24049_Trimble Plant Road_PCPkg_20210831

NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY
Brownfields Property Name: Trimble Plant Road
Brownfields Project Number: 24049-20-063
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 September 8, 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
Trimble Plant Road/24049-20-063/30Aug2021

SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Trimble Plant Road
Brownfields Project Number: 24049-20-063
Pursuant to the North Carolina Brownfields Property Reuse Act (the "Act") authorized by North Carolina
General Statutes (NCGS) § 130A-310.30 through 130A-310.40, and specifically pursuant to NCGS § 130A-
310.34, Rickhouse Properties, 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") 175 Yadkin
Road, Southern Pines, Moore County. The Brownfields Property, which is the former site of undeveloped land
impacted by contaminant releases from the adjacent former Proctor Silex site consists of approximately 15 acres.
Environmental contamination exists on the Brownfields Property in groundwater, soil gas, pore water, and surface
water. Rickhouse Properties, LLC has committed itself to redevelop the Brownfields Property for no uses other
than as a distillery with associated warehousing, office, retail, tours, restaurant, cocktail bar, event space, parking,
and subject to DEQ prior written approval, other commercial uses. The Notice of Intent to Redevelop a
Brownfields Property includes: (1) a proposed Brownfields Agreement between DEQ and Rickhouse Properties,
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 24049-20-063into the search bar at the following web
address:
https://edocs.deq.nc.gov/WasteManagement/Welcome.aspx?dbid=O&repo=WasteManagement
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 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 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 September 8, 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 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
Trimble Plant Road/24049-20-063/30Aug2021

Property Owner: Rickhouse Properties, LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: Trimble Plant Road
Brownfields Project Number: 24049-20-063
This documentary component of a Notice of Brownfields Property ("Notice"), as well as
the plat component, have been filed this day of , 2021 by Rickhouse
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 is comprised of one undeveloped parcel of approximately 15 acres
located at 175 Yadkin Road, Southern Pines, Moore County. A portion of the Brownfields Property
is heavily vegetated and consists of a wetlands area. Contaminants from the adjacent former Proctor
Silex facility have impacted the Brownfields Property. The Prospective Developer is committed to
redeveloping the Brownfields Property for no uses other than as a distillery with associated
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warehousing, office, retail, tours, restaurant, cocktail bar, event space, parking, and subject to DEQ
prior written approval, other commercial uses.
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 fixture 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 12 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 as a distillery with associated
warehousing, office, retail, tours, restaurant, cocktail bar, event space, parking, and subject to DEQ
prior written approval, other commercial uses. For purposes of this restriction, the following
definitions apply:
i. Distillery is defined as an establishment for the manufacture, sale, and distribution
of distilled spirit products.
ii. Warehousing is defined as the use of a commercial building for storage of goods
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by manufacturers, importers, exporters, wholesalers, transport businesses among others, and also
refers to the storage of goods and materials for a specific commercial establishment or a group of
establishments in a particular type of industry or commercial activity.
iii. Office is defined as a place where business or professional services are provided.
iv. Retail is defined as the sale of goods or services, products, or merchandise directly
to the consumer or businesses and includes showrooms, personal service, and the sales of food and
beverage products.
v. Tours is defined as the opening of certain parts of the distillery operations to non -
employees for purposes of education of the distilled spirit production process, and the marketing and
tastings of distilled spirits products under all applicable local, state, and federal regulations.
vi. Restaurant is defined as a commercial business establishment that prepares and
serves food and beverages, including alcoholic beverages under all applicable local, state, and federal
regulations, to patrons.
vii. Cocktail bar is defined as a commercial business establishment that prepares and
serves mixed alcoholic drinks and other beverages, and snacks under all applicable local, state, and
federal regulations to patrons.
viii. Event space is defined as a location where private or public gatherings may be
held, including family or company gatherings for social or business occasions, or other
entertainment -related gatherings such as charitable events, festivals, theater, musical or other shows,
which may include an outdoor stage, and the preparation and serving of food and beverages,
including alcoholic beverages, under all applicable local, state and federal regulation to guests.
ix. Parking is defined as the temporary accommodation of motor vehicles in an area
designed for same.
x. 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 childcare centers, adult care centers, or
schools without the prior written approval of DEQ.
c. The Brownfields Property may not be used for residential use without the prior written
approval of DEQ.
d. Physical redevelopment of the Brownfields Property may not occur other than in accord, as
determined by DEQ, with an Environmental Management Plan (" BMP") 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:
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i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including without
limitation those resulting from contamination identified in paragraph 3 above;
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 and DEQ approval of both fill soil before
import to the Brownfields Property and the disposition of all soil excavated from the Brownfields
Property during redevelopment;
e. Within 90 days after each one-year anniversary of the effective date of this Agreement for
as long as physical redevelopment of the Brownfields Property continues (except that the final
deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the
Brownfields Property shall provide DEQ a report subject to written DEQ approval on environment -
related activities since the last report, with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with Section 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).
f. 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 12.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 12.d. above, or a plan approved in writing in advance by DEQ.
g. No activity that disturbs soil on the Brownfields Property may occur unless and until DEQ
states in writing, in advance of the proposed activity, that said activity may occur if carried out along
with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the
uses specified in subparagraph 12.a. above while fully protecting public health and the environment,
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except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be given written
notice at least seven days in advance of a scheduled repair (if only by email) of any such repair, or in
emergency circumstances no later than the next business day, and that any related assessment and
remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined in subparagraph 12.d.
h. Soil may not be removed from, or brought onto, the Brownfields Property without prior
sampling and analysis to DEQ's satisfaction and the written approval of DEQ, unless conducted in
accordance with an approved EMP as outlined in paragraph 12.d.
i. No enclosed building for residential use 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 16 below, may be occupied for residential use 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 the intrusion of subsurface vapors into 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 a professional engineer licensed in North Carolina, as evidenced by said engineer's
professional seal, is satisfied that the design is fully protective of public health, 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 as -built diagrams, photographs, and a description of the installation, with said
engineer's professional seal confirming that the engineer is satisfied that the system was installed per
the DEQ approved design. If any deviations from the system design were necessary during
installation, then the report shall include details on said deviations, as well as the engineer's seal
certifying the VIMS, as installed, was installed in such a manner so as to be fully protective of public
health.
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j. Surface water at the Brownfields Property may not be used for any purpose, other than in
connection with legally compliant storm water collection and reuse techniques, without the prior
written approval of DEQ.
k. Neither DEQ, nor any party conducting environmental assessment or remediation at the
Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or
entered into by DEQ, may be denied access to the Brownfields Property for purposes of conducting
such assessment or remediation, which is to be conducted using reasonable efforts to minimize
interference with authorized uses of the Brownfields Property.
1. No later than 60 days prior to land disturbance activities, Prospective Developer shall
notify the Federal Remediation Branch Superfund Section of its land disturbance and construction
schedule to allow for the Federal Remediation Branch Superfund Section to abandon those
monitoring wells (BMW-1, BMW-2, BMW-4, and BMW-5), injection wells, recovery wells,
piezometers and other man-made points of groundwater access at the Brownfields Property that have
the potential to be damaged during land disturbance and construction activities, in accordance with
Subchapter 2C of Title 15A of the North Carolina Administrative Code, unless an alternate schedule
is approved by DEQ.
in. Except for the work related to subparagraph 12.1. above, the owner of any portion of the
Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well
is damaged by the owner, its contractors, or its tenants, the owner 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.
n. 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 Moore 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 paragraph: (i) If every
lease and rider is identical in form, the owner conveying an interest may provide DEQ with copies of
a form lease or rider evidencing compliance with this 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.
o. None of the contaminants known to be present in the environmental media at the
Brownfields Property, as described in Exhibit 2 or in paragraph 3 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; or
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ii. as constituents of fuels, lubricants and oils in emergency generators, machinery,
equipment and vehicles in on -board tanks integral to said equipment, or in flammable liquid storage
containers totaling no more than 25 gallons.
p. During January of each year after the year in which the Notice referenced below in
paragraph 16 is recorded, the owner of any part of the Brownfields Property as of January I st of that
year shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the chief
public health and environmental officials of Moore County, certifying that, as of said January I st, the
Notice of Brownfields Property containing these land use restrictions remains recorded at the Moore
County Register of Deeds office and that the land use restrictions are being complied with. If the
property is transferred, the grantor shall submit a LURU (as outlined above) which covers the period
of time they owned the property. The submitted LURU shall state the following:
i. the Brownfields Property address, and 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; and
iii. whether any vapor barrier and/or mitigation systems installed pursuant to
subparagraph 12.i. 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.
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 31.a. of Exhibit A
hereto, at the address stated therein.
ENFORCEMENT
The above land use restrictions shall be enforceable without regard to lack of privity of estate
or contract, lack of benefit to particular land, or lack of any property interest in particular land. The
land use restrictions shall be enforced by any owner of the Brownfields Property. The land use
restrictions may also be enforced by DEQ through the remedies provided in NCGS § 130A, Article
1, Part 2 or by means of a civil action; by any unit of local government having jurisdiction over any
part of the Brownfields Property; and by any person eligible for liability protection under the
Brownfields Property Reuse Act who will lose liability protection if the restrictions are violated. Any
attempt to cancel any or all of this Notice without the approval of the Secretary of DEQ (or its
successor in function), or his/her delegate, shall be subject to enforcement by DEQ to the full extent
of the law. Failure by any party required or authorized to enforce any of the above restrictions shall
in no event be deemed a waiver of the right to do so thereafter as to the same violation or as to one
occurring prior or subsequent thereto.
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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 , 2021.
Rickhouse Properties, LLC
Jessica Halling
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
Michael E. Scott Date
Director, Division of Waste Management
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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: Rickhouse Properties, LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Trimble Plant Road
OF 1997, NCGS § 130A-310.30, et seq. ) 175 Yadkin Road
Brownfields Project No. 24049-20-063 ) Southern Pines, Moore County
I. INTRODUCTION
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and Rickhouse Properties, LLC (collectively the
"Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
sue. (the "Act") for the property located at 175 Yadkin Road, Southern Pines, Moore County (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 Rickhouse Properties, LLC, a veteran -owned, limited
liability company, with its principal office at 10205 US 15-501, Unit 26, #175 Southern Pines,
NC 28387. Its co-founder and Vice President is Jessica A. Halling 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 Rickhouse Properties, LLC for contaminants at the Brownfields Property.
The Parties agree that Rickhouse Properties, LLC's entry into this Agreement, and the
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actions undertaken by Rickhouse Properties, LLC in accordance with the Agreement, do not
constitute an admission of any liability by Rickhouse Properties, LLC for contaminants at the
Brownfields Property. The resolution of this potential liability, in exchange for the benefit
Rickhouse 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 Rickhouse 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 tables 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(es) & Parcel
175 Yadkin Road, Southern Pines, Moore County, Tax ID:
IDs
00036849
Acreage
15.04
Current Property Owner
Rickhouse Properties, LLC
Undeveloped; a portion of the Brownfields Property is
heavily vegetated and consists of a wetlands area that has
Current Land Use(s)
been delineated, surveyed and approved by the US Army
Corps of Engineers (Moore County Register of Deeds Book
15, Page 858).
Site Vicinity Land Uses
Manufacturing former Proctor Silex , truck rental, self-
2
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BROWNFIELDS PROPERTY INFORMATION SUMMARY
storage, and residential uses; Swann Lake located
immediately south of the western area of the Brownfields
Property
Distillery with associated warehousing, office, retail, tours,
Proposed Reuse(s)
restaurant, cocktail bar, event space, parking, and subject to
DEQ prior written approval, other commercial uses.
Creation of 10-30 jobs with increased tax revenue for affected
jurisdictions, local manufacturing, promotion of military
entrepreneurial and business growth, provision of recreational
activities that are consistent with the existing golf, equestrian
Public Benefits of Reuse
and tourist industries in the area, a spur to additional
community investment and redevelopment, through improved
neighborhood appearance and otherwise, and smart growth
through use of land in an already developed area, which
avoids development of land beyond the urban fringe.
Existing Land Use
Restrictions Prior to
None
Brownfields Agreement
ENVIRONMENTAL INFORMATION SUMMARY
The Brownfields Property has been zoned industrial, although
there is no evidence of any industrial activity that has taken
place on the site. Portions of the Brownfields Property have
been cleared of vegetation previously and were used for a
time for employee parking for Proctor Silex employees.
Chlorinated solvents and chromium filter cake wastes from
Historical Operations &
the manufacture of chrome -plated electric irons circa 1963
Contaminant Sources
through 1982 are known to have been released at the former
Proctor Silex (now Hamilton Beach) industrial property
across Yadkin Road to the south (NCD003234549). The
Proctor-Silex site is also associated with NC UST Section
Incident No. 7938, which is closed out. Chlorinated solvents
from the former Proctor Silex site have impacted the
groundwater at the Brownfields Property as noted in Exhibit 2
to this Agreement.
Undeveloped partially cleared land and wetlands; in June
2021, the Town of Southern Pines approved the Rickhouse
Current Operations/Activities
Properties, LLC rezoning application from Industrial to that
of Planned Development for Mixed Use, and rezoned the
Brownfields Property to include the proposed reuses that are
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ENVIRONMENTAL INFORMATION SUMMARY
subject to this Agreement
Soil: Shallow soil contaminants were not detected above non-
residential DWM Preliminary Soil Remedial Goals (PSRGs)
Groundwater: Chlorinated solvents are in excess of NC 2L
standards for 1, 1 -dichloroethane (1,1-DCA), Cis-1,2-
dichloroethylene (cis-1,2-DCE), and trichloroethylene (TCE),
and is in excess of the non-residential vapor intrusion
screening level (VISL) for TCE; however, TCE was not
detected in soil gas at the Brownfields Property.
Exterior Soil Gas: Chloroform exceeded its non-residential
VISL in one exterior soil gas sample, TCE was not detected,
and cis-1,2-DCE was detected, but it does not have an
Contaminated Media
established VISL.
Sub -slab Vapor and Indoor Air: These types of samples were
not collected as no buildings exist on the Brownfields
Property
Pore Water: Pore water samples were collected in the onsite
wetlands area and compared with both groundwater and
surface water standards. Several polynuclear aromatic
hydrocarbons (PAHs), lead, TCE, and vinyl chloride were
detected in excess of either of these standards in one or more
samples.
Surface Water: Lead was detected in excess of its NC 2B
standard in three surface water samples.
ID Numbers/Permits
None
Onsite Receptors Considered
Construction workers, on -site workers, occupants, visitors,
and trespassers.
i. Water supply wells: Two potential irrigation wells located
about 300 to 550 feet southwest or south-southwest from the
site. Municipal water is supplied to the area.
Potential Offsite Receptors
ii. Residential structures, churches, or childcare centers: one
Considered
daycare facility located about 600 feet south of the site.
iii. Surface water: Contaminants in on -site surface water drain
to McDeeds Creek to the northwest/north.
Potential offsite migration
Groundwater: potentially to the north and via discharge to
pathways
surface water bodies.
4. Environmental reports regarding the Brownfields Property referred to hereinafter as
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the "Environmental Reports," include, but are not limited to:
a. Those that the Prospective Developer obtained or commissioned regarding the
Brownfields Property:
Title
Prepared by
Date of Report
Phase I Environmental Site Assessment
Hal Owen & Associates,
June 18, 2020
Report
Inc.
b. Other available reports:
Title
Prepared by
Date of Report
Brownfields Assessment Report
Hart & Hickman, PC
July 20, 2021
c. Other applicable off -site reports:
Title
Prepared by
Date of Report
Post -Injection Performance Monitoring
Hart & Hickman, PC
May 11, 2020
Report, Proctor-Silex Southern Pines Site
Post -Injection Performance Monitoring
Hart & Hickman, PC
July 23, 2020
Report, Proctor-Silex Southern Pines Site
Remedial Action Plan for Onsite Surface
Hart & Hickman, PC
October 22, 2020
Water, Proctor-Silex Southern Pines Site
Evaluation of Biodegradation Downgradient
Hart & Hickman, PC
October 22, 2020
of PRB, Proctor-Silex Southern Pines Site
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 September 9, 2020, and on
November 22, 2020, Prospective Developer purchased the Brownfields Property from Southern
Pines Gaines LK #36849, LLC.
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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. 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
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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. productive use of the Brownfields Property and elimination of the drawbacks
of unoccupied property;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of approximately 50 construction jobs and 10-30 permanent jobs;
d. an increase in tax revenue for affected jurisdictions;
e. distillery with associated warehousing, office, retail, tours, restaurant, cocktail
bar, event space, and associated parking, and subject to DEQ prior written approval, other
commercial uses for the area;
growth;
f. promotion of local manufacturing, military entrepreneurial and business
g. provision of recreational activities that are consistent with the existing golf,
equestrian and tourist industries in the area•, and
g. "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,
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principles 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):
Section;
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund
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 12.d. below.
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VII. LAND USE RESTRICTIONS
12. By way of the Notice of Brownfields Property referenced below in paragraph 16,
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 as a distillery with
associated warehousing, office, retail, tours, restaurant, cocktail bar, event space, parking, and
subject to DEQ prior written approval, other commercial uses. For purposes of this restriction,
the following definitions apply:
i. Distillery is defined as an establishment for the manufacture, sale, and
distribution of distilled spirit products.
ii. Warehousing is defined as the use of a commercial building for storage
of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others,
and also refers to the storage of goods and materials for a specific commercial establishment or a
group of establishments in a particular type of industry or commercial activity.
provided.
iii. Office is defined as a place where business or professional services are
iv. Retail is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and beverage products.
v. Tours is defined as the opening of certain parts of the distillery
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operations to non -employees for purposes of education of the distilled spirit production process,
and the marketing and tastings of distilled spirits products under all applicable local, state, and
federal regulations.
vi. Restaurant is defined as a commercial business establishment that
prepares and serves food and beverages, including alcoholic beverages under all applicable local,
state, and federal regulations, to patrons.
vii. Cocktail bar is defined as a commercial business establishment that
prepares and serves mixed alcoholic drinks and other beverages, and snacks under all applicable
local, state, and federal regulations to patrons.
viii. Event space is defined as a location where private or public
gatherings may be held, including family or company gatherings for social or business occasions,
or other entertainment -related gatherings such as charitable events, festivals, theater, musical or
other shows, which may include an outdoor stage, and the preparation and serving of food and
beverages, including alcoholic beverages, under all applicable local, state and federal regulation
to guests.
ix. Parking is defined as the temporary accommodation of motor vehicles
in an area designed for same.
x. 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 childcare centers, adult care
centers, or schools without the prior written approval of DEQ.
c. The Brownfields Property may not be used for residential use without the prior
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written approval of DEQ.
d. 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. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above;
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 and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment;
e. Within 90 days after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues (except
that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then
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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).
f. 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 12.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 12.d. above, or a plan
approved in writing in advance by DEQ.
g. No activity that disturbs soil on the Brownfields Property may occur unless and
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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 12.a. above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined in subparagraph 12.d.
h. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined in paragraph 12.d.
i. No enclosed building for residential use 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 16 below, may be occupied for residential use
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
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ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors into
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 a professional engineer licensed in North Carolina,
as evidenced by said engineer's professional seal, is satisfied that the design is fully protective of
public health, 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 as -built diagrams, photographs, and a description of the installation, with
said engineer's professional seal confirming that the engineer is satisfied that the system was
installed per the DEQ approved design. If any deviations from the system design were necessary
during installation, then the report shall include details on said deviations, as well as the
engineer's seal certifying the VIMS, as installed, was installed in such a manner so as to be fully
protective of public health.
j. Surface water at the Brownfields Property may not be used for any purpose,
other than in connection with legally compliant storm water collection and reuse techniques,
without the prior written approval of DEQ.
k. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
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agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
1. No later than 60 days prior to land disturbance activities, Prospective Developer
shall notify the Federal Remediation Branch Superfund Section of its land disturbance and
construction schedule to allow for the Federal Remediation Branch Superfund Section to
abandon those monitoring wells (BMW-1, BMW-2, BMW-4, and BMW-5), injection wells,
recovery wells, piezometers and other man-made points of groundwater access at the
Brownfields Property that have the potential to be damaged during land disturbance and
construction activities, in accordance with Subchapter 2C of Title 15A of the North Carolina
Administrative Code, unless an alternate schedule is approved by DEQ.
in. Except for the work related to subparagraph 12.1. above, the owner of any
portion of the Brownfields Property where any existing, or subsequently installed, DEQ-
approved monitoring well is damaged by the owner, its contractors, or its tenants, the owner 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.
n. 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 Moore County land
records, Book , Page .99A copy of any such instrument shall be sent to the
persons listed in Section XVII (Notices and Submissions), though financial figures and other
15
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confidential information related to the conveyance may be redacted to the extent said redactions
comply with the confidentiality and trade secret provisions of the North Carolina Public Records
Law. The owner may use the following mechanisms to comply with the obligations of this
paragraph: (i) If every lease and rider is identical in form, the owner conveying an interest may
provide DEQ with copies of a form lease or rider evidencing compliance with this 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.
o. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 or in paragraph 3 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; or
ii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on -board tanks integral to said equipment, or in flammable
liquid storage containers totaling no more than 25 gallons.
p. During January of each year after the year in which the Notice referenced
below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of
January 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of Moore County, certifying
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that, as of said January 1 st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Moore County Register of Deeds office and that the land use
restrictions are being complied with. If the property is transferred, the grantor shall submit a
LURU (as outlined above) which covers the period of time they owned the property. The
submitted LURU shall state the following:
i. the Brownfields Property address, and 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;
and
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 12.i. 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.
13. The desired result of the above -referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in this Agreement while fully protecting
public health and the environment.
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14. 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
15. In addition to providing access to the Brownfields Property pursuant to subparagraph
12.k. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
16. 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
In
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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 Moore 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.
17. 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 Moore
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 Developer may
provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section
XVII.
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18. 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
19. 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 31.a. below
of any such required notification.
X. CERTIFICATION
20. 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 September 9, 2020, by which it applied for this
Agreement. That use is that which is provided in paragraph 12.a. of this Agreement.
Prospective Developer also certifies that to the best of its knowledge and belief it has fully and
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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
21. 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
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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
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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22. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
23. 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 § I I3A-1, et seq.
24. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 21 through 23 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.
XIL PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
25. 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.
XIII. PARTIES BOUND
26. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Parry'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.
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XIV. DISCLAIMER
27. 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.
28. Except for the land use restrictions set forth in paragraph 12 above and NCGS §
130A-310.33(a)(l)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XV. DOCUMENT RETENTION
29. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
24
Trimble Plant Road/22049-20-063/30Aug2021

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
30. 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
31. 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
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
BrownEelds Program
Mail Service Center 1646
Raleigh, NC 27699-1646
25
Trimble Plant Road/22049-20-063/30Aug2021

b. for Prospective Developer:
Jessica Halling, Manager (or successor in function)
Rickhouse Properties, LLC
Unit 26, # 175
10205 US 15-501
Southern Pines, NC 28387
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.
XVIIL EFFECTIVE DATE
32. 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.
XIX. TERMINATION OF CERTAIN PROVISIONS
33. If any Party believes that any or all of the obligations under Section IX
(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
26
Trimble Plant Road/22049-20-063/30Aug2021

written agreement from the other Party to terminate such provision(s).
XX. CONTRIBUTION PROTECTION
34. 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.
35. 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.
36. 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
37. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
27
Trimble Plant Road/22049-20-063/30Aug2021

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:
Michael E. Scott Date
Director, Division of Waste Management
IT IS SO AGREED:
Rickhouse Properties, LLC
By:
Jessica Halling
Manager
Date
Trimble Plant Road/22049-20-063/30Aug2021

EXHIBIT I
4H • � { L _
• _ : d d.. -, z'' � l � yea + ►4
z J � � � �� III /!, H •� P
p l av a
J • •.g 9G4 �' ' j Ii '
4
�i, .,.! � � _ -� � YrIJ a• 'I • it
1'+•• _ P •• 4 �' N 1l
/� / +' .x++w•�ti*1 '+ �S.a r��d��`I,(L�.•g '� .~Y,'/pA �� �.at ra � _ -
�d I•a .4w +i°f • a 4• f ` d H _ . • RRr r�k_ss �•
t• 9' � t �f
APPROXIMATE
N 0 2000 4000
SCALE IN FEET
U.S.G.S. QUADRANGLE MAP
SOUTHERN PINES, N.C. 1957 (PHOTOREVISED 1984)
NIAGARA, N.C. 1957 (PHOTOREVISED 1983)
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)

Exhibit 2
Brownfields Property Name: Trimble Plant Road
Brownfields Project Number: 24049-20-063
The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on April 9, 2021. The following tables set forth, for
contaminants present at the Brownfields Property above applicable 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 the 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, Rule .0202(2L), (April 1, 2013 version), or the 2L Groundwater Interim
Maximum Allowable Concentrations (IMACS), (April 1, 2013 version):
Concentration
Groundwater
Contaminant
Sample Location
Date of
Sampling
Exceeding
Standard
Standard
(µg/L)
/L
1, 1 -Dichloroethane
BMW-1/BMW-Du
4/9/2021
6.8/6.8
6
Cis-1,2-Dichloroethylene
BMW-IBMW-Dup
4/9/2021
91/94
70
BMW-IBMW-Du
4/9/2021
310/330
BMW-2
4/9/2021
270
Trichloroethylene
3
BMW-3
4/9/2021
12
GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with the potential for vapor intrusion (VI) in micrograms per
liter (the equivalent of parts per billion), the vapor intrusion screening levels for which are
contained in the Division of Waste Management (DWM) Vapor Intrusion Guidance, Non -
Residential Vapor Intrusion Screening Levels (VISL), June 2021 version:
Groundwater
Concentration
Non -
Contaminant with
Date of
Exceeding
Residential VI
Potential for Vapor
Sample Location
Sampling
Screening
Screening
Intrusion
Level (µg/L)
Level'
/L
Cis-1,2-
BMW-1/BMW-Dup
4/9/2021
91/94
NS
BMW-2
4/9/2021
64
Dichloroethylene
BMW-1/BMW-Du
4/9/2021
310/330
Trichloroethylene
BMW-2
4/9/2021
270
4.4
BMW-3
4/9/2021
12
1 Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for
carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NS — No screening level established
Trimble Plant Road/24049-20-063/30Aug2021

EXTERIOR SOIL GAS
Exterior soil gas contaminants in micrograms per cubic meter, the screening levels for
which are contained in the DWM Vapor Intrusion Guidance, Non -Residential Vapor Intrusion
Screening Levels (VISL), June 2021 version:
Exterior Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Non -
Residential
Screening
Leeni
(Pg/m3
Chloroform
BSG-1
4/8/2021
300
53
Cis- 1,2-Dichloroeth lene
BSG-1
4/8/2021
13
NS
Ethanol
BSG-1
4/8/2021
69
NS
BSG-2/BSG-
Dup
4/8/2021
31/31
BSG-3
4/8/2021
39
BSG-4
4/8/2021
48
BSG-5
4/8/2021
37
BSG-6
4/8/2021
55
BSG-7
4/8/2021
93
BSG-8
4/8/2021
44
BSG-9
4/8/2021
39
BSG-10
4/8/2021
65
BSG-11
4/8/2021
46
BSG-12
4/8/2021
52
BSG-13
4/8/2021
42
BSG-14
4/8/2021
57
BSG-15
4/8/2021
220
Trichlorofluoromethane
BSG-2
4/8/2021
1.81
NS
BSG-3
4/8/2021
1.6J
BSG-4
4/8/2021
1.11
BSG-5
4/8/2021
1.3J
BSG-7
4/8/2021
1.3J
BSG-9
4/8/2021
1.11
BSG-12
4/8/2021
2.2J
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed
for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NS - Screening level not established for this compound
2
Trimble Plant Road/24049-20-063/30Aug2021

PORE WATER
Pore water 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 2B (June 10, 2019 version) for surface water and Title 15A of the North Carolina
Administrative Code, Subchapter 2L, Rule .0202(2L), (April 1, 2013 version), or the 2L
Groundwater Interim Maximum Allowable Concentrations (IMACS), (April 1, 2013 version) for
groundwater:
Pore Water
Contaminant
Sample Location
Date of
Sampling
Concentration
Exceeding
One or Both
Standards
( /L
NC 2B
Standard
(µg/L)
NC 2L
Standard
(µg/L)
Benzo a anthracene
BPW-3 Du
4/5/2021
0.040J
0.0028
0.05
Benzo(a)pyrene
BPW-3 Dup
4/5/2021
0.022J
0.0028
0.005
Benzo b fluoranthene
BPW-3 Du
4/5/2021
0.031J
0.0028
0.05
Benzo k fluoranthene
BPW-3 Du
4/5/2021
0.031J
0.0028
0.5
Benzo(g,h,i)perylene
BPW-3 Dup
4/5/2021
0.024J
NS
200
Chrysene
BPW-3 Du
4/5/2021
0.039J
0.0028
5
Dibenz a,h anthracene
BPW-3 Du
4/5/2021
0.027J
0.0028
0.005
Indeno(1,2,3-cd)pyrene
BPW-3 Dup
4/5/2021
0.027J
0.0028
0.05
Lead
BPW-1
4/5/2021
2.5
0.16
(Chronic)
15
BPW-2
4/5/2021
1.3
BPW-3BPW-Dup
4/5/2021
1.4/1.4
Trichloroeth lene
BPW-1
4/5/2021
8.7
2.5
3
Vinyl Chloride
BPW-1
4/5/2021
26
0.025
0.03
SURFACE WATER
Surface water 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 2B (June 10, 2019 version):
Concentration
Surface Water
Date of
Exceeding
NC 2B
Contaminant
Sample Location
Sampling
Standard
Standard
(µg/L)
/L
BSW-1
4/5/2021
0.74
Lead
0.16
BSW-2
4/5/2021
0.95
(Chronic)
BSW-3/BSW-Du
4/5/2021
1.4/1.7
Trimble Plant Road/24049-20-063/30Aug2021

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SURVEY CERTIFICATION
I, JORDAN M. SCHOFF, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY
SUPERVISIOAND THE FOILSUPERVISION FROM AN ACTUAL GPS SURVEY MADE UNDER MY LOW NG NFO MATION WAS USED TO PERFORM T E SURVEY:���N ,CA/�CZ���\G)
1. CLASS OF SURVEY: CLASS A
2. TYPE OF GPS FIELD PROCEDURE: VRS •e•ES S gyp•. '9 �� JGJ QJ �3,
3. POSITIONAL ACCURACY: 0.03' HORIZONTAL & 0.08' VERTICAL �V
4. DATE OF SURVEY: JULY 20, 2021 SEAL �:
5. DATUM/EPOCH: NAD83/2011 �R II�d1 9. Y F�LA� �N
JP
GENERAL NOTES
/ 1. THIS SURVEY MAP IS INTENDED TO REPRESENT A BROWNFIELDS SURVEY OF
THE PROPERTY CURRENTLY OWNED BY RICKHOUSE PROPERTIES, LLC. THIS
SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND
THEREFORE ALL ENCUMBRANCES UPON THE PROPERTY MAY NOT BE
SHOWN.
2. THE PROPERTY LINES SHOWN HEREON HAVE BEEN CONFIRMED FROM A
PARTIAL FIELD SURVEY BY STEWART AND EXISTING RECORDS AS REFERENCED
HEREON.
LEGEND
O EIR
EXISTING IRON ROD
0 EPK
EXISTING PK NAIL
COMPUTED POINT
sO
SEWER MANHOLE
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CLEANOUT
6. PUBLISHED/FIXED CONTROL USED: NCGS E 219 , p •:$b (� • 3. AREAS CALCULATED BY COORDINATE GEOMETRY.
7. GEIOD MODEL USED: GEIODI2B 0 0 ••.•••0•..•• �0�� / p��3 / 4. BASIS OF BEARINGS IS NAD83(2011). UTILITY POLE
8. COMBINED SCALE FACTOR: 0.99986028 '.,qh M . `'G���, p`O 1� 5. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN US SURVEY FEET. GUY WIRE
9. UNITS: US SURVEY FEET ������������� 0 6. UTILITIES SHOWN HEREON ARE BASED ON ABOVE -GROUND VISIBLE
w
I, JORDAN M. SCHOFF, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY i EVIDENCE, NO UTILITY DESIGNATION/MARKING SERVICES WERE PERFORMED I WETLANDS
41
SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED AS A PART OF THIS SURVEY. CONTRACTOR SHALL FIELD VERIFY THE LOCATION
DESCRIPTION RECORDED IN BOOK 5475, PAGE 429); THAT THE BOUNDARIES NOT m I OF ALL UTILITIES BEFORE COMMENCING CONSTRUCTION.
SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND IN /���' i rn 1 7, THE SUBJECT PROPERTY IS ZONED "I" (INDUSTRIAL) SOUTHERN PINES RIP RAP
REFERENCES LISTED HEREON; THAT THE RATIO OF PRECISION AS CALCULATED IS 1: / o po NJ
10,000+; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47 30 AS oh oo. ZONING. THE WESTERN HALF OF THE PROPERTY IS LOCATED IN THE URBAN
AMENDED. WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL o JBO HOLDINGS, LLC TRANSITION HIGHWAY CORRIDOR.
SETBACK LINE
THIS DAY OF A.D., 20_. DB 4207, PG. 356 8. THE SUBJECT PROPERTY IS OUTSIDE OF A FLOODPLAIN BASED ON THE FLOOD
N31 ° 17' 18"E / LOT 2 - PB 15, PG. 858 INSURANCE RATE MAP NUMBER 3710858200J, DATED 10-17-2006. EASEMENT LINE
87.06 PARCEL ID 20130115 fris.nc.gov. OHw OVERHEAD UTILITIES
C-1: THIS SURVEY IS OF EXISTING PARCELS OF LAND AND DOES NOT CREATE A NEW PIN 858200656274
STREET OR CHANGE AN EXISTING STREET. BSW / \ 211 TRIMBLE PLANT RD 9• THE AREAS AND TYPES OF CONTAMINATIONS DEPICTED HEREON ARE SS SANITARY SEWER LINE
1/BPW 1/BSED 1
PRELIMINARY PLAT
JORDAN M. SCHOFF, PLS # 4939
APPROXIMATIONS DERIVED FROM THE BEST AVAILABLE INFORMATION AT
_ _ _ _ CENTERLINE CREEK / SWALE
\
THE TIME OF FILING. A LISTING OF TECHNICAL REPORTS USED TO PREPARE
_
THIS PLAT ARE AVAILABLE IN THE BROWNFIELDS AGREEMENT FOR THIS
RIGHT OF WAY
/
\
PROPERTY.
10. SEE SHEET 2 OF 3 FOR LAND USE RESTRICTIONS.
ADJOINER (NOT SURVEYED)
BROWNFIELDS PROPERTY LINE
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11. SEE SHEET 3 OF 3 FOR TABLES.
BMW-1 MONITORING WELL LOCATION
BSG-1 0 SOIL VAPOR SAMPLE LOCATION
� 32
.00
BSW-1/BPW-1/BSED-1 ® SURFACE WATER, PORE WATER
SEDIMENT SAMPLE LOCATION
IAND
75'
EIR S15° 05' 39"E
AREA OF BROWNFIELDS PROPERTY
I
U I
�
40.73'
IR
655,167 SF / 15.041 ACRES
CO� 6
0O I G/<O
Q � \ � \ \ CREEK
' I m al WETLANDS
PB 15, PG. 858
i � \
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BMW-3 �07 Cy
BSG-7 BMW-2
BSG-1 0 EIR /
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BSG-10 BSG-2 0 S62° 32' 12"E EPK
30.00' /
0 BSG-8 /
"�t I / � BMW-1
BSG-11
® BSW-2/BPW-2/BSED-2 / 12 / BSG /
Po6 \, / OLIVE BRANCH � °z�
Q N: 524,555.004' �
/ / /
Q ^ ' / 0 BSG-13 0 BSG-3
PROPERTIES, LLC O V E: 1,885,750.060
DB 1349, PG. 400 m / <�BSG-9 / 0 /
PARCEL ID 32804 4
PIN 858215544421 I / 5� QG 3� /
I Q O Q `V h°j °� c� / �� 0 pA,
tjj Z = C9' �,� ^°j / 5 ��� Q DL / 0 BSG-14
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lcl°' �`� /s� RICKHOUSE PROPERTIES, LLC / SWALE q /A/C /
J G ro cFo S9, / DB 5475, PG. 731 / NO RF FSS
/ �Op Q = �A,9�F �/,L LOT 1 - PB 15, PG. 858 / 08 2 pFss�
Q \ 2j ASS / / PARCEL ID 00036849 p
FAT S3 0� / / 75 YADKIN ROAD /PIN 858200642631/ FOGFOFpq AFC 3SS o°j Q
\ /
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2
NORTH 858�>S�A �2S `S efa� / / / 0 BSG 5 ^�� ohw
NAD83(2011) 632,97
\ EIR Q
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SCALE: 1" = 80' p� q,Q 7S4TCy7s, \ y S70.g2, 30 7/. HAMILTON BEACH/PROCTOR SILEX, INC.
ti cF� ? A Oiy 'qQ �'/! v / DB 2526, PG. 280
8S82 sg2,7 l'L,S�T� VgR�q� ROgO °yw O&42' AtC ,94T P RCELIN ID10003844
57425385
SOUTH SIDE OF YADKIN ROAD ADJIONER INFO g07Cu
84 z CFp(/e` SR2o2 3SS 263 YADKIN ROAD
Oyw Y/
HAMPTON VERNON WILLIAMS TOWN OF SOUTHERN PINES Cu n r` C U /
OTONI YVETTE CAFFERATA WILLIAMS DB 3317, PG. 328 m -0S27° 14' 10"W
1 DB 5262, PG. 159 2 :a!6.68' - TIE
PARCEL ID 00032731 O PARCEL ID 20090018 C Fpk
PIN 858200642094 PIN 858200633886 n 2 / O \ \
ADRIAN & CAROLYN RYNER TANIYA ROSEMARY SMITH I g n O
ODB 2563, PG. 432 DB 2656, PG. 389 m 4
PARCEL ID 00032730 O PARCEL ID 20030662 \ 4 \
PIN 858215634970 PIN 858215636829
t 0
NGS E 219 N07° 54
N: 524,907.130'
E: 1,885,531.762'
\ \ � J0
KNOLLWOOD PARTNERS, LLC
DB 2952, PG. 233 0,
LOT 2 - PB 15, PG. 858
PARCEL ID 39300701 �\
PIN 858211667500 \
(WEST SIDE OF US HWY 1) \
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Vicinity Map:
5�
J
s
OSITE
v
m°°o 020 yAokm/
110 NORTH
N.T.S.
Title:
EXHIBIT B TO THE NOTICE
OF BROWNFIELDS
DROPERTY - SURVEY PLAT
TRIMBLE PLANT ROAD
PROPERTY
BROWNFIELDS #:
24049-20-063
CURRENT OWNER
& PROSPECTIVE DEVELOPER:
RICKHOUSE PROPERTIES, LLC
PIN 858200642631
175 YADKIN ROAD
SOUTHERN PINES
MCNEILL TOWNSHIP
MOORE COUNTY
NORTH CAROLINA
DATE: 07-28-2021 SCALE: 1" = 80'
SHEET 1 OF 3
Revisions:
No. Date Description
01 07-30-21 HH COMMENTS
02 08-19-21 DEQ COMMENTS
STEWART
5410 OLD POOLE ROAD FIRM LICENSE #: C-1051
RALEIGH, NC 27610 www.stewartinc.com
T 919.380.8750 PROJECT #: G21100

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LAND USE RESTRICTIONS
NCGS 130A-310.35(a) requires recordation of a Notice of Brownfields Property ("Notice") that identifies any restrictions on the current and future use of a Brownfields
Property that are necessary or useful to maintain the level of protection appropriate for the designated current or future use of the property and that are designated in a
Brownfields Agreement pertaining to the property. This survey plat constitutes one of three exhibits to the Notice pertaining to the Brownfields Property depicted on this
plat and recorded at the Moore County Register of Deeds' office. The exhibits to the Notice are: the Brownfields Agreement for the subject property, which is attached as
Exhibit A to the Notice; a reduced version of this survey plat, which is attached as Exhibit B to the Notice; and a legal description for the subject property, which is
attached as Exhibit C to the Notice. The land use restrictions below have been excerpted verbatim from paragraph 12 of the Brownfields Agreement, and all
paragraph letters/numbers are the same as those used in the Brownfields Agreement. The following Land Use Restrictions are hereby imposed on the
Brownfields Property and shall remain in force in perpetuity unless canceled by the Secretary of the North Carolina Department of Environmental Quality (or
its successor in function), or his/her designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e):
a. No use may be made of the Brownfields Property other than as a distillery with associated warehousing, office, retail, tours, restaurant, cocktail bar,
event space, parking, and subject to DEQ prior written approval, other commercial uses. For purposes of this restriction, the following definitions
apply:
i. Distillery is defined as an establishment for the manufacture, sale, and distribution of distilled spirit products.
ii. Warehousing is defined as the use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport
businesses among others, and also refers to the storage of goods and materials for a specific commercial establishment or a group of establishments
in a particular type of industry or commercial activity.
iii. Office is defined as a place where business or professional services are provided.
iv. Retail is defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal
service, and the sales of food and beverage products.
v. Tours is defined as the opening of certain parts of the distillery operations to non -employees for purposes of education of the distilled spirit production
process, and the marketing and tastings of distilled spirits products under all applicable local, state, and federal regulations.
vi. Restaurant is defined as a commercial business establishment that prepares and serves food and beverages, including alcoholic beverages under all
applicable local, state, and federal regulations, to patrons.
vii. Cocktail bar is defined as a commercial business establishment that prepares and serves mixed alcoholic drinks and other beverages, and snacks
under all applicable local, state, and federal regulations to patrons.
viii. Event space is defined as a location where private or public gatherings may be held, including family or company gatherings for social or business
occasions, or other entertainment -related gatherings such as charitable events, festivals, theater, musical or other shows, which may include an
outdoor stage, and the preparation and serving of food and beverages, including alcoholic beverages, under all applicable local, state and federal
regulation to guests.
ix. Parking is defined as the temporary accommodation of motor vehicles in an area designed for same.
x. 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 childcare centers, adult care centers, or schools without the prior written approval of DEQ.
c. The Brownfields Property may not be used for residential use without the prior written approval of DEQ.
d. 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. issues related to known or potential sources of contamination, including without limitation those resulting from contamination identified in paragraph 3
above;
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 and DEQ approval of both fill soil before import to the Brownfields Property and the disposition of all soil
excavated from the Brownfields Property during redevelopment;
e. Within 90 days after each one-year anniversary of the effective date of this Agreement for as long as physical redevelopment of the Brownfields
Property continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the Brownfields
Property shall provide DEQ a report subject to written DEQ approval on environment -related activities since the last report, with a summary and
drawings, that describes:
i. actions taken on the Brownfields Property in accordance with Section 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).
f. 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 12.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 12.d. above, or a plan approved in writing in advance by DEQ.
g. No activity that disturbs soil on the Brownfields Property may occur unless and until DEQ states in writing, in advance of the proposed activity, that
said activity may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses
specified in subparagraph 12.a. above while fully protecting public health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair (if only
by email) of any such repair, or in emergency circumstances no later than the next business day, and that any related assessment and remedial
measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined in subparagraph 12.d.
h. Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEQ's satisfaction and the written
approval of DEQ, unless conducted in accordance with an approved EMP as outlined in paragraph 12.d.
i. No enclosed building for residential use 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 16 below, may be occupied for residential use 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 the intrusion of subsurface vapors into 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 a professional engineer licensed in North Carolina as evidenced b said engineer's
9 ( ) � p 9 � Y g
professional seal, is satisfied that the design is fully protective of public health, 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 as -built diagrams, photographs, and a description of the
installation, with said engineer's professional seal confirming that the engineer is satisfied that the system was installed per the DEQ approved
design. If any deviations from the system design were necessary during installation, then the report shall include details on said deviations, as well as
the engineer's seal certifying the VIMS, as installed, was installed in such a manner so as to be fully protective of public health.
j. Surface water at the Brownfields Property may not be used for any purpose, other than in connection with legally compliant storm water collection and
reuse techniques, without the prior written approval of DEQ.
k. Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a
permit, order or agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for purposes of conducting such
assessment or remediation, which is to be conducted using reasonable efforts to minimize interference with authorized uses of the Brownfields
Property.
I. No later than 60 days prior to land disturbance activities, Prospective Developer shall notify the Federal Remediation Branch Superfund Section of its
land disturbance and construction schedule to allow for the Federal Remediation Branch Superfund Section to abandon those monitoring wells
(BMW-1, BMW-2, BMW-4, and BMW-5), injection wells, recovery wells, piezometers and other manmade points of groundwater access at the
Brownfields Property that have the potential to be damaged during land disturbance and construction activities, in accordance with Subchapter 2C of
Title 15A of the North Carolina Administrative Code, unless an alternate schedule is approved by DEQ.
m. Except for the work related to subparagraph 12.1. above, the owner of any portion of the Brownfields Property where any existing, or subsequently
installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants, the owner 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.
n. 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 Moore 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 paragraph:
(i) If every lease and rider is identical in form, the owner conveying an interest may provide DEQ with copies of a form lease or rider evidencing
compliance with this 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.
o. None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in Exhibit 2 or in paragraph 3 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; or
ii. as constituents of fuels, lubricants and oils in emergency generators, machinery, equipment and vehicles in on -board tanks integral to said equipment,
or in flammable liquid storage containers totaling no more than 25 gallons.
p. During January of each year after the year in which the Notice referenced below in paragraph 16 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 Moore County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Moore County Register of Deeds office and that the land use restrictions are being complied with. If the property
is transferred, the grantor shall submit a LURU (as outlined above) which covers the period of time they owned the property. The submitted LURU
shall state the following:
i. the Brownfields Property address, and 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; and
iii. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 12.i. 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.
FOR THE PURPOSES OF N.C.G.S. § 130A-310.35
MICHAEL E. SCOTT, DIRECTOR
DIVISION OF WASTE MANAGEMENT
STATE OF NORTH CAROLINA
COUNTY OF WAKE
DATE
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Title:
EXHIBIT B TO THE NOTICE
OF BROWNFIELDS
DROPERTY - SURVEY PLAT
TRIMBLE PLANT ROAD
PROPERTY
BROWNFIELDS #:
24049-20-063
CURRENT OWNER
& PROSPECTIVE DEVELOPER:
RICKHOUSE PROPERTIES, LLC
PIN 858200642631
175 YAD KI N ROAD
SOUTHERN PINES
MCNEILL TOWNSHIP
MOORE COUNTY
NORTH CAROLINA
DATE: 07-28-2021 SCALE: 1" = 80'
SHEET 2 OF 3
Revisions:
No. Date Description
01 07-30-21 HH COMMENTS
02 08-19-21 DEQ COMMENTS
STEWART
5410 OLD POOLE ROAD FIRM LICENSE #: C-1051
RALEIGH, NC 27610 www.stewartinc.com
T 919.380.8750 PROJECT #: G21100
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Exhibit 2
Brownfields Property Name: Trimble Plant Road
Brownfields Project Number: 24049-20-063
The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred on April 9, 2021. The following
tables set forth, for contaminants present at the Brownfields Property above applicable 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 the purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter the equivalent of arts per billion the standards for which are contained in Title 15A of the North
9 p ( q p p ),
Carolina Administrative Code, Subchapter 2L, Rule .0202(2L), (April 1, 2013 version), or the 2L Groundwater Interim Maximum Allowable Concentrations
(IMACS), (April 1, 2013 version):
Groundwater
Contaminant
Sample Location
Date of Sampling
Concentration
Exceeding Standard
(µgo--)
Standard
(µg/L)
1,1-Dichloroethane
BMW-IBMW-Dup
4/9/2021
6.8/6.8
6
Cis-1,2-Dichloro ethylene
BMW-1/BMW-Dup
4/9/2021
91/94
70
Trichloroethylene
BMW-IBMW-Dup
4/9/2021
310/330
3
BMW-2
4/9/2021
270
BMW-3
4/9/2021
12
GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with the potential for vapor intrusion (VI) in micrograms per liter (the equivalent of parts per billion), the vapor intrusion
screening levels for which are contained in the Division of Waste Management (DWM) Vapor Intrusion Guidance, Non -Residential Vapor Intrusion
Screening Levels (VISL), June 2021 version:
Groundwater Contaminant
Concentration
Non -Residential VI
with Potential for Vapor
Sample Location
Date of Sampling
Exceeding Screening
1
Intrusion
Level (µg/L)
Screening Level
Gµg/L)
BMW-1/BMW-Dup
4/9/2021
91/94
Cis-1,2-Dichloroethylene
NS
BMW-2
4/9/2021
64
BMW-1/BMW-Dup
4/9/2021
310/330
BMW-2
4/9/2021
270
Trichloroethylene
4.4
BMW-3
4/9/2021
12
1 Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6
lifetime incremental cancer risk.
NS - No screening level established
EXTERIOR SOIL GAS
Exterior soil gas contaminants in micrograms per cubic meter, the screening levels for which are contained in the DWM Vapor Intrusion Guidance,
Non -Residential Vapor Intrusion Screening Levels (VISL), June 2021 version:
Exterior Soil Gas
Contaminant
Sample Location
Date of Sampling
Concentration
Exceeding Screening
Level (µgfm)
Non -Residential
Screening Level'
(µg%m )
Chloroform
BSG-1
4/8/2021
300
53
Cis- 1,2- Dichloroethylene
BSG-1
4/8/2021
13
N S
Ethanol
BSG-1
4/8/2021
69
NS
BSG-2BSG-Dup
4/8/2021
31/31
BSG-3
4/8/2021
39
BSG-4
4/8/2021
48
BSG-5
4/8/2021
37
BSG-6
4/8/2021
55
BSG-7
4/8/2021
93
BSG-8
4/8/2021
44
BSG-9
4/8/2021
39
BSG-10
4/8/2021
65
BSG-11
4/8/2021
46
BSG-12
4/8/2021
52
BSG-13
4/8/2021
42
BSG-14
4/8/2021
57
BSG-15
4/8/2021
220
Trichlorolluoromethane
BSG-2
4/8/2021
1.81
NS
BSG-3
4/8/2021
1.0
BSG-4
4/8/2021
1.11
BSG- 5
4/8/2021
1.3.1
BSG-7
4/8/2021
1.3.1
BSG-9
4/8/2021
1.11
BSG-12
4/8/2021
2.2.1
1 Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for
carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NS - Screening level not established for this compound
PORE WATER
Pore water contaminants in micrograms per liter the equivalent of arts per billion the standards for which are contained in Title 15A of the North Carolina Administrative
9 p ( q p p ),
Code, Subchapter 26 (June 10, 2019 version) for surface water and Title 15A of the North Carolina Administrative Code, Subchapter 2L, Rule .0202(2L), (April 1, 2013 version), or
the 2L Groundwater Interim Maximum Allowable Concentrations (IMACS), (April 1, 2013 version) for groundwater:
Pore Water
Contaminant
Sample Location
Date of Sampling
Concentration
Exceeding One or
Both Standards
NC 2B Standard
(µg/L)
NC 2L Standard
W/L)
Benzo(a)anthracene
BPW-3 Dup
4/5/2021
0.040J
0.0028
0.05
Benzo(a)pyrene
BPW-3 Dup
4/5/2021
0.022J
0.0028
0.005
Benzo(b)fluoranthene
BPW-3 Dup
4/5/2021
0.031J
0.0028
0.05
Benzo(k)fluoranthene
BPW-3 Dup
4/5/2021
0.031J
0.0028
0.5
Benzo(&Ni)perylene
BPW-3 Dup
4/5/2021
0.024J
NS
200
Chrysene
BPW-3 Dup
4/5/2021
0.039J
0.0028
5
Dibenz(a,h)anthracene
BPW-3 Dup
4/5/2021
0.027J
0.0028
0.005
Indeno(1,2,3-cd)pyrene
BPW-3 Dup
4/5/2021
0.027J
0.0028
0.05
Lead
BPW-1
4/5/2021
2.5
0.16 (Chronic)
15
BPW-2
4/5/2021
1.3
BPW-3/BPW-Dup
4/5/2021
1.4/1.4
Trichloroethylene
BPW-1
4/5/2021
8.7
2.5
3
Vinyl Chloride
BPW-1
4/5/2021
26
0.025
0.03
SURFACE WATER
Surface water 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 213 (June 10, 2019 version):
Surface Water
Sample Location
Date of Sampling
Concentration
Exceeding Standard
NC 2B Standard
Contaminant
(µg/L)
(µg/L)
BSW-1
4/5/2021
0.74
Lead
BSW-2
4/5/2021
0.95
0.16 (Chronic)
BSW-3BSW-Dup
4/5/2021
1.4/1.7
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Title:
EXHIBIT B TO THE NOTICE
OF BROWNFIELDS
DROPERTY - SURVEY PLAT
TRIMBLE PLANT ROAD
PROPERTY
BROWNFIELDS #:
24049-20-063
CURRENT OWNER
& PROSPECTIVE DEVELOPER:
RICKHOUSE PROPERTIES, LLC
PIN 858200642631
175 YAD KI N ROAD
SOUTHERN PINES
MCNEILL TOWNSHIP
MOORE COUNTY
NORTH CAROLINA
DATE: 07-28-2021 SCALE: 1" = 80'
SHEET 3 OF 3
Revisions:
No. Date Description
01 07-30-21 HH COMMENTS
02 08-19-21 DEQ COMMENTS
STEWART
5410 OLD POOLE ROAD FIRM LICENSE #: C-1051
RALEIGH, NC 27610 www.stewartinc.com
T 919.380.8750 PROJECT #: G21100

EXHIBIT C
LEGAL DESCRIPTION
BEGINNING AT A COMPUTED POINT (POB) THE INTERSECTION OF THE EASTERN RIGHT OF WAY FOR US
HWY 1 AND THE NORTHERN RIGHT OF WAY OF YADKIN ROAD (SR 2029) AND HAVING NORTH CAROLINA
GRID COORDINATES (NAD83/2011) OF NORTH 524,555.004 EAST 1,885,750.060; THENCE ALONG THE
EASTERN RIGHT OF WAY FOR US HWY 1 THE FOLLOWING NINE (9) BEARING AND DISTANCES:
(1) N05- 03' 35"W 117.04 FEET TO A COMPUTED POINT,
(2) N26° 56' 11"E 100.00 FEET TO A COMPUTED POINT,
(3) N08° 01' 18"E 119.12 FEET TO A COMPUTED POINT,
(4) N07° 54' 14"E 79.85 FEET TO A COMPUTED POINT,
(5) N17° 51' 16"E 75.60 FEET TO A COMPUTED POINT,
(6) N31° 17' 18"E 87.06 FEET TO A COMPUTED POINT,
(7) N35° 43' 15"E 96.00 FEET TO A COMPUTED POINT,
(8) N45° 09' 45"E 97.83 FEET TO A COMPUTED POINT,
(9) N49° 24' 33"E 69.26 FEETTO A COMPUTED POINT BEING THE COMMON CORNER WITH LOT 2 AS
SHOWN ON PLAT BOOK 15, PAGE 858; THENCE ALONG THE COMMON LINE WITH LOT 2 THE
FOLLOWING FIVE (5) BEARING AND DISTANCES:
(1) S03° 40' 29"E 251.50 FEET TO A COMPUTED POINT,
(2) S62° 32' 12"E 320.00 FEETTO AN EXISTING IRON ROD,
(3) S15° 05' 39"E 40.73 FEET TO AN EXISTING IRON ROD,
(4) S62° 32' 12"E 529.24 FEETTO AN EXISTING IRON ROD,
(5) S62° 32' 12"E 30.00 FEETTO AN EXISTING PK NAIL IN THE CENTERLINE OF TRIMBLE PLANT ROAD;
THENCE ALONG THE CENTERLINE S27° 14' 12"W 563.09 FEETTO A COMPUTED POINT ON THE
NORTHERN RIGHT OF WAY OF YADKIN ROAD (SR 2029); THENCE ALONG SAID NORTHERN RIGHT OF WAY
N67° 33' 54"W 510.92 FEETTO AN EXISTING IRON ROD; N55° 59' 44"W 465.53 FEET TO THE POB;
CONTAINING 655,167 SQUARE FEET OR 15.041 ACRES MORE OR LESS.
Trimble Plant Road/24049-20-063/30Aug2021