19059_Stork Rotary NI Full Pkg 2021.02.12

19059-15-060/Stork Rotary (2021.02.04) 1
NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Stork-Rotary Drive Brownfields Project Number:19059-15-060 North Carolina’s Brownfields Property Reuse Act (the “Act”), North Carolina General Statutes (“NCGS”)
§ 130A-310.30 through 130A-310.40, provides for the safe redevelopment of abandoned, idled, or underused
properties at which expansion or redevelopment is hindered by actual or potential environmental contamination.
One of the Act’s requirements is the submittal of this Notice of Intent to Redevelop a Brownfields Property (“NI”)
that has been approved by the North Carolina Department of Environmental Quality (“DEQ”) for public notification
purposes as per NCGS § 130A-310.34(a). The NI shall 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 (“NBP”) prepared in accordance with NCGS § 130A-310.35. The proposed NBP for a
particular brownfields project is attached hereto. The proposed NBP includes the proposed Brownfields Agreement,
which is attached as Exhibit A, and the other required elements of this NI. A Summary of this Notice of Intent
(“SNI”) shall include a statement as to the public availability of the full NI. The party (“Prospective Developer”)
who desires to enter into a Brownfields Agreement with DEQ must provide a full copy of this NI to all local
governments having jurisdiction over the Brownfields Property.
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as
the day after which all of the following public notice tasks have occurred: the date the required SNI 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 public comments may be submitted to DEQ within 30 days after the public comment
period begins. Written requests for a public meeting may be submitted to DEQ within 21 days after the public
comment period begins. These periods will start no sooner than Thursday, March 4, 2021 and will end no sooner
than the later of: 1) 30 and 21 days, respectively, after that; or 2) 30 and 21 days, respectively, after completion of
the latest of the three (3) above-referenced tasks, if such completion occurs later than the date stated herein. All
comments and meeting requests should be addressed as follows:

Mr. Bruce Nicholson Brownfields Program Manager Division of Waste Management NC Department of Environmental Quality 1646 Mail Service Center Raleigh, North Carolina 27699-1646

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Property Owner: No Bull Properties, LLC Recorded in Book __________, Page ___________ Associated plat recorded in Plat Book __________, Page ___________ NOTICE OF BROWNFIELDS PROPERTY Brownfields Property Name: Stork-Rotary Drive Brownfields Project Number:19059-15-060 This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat component, have been filed this ________ day of __________________, 202__ by No Bull Properties, LLC (“Prospective Developer”). This Notice concerns contaminated property. A copy of this Notice certified by the North Carolina Department of Environmental Quality (“DEQ”) is required to be filed in the Register of Deeds’ Office in the county or counties in which the land is located, pursuant to North Carolina General Statutes (“NCGS”), § 130A-310.35(b). This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate the danger to public health or the environment posed by environmental contamination at a property (“Brownfields Property”) being addressed under the Brownfields Property Reuse Act of 1997, NCGS § 130A, Article 9, Part 5 (“Act”). Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified copy of this Notice within 15 days of Prospective Developer’s receipt of DEQ’s approval of the Notice or Prospective Developer’s entry into the Brownfields Agreement required by the Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the grantor index under the names of the owners of the land and, if Prospective Developer is not the owner, also under the Prospective Developer’s name.
The Brownfields Property comprises an approximately 6.902-acre parcel that is the site of the former SPGPrints America Facility (SPGPrints). The Brownfields Property address is 3201 Rotary Drive in Charlotte, North Carolina (Mecklenburg County Tax Parcel Identification Number 04501312). No Bull Properties, LLC, intends to redevelop the Brownfields Property for no uses other

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than office, retail, industrial, warehousing, and subject to DEQ’s prior written approval, other
commercial use. Historical operations on the Brownfields Property included agricultural use, diesel engine/truck repair facility operated as Covington Diesel, screening and printing by various names
Stork Prints America, SPG Prints, and American Monforts, most recently operating a sales office
only. Soil, groundwater, and soil vapor are contaminated at the Brownfields Property due to historical operations conducted thereon and/or in the surrounding area. The Brownfields Agreement between Prospective Developer and DEQ is attached hereto as Exhibit A. It is required by NCGS § 130A-310.32 and 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. 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 8.5 inches x 11 inches, of the survey plat component of this Notice. This plat shows areas designated by DEQ, has been prepared and certified by a professional land surveyor, meets the requirements of NCGS § 47-30, and complies with NCGS § 130A-310.35(a)’s requirement that the Notice identify:

(1) The location and dimensions of the areas of potential environmental concern with respect to permanently surveyed benchmarks.
(2) The type, location and quantity of regulated substances and contaminants known to exist on the Brownfields Property.

Attached hereto as Exhibit C is a legal description of the Brownfields Property that would be sufficient as a description of the property in an instrument of conveyance. LAND USE RESTRICTIONS
NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the current and future use of the Brownfields Property that are necessary or useful to maintain the level of protection appropriate for the designated current or future use of the Brownfields Property and that are designated in the Brownfields Agreement. The restrictions shall remain in force in
perpetuity unless canceled by the Secretary of DEQ (or its successor in function), or his/her designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e). All references to DEQ shall be understood to include any successor in function. The land use restrictions below have been excerpted verbatim from paragraph 13 of the Brownfields Agreement, and all subparagraph letters/numbers are the same as those used in the Brownfields Agreement. The following land use restrictions are hereby imposed on the Brownfields Property: a. No use may be made of the Brownfields Property other than for office, retail,
industrial, warehousing and subject to DEQ’s prior written approval, other commercial uses. For

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purposes of this restriction, the following definitions apply:
i. Office is defined as a place where the business or professional services are provided.
ii. Retail is defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service,
farmer’s markets, food festivals, and the sales of food and beverage products, including from
mobile establishments such as food trucks.
iii. Industrial is defined as the assembly, fabrication, processing, warehousing or distribution of goods or materials
iv. Warehousing is defined as the use of a commercial building for storage
of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others,
and also refers to the storage of goods and materials for a specific commercial establishment of a group of establishments in a particular type of industry or commercial activity.
v. Commercial is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
b. The Brownfields Property may not be used for child care centers, adult care
centers, or schools without the prior written approval of DEQ.
c. Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation:
i. demolition of existing buildings, if applicable;
ii. soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports;
iii. issues related to potential sources of contamination referenced in Exhibit 2;
iv. 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
v. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of excavated soil during
redevelopment;
d. No later than January 31 after each one-year anniversary of the effective date of this Agreement for as long as physical redevelopment of the Brownfields Property continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment),
the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ

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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 VI: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil, groundwater, or other materials suspected or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all legally required manifests shall be included).
e. Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 13.a
above while fully protecting public health and the environment. Should groundwater be encountered or exposed during any activity on the Brownfields Property, it shall be managed in accordance with the DEQ-approved EMP outlined in subparagraph 13.c, or a plan approved in writing in advance by DEQ.
f. No activity that disturbs soil on the Brownfields Property, may occur unless and
until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in subparagraph 13.a above while fully protecting public health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair (if only by email) of any such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined above in subparagraph 13.c.
g. Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined above in subparagraph 13.c.
h. No enclosed building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 17 below, may be occupied until DEQ determines in writing that:

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i. the building is or would be protective of the building’s users and public
health from the risk of vapor intrusion based on site assessment data, or a site-specific risk assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate vapors for subgrade building features in
accordance with the most recent and applicable DWM Vapor Intrusion Guidance, Interstate
Technology & Regulatory Council (ITRC) guidance, and American National Standards Institute (ANSI)/American Association of Radon Scientists and Technologists (AARST) standards, and that said design shall fully protect public health to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s professional seal, and shall include a
performance monitoring plan detailing methodologies and schedule, both of which are subject to
prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ approval that includes details on any deviations from the system design, as-built diagrams, photographs, and a description of the installation with said engineer’s professional seal confirming that the system was installed per the DEQ-approved design and will be protective of
public health.
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. The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants shall be responsible for repair of any such wells to DEQ’s written satisfaction and
within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance.
k. Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: “This property is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County
land records, Book _________, Page __________.” A copy of any such instrument shall be sent
to the persons listed in Section XVII (Notices and Submissions), though financial figures and other confidential information related to the conveyance may be redacted to the extent said redactions comply with the confidentiality and trade secret provisions of the North Carolina Public Records Law. The owner may use the following mechanisms to comply with the
obligations of this subparagraph: (i) If every lease and rider is identical in form, the owner
conveying an interest may provide DEQ with copies of a form lease or rider evidencing compliance with this subparagraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XVII (Notice and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather than full copies of said leases, to the persons listed in
Section XVII.
l. 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

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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. in fluids in vehicles;
m. No disturbance or alteration of the slab within the existing building footprint, as depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 21 below, may occur unless in accordance with a DEQ-approved EMP, unless otherwise approved in advance in writing by DEQ, or unless in the case of emergency circumstances for
repair of underground infrastructure, in which case DEQ shall be provided written notice no later
than the next business day and any related assessment and remedial measures required by DEQ shall be taken.
n. During January of each year after the year in which the Notice referenced below in paragraph 17 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to
DEQ, and to the chief public health and environmental officials of Mecklenburg County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that the land use restrictions are being complied with. If the Brownfields Property is transferred, the
grantor shall submit a LURU (as outlined above) which covers the period of time they owned the
Brownfields Property. The submitted LURU shall state the following:
i. the name, mailing address, telephone number, and contact person’s e-mail address of the owner, or board, association or approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a joint LURU is submitted, 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, or each of the owners on whose behalf a joint LURU is submitted, transferred any part of the Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 13.h above are performing as designed, and whether the uses of the ground
floors, including any tenant renovations, of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how, and under which precautions so as not to interfere with the operation of said system.
iv. a summary of the inspection and any repairs to the previously repaired
cracks in the existing building slab as referenced in subparagraph 13.m. above.
iv. A joint LURU may be submitted for multiple owners by a duly constituted board or association and shall include the name, mailing address, telephone number, and contact person’s e-mail address of the entity submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is submitted.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ Brownfields Property Management Unit referenced in subparagraph 32.a. of Exhibit A hereto, at the address stated therein.

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ENFORCEMENT The above land use restrictions shall be enforceable without regard to lack of privity of estate or contract, lack of benefit to particular land, or lack of any property interest in particular
land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The land use restrictions may also be enforced by DEQ through the remedies provided in NCGS § 130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having jurisdiction over any part of the Brownfields Property; and by any person eligible for liability protection under the Brownfields Property Reuse Act who will lose liability protection if the
restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the same violation or as to one occurring prior or subsequent thereto.
FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS When any portion of the Brownfields Property is sold, leased, conveyed or transferred, pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the
description section, in no smaller type than that used in the body of the deed or instrument, a statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a brownfields property under the Brownfields Property Reuse Act.

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IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this _____ day of _______________, 202__. No Bull Properties, LLC

By: __________________________________________ Graham Andres Manager
NORTH CAROLINA
_______________ COUNTY I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated: ________________________________.
Date: ___________________ ___________________________________ Official Signature of Notary ___________________________________
(Official Seal) Notary’s printed or typed name, Notary Public
My commission expires: _____________________

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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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EXHIBIT A NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: No Bull Properties, LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AG REEMENT re: BROWNFIELDS PROPERTY REUSE ACT ) Stork-Rotary Drive OF 1997, NCGS § 130A-310.30, et seq. ) 3201 Rotary Drive
Brownfields Project No. 19059-15-060 ) Charlotte, Mecklenburg County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and No Bull Properties, 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 3201 Rotary Drive in Charlotte, Mecklenburg County, 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.
The Prospective Developer is No Bull Properties, LLC, a North Carolina Limited Liability
Company, headquartered at 326 Tryon Road, Raleigh, North Carolina 27603. Its manager is Mr.
Graham Andres, of the same address.
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 X (Certification), Section XI (DEQ’s Covenant Not to Sue and
Reservation of Rights) and Section XII (Prospective Developer’s Covenant Not to Sue), the potential
liability of No Bull Properties, LLC for contaminants at the Brownfields Property.
The Parties agree that No Bull Properties, LLC ’s entry into this Agreement, and the actions

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undertaken by No Bull Properties, LLC in accordance with the Agreement, do not constitute an
admission of any liability by No Bull Properties, LLC for contaminants at the Brownfields Property.
The resolution of this potential liability, in exchange for the benefit No Bull Properties, 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 No Bull Properties, LLC.
III. BROWNFIELDS PROPERTY INFORMATION SUMMARY
3. Relevant information about the history, ownership, and uses of the Brownfields Property is
provided in the following summary table. Refer to the Exhibit 2 to this Agreement that presents data
table(s) of the contaminants present at the Brownfields Property at concentrations above their
applicable standards or screening levels for each media sampled.
BROWNFIELDS PROPERTY INFORMATION SUMMARY
Parcel Address &
Parcel ID
3201 Rotary Drive, Charlotte, NC
Mecklenburg County Tax Parcel Id 04501213
Acreage 6.902 acres Current Property Owner No Bull Properties LLC.
Current Land Use(s) Industrial, office, warehouse
Site Vicinity Land Use(s)
Industrial, commercial, warehouse, office
Adjacent property to the west, 3001 Boxmeer Drive (the
subject of NC Brownfields Project No. 19051-15-060) which is used for industrial use.

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BROWNFIELDS PROPERTY INFORMATION SUMMARY
Proposed Reuse(s) Industrial, warehouse, office, retail and, subject to DEQ’s prior written approval, other commercial uses.
Public Benefits of Reuse Revitalize blighted area Job creation Increased tax base Existing Land Use Restrictions Prior to Brownfields Agreement None

ENVIRONMENTAL INFORMATION SUMMARY
Historical Operations &
Contaminant Sources
From 1968-1985, Covington Diesel, Inc. operated as an
engine/truck repair facility and as a truck garage.
In 1985, SPGPrints America Facility (SPGPrints) purchased the Brownfields Property. SPGPrints operated on the adjacent parcel, 3001 Boxmeer Drive (3001) (circa 1976-2015) and the
two properties were considered one campus. Building 1 was
on 3001 Boxmeer and Building 2 was on 3201 Rotary Drive which is subject to this Agreement. The majority of the environmental work has been completed on the Boxmeer Brownfields Property, located at 3001 Boxmeer Drive (3001)
and subject of NC Brownfields Project No. 19051-15-060.
During SPGPrints’ ownership, they expanded the 3201 Building to include more office space, storage and the installation of a white hard shell tent on the northern back
corner of the building.
SPGPrints primary production on the Brownfields Property was producing nickel sleeves and the operation of nickel plating baths. Other key activities include production of
mandrels and rollers and the operation of copper and
chromium plating baths. During SPGPrints’ ownership, tenant SEAMEX’s polymer production started at Building 1 (3001) and was moved to
Building 2 (3201). The solvent storage and mixing activities
were located outside Building 2 (3201) to the north. SEAMEX’s operations included the use of solvents such as tetrachloroethylene (PCE) and trichloroethylene (TCE). SEAMEX’s polymer production activities ceased in 1990.

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ENVIRONMENTAL INFORMATION SUMMARY SPGPrints America Inc. has operated under the following legal names: Stork Prints America, Inc., Stork Screens America, Inc. and Stork Inter-America Corporation. In
December 2014, Veco US Incorporated merged into
SPGPrints America and maintained only a sales office at the Brownfields Property.
Current Operations/Activities
Current operations include office, warehouse, and packaging activities, plus some fabrication of mesh screens used by the printing industry located in the western portion of the building.
GSE Dispensing has been a building tenant for approximately ten years, and sells color kitchens and dispensing equipment but has not performed any production at the Brownfields Property.
American Montforts was a former tenant that maintained a sales office and parts distribution at the Brownfields Property before terminating its lease in 2015. On December 21, 2020, the Prospective Developer purchased
the Brownfields Property from SPGPrints America, Inc. a North Carolina corporation, f/k/a Stork Prints America, Inc. f/k/a Stork Screens America, Inc.
Contaminated Media
Soil: Metals impacts with arsenic concentrations the only exceedance of Preliminary Soil Remediation Goals (PSRGs). Arsenic detections range from 2.3-10 mg/kg with background detections of 4.1 mg/kg and 4.6 mg/kg. Because there are no
known or apparent sources of arsenic from site operations, the
on-site arsenic found is considered to be naturally occurring. Total Chromium concentrations were detected above state remedial goals. The recent analysis did not speciate trivalent or hexavalent chromium. Concentrations are consistent with
surrounding area.
Groundwater: Tetrachloroethylene and trichloroethylene concentrations are detected in groundwater in excess of the standards in Title 15A of the North Carolina Administrative
Code, Subchapter 2L.

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ENVIRONMENTAL INFORMATION SUMMARY Sub-Slab Soil Gas: Sub-slab vapor samples were collected in a portion of the warehouse. Sample point V-5 had tetrachloroethylene slightly above the non-residential Vapor
Intrusion Screening Levels (VISLs). Additional samples
were collected in August 2020 and sample point V-5 still remains above the non-residential VISLs. Indoor Air: Two rounds of indoor air samples were collected,
in December 2016 and January 2016. During the assessment
an extensive inventory of products used in the work area was conducted, the presence of which products may lead to false detections for various compounds such as methylene chloride, ,2,4 Tri-methylbenzene, and xylenes. These compounds were
listed in the material data sheets in products in use for current
site operations. These products are no longer used or stored on the Brownfields Property.
ID Numbers/Permits
Mecklenburg County Land Use and Environmental Services Agency (LUESA) Air Quality Permit, No 13-113-968 NCDEQ, DWR General Permit No NCG03000
NC DEQ HWS NCD049773666 , Stork Prints America, RCRA-VSQG US EPA ID#NCD049773666, EPA ID 110013395245 NCDEQ, IHSB NONCD0001549, Stork Prints Americana
Onsite Receptors Considered Office workers, construction workers, trespassers, employees
Potential Offsite Receptors Considered Surrounding area is industrial and warehouse use.
Potential offsite migration pathways None known

4. Environmental reports regarding the Brownfields Property referred to hereinafter as the
“Environmental Reports,” include, but are not limited to:
a. Those that the Prospective Developer obtained or commissioned regarding the
Brownfields Property:

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Title Prepared by Date of Report
Supplemental Sub-Slab Vapor Sampling Event GeoScience Group October 8, 2020
Letter Report of Environmental Sampling Tower Engineering Professionals September 17, 2020

b. Other available reports:
Title Prepared by Date of Report
Supplemental Air Sampling Services
3201 Rotary Drive (Building 2)
GeoScience Group May 19, 2015
Supplemental Environmental Services
3201 Rotary Drive (Building 2)
GeoScience Group November 11, 2015
Environmental Due Diligence Assessment CAT Alliance Ltd March 5, 2014 Limited Environmental Sampling Event GeoScience Group February 3, 2014
Phase I Environmental Site Assessment GeoScience Group June 5, 2013
Notification of Release VERTEX
Environmental
Services
January 11, 2007
Phase II Subsurface Investigations Vertex
Environmental Services
November 29, 2006
Correction Action Plan Cooper Environmental, Inc. April 1996
Amended Comprehensive Site Assessment
Report
Cooper
Environmental, Inc.
October 1994
Preliminary Site Assessment SPATCO
Environmental
April 18, 1994
Initial Site Characterization Report Cooper
Environmental, Inc.
August 1994

IV. PROSPECTIVE DEVELOPER’S INVOLVEMENT 5. For purposes of this Agreement DEQ relies on Prospective Developer’s representations
that Prospective Developer's involvement with the Brownfields Property has been limited to
obtaining or commissioning the Environmental Reports, preparing and submitting to DEQ a
Brownfields Property Application (BPA) dated October 13, 2020, and the following:

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a. In August 2015, SPGPrints submitted a Ready for Reuse Brownfields Property
Application as a Proxy Prospective Developer to start the brownfields process;
b. In September 2016, the initial public notice activities were completed;
c. On June 12, 2020, Prospective Developer contracted to purchase the Brownfields
Property.
6. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property will
be suitable for the uses specified in the Agreement while fully protecting public health and the
environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a public
benefit commensurate with the liability protection provided Prospective Developer hereunder;
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.
7. On behalf of the Prospective Developer, No Bull Properties, LLC, the previous property

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owner, SPGPrints America, Inc. has paid to DEQ $30,000 to seek and complete a brownfields
agreement. The Parties agree that a $30,000 “Redevelopment Now” fee Prospective Developer has
paid suffices 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.
V. BENEFIT TO COMMUNITY
8. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. a return to productive use of the Brownfields Property;
b. a spur to additional community investment and redevelopment, through improved
neighborhood appearance and otherwise;
c. the creation of temporary construction jobs during renovations and full time
employment afterward;
d. an increase in tax revenue for affected jurisdictions;
e. additional office, warehouse and industrial space for the area;
f. “smart growth” through use of land in an already developed area, which avoids
development of land beyond the urban fringe (“greenfields”).

VI. WORK TO BE PERFORMED
9. The guidelines as embodied in their most current version, including parameters, principles

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and policies within which the desired results are to be accomplished are (as to: field procedures,
laboratory testing, Brownfields Program requirements, and remedial or mitigation measures):
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund
Section;
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Program Assessment Work Plan Checklist; and
d. the Brownfields Survey Plat Checklist.
10. In redeveloping the Brownfields Property, Prospective Developer shall make reasonable
efforts to evaluate applying sustainability principles at the Brownfields Property, using the nine (9)
credit categories incorporated into the U.S. Green Building Council Leadership in Energy and
Environmental Design (LEED) certification program (Integrative Process, Location and
Transportation, Sustainable Sites, Water Efficiency, Energy & Atmosphere, Materials & Resources,
Indoor Environmental Quality, Innovation, and Regional Priority), or a similar program.
11. Based on the information in the Environmental Reports, other available reports, and
subject to imposition of and compliance with the land use restrictions set forth below, and subject to
Section XI of this Agreement (DEQ’s Covenant Not to Sue and Reservation of Rights), DEQ is not
requiring Prospective Developer to perform any active remediation at the Brownfields Property other
than remediation that may be required pursuant to a DEQ-approved Environmental Management
Plan (EMP) as specified in subparagraph 13.c below.
12. Based on the concentrations of impacts to soil and groundwater detected during
assessment activities as outlined in paragraph 3 above, vapor intrusion exposure routes do not appear

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to present a risk to site occupants as of the effective date of this Agreement. This assessment is
based on the current use building confirmation and industrial commercial use. Therefore, the
condition of subparagraph 13.h. below has been met for the existing site building as of the recorded
date of this Agreement.
VII. LAND USE RESTRICTIONS
13. By way of the Notice of Brownfields Property referenced below in paragraph 17,
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.
a. No use may be made of the Brownfields Property other than for office, retail,
industrial, warehousing and subject to DEQ’s prior written approval, other commercial uses. For
purposes of this restriction, the following definitions apply:
i. Office is defined as a place where the business or professional services are
provided.
ii. Retail is defined as the sale of goods or services, products, or merchandise
directly to the consumer or businesses and includes showrooms, personal service, farmer’s markets,
food festivals, and the sales of food and beverage products, including from mobile establishments
such as food trucks.
iii. Industrial is defined as the assembly, fabrication, processing, warehousing
or distribution of goods or materials

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iv. Warehousing is defined as the use of a commercial building for storage of
goods by manufacturers, importers, exporters, wholesalers, transport businesses among others, and
also refers to the storage of goods and materials for a specific commercial establishment of a group of
establishments in a particular type of industry or commercial activity.
v. Commercial is defined as an enterprise carried on for profit or nonprofit by
the owner, lessee or licensee.
b. The Brownfields Property may not be used for child care centers, adult care
centers, or schools without the prior written approval of DEQ.
c. Physical redevelopment of the Brownfields Property may not occur other than in
accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved in
writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each subsequent
redevelopment phase) that is consistent with all the other land use restrictions and describes
redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and
addresses health, safety and environmental issues that may arise from use of the Brownfields
Property during construction or redevelopment in any other form, including without limitation:
i. demolition of existing buildings, if applicable;
ii. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
iii. issues related to potential sources of contamination referenced in Exhibit 2;
iv. contingency plans for addressing, including without limitation the testing
of soil and groundwater, newly discovered potential sources of environmental contamination (e.g.,

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USTs, tanks, drums, septic drain fields, oil-water separators, soil contamination); and
v. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of excavated soil during
redevelopment;
d. No later than January 31 after each one-year anniversary of the effective date of
this Agreement for as long as physical redevelopment of the Brownfields Property continues (except
that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then
owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval on
environment-related activities since the last report, with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with Section VI:
Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and laboratory
analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling, laboratory
analysis and ultimate disposition of any soil, groundwater, or other materials suspected or confirmed
to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated materials
(for example, concrete, demolition debris) from the Brownfields Property (copies of all legally
required manifests shall be included).
e. Groundwater at the Brownfields Property may not be used for any purpose without

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the prior written approval of DEQ along with any measures DEQ deems necessary to ensure that the
Brownfields Property will be suitable for the uses specified in subparagraph 13.a above while fully
protecting public health and the environment. Should groundwater be encountered or exposed during
any activity on the Brownfields Property, it shall be managed in accordance with the DEQ-approved
EMP outlined in subparagraph 13.c, or a plan approved in writing in advance by DEQ.
f. No activity that disturbs soil on the Brownfields Property, may occur unless and
until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will
be suitable for the uses specified in subparagraph 13.a above while fully protecting public health and
the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be given
written notice at least seven days in advance of a scheduled repair (if only by email) of any such
repair, or in emergency circumstances no later than the next business day, and that any related
assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined above in subparagraph 13.c.
g. Soil may not be removed from, or brought onto, the Brownfields Property without
prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ, unless
conducted in accordance with an approved EMP as outlined above in subparagraph 13.c.

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h. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 17 below, may be occupied until DEQ determines in writing that:
i. the building is or would be protective of the building’s users and public health
from the risk of vapor intrusion based on site assessment data, or a site-specific risk assessment
approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate vapors for subgrade building features in accordance
with the most recent and applicable DWM Vapor Intrusion Guidance, Interstate Technology &
Regulatory Council (ITRC) guidance, and American National Standards Institute (ANSI)/American
Association of Radon Scientists and Technologists (AARST) standards, and that said design shall fully
protect public health to the satisfaction of a professional engineer licensed in North Carolina, as
evidenced by said engineer’s professional seal, and shall include a performance monitoring plan
detailing methodologies and schedule, both of which are subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ approval
that includes details on any deviations from the system design, as-built diagrams, photographs, and a
description of the installation with said engineer’s professional seal confirming that the system was
installed per the DEQ-approved design and will be protective of public health.
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

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such assessment or remediation, which is to be conducted using reasonable efforts to minimize
interference with authorized uses of the Brownfields Property.
j. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or
its tenants shall be responsible for repair of any such wells to DEQ’s written satisfaction and within
a time period acceptable to DEQ, unless compliance with this Land Use Restriction is waived in
writing by DEQ in advance.
k. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: “This property is subject to the Brownfields Agreement attached
as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County land
records, Book _________, Page __________.” A copy of any such instrument shall be sent to the
persons listed in Section XVII (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said redactions
comply with the confidentiality and trade secret provisions of the North Carolina Public Records
Law. The owner may use the following mechanisms to comply with the obligations of this
subparagraph: (i) If every lease and rider is identical in form, the owner conveying an interest may
provide DEQ with copies of a form lease or rider evidencing compliance with this subparagraph, in
lieu of sending copies of actual, executed leases, to the persons listed in Section XVII (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 XVII.

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l. 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. in fluids in vehicles;
m. No disturbance or alteration of the slab within the existing building footprint, as
depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 21
below, may occur unless in accordance with a DEQ-approved EMP, unless otherwise approved in
advance in writing by DEQ, or unless in the case of emergency circumstances for repair of
underground infrastructure, in which case DEQ shall be provided written notice no later than the next
business day and any related assessment and remedial measures required by DEQ shall be taken.
n. During January of each year after the year in which the Notice referenced below in
paragraph 17 is recorded, the owner of any part of the Brownfields Property as of January 1st of that
year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief
public health and environmental officials of Mecklenburg County, certifying that, as of said January
1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the
Mecklenburg County Register of Deeds office and that the land use restrictions are being complied
with. If the Brownfields Property is transferred, the grantor shall submit a LURU (as outlined above)

17 Stork-Rotary/19059-15-060/2021.02.04
which covers the period of time they owned the Brownfields Property. The submitted LURU shall
state the following:
i. the name, mailing address, telephone number, and contact person’s e-mail
address of the owner, or board, association or approved entity, submitting the LURU if said owner,
or each of the owners on whose behalf a joint LURU is submitted, 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, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant to
subparagraph 13.h above are performing as designed, and whether the uses of the ground floors,
including any tenant renovations, of any buildings containing such vapor barrier and/or mitigation
systems have changed, and, if so, how, and under which precautions so as not to interfere with the
operation of said system.
iv. a summary of the inspection and any repairs to the previously repaired
cracks in the existing building slab as referenced in subparagraph 13.m. above.
iv. A joint LURU may be submitted for multiple owners by a duly constituted
board or association and shall include the name, mailing address, telephone number, and contact
person’s e-mail address of the entity submitting the joint LURU as well as for each of the owners on
whose behalf the joint LURU is submitted.
14. The desired result of the above-referenced land use restrictions is to make the

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Brownfields Property suitable for the uses specified in this Agreement while fully protecting public
health and the environment.
15. 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.
VIII. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
16. In addition to providing access to the Brownfields Property pursuant to subparagraph
13.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.

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17. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields Property
(“Notice”) for the Brownfields Property containing, inter alia, the land use restrictions set forth in
Section VI (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 in the Mecklenburg County, North Carolina,
Register of Deeds’ Office. Within three (3) days thereafter, Prospective Developer shall furnish
DEQ a copy of the documentary component of the Notice containing a certification by the register of
deeds as to the Book and Page numbers where both the documentary and plat components of the
Notice are recorded, and a copy of the plat with notations indicating its recordation.
18. This Agreement shall be attached as Exhibit A to the Notice. Subsequent to recordation
of said Notice, any deed or other instrument conveying an interest in the Brownfields Property shall
contain the following notice: “This property is subject to the Brownfields Agreement attached as
Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County land records,
Book ________, Page ________.” A copy of any such instrument shall be sent to the persons listed
in Section XVII (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 XVII (Notices and Submissions); or (ii) Prospective

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Developer may provide abstracts of leases, rather than full copies of said leases, to the persons listed
in Section XVII.
19. 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.
IX. DUE CARE/COOPERATION
20. 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 32.a. below of any such required notification.
X. CERTIFICATION
21. By entering into this Agreement, the Prospective Developer certifies that, without DEQ
approval, it will make no use of the Brownfields Property other than that committed to in the
Brownfields Property Application dated October 13, 2020 by which it applied for this Agreement.

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That use is that which is provided above in subparagraph 13.a. of this Agreement. Prospective
Developer also certifies that to the best of its knowledge and belief it has fully and accurately
disclosed to DEQ all information known to Prospective Developer and all information in the
possession or control of its officers, directors, employees, contractors and agents which relates in
any way to any past use of regulated substances or known contaminants at the Brownfields Property
and to its qualification for this Agreement, including the requirement that it not have caused or
contributed to the contamination at the Brownfields Property.
XI. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
22. 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.

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

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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.
23. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
24. 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.
25. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and any
statutory limitations in paragraphs 22 through 24 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.
XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
26. In consideration of DEQ’s Covenant Not To Sue in Section XI 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.

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XIII. PARTIES BOUND
27. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party’s signatory to this Agreement
represents that she or he is fully authorized to enter into the terms and conditions of this Agreement
and to legally bind the Party for whom she or he signs.
XIV. DISCLAIMER
28. 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.
29. Except for the land use restrictions set forth above in paragraph 13 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.
XV. DOCUMENT RETENTION
30. 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

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to storage, generation, use, disposal and management of regulated substances at the Brownfields
Property, including without limitation all Material Safety Data Sheets or Safety Data Sheets, for six
(6) years following the effective date of this Agreement, unless otherwise agreed to in writing by the
Parties. Said records may be retained electronically such that they can be retrieved and submitted to
DEQ upon request. At the end of six (6) years, the Prospective Developer shall notify DEQ of the
location of such documents and shall provide DEQ with an opportunity to copy any documents at the
expense of DEQ. By entering into this Agreement, Prospective Developer waives no rights of
confidentiality or privilege provided by the North Carolina Public Records Act or otherwise and, at
the time DEQ requests to copy or inspect said documents, Prospective Developer shall provide DEQ
with a log of documents withheld from DEQ, including a specific description of the document(s) and
the alleged legal basis upon which they are being withheld. To the extent DEQ retains any copies of
such documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XVI. PAYMENT OF ENFORCEMENT COSTS
31. If the Prospective Developer fails to comply with the terms of this Agreement, including,
but not limited to, the provisions of Section VI (Work to be Performed) and Section VII (Land Use
Restrictions), it shall be liable for all litigation and other enforcement costs incurred by DEQ to
enforce this Agreement or otherwise obtain compliance.
XVII. NOTICES AND SUBMISSIONS
32. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information or delivery method, all notices and submissions pursuant to this

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Agreement shall be sent by prepaid first-class U.S. mail or courier service, as follows:
a. for DEQ:
Brownfields Property Management Unit (or successor in function)
N.C. Division of Waste Management Brownfields Program Mail Service Center 1646 Raleigh, NC 27699-1646
b. for Prospective Developer: Graham Andres (or successor in function) No Bull Properties, LLC 326 Tryon Road
Raleigh, NC 27603 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.
XVIII. EFFECTIVE DATE
33. 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 NCGS § 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 to invalidate its signature on this Agreement.

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XIX. TERMINATION OF CERTAIN PROVISIONS
34. If any Party believes that any or all of the obligations under Section VIII (Access/Notice
to Successors in Interest) are no longer necessary to ensure compliance with the requirements of the
Agreement, that Party may request in writing that the other Party agree to terminate the provision(s)
establishing such obligations; provided, however, that the provision(s) in question shall continue in
force unless and until the Party requesting such termination receives written agreement from the
other Party to terminate such provision(s).
XX. CONTRIBUTION PROTECTION
35. 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.
36. 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.
37. 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.
XXI. PUBLIC COMMENT
38. This Agreement shall be subject to a public comment period of at least 30 days starting

28 Stork-Rotary/19059-15-060/2021.02.04
the day after the last of the following public notice tasks occurs: publication of the approved
summary of the Notice of Intent to Redevelop a Brownfields Property required by NCGS § 130A-
310.34 in a newspaper of general circulation serving the area in which the Brownfields Property is
located; conspicuous posting of a copy of said summary at the Brownfields Property; and mailing or
delivery of a copy of the summary to each owner of property contiguous to the Brownfields
Property. After expiration of that period, or following a public meeting if DEQ holds one pursuant
to NCGS § 130A-310.34(c), DEQ may modify or withdraw its consent to this Agreement if
comments received disclose facts or considerations which indicate that this Agreement is
inappropriate, improper or inadequate.

IT IS SO AGREED: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY By: ____________________________________________________________________________ Ellen Lorscheider Date Deputy Director, Division of Waste Management
IT IS SO AGREED: No Bull Properties, LLC By: ____________________________________________________________________________ Graham M. Andres Date
President
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CHARLOTTE, NORTH CAROLINA
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APPROVED BY: DRAWN BY: Google
DATE: FebruaJY 3, 2014 REVISED: RDB
3201 ROTARY DRIVE
CHARLOTTE, NORTH CAROLINA
FIGURE NUMBER:
VICINITY MAP CH13.0048.EV-A
19059-15-060/Stork Rotary(2021.02.04))

1
Exhibit 2 The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred in August 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 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)
Tetrachloroethylene GP-1 10/4/2006 3 0.7
Tetrachloroethylene GP-3 10/4/2006 140 0.7
Tetrachloroethylene MW-101 12/31/2013 29 0.7
Tetrachloroethylene MW-101 8/13/2020 20.5 0.7
Trichloroethylene GP-3 10/4/2006 58 3
GROUNDWATER AND VAPOR INTRUSION RISK Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the
standards or screening levels for which are contained in Title 15A (“15A”) of the North Carolina Administrative Code (NCAC), Subchapter 2L (“2L”), Rule .0202 (April 1, 2013 version) or the Vapor Intrusion Screening Levels of the Division of Waste Management (July 2020 version)
Groundwater Contaminant With Potential for Vapor Intrusion (VI)
Sample Location Date of Sampling Concentration Exceeding Screening Level
(µg/L)
Non-Residential VI Screening Level1
(µg/L)
Tetrachloroethylene GP-3 10/4/2006 140 48
Trichloroethylene GP-3 10/4/2006 58 4.4

19059-15-060/Stork Rotary(2021.02.04))

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 (July 2020 version):
Soil Contaminant Sample Location Depth (ft) Date of Sampling
Concentration
Exceeding Screening Level (mg/kg)
Industrial Screening Level1 (mg/kg)
Arsenic HA-1 5 12/20/2013 7.3 3.0
Arsenic MW-101 15 12/20/2013 8.7 3.0
Arsenic MW-103 15 12/26/2013 10 3.0
Arsenic BG-1 2 10/27/2015 4.1 3.0
Arsenic BG-2 2 10/27/2015 4.6 3.0
Arsenic HA-3 0-2 8/13/2020 5 3.0
Arsenic HS-5 3-4 8/13/2020 4.1 3.0
Total Chromium HA-1 2-4 8/13/2020 68.6 6.4
Total Chromium HA-3 0-2 8/13/2020 37.2 6.4
o-Isopropyltoluene HA-2 0-2 8/13/2020 26.4 NE

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. NE – No established screening level
2. Arsenic and Chromium concentrations are believed to represent naturally occurring background level of metal in soil.
3.The IHSB’s tabulated generic unrestricted use preliminary remediation goal for commercial / industrial use (or “screening level”) for arsenic is 3.0 mg/kg. However, the IHSB generic preliminary remediation goal conservatively assumes the presence of additional soil contaminants that have the same health effects
and limit the cumulative risk to not more than 1.0e-04 for carcinogens, and a Hazard Index not exceeding 1.0, a factor not present at this site. The industrial screening level for arsenic can be 30 mg/kg. The IHSB guidelines also allow for the development of site-specific remediation goals when appropriate.
19059-15-060/Stork Rotary(2021.02.04))

3
SUB-SLAB SOIL GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are derived from Non-Residential Vapor Intrusion Screening Levels of the Division of Waste Management (July 2020 version):
Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration Exceeding Screening
Level (µg/m3)
Non-Residential Screening Limit1
(µg/m3)
Tetrachloroethylene V-5 10/15/2015 3,590 3,500
Tetrachloroethylene V-5 9/21/2020 4,160 3,500
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.

19059-15-060/Stork Rotary(2021.02.04))

4
INDOOR AIR
Indoor air contaminants in micrograms per cubic meter, the screening limits for which are derived from Non-Residential Vapor Intrusion Screening Levels of the Division of Waste Management (July 2020 version):

Indoor Air Contaminant Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Non-
Residential
Screening
Level1
(µg/m3)
1,4 Dichlorobenzene Air 5 12/29/2015 3.1 1.1
Ethylbenzene Air 4A 01/30/2016 5.0 4.9
Ethylbenzene Air 5 12/29/2015 25.1 4.9
Ethylbenzene Air 5A 01/30/2016 27.5 4.9
Methylene Chloride 2 Air 4A 01/30/2016 6,490 530
Methylene Chloride 2 Air 5 12/29/2015 692 530
Methylene Chloride 2 Air 5A 01/30/2016 2,660 530
1,2,4 Trimethylbenzene 2 Air 4A 01/30/2016 58.9 53
1,2,4 Trimethylbenzene 2 Air 5 12/29/2015 301 53
1,2,4 Trimethylbenzene 2 Air 5A 01/30/2016 284 53
Xylenes 3 Air 5 12/29/2015 120.8 88
Xylenes 3 Air 5A 01/30/2016 149 88
1Screening limits displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
2. Methylene Chloride and 1,2,4 Tri-Methylbenzene were detected. However, these compounds were not detected in groundwater or sub-slab vapor and are, therefore, not considered to be contaminants from
previous site operations and are not contaminants of concern for purposes of this agreement. Methylene Chloride and 1,2,4-Trimethylbenzene are listed in the material data sheets in products used by the previous tenant in site operations. As such they were covered under current worker training programs and
subject to OSHA regulation. 3. Total Xylene concentrations were detected in the sub-slab vapor samples, but they are an order of
magnitude below the vapor intrusion screening level and were not detected in indoor air samples, nor in groundwater samples.
ROTARY DRINTERSTATE 95TEP ENGINEERING , PLLCEXHIBIT B TO THE NOTICE OF BROWNFIELDS PROPERTY - SURVEY PLATVICINITY MAP - N.T.S.326 TRYON ROADRALEIGH, NC 27603-3530(919) 661-6351COA # P-1403PROPERTY OWNER: STORK PRINTS AMERICA INCPO BOX 26458CHARLOTTE, NC 28221PROSPECTIVE DEVELOPER: NO BULL PROPERTIES, LLC326 TRYON ROADRALEIGH, NC 27603TAX PIN: 04501312PROPERTY ADDRESS: 3201 ROTARY DRIVE, CHARLOTTE, NC 26458BROWNFIELDS PROJECT NAME: STORK ROTARY RFRU (RN)BROWNFIELDS PROJECT NUMBER: 19059-15-060P
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TEP ENGINEERING , PLLCEXHIBIT B TO THE NOTICE OF BROWNFIELDS PROPERTY - SURVEY PLATVICINITY MAP - N.T.S.326 TRYON ROADRALEIGH, NC 27603-3530(919) 661-6351COA # P-1403PROPERTY OWNER: STORK PRINTS AMERICA INCPO BOX 26458CHARLOTTE, NC 28221PROSPECTIVE DEVELOPER: NO BULL PROPERTIES, LLC326 TRYON ROADRALEIGH, NC 27603TAX PIN: 04501312PROPERTY ADDRESS: 3201 ROTARY DRIVE, CHARLOTTE, NC 26458BROWNFIELDS PROJECT NAME: STORK ROTARY RFRU (RN)BROWNFIELDS PROJECT NUMBER: 19059-15-060P
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8948329v1 02182.01111

BROWNFIELDS LEGAL DESCRIPTION

To locate the point and place of Beginning commence at NGS monument “Layton” having NC
grid coordinates of North = 559,165.07 and E = 1,451,778.26; thence, North 76°18’24” East
1,764.19 feet to an existing iron rod having grid coordinates of N:559,542.16 and
E:1,453,325.91; thence, North 76°19’40” East 112.73 feet to an existing iron rod, the point and
place of BEGINNING, said existing iron rod also being a corner of the property of Stork Prints
America Inc., (now or formerly) as described in Deed Book 3831, Page 901 in the Mecklenburg
County Public Registry (hereinafter the “Registry”); thence, with and along the boundary line of
the property of Stork Prints America Inc., the following seven (7) courses and distances: (1)
North 13°47’01” West 118.92 feet to an existing iron rod; (2) North 13°43’56” West 13.96 feet
to an existing iron rod; (3) North 75°43’31” East 23.50 feet to an existing iron rod; (4) North
11°00’45” West 73.79 feet to a new nail; (5) North 13°49’18” West 120.71 feet to a new iron
rod; (6) North 21°18’41” West 65.14 feet to an existing iron rod; and (7) North 53°56’09” West
28.27 feet to a new iron rod, a corner of the property of Michael R. and Ouieda Bradley, (now or
formerly) as described in Deed Book 21232, Page 544 in the Registry; thence, with and along the
boundary line of the property of Michael R. and Ouieda Bradley, North 13°28’54” West 204.09
feet to a new iron rod in the boundary line of the property of TD Enterprise, Inc. (now or
formerly) as described in Deed Book 20791, Page 878 in the Registry; thence, with and along the
boundary line of the property of TD Enterprise, Inc. and continuing with and along the boundary
line of Starita Road Properties LLC (now or formerly) as described in Deed Book 17465, Page
747 in the Registry, North 89°58’39” East 483.96 feet to an existing iron pin in the boundary line
of the property Interstate Industrial LLC (now or formerly) as described in Deed Book 30306,
Page 385 in the Registry; thence, with and along the boundary line of the property of Interstate
Industrial LLC, the following three (3) courses and distances: (1) South 16°44’37” East 199.65
feet to an existing iron rod; (2) South 73°07’55” East 196.73 feet to an computed point; and (3)
South 13°15’32” East 206.35 feet to an existing iron pin; thence, South 76°30’55” West 126.20
feet to a computed point; thence, North 13°35’47” West 53.34 feet to a existing metal
monument; thence, South 76°23’42”West 85.02 feet to a new iron rod; thence, South 13°36’59”
East 53.17 feet to a computed point; thence, South 76°30’55” West 437.85 feet to an existing
iron rod, the point and place of BEGINNING, containing 6.8998 acres more or less as shown on
a Brownfield Property Survey Plat dated November 13, 2015, prepared by R.B. Pharr and
Associates, P.A., Justin F. Cloninger, NCPLS.