N c3
� w
z '<-°'w
¢<,; RSALEM PKWY.
it:.it:."'"'
SAID COUNTY AND STATE, DO HEREBY CERTIFY THAT DID PERSONALLY APPEAR AND SIGN BEFORE ME THIS THE ______ DAY OF u.l 0:: (..'.)
---1 -R/W---L----
J LR/W w. --------· 202 ___ .
NOTARY PUBLIC (Signature) (Official Seal)
MY COMMISSION EXPIRES ________ , ______ .
SURVEYOR'S CERTIFICATE: STANLEY ROBERT SACKS . . I, _____ certify that this plot was drawn under my supervision from an actual survey made under my supervision(deed description 3483 3025 recorded in Book 3483, page 3031, etc.)(other); that the boundaries not surveyed are clearly indicated as drown from information found in Book PB 7! page �; that the ratio of precision or positional accuracy as calculated is 118,46,1 that this Qlat was prepared in accordance with G.S.47-30 as amended; Pursuont to GS 47-30(1)(11), this survey: (d) Is of another category, such as the recombination existing parcels, a court-ordered survey, or other exemption or exception to the definition of subdivision;
Witness my original signature, license number and Seal thls_day of __ �.D. 2020. SEAL OR STAMP
DOCUMENT
License Number
PRELIMINARY PLAT
NOT FOR RECORDING, .. SALES OR CONVEYANCE
IIE'IEW OFl'ICER CERTIFICATE State of North Carolina County of Guilford
I, _____ Review Officer of the City of Greensboro, Guilford County, certify that the mop or plat to which this certification is affixed meets all statutory requirements for recording.
Signed Review Officer
IPF = IRON PIPE FOUND
Date ____ _
PROPERTY/BROWNFIELDS LINE (SURVEYED) PROPERTY LINE (NOT SURVEYED) RIGHT -OF -WAY LINE SETBACK LINE (SIZE/TYPE NOTED) EASEMENT (SIZE./TYPE NOTED) RBF = IRON REBAR FOUND PKF = MAGNETIC NAIL FOUND NF = MASONRY NAIL FOUND IPS = IRON PIPE SET TBM 0 &
TEMP. BENCHMARK SURVEY CONTROL Pt. SOIL SAMPLE LOCATION PKS = MAGNETIC NAIL SET R/W = RIGHT OF WAY N/F = NOW OR FORMERLY ESMT = EASEMENT Typ.= TYPICAL C/L = CENTERLINE
ID# 0 i GROUNDWATER SAMPLE LOCATION
R/w
0 z Lu c., Lu _J
LEG TABLE: LINE BEARING DISTANCE L1 N 7g·o9 1 o .. w 52.15 L2 N 79·09 10 .. W 49.90 L3 s 08"02'15" W 0.57'L4 N 79·30 59 w 11.02 L5 N 78"18'51 w 22.10 L6 N 74·44 02" W 20.87 L7 N 73"48 41 .. W 24.50 LB N 73"42 14 .. W 25.83 L9 N 73"53 01" W 24.73 L10 N 73"42 36 w 15.91 L 11 N 25"58 40 w 20.56 L12 N 21"57 46 E 31.30 L13 N 33"16 22 E 50.99 L14 N 68"03 21 .. W 10.00 L15 N 21"57 46 .. E 46.78 L22 s 05"27'46 .. E 27.38 L23 s 06"59'24'' E 55.65 L24 s 07"03 10 E 60.65 L25 s 09·43 23 E 62.30 L26 s 13'58 07 E 47.19 L27 s 15"45'19 .. E 23.39 L28 s 18·02·28 .. E 33.31 L29 s 20'57'48 .. E 18.35 L30 s 21'32'33" E 18.32 L31 s 22"14 40 E 13.28 L32 s 23"20 17 E 18.30 L33 s 05'02 58 w 0.58 I
I I
R/W----­
PKF IN CONC� SIDEWAK
I
I
I
[TIE]
I
I
S 87"51'10" E -96M° -
0'
I 0�.)....$$4J�� I j J..::. ��� /t'!Jt{� I
I � �S:J I ii! .:::i "" -2:,
CURVE TABLE: URVE RADIU� ARL LENGTH HORD LENGTH C1 189.87 36.00 35.94 C2 189.87' 35.30 35.25 C3 166.23' 41.51 41.40 C4 262.50 147.54 145.61 CB 18.00 36.93 30.79
cHORD BEARING N 77"45 08 .. W N 66"59 39 .. W N 68'49 19" W N 38'03 53 E S 35"26 22 w
I I
--
DELTA ANGLE 10"51 46� 10-39 11"14'18 30" 32"12 13 11,33 18
I
• z
\l..-_R __
SB-15* 0
IRON PIPES FOUND AT ALL PROPERTY CORNERS UNLESS NOTED OTHERWISE.
LOT 1
PB 71 PG 89
.3.924 Ac.±
SB-14* 0 SB-19' 0 SB-18*
--
0
L­L-5
---
SB-17• 0 SB-16' 0
SB-09 0
.,_
SB-07 0
0
0 MW2 0
c,<C-1�, . "/ 'I'' �y'St,,O � fl�9�/
GEODETIC SURVEY NOTES: N.C. GRID COORDINATES AND ELEVATIONS SHOWN HEREON WERE ESTABLISHED BYRAPID STATIC GPS METHODS USING SPECTRA PRECISION SP-80 GPS EQUIPMENT,HOLDING LOCAL CORS STATIONS (VRS) AS FIXED HORIZONTAL AND VERTICALREFERENCE. A WEIGHTED LEAST-SQUARES AVERAGE OF THREE INDEPENDENTOBSERVATIONS WAS USED TO CALCULATE THE RESULTAND POSITIONS.
Class of Survey: A Positional Accuracy: 0.02' Horiz. / 0.02' Vert. Type of GPS field procedure: Rapid Static (VRS) Dote of Survey: 02 April, 2020 Datum/Epoch: NAO 83 (2011) Published/fixed-control used: Local CORS Stations Geoid Model: Geoid 120 Combined grid factor: 0.99994148 Units: US Survey Feet THE VERTICAL DATUM IS NAVO 88 ALL DISTANCES ARE HORIZONTAL GROUND MEASUREMENTS UNLESS NOTED OTHERWISE. BEARINGS PER PB 71 PP 87 & 89 HAVE BEEN ORIENTED TO NAD 83(2011) PER THE ABOVE CPS GRID TIE.
SB-13* 0
SB-12' 0
SB-02 0
0
56.74•
I ,.., ,..,
r I ,..,
N 84"57'02" W107.58'
SECOND ST. ___ R/W
I
--
I
r I "' "'
I
\
\
THE AREAS AND TYPES OF CONTAMINATION DEPICTED HEREON ARE APPROXIMATIONS DERIVED FROM THE BEST AVAILABLE INFORMATION AT THE TIME OF FILING. A LISTING OF THE TECHNICAL REPORTS USED TO PERPARE THIS PLAT ARE AVAILABLE IN THE BROWNFIELDS AGREEMENT FOR THIS PROPERTY.
CONTAMINANT TABLES:
SS-# SAMPLE LOCATIONS WERE NOT FIELD SURVEYED. APPROXIMATE COORDINATES ARE GIVEN AS SCALED FROM A SAMPLE LOCATION EHXIBIT AS PREPARED BY TERRACON DATED 12/23/2019 PT# N(y) E(x) 855317 855317 855305
\ 855317 855305 855330 855344 855309 rt: 855318 \mll:
\
\
1629660 1629668 1629666 1629675 1629674 1629664 1629605 1629628 1629582 1629537 1629652
ELEV
SHALLOW­FORD ST .
\
\
REVISIONS:
ID SS-01 SS-02 SS-03 SS-04 SS-05 SS-06 SS-07 SS-08 SS-09 SS-10 SS-11
SAMPLE LOCATIONS: SAMPLE LOCATIONS WERE SURVEYED BY DAVIS MARTIN POWELL & ASSOCIATES NOVEMBER 2019 AND COORDINATES WERE SUPPLIED TO THIS SURVEYOR BY TERRACON. ALL COORDINATES ARE REFERENCED TO NORTH CAROLINA STATE PLANE GRID NORTH (NAO 83/2011 ). ALL ELEVATIONS ARE REFERENCED TO THE NAVD 88 VERTICAL DATUM. PT# N(y) E(x) ELEV ID 124 855296.183 1629668.837 922.234 MW-1 122 855321.928 1629599.369 923.744 MW-2 109 855515.549 16297 34. 776 906.761 MW-5 125 855319.630 1629695.158 915.844 SB-01 108 855474.297 1629693.731 911.456 SB-02 129 855666.845 1629703.731 910.114 SB-03 110 855421.960 1629752.727 910.106 SB-06 123 855392.499 1629563.839 924.096 SB-07 105 855399.132 1629480.233 922.783 SB-09 121 855367.558 1629432.789 921.494 SB-10 127 855348.183 1629777.119 912.272 SB-11 107 855521.838 1629662.020 911.956 SB-12 106 855562.261 1629643.269 912.328 SB-13 103 855528.506 1629539.917 920.397 SB-14 112 855539.824 1629481.287 919.967 SB-15 104 855463.299 1629506.672 921.827 SB-16 111 855473.795 1629469.806 920.954 SB-17 113 855506.914 1629402.618 916.710 SB-18 115 855508.540 1629352.324 913.26 SB-19 114 855558.961 1629368.115 913.983 SB-20 855600 1629393 SB-21 • 117 855464.054 1629355. 799 914.762 SB-22 118 855423.526 1629339.44 7 914.112 SB-23 120 855384.030 1629329.836 914.709 SB-24 •LOCATION OF SB-21 IS APPROXIMATE AS DERIVEDFROM INFORMATION SUPPLIED BY TERRACON
OWNER: CCC THE EASLEY LLC (formerly CCC BALLPARK APARTMENTS LLC) 3605 GLENW OOD AVE #445 RALEIGH, BC 27612 SURVEYOR; STANLEY ROBERT SACKS PLS L-2913 SSM SACKS SURVEYING& MAPPING, P.C. LAND SURVEYORS 4-6-20 -PER CLIENT REVIEW COMMENTS4-14-20 -ADD SAMPLE LOCATIONS7-23-20 -PER NCDENR COMMENTS10-23-20 -PER NCDENR COMMENTS FIRM LIC #C-2741 3308-B Edgefield Road Greensboro, NC 27409 (336} 931-0566 FAX [phone] WWW.SSM.LAND PLAT BOOK __ PAGE __
PRELIMINARY PLAT
NOT FOR RECORDING, SALES OR CONVEYANCE
EXHIBIT B to the
Brownfields Property
(SHEET 1
Notice of
SURVEY
of 2) WEST SALEM SHELL
BROWNFIELDS PROJECT #23021-19-034
PLAT BOOK 71 PAGE 89 LOT 1
PLAT
CITY OF WINSTON-SALEM, WINSTON Twp.,FORSYTH Co., N.C.
PLAT PREPARED 02 APRIL, 2020
SCALE 1 INCH 50 FEET
50 0 25 50 100 200 ��1_1--1 ____ �1 DRAWING FILE NAME: HOMERWS2-BROWNFIELDS-PLAT.DWG
FORSYTH COUNTY REGISTER OF DEEDS PLAT REGISTRATION
FILED FOR REGISTRATION AT ____ O'CLOCK ____ M.
THIS THE ___ µn.AY OF ___________ ,202 ___ _
AND RECORDED IN PLAT BOOK ______ ,PAGE _____ _ FILLING FEE PAID: LYNNE JOHNSON, REGISTER OF DEEDS
BY:---:==.c-:::===:-----·-----ASSISTANT /DEPUTY FORSYTH COUNTY, NORTH CAROLINA
APPIIOV[D FOR THE PURPOSES 0, N.C.G.S. 130A-310..V.
Ellen Lorscheider, Deputy Director Division of Woslf! t.1onogement State of North Carolina County of Woke
NORTH CAROLINA. ----·------�� COUNTY I, �==����==-·�c,-�• A NOTARY PUBLIC OF SAID COUNTY AND STATE, DO HEREBY CERTIFY THAT DID PERSONALLY APPEAR AND SIGN BEFORE ME THIS THE ______ DAY OF , 202 ___ •
NOTARY PUBLIC (Signature)
(Official Seal)
MY COMMISSION EXPIRES ----·---· ------·
FROFERTY OWtlER'S ACK-.i:DCEr.:"T: CCC The Easley LLC, a North Carolina limited liability company By: Chaucer Creek Capital LLC, a North Carolina limited liability company, Manager Signed: _____________ Date: __ William M. McClatchey, Jr., Man.ager NORTH CAROLINA, COUNTY I, ------·--·--• A NOTARY PUBLIC OF SAID COUNTY AND STATE, DO HEREBY CERTIFY THAT DID PERSONALLY APPEAR AND SIGN BEFORE ME THIS THE ______ DAY OF --------· 202 ___ .
NOTARY PUBLIC (Signature)
(Official Seal)
MY COMMISSION EXPIRES ----·---• ------
SURVEYOR'S CERTIFICATE:
STANLEY ROBERT SACKS • • I, _____ certify that this plotwas drown under my supervision from an actual survey made under my supervision{deed description 3483 3025 recorded in Book 3483. page 3031, etc.)(other); that the boundaries not surveyed are clearly indicated as drown from information found in Book PB 7! page _filL; that the ratio of precision or positional accuracy as calculated is 118,46;1 that this Qlat was prepared in accordance with G.S.47-30 as amended;
Pursuant to GS 47-30(1)(11), this survey: (d) Is of another category, such as the recombination existing parcels, a court-ordered survey, or other exemption or exception to the definition of subdivision;
Witness my original signature, license number and
Seal this __ doy of A,D. 2020.
SEAL OR STAIMP
License Number
� ' PRELIMINARY PLAT
NOT FOR RECORDING, SALES OR CONVEYANCE
REVEW 0,l'IC[R CERTIFICATE
Stole of North Corolino County of Guilford
I, ---�-Review Officer of the City of Greensboro, Guilford County, certify that the map or plot to which this certificotion is offixed meets oll stotutory requirements for recording.
Signed Dote ____ _ Review Officer
LAND USE RESTRICTIONS (Notice of Brownfields Property)
REVISIONS: 4-6-20 -PER CLIENT REVIEW COMMENTS
4-14-20 -ADD SAMPLE LOCATIONS
7-23-20 -PER NCDENR COMMENTS
10-23-20 -PER NCDENR COMMENTS
OWNER: CCC THE EASLEY LLC (formerly CCC BALLPARK APARTMENTS LLC) 3605 GLENWOOD AVE #445 RALEIGH, BC 27612
SURVEYOR:
STANLEY ROBERT SACKS PLS L-2913 SSM FIRM LIC #C-2741 3308-B Edgefield Road Greensboro, NC 27409 SACKS SURVEYING & MAPPING, P.C. LAND SURVEYORS (336} 931-0566 FAX [phone] WWW.SSM.LAND PLAT BOOK __ PAGE __
EXHIBIT B to the
Brownfields Property
(SHEET 2
Notice of
-SURVEY
of 2)
PLAT
WEST SALEM SHELL
BROWNFIELDS PROJECT #23021-19-034
PLAT BOOK 71 PAGE 89 LOT 1
CITY OF WINSTON-SALEM, WINSTON Twp.,FORSYTH
PLAT PREPARED 02 APRIL, 2020
SCALE 1 INCH = 50 FEET
Co., N.C.
50 0 25 50 100 200 ��1_1--1 ____ �,
DRAWING FILE NAME: HOMERWS2-BROWNFIELDS-PLAT.DWG
Forsyth
16
EXHIBIT C LEGAL DESCRIPTION – PLAT BOOK 71, PAGE 89, LOT 1
West Salem Shell Brownfields Project 23021-19-034

All that certain tract or parcel of land, being located in the City of Winston-Salem, Winston Township, Forsyth County, North Carolina, being more particularly described as
follows:
BEGINNING at a magnetic nail found in the northerly right of way line of West First Street, said magnetic nail lying North 63 deg. 40’ 23” East a distance of 79.98 feet from a magnetic nail (said nail having NC State Plane Grid Coordinates (NAD 83/2011) of N(y)
= 855,264.728’ and E(x) = 1,629,515.812’) found in the southerly right of way line of West First Street having NC State Plane Grid Coordinates (NAD 83/2011) of N(y) =
855,264.728’ and E(x) = 1,629,515.812’); running thence with the northerly right-of-way line of West First Street the following thirteen (13) courses and distances:
1) Along a curve to the right an arc length of 35.30 feet to a magnetic nail found, said arc having a chord bearing of North 66 deg. 59’ 39” West, a chord distance
of 35.25 feet, and a radius of 189.87 feet; 2) Along a curve to the left an arc length of 41.51 feet to a magnetic nail found, said arc having a chord bearing of North 68 deg. 49’ 19” West, a chord distance of
41.40 feet, and a radius of 166.23 feet; 3) North 79 deg. 09’ 10” West a distance of 52.15 feet to a metal rebar found;
4) North 79 deg. 09’ 10” West a distance of 49.90 feet top a nail found; 5) South 08 deg. 02’ 15” West a distance of 0.57 feet to a magnetic nail found; 6) North 79 deg. 30’ 59” West a distance of 11.02 feet to an iron pipe found;
7) North 78 deg 18’ 51” West a distance of 22.10 feet to an iron pipe found; 8) North 74 deg. 44’ 02” West a distance of 20.87 feet to an iron pipe found;
9) North 73 deg. 48’ 41” West a distance of 24.50 feet to an iron pipe found; 10) North 73 deg. 42’ 14” West a distance of 25.83 feet to an iron pipe found; 11) North 73 deg. 53’ 01” West a distance of 24.73 feet to an iron pipe found;
12) North 73 deg 42’ 36” West a distance of 15.91 feet to an iron pipe found; and 13) North 25 deg 58’ 40” West a distance of 20.56 feet to an iron pipe found in the
easterly right of way line of West Second Street; Thence with the easterly right of way line of West Second Street the following seven (7)
courses and distances:
1) North 21 deg. 57’ 46” East a distance of 31.30 feet to an iron pipe found; 2) North 33 deg. 16’ 22” East a distance of 50.99 feet to an iron pipe found; 3) North 21 deg 57’ 46” East a distance of 148.97 feet to an iron pipe found;
4) North 68 deg. 03’ 21” West a distance of 10.00 feet to an iron pipe found; 5) North 21 deg. 57’ 46” East a distance of 46.78 feet to an iron pipe found; and
6) Along a curve to the right an arc length of 147.54 feet to an iron pipe found, said arc having a chord bearing of North 38 deg. 03’ 53” East, a chord distance of
145.61 feet, and a radius of 262.50 feet; 7) South 68 deg. 06’ 17” East a distance of 1.18 feet to an iron pipe found, being the
westernmost corner of Lot 2 as shown in Plat Book 71, Page 89 of the Forsyth
County Register of Deeds;
Thence with the southerly line of said Lot 2 South 68 deg. 06’ 17” East a distance of 281.73 feet to an iron pipe found in the westerly right of way line of North Broad Street;
thence with the westerly right of way line of North Broad Street the following thirteen (13) courses and distances:
1) South 05 deg. 27’ 46” East a distance of 27.38 feet to an iron pipe found; 2) South 06 deg. 59’ 24” East a distance of 55.65 feet to an iron pipe found;
3) South 07 deg. 03’ 10” East a distance of 60.65 feet to an iron pipe found; 4) South 09 deg. 43’ 23” East a distance of 62.30 feet to an iron pipe found; 5) South 13 deg. 58’ 07” East a distance of 47.19 feet to an iron pipe found;
6) South 15 deg. 45’ 19” East a distance of 23.39 feet to an iron pipe found; 7) South 18 deg. 02’ 28” East a distance of 33.31 feet to an iron pipe found;
8) South 20 deg. 57’ 48” East a distance of 18.35 feet to an iron pipe found;
9) South 21 deg. 32’ 33” East a distance of 18.32 feet to an iron pipe found; 10) South 22 deg. 14’ 40” East a distance of 13.28 feet to an iron pipe found;
11) South 23 deg. 20’ 17” East a distance of 18.30 feet to an iron pipe found; 12) Along a curve to the right an arc length of 36.93 feet to an iron pipe found, said
arc having a chord bearing of South 35 deg. 26’ 22” West, a chord distance of
30.79 feet, and a radius of 18.00 feet; and 13) South 05 deg. 02’ 58” West a distance of 0.58 feet to an iron pipe found in the
northerly right of way line of West First Street;
Thence with the northerly right-of-way line of West First Street the following three (3) courses and distances:
1) North 84 deg. 57’ 02” West a distance of 107.58 feet to a magnetic nail found; 2) North 83 deg 19’ 34” West a distance of 56.74 feet to a metal rebar found;
3) Along a curve to the right an arc length of 36.00 feet to a magnetic nail found, said arc having a chord bearing of North 77 deg. 45’ 08” West, a chord distance of 35.94 feet, and a radius of 189.87 feet, the point and place of BEGINNING,
BEING ALL of Lot 1 as shown in Plat Book 71, Page 89 of the Forsyth County Register
of Deeds Office, containing 3.924 acres, more or less.