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HomeMy WebLinkAbout20060_Townsend Siler City Amendment_PCPkg_20211109NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY Site Name: Townsend & Acme -McCrary Site Brownfields Project Number: 20060-16-019 North Carolina's Brownfields Property Reuse Act (the "Act"), North Carolina General Statutes ("NCGS") § 130A-310.30 through 130A-310.40, provides for the safe redevelopment of properties that may have been or were contaminated by past industrial and commercial activities. One of the Act's requirements is this Notice of Intent to Redevelop a Brownfields Property approved by the North Carolina Department of Environmental Quality ("DEQ"). See NCGS § 130A-310.34(a). The Notice of Intent must provide, to the extent known, a legal description of the location of the brownfields property, a map showing the location of the Brownfields Property, a description of the contaminants involved and their concentrations in the media of the Brownfields Property, a description of the intended future use of the Brownfields Property, any proposed investigation and remediation, and a proposed Notice of Brownfields Property prepared in accordance with NCGS § 130A-310.35. The party ("Prospective Developer") who desires to enter into a Brownfields Agreement with DEQ must provide a copy of this Notice to all local governments having jurisdiction over the Brownfields Property. The proposed Amendment to a Notice of Brownfields Property for the particular brownfields project referenced above is attached hereto; the proposed Amended Brownfields Agreement, which is attached to the proposed Amendment to Notice of Brownfields Property as Exhibit A, contains the other required elements of this Notice. Written public comments may be submitted to DEQ within 30 days after the latest of the following dates: the date the required summary of this Notice is (1) published in a newspaper of general circulation serving the area in which the Brownfields Property is located, (2) conspicuously posted at the Brownfields Property, and (3) mailed or delivered to each owner of property contiguous to the Brownfields Property. Written requests for a public meeting may be submitted to DEQ within 21 days after the period for written public comments begins. Those periods will start no sooner than November 19, 2021, and will end on the later of. a) 30 and 21 days, respectively, after that; or b) 30 and 21 days, respectively, after completion of the latest of the three (3) above -referenced dates. All comments and meeting requests should be addressed as follows: Mr. Bruce Nicholson Brownfields Program Manager Division of Waste Management NC Department of Environmental Quality 1646 Mail Service Center Raleigh, North Carolina 27699-1646 BF Townsend Siler City/20060-16-019/09Nov2021 1 SUMMARY OF AMENDMENT TO NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY Site Name: Townsend & Acme -McCrary Site Brownfields Project Number: 20060-16-019 Pursuant to NCGS § 130A-310.34, Mountaire Farms Inc., as Prospective Developer, has filed with the North Carolina Department of Environmental Quality ("DEQ") a Notice of Intent to Redevelop a Brownfields Property ("Property") in Siler City, Chatham County, North Carolina. The Brownfields Property, which is the former site of the Townsend Inc. chicken processing plant, Acme -McCrary warehouse, Glendale Hosiery, and other commercial uses, consists of 70.983 acres and was originally comprised of five parcels in Siler City with the following addresses: 1100, 1101 and 1200 East Third Street; 1240 and 1314 East Eleventh Street. On June 27, 2017, the Prospective Developer combined the five parcels into two existing parcel identification numbers: Parcel ID 16852 and Parcel ID 61441. Parcel ID 16852 is the result of combining the parcels located at 1100 and 1200 East Third Street, which are now both addressed as 1200 East Third Street. Parcel ID 61441 is the result of combining the parcels located at 1101 East Third Street and 1240 and 1314 East Eleventh Street, which are now all addressed as 1101 East Third Street. Mountaire Farms Inc. requested that DEQ amend the Notice and Brownfields Agreement in order to incorporate an additional 34.033 acres of property along East Raleigh Street identified as the Smith Property (Parcel ID 16864), which brings the total surveyed acreage of the Brownfields Property to 70.983 acres. Environmental contamination exists on the Brownfields Property in groundwater, soil and stream sediment. Mountaire Farms Inc. has committed itself to no uses other than industrial, warehousing, medical and health -related services for employees and their dependents, office, and associated parking uses on the Brownfields Property. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed Amended Brownfields Agreement between DEQ and Mountaire Farms Inc., 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 Amendment to 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 20060-16-019 into the search bar at the following web address: https://edocs.deq.nc.gov/WasteManagcment/Wcicome.aspx?dbid=0&repo=WasteMana em�ent. Written public comments may be submitted to DEQ within 30 days after the latest of the following dates: the date this Notice is (1) published in a newspaper of general circulation serving the area in which the Brownfields Property is located, (2) conspicuously posted at the Brownfields Property, and (3) mailed or delivered to each owner of property contiguous to the Brownfields Property. Written requests for a public meeting may be submitted to DEQ within 21 days after the period for written public comments begins. Those periods will start no sooner than November 19, 2021, and will end on the later of. a) 30 and 21 days, respectively, after that; or b) 30 and 21 days, respectively, after completion of the latest of the three (3) above -referenced dates. All public comments and public meeting requests should be addressed as follows: Mr. Bruce Nicholson Brownfields Program Manager Division of Waste Management NC Department of Environmental Quality 1646 Mail Service Center Raleigh, North Carolina 27699-1646 Townsend Siler City/20060-16-019/09Nov2021 Prepared by NCDEQ. Return to: Brian Rosenthal Rose Law Firm, a Professional Association 120 E. Fourth Street Little Rock, AR 72201-2893 Property Owner: Mountaire Farms Inc. Amendment recorded in Book , Page Associated Amended Survey Plat recorded in Plat Book , Page AMENDMENT TO NOTICE OF BROWNFIELDS PROPERTY AND TO BROWNFIELDS AGREEMENT Site Name: Townsend & Acme -McCrary Site Brownfields Project Number: 20060-16-019 This AMENDMENT TO NOTICE OF BROWNFIELDS PROPERTY AND BROWNFIELDS AGREEMENT ("Amendment", as well as the Survey Plat component, is entered into effective as of this day of , 2021 by the North Carolina Department of Environmental Quality ("DEQ") and Mountaire Farms Inc. ("Prospective Developer"), and the owner of the Brownfields Property. WHEREAS, a Notice of Brownfields Property was recorded on September 21, 2017 in Book 01947, Page 0946 (with the associated plat recorded in Plat Book 2017, Page 310-311) at the Chatham County Register of Deeds (the "Notice") pursuant to the Brownfields Property Reuse Act, N.C. Gen. Stat. § 130A-310.30, et. Seq. (the "Act"). A Brownfields Agreement between DEQ and Prospective Developer (the `Brownfields Agreement") was attached to the Notice as Exhibit A; WHEREAS, the Prospective Developer requested in writing that DEQ amend the Notice and Brownfields Agreement in order to incorporate an additional 34.033 acres of property along East Raleigh Street, Siler City, owned by the Prospective Developer and identified as the Smith Property (Chatham County parcel ID 16864) into the Brownfields Property; WHEREAS, the Prospective Developer has established through environmental sampling and risk assessment conducted through the North Carolina Brownfields Program that such incorporation is acceptable to DEQ; Amendment/Townsend Siler City/20060-16-019/09Nov2021 WHEREAS, the Prospective Developer has provided an Amended Exhibit 1 — Site Vicinity Map, an Amended Exhibit B to the Notice of Brownfields Property — Survey Plat, and an Amended Exhibit C to the Notice of Brownfields Property — Legal Description to include said 34.033 acre property; and WHEREAS, DEQ has agreed that the Notice and the Brownfields Agreement be so amended, and the undersigned has been delegated the authority by the Secretary of DEQ to execute this Amendment. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth below, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereto represent to each other and agree as follows: i. The Notice and the Brownfields Agreement attached thereto are hereby amended as follows: The Brownfields Property shall be defined as including all property that is defined on the Amended Exhibit B and Amended Exhibit C attached hereto in place of the property defined in the original Notice recorded on September 21, 2017 in Book 01947, Page 0946. All references to the Brownfields Property acreage shall be corrected to 70.983 acres. The Amended Exhibit B to the Notice of Brownfields Property — Survey Plat attached hereto dated September 22, 2021 is recorded in the Chatham County Register of Deeds, Plat Book , Page ii. Pursuant to N.C. Gen. Stat. § 130A-310.35(e), this Amendment shall be recorded in the Chatham County Registry and indexed on the grantor index in the name of the Prospective Developer and on the grantee index in the name "Secretary of Environmental Quality." Also, if practicable, a marginal entry shall be made on the Notice showing the date of amendment and the book and page where the Amendment is recorded. The undersigned has been delegated the authority by the Secretary of DEQ to execute this Amendment. [signatures on following pages] 2 Amendment/Townsend Siler City/20060-16-019/09Nov2021 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written: DEQ: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY By: Name: Michael E. Scott Title: Director, Division of Waste Management 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 Notary's printed or typed name, Notary Public (Official Seal) My commission expires: Amendment/Townsend Siler City/20060-16-019/21May2021 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written: Prospective Developer: STATE OF COUNTY Mountaire Farms Inc. Ra Phillip Plylar President 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: Phillip Plylar, President of Mountaire Farms Inc. Date: (Official Seal) Official Signature of Notary Notary's printed or typed name, Notary Public My commission expires: Amendment/Townsend Siler City/20060-16-019/21May2021 4 EXHIBIT A NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: Mountaire Farms Inc. UNDER THE AUTHORITY OF THE BROWNFIELDS PROPERTY REUSE ACT OF 1997, NCGS § 130A-310.30, et seq. Brownfields Project # 20060-16-019 L INTRODUCTION AMENDED BROWNFIELDS AGREEMENT re: Townsend & Acme -McCrary Site 1100, 1101, and 1200 East Third Street; 1240 and 1314 East Eleventh Street; & unaddressed parcel on East Raleigh Street Siler City, Chatham County This Amended Brownfields Agreement ("Agreement") is entered into by the North Carolina Department of Environmental Quality ("DEQ") and Mountaire Farms Inc. (collectively the "Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et sue. (the "Act"). The previously recorded brownfields agreement subject property included five tax parcels with the following addresses: 1100, 1101, and 1200 East Third Street; 1240 and 1314 East Eleventh Street in Siler City, Chatham County, NC, which effective June 27, 2017 was combined into two tax parcels and addressed as 1101 East Third Street and 1200 East Third Street; as amended under this agreement, an additional parcel, known as the Smith Property, with no assigned address along East Raleigh Street has been added (the `Brownfields Property"). A map showing the location of the Brownfields Property that is the subject of this Amended Agreement is attached hereto as Exhibit 1. The Prospective Developer is Mountaire Farms Inc., which is a subsidiary of Mountaire Corporation of Little Rock, Arkansas. Mountaire Farms Inc. operates in North Carolina as Amended BFA Townsend Siler City/20060-16-019/09Nov2021 Mountaire Farms of North Carolina Corp. Both Mountaire Farms Inc. and Mountaire Farms of North Carolina Corp. operate under the same corporate officers and through the same principal office located at 29292 John J. Williams Highway, Millsboro, Delaware 19966. The principal officer of Mountaire Farms Inc. is Phillip Plylar, President, whose office is located at 29292 John J. Williams Hwy, Millsboro, Delaware. The Prospective Developer proposes to develop the property for no uses other than industrial, warehousing, medical and health -related services for employees and their dependents, office, and associated parking uses. A map showing the location of the property which is the subject of this Agreement is attached hereto in Exhibit 1. The Parties agree to undertake all actions required by the terms and conditions of this Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and limitations contained in Section VIII (Certification), Section IX (DEQ's Covenant Not to Sue and Reservation of Rights) and Section X (Prospective Developer's Covenant Not to Sue), the potential liability of Mountaire Farms Inc. for contaminants at the Brownfields Property. The Parties agree that Mountaire Farms Inc.'s entry into this Agreement, and the actions undertaken by Mountaire Farms Inc. in accordance with the Agreement, do not constitute an admission of any liability by Mountaire Farms Inc. for contaminants at the Brownfields Property. The resolution of this potential liability, in exchange for the benefit Mountaire Farms Inc. shall provide to DEQ, is in the public interest. 2 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 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 Mountaire Farms Inc. III. STATEMENT OF FACTS 3. The Brownfields Property originally comprised five parcels in Siler City totaling 34.3 acres with the following addresses: 1100, 1101, and 1200 East Third Street, and 1240 and 1314 East Eleventh Street. On June 27, 2017, the Prospective Developer combined the five parcels into two existing parcel identification numbers: Parcel ID 16852 and Parcel ID 61441. Parcel ID 16852 is the result of combining the parcels located at 1100 and 1200 East Third Street, which are now both addressed as 1200 East Third Street. Parcel ID 61441 is the result of combining the parcels located at 1101 East Third Street and 1240 and 1314 East Eleventh Street, which are now all addressed as 1101 East Third Street. A sixth parcel, an approximately 34.033-acre parcel with no assigned address known as the Smith Property has been added to the Brownfields Property (Parcel ID 16864) in 2021. With the addition of the sixth parcel and adjustments based on the recombination of parcels, the total acreage of the Brownfields Property is 70.983 acres. This includes a portion of East Third Street that has been ordered closed by the Town of Siler Amended BFA Townsend Siler City/20060-16-019/09Nov2021 City (Town of Siler City Order Permanently Closing a Portion of East Third Street in the Town of Siler City entered August 30, 2021) as delineated on the plat component of the Amendment to Notice of Brownfields Property (hereinafter the "Notice of Brownfields Property" referenced below in paragraph 20. Prospective Developer has committed itself to redevelopment for no uses other than industrial, warehousing, medical and health -related services for employees and their dependents, office, and associated parking uses. 4. The Brownfields Property is bordered to the north by NC Highway 64 with an Acme - McCrary warehouse and other commercial property beyond; to the east-northeast by an Express Care oil change facility and gasoline station and a NC DOT facility; to the southeast by a jewelry store (which formerly operated as a gasoline station); to the south by undeveloped land, Loves Creek with residential land, and one industrial operation, Engineered Plastic Components beyond; and to the west by a former auto body repair shop, drycleaner, and residential development along E. Tenth Street. 5. Prospective Developer obtained or commissioned the following reports, referred to hereinafter as the "Environmental Reports," regarding the Brownfields Property: Title Prepared by Date of Report Report of Phase I Environmental Site Duncklee & Dunham, P.C. June 1, 2016 Assessment, Former Townsend Plant and Acme McCrary Warehouse Revised Report of Phase I Environmental Site Duncklee & Dunham, P.C. June 8, 2016 Assessment, Former Townsend Plant and Acme McCrary Warehouse 2 Amended BFA Townsend Siler City/20060-16-019/09NoQ021 Title Prepared by Date of Report Report of Phase I Environmental Site Duncklee & Dunham, P.C. June 9, 2016 Assessment, Former Townsend Office Property Report of Asbestos -containing Materials Duncklee & Dunham, P.C. June 16, 2016 Survey, Former Townsend Plant Report of Surveys for Asbestos -containing Duncklee & Dunham, P.C. June 20, 2016 Materials and Lead -based Paint, Former Acme McCrary Warehouse Letter Report of Groundwater Assessment, Duncklee & Dunham, P.C. June 20, 2016 Former Townsend Plant and Acme McCrary Warehouse Addendum Letter, Reports of Phase I ESA Duncklee & Dunham, P.C. July 29, 2016 Addendum Report of Pre -Demolition Asbestos Survey Duncklee & Dunham, P.C. January 13, 2017 Report of Phase I Environmental Site Duncklee & Dunham, P.C. January 20, 2017 Assessment, Relax Inn and Rey de Gloria Pentecostal Church Revised Report of Phase I Environmental Site Duncklee & Dunham, P.C. January 23, 2017 Assessment, Relax Inn and Rey de Gloria Pentecostal Church Data Gap Assessment Report, Mountaire Duncklee & Dunham, P.C. February 7, 2017 Siler City Processing Plant Letter Report of Groundwater Assessment, Duncklee & Dunham, P.C. April 26, 2017 Relax Inn and Rey de Gloria Pentecostal Church Phase I Environmental Site Assessment, Gary Waters Edge September 5, L. Smith and Sarah S. Smith, Trustees Environmental, LLC 2019 Properties September 2019 Phase II Environmental Site Waters Edge October 11, Assessment, Gary L. Smith and Sarah S. Environmental, LLC 2019 Smith, Trustees Properties Data Gap Assessment Letter Report SynTerra, Science & En inee ing Consultants February 2, 2021 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 6. For purposes of this Agreement, DEQ relies on the following representations by Prospective Developer as to use and ownership of the Brownfields Property: a. The Brownfields Property originally consisted of five parcels totaling 34.3 acres formerly located at 1100, 1101, and 1200 East Third Street; and 1240 and 1314 East Eleventh Street. On June 27, 2017, these five parcels were combined into two existing parcels as described above in paragraph 3. Two parcels were used historically for textile, warehousing, or food production purposes. Two parcels have been used for primarily commercial purposes since the 1970s. The fifth parcel was initially a residence, but was later converted to office use. A sixth parcel, added with this amended agreement was agricultural, residential, or undeveloped land. A summary of the recent ownership and operational history of each parcel is provided below: i. The parcel at 1100 East Third Street (formerly parcel ID 16850, now part of parcel ID 16852) was originally a residence from 1961 until sometime between 1983 and 1993. Prior to 1961, this parcel was undeveloped. A small stream and a sanitary sewer right-of- way transect a portion of this parcel. Currently it is partially wooded and undeveloped, except for a one-story, approximately 7,500 square foot commercial office building and gravel parking area that were constructed at this parcel by at least 1995, a center for medical and health care services and associated parking, and a portion of the industrial wastewater treatment operations. The building was originally used as office space for the nearby Townsend Inc. chicken -processing plant from at least 1995 through 2013. After Townsends Inc. vacated the building, it was used by 0 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 multiple commercial tenants, including most recently, a realty office. In February 2011, as part of the sale of assets through the bankruptcy court, Townsends Inc., conveyed the property to Omtron USA LLC with successive owners of record being OM -NC LLC and Genie R. Coble. Mountaire Farms Inc., the Prospective Developer, purchased the property in September 2016. ii. The parcel at 1101 East Third Street (parcel ID 61441) has been used as a live chicken -processing plant since at least 1961 until 2011, when plant operations ceased. The plant was owned and operated by Carolina Poultry, Inc. until Townsend Inc. purchased the plant in 1986 and maintained operations until 2011. Currently, this plant site is occupied by a remodeled, partial two-story processing plant. The plant buildings are of tilt -up concrete panel, concrete block, and metal construction on slab -on -grade concrete foundations, except the office building which is constructed on footings with wood siding. Parking areas are either gravel or surfaced with asphalt. Prior to the original construction, this parcel was undeveloped. Three water supply wells used for production purposes were installed in the southwestern area of the plant site (WSW-1, WSW-2, and WSW-3). A 1.6 million gallon above ground storage tank (AST) formerly used for treating production water, was recently removed and disposed of offsite, leaving a concrete pad in the northwestern corner of the plant site. Two concrete USTs for the disposal of chicken offal were located on the eastern side of the plant building. Two underground storage tanks (USTs), one gasoline and one diesel, were formerly located on the southern side of the maintenance building. Three pad -mounted transformers, two of which were marked as non -PCB, and two pole -mounted transformers were used at the plant site. In February 7 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 2011, as part of the sale of assets through the bankruptcy court, Townsends, Inc., conveyed the property to Omtron USA LLC with successive owners of record being OM -NC LCC and Southeast Land Holdings LLC. Mountaire Farms Inc., the Prospective Developer, purchased this parcel from Southeast Land Holdings LLC in September 2016. iii. The parcel at 1200 East Third Street (parcel ID 16852) was originally used for textile manufacturing by Glendale Hosiery Company since 1955, but by 2008 was used also for warehousing by the Acme -McCrary Corporation, and later as an outlet store. Prior to that this parcel was undeveloped. The warehouse building is constructed of brick with a slab -on - grade concrete foundation. Support structures were constructed at this parcel from 1965 to 1993. A wastewater retention pond was constructed at this parcel by 1993. ASTs for fire water, fuel oil for the boilers, and propane were observed at this parcel, in addition to a non -PCB transformer to the northeast of the warehouse. In June 2001, SI-Will Inc. #2, conveyed the property to A.W. Schmidt Jr. & Associates with the successive owner being Chatham Warehouse Leasing LLC. Mountaire Farms Inc., the Prospective Developer, purchased this parcel from Chatham Warehouse Leasing LLC in September 2016. Currently this parcel is used for industrial wastewater treatment and for employee, truck, and trailer parking. iv. The parcel at 1240 East Eleventh Street (former parcel ID 16770, now part of parcel ID 61441) has been used as a motel since 1973, when the motel buildings were constructed. Most recently, the motel was occupied by Relax Motor Inn, but previously was operated under the name Bill's Motor Inn. Three buildings comprise the motel improvements; Amended BFA Townsend Siler City/20060-16-019/09Nov2021 two two-story buildings with rooms, and a one-story office building. The buildings are constructed of concrete block and brick with slab -on -grade concrete foundations and the parking areas are paved with asphalt. A pad -mounted transformer, which was not marked as to PCB content, was located east of the westernmost motel building. Prior to this time this parcel was undeveloped land. In December 2002, W.F. and V. Dorothy Collins, conveyed the property to Patricia C. Perry and Jennifer H. Doerr, with Sunshine Lodge LLC acquiring this parcel in 2006. Mountaire Farms Inc., the Prospective Developer, purchased this parcel from Sunshine Lodge LLC on March 16, 2017. Currently this parcel is used for a truck and trailer shipping dock. v. The parcel at 1314 East Eleventh Street (former parcel ID 16658, now part of parcel ID 61441) has been used for a variety of uses such as a merchandise store, thrift store, gym, and a church since developed at least by 1955. This parcel most recently was occupied by Rey de Gloria Pentecostal Church, but has been occupied in the past by This N That Thrift and Tyler's Formal Wear, among other operators. Prior to this original construction period, this parcel was undeveloped. The building on this parcel is constructed of concrete block on a slab -on -grade concrete foundation. A pad -mounted transformer, which was not marked as to PCB content, was observed on the southern side of the church building. In December 2002, W.F. and Dorothy V. Collins conveyed the property to Patricia C. Perry and Jennifer H. Doerr with successive owners being Jerry L. and Diane Y. Harris, and Sherwood Associates LLC in 2006. Mountaire Farms Inc., the Prospective Developer, purchased this parcel from Sherwood Associates LLC on April 3, 2017. Currently this parcel is used for a truck and trailer shipping 0 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 dock. vi. The parcel known as the Smith Property (parcel ID 16864) is approximately 34.033 acres and was primarily used historically for agricultural or residential purposes. It was originally developed with a farmhouse circa 1850s, a wooden barn, and storage sheds, although most of this parcel is largely undeveloped. Three streams converge from the east, north and west to flow out of the southern boundary of this parcel into Loves Creek to the south. Mountaire Farms, Inc., the Prospective Developer, purchased this parcel from the Smith family trustees on February 25, 2021, which had been in the Smith family for decades. b. Currently the Brownfields Property is developed with a two-story chicken processing plant with several associated support buildings; a former textile mill most recently used as a warehouse and a wastewater retention impoundment; a one-story office building; a motel; a commercial building most recently used for church services, and associated parking areas at each of the parcels. These structures will either be renovated, or razed for new construction for the new chicken processing plant and associated uses planned at the Brownfields Property. A portion of the Smith Property will be developed for employee parking with a surface lot design and no enclosed structures. 7. Pertinent environmental information regarding the Brownfields Property and surrounding area includes the following: a. Groundwater contamination with several volatile organic compounds, including tetrachloroethylene, was detected in two of three deep onsite water supply wells at the 10 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 chicken processing plant parcel. Two of the water supply wells are planned to be used for supply of non -contact cooling water only. Additional water needs may be supplied through the use of one or more production water supply wells that may be installed at the Brownfields Property. Concentrations of petroleum hydrocarbon compounds in groundwater were observed at the former industrial parcels of the Brownfields Property stemming from the historic use of gasoline, diesel, and fuel oil both on the Brownfields Property and likely from offsite sources. b. A gasoline release from one of two petroleum hydrocarbon underground storage tanks (USTs) installed in 1961 (1-10,000 gallon gasoline UST and 1-10,000 gallon diesel fuel UST) was discovered on the 1101 E. Third Street parcel in August 2014. This resulted in the closure and removal of the tanks, underground fuel lines, and about 412 tons of contaminated soil in 2015, which were disposed of offsite (UST Section Incident Nos. 39838 & 39846). c. A release from one or more of four USTs (1-15,000 gallon diesel fuel, 1-15,000 gallon fuel oil, 1-1,000 gallon gasoline, and 1-500 gallon fuel oil) originally registered to Glendale Hosiery Company occurred on the 1200 East Third Street parcel (UST Section Incident No. 10572). The 1,000 gallon gasoline and the 500 gallon fuel oil USTs were reportedly removed from the property in 1979 and 1969, respectively. The two 15,000-gallon USTs formerly located along the eastern side of the parcel, floated due to a high ground water table and breached the asphalt pavement. This incident led to the removal of these two large capacity USTs, about 3,000 gallons of contaminated groundwater from the resulting gasoline UST pit, and about 200 tons of contaminated soil from this area in 1991. Additionally five cubic yards of 11 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 contaminated soil was removed from the area of two USTs formerly located on the southwestern side of the building at the same time. d. Townsend, Inc. was issued a Notice of Violation (NOV) by the DWM UST Section on August 21, 2014 for the parcel at 1101 East Third Street due to UST violations. A Notice of Regulatory Requirements (NORR) dated October 29, 2015 and another NORR dated January 29, 2016, were issued by the DEQ UST Section in relation to Incident Number 39846 at this parcel. Based on activities conducted in relation to this incident, the DEQ UST Section issued a Conditional Notice of No Further Action on September 19, 2016, which required the filing of a Notice of Residual Petroleum (NORP) on the property before a Notice of No Further Action (NFA) could be issued. A NORP was filed for this portion of the Brownfields Property on September 20, 2016 at the Chatham County register of deeds (Book 01881, Page 0230). This recorded NORP contains perpetual land use restrictions for the chicken plant parcel as follows verbatim: Soil: The Site shall be used for industrial/commercial use only. Industrial/commercial use means a use where exposure to soil contamination is limited in time and does not involve exposure to children or other sensitive populations such as the elderly or sick. The real property shall not be developed or utilized for residential purposes, including but not limited to: primary or secondary residences (permanent or temporary), schools, daycare centers, nursing homes, playgrounds, parks, recreation areas and/or picnic areas. Groundwater: New or replacement water supply wells of any kind shall not be installed 12 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 or operated on the site without prior notification to DEQ. A NFA was issued in response to the NORP by the DEQ UST Section on November 29, 2016 for the chicken processing parcel at 1101 East Third Street. e. A NOV was issued to Glendale Hosiery Mills for the textile/warehouse parcel on January 22, 1992 by the NC DEHNR Groundwater Section related to an identified release of petroleum hydrocarbons beneath one of the USTs at this parcel. In response Glendale Hosiery Company conducted additional investigations of subsurface conditions from 1992 through at least 1994. £ Soil contaminants detected at the Brownfields Property include low concentrations of arsenic site -wide, petroleum hydrocarbons associated with the former UST systems, and polychlorinated biphenyls (PCBs). g. Although a wastewater retention pond was located on the former warehouse parcel at 1200 East Third Street, the 1100 East Third Street parcel was associated with an active stormwater discharge permit (No. NCGNE0243) that was issued to Omtron USA LLC on January 3, 2006. The Prospective Developer installed a new wastewater treatment plant system in the same location. h. A petroleum odor was detected only once in the church building at 1314 East Eleventh Street in August 2014. The local fire chief and the natural gas company investigated and determined that the odor was likely associated with petroleum or kerosene, and did not investigate further. It is possible the odor may have been related to operational issues at the 13 Amended BFA Townsend Siler City/20060-16-019/09NoQ021 adjacent automotive maintenance or nearby gasoline station sites. i. The groundwater, surface water, stream sediment, and shallow soil at the Smith Property along East Raleigh Street was assessed due to the potential for releases from drums and other debris observed at the property stemming from its past agricultural use, and the observation of off -site groundwater contaminants from one nearby former gasoline station and past releases at the former Townsend and Acme -McCrary plant sites. 8. The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred on December 22, 2020. 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. a. 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): Results for Property Previously Recorded on September 21, 2017: Groundwater Contaminant Sample Location Date of Sampling Concentration (µg/L) Standard (µg/L) Benzene MW-2 10/12/2016 1.86 1 Chloromethane MW-2 10/12/2016 4.72 3 1,2-dichloroethane DDMW-3 7/7/2016 1.30 0.4 14 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 Groundwater Contaminant Sample Location Date of Sampling Concentration (µg/L) Standard (µg/L) Methyl tert-butyl ether MW-1 5/20/2016 608 20 TMW-3 6/7/2016 230 TMW-9 6/9/2016 112 TMW-11 3/24/2017 878 TMW-13 3/24/2017 192 Tetrachloroethene WSW-2 08/24/2016 17.5 0.7 WSW-3 8/24/2016 4.66 Results for the Smith Property — Subject of Amended Brownfields Agreement: Groundwater Contaminant Sample Location Date of Sampling Concentration (µg/L) Standard (µg/L) 1, 1 -Dichloroethene GEO-1 9/19/2019 15 350/71 Methyl-tert-butyl-ether GEO-1 9/19/2019 140 20 Pentachloro henol GEO-1 9/19/2019 7.OJ 0.3 1NC 2L groundwater standard is 7 µg/L when a private water well or public water system is impacted; no water supply wells are located on this part of the Brownfields Property. J — the reported value is between the laboratory method detection limit and the laboratory method reporting limit. b. Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the screening levels for which are derived from the Preliminary Industrial Health -Based Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (January 2021 version): 15 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 Results for Property Previously Recorded on September 21, 2017: Soil Contaminant Sample Location Depth of Sample (ft) Date of Sampling Concentration Above Screening Level m /k Industrial Screening Level m /k Arsenic2 SB-1 1-2 9/20/2016 3.2 3.0 SB-2 1-2 9/20/2016 4.94 SB-3 1-2 9/20/2016 3.36 SB-3 Du 1-2 9/20/2016 3.03 SB-5 1-2 9/20/2016 6.82 SB-6 1-2 9/20/2016 4.92 SB-8 6-7 9/22/2016 3.25 Arsenic2 SB-8 6-7 Du 9/22/2016 3.6 3.0 SB-8 9-10 9/22/2016 4.07 SB-9 1-2 9/22/2016 4.01 SB-10 1-2 9/22/2016 7.24 SB-10 2-3 9/22/2016 4.55 HA-1 1-2 9/23/2016 3.04 HA-2 1 9/23/2016 3.92 HA-2 Dup 1 9/23/2016 3.54 CS-1 0-0.5 6/22/2017 3.01 CS-2 0-0.5 6/22/2017 3.14 CS-3 0-0.5 6/22/2017 7.10 Polychlorinated Biphenyls High Risk (as Total Non - dioxin like HA-33 0-0.5 9/23/2016 0.009025 0.95 Polychlorinated Biphenyls (12 Dioxin -like congeners) HA-3 0-0.5 9/23/2016 0.000665 Congener - specific p-Isopropyltoluene S-9A 0-4 5/20/2016 0.497 NS4 Phenanthrene S-9A 0-4 5/20/2016 5.83 NS C9-C 18 Aliphatics medium S-9A 0-4 5/20/2016 2,149 6.86 C9-C22 Aromatics medium to high) S-9A 0-4 5/20/2016 1,670.8 120 '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. 2The generic non-residential use preliminary remediation goal for arsenic is 3.0 mg/kg. However, 16 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 the concentrations of arsenic detected in site soil range from 3.03 mg/kg to 7.24 mg/kg, within typical background concentrations observed in North Carolina soil, and within certain site -specific residential use criteria for arsenic. 3Sample HA-3 is a composite sample comprised of four sub -samples, the locations of which are provided on the Brownfields Survey Plat, Exhibit B to the Notice of Brownfields Property. 4NS — No standard established for this compound. Smith Property — Subject of Amended Brownfields Agreement: Soil Contaminant Sample Location Date of Sampling Concentration Above Screening Level (mg/kg) Industrial Screening Level 1(mg/kg) Arsenic2 AOC-1 a 12/18/2020 4.8 3.0 AOC-2a Up 12/18/2020 5.9 AOC-3 12/18/2020 8.3 BMP-1 12/22/2020 3.5 BMP-2 12/22/2020 4.7 BMP-3 Dup 12/22/2020 3.6 SS-2 12/22/2020 3.2 SS-4 12/22/2020 4.2 SS-7 12/18/2020 5.2 SS-8 12/18/2020 4.5 SS-9 12/18/2020 4.0 SS-10 12/18/2020 3.7 SS-12-15 12/18/2020 3.2 SS-20-22 12/18/2020 3.3 '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. 2The generic non-residential use preliminary remediation goal for arsenic is 3.0 mg/kg. However, the concentrations of arsenic detected in site soil range from 3.03 mg/kg to 8.3 mg/kg, within typical background concentrations observed in North Carolina soil, and within certain site -specific residential use criteria for arsenic. 17 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 c. Sediment sample contaminants in milligrams per kilogram, the screening levels for which are derived from the Preliminary Industrial Health -Based Soil Remediation Goals (PSRGs) of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (January 2021 version): Results for Property Previously Recorded on September 21, 2017: Concentration Sediment Contaminant Sample Location Date of Sampling Above Screening Level Industrial Screening Level 1(mg/kg) (mg/kg) Arsenic2 SED-1 9/23/2016 4.72 3.0 SED-2 9/23/2016 3.93 Benzo(g,h,i)perylene SED-1 9/23/2016 0.0674 NS3 SED-2 9/23/2016 0.0491 SED-1 9/23/2016 0.0837 Phenanthrene NS SED-2 9/23/2016 0.0752 '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. 2The generic non-residential use preliminary remediation goal for arsenic is 3.0 mg/kg. However, the concentrations of arsenic detected in site sediment range from 3.93 mg/kg to 4.72 mg/kg, within the range of site -specific soil samples, typical background concentrations observed in North Carolina soil, and within certain site -specific residential use criteria for arsenic. 3 NS — No standard established for this compound. Smith Property — Subject of Amended Brownfields Agreement: Industrial Sediment Date of Concentration Above Screening Contaminant Sample Location Sampling Screening Level Level' (mg/kg) (mg/kg) 4-Isopropyltoluene AOC-1 SED 9/19/2019 0.0023 NS Benzo(g,h,i)perylene AOC-2 UP SED 9/19/2019 0.36JD NS In Amended BFA Townsend Siler City/20060-16-019/09Nov2021 Industrial Sediment Date of Concentration Above Screening Contaminant Sample Location Sampling Screening Level Levels (mg/kg) (mg/kg) AOC-2UP SED 9/19/2019 0.47JD Phenanthrene NS AOC-1 SED 9/19/2019 0.60JD NS — No screening level established J — The reported value is between the laboratory method detection limit and the laboratory method reporting limit. D- The sample was analyzed at dilution. d. Surface water contaminants in micrograms per liter, the standards for which are derived from the North Carolina 15A NCAC 02B Water Quality Standards for Surface Waters (June 2019 version): Smith Property — Subject of Amended Brownfields Agreement: Surface Water Sample Date of Concentration Standard Contaminant Location Sampling (µg/L) (µg/L) Methyl-tert-butyl-ether AOC-1 SW 9/19/2019 0.47J1 NS2 Bromodichloromethane AOC-2UP 9/19/2019 0.87J 0.553 Pentachlorophenol AOC-2 9/19/2019 6.9J 1.04 Down SW 1 J — the reported value is between the laboratory method detection limit and the laboratory method reporting limit. 2NS — No surface water standard or other water quality criteria established 3NC In -Stream Target Values for Surface Waters (June 2019 version) 4NC 2B standard for chlorinated phenols 9. For purposes of this Agreement DEQ relies on Prospective Developer's representations that Prospective Developer's involvement with the Brownfields Property has been limited to obtaining or commissioning the Environmental Reports, preparing and 19 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 submitting to DEQ a Brownfields Property Application (BPA) dated July 29, 2016, a revised BPA dated February 13, 2017, a revised BPA dated August 4, 2020, and the following: a. On September 22, 2016, Prospective Developer purchased three parcels of the Brownfields Property located at 1100, 1101, and 1200 East Third Street; b. On March 16, 2017, Prospective Developer purchased one parcel of the Brownfields Property located at 1240 East Eleventh Street; c. On April 3, 2017, Prospective Developer purchased one parcel of the Brownfields Property located at 1314 East Eleventh Street; d. On June 27, 2017, Prospective Developer combined the five tax parcels comprising the Brownfields Property into two existing parcel; e. In late 2016, Prospective Developer commenced demolition of certain structures and began building renovations; and £ On February 25, 2021, Prospective Developer purchased the Smith Property, a parcel located along East Raleigh Street with no assigned address. 10. Prospective Developer has provided DEQ with information, or sworn certifications regarding that information on which DEQ relies for purposes of this Agreement, sufficient to demonstrate that: a. Prospective Developer and any parent, subsidiary, or other affiliate has substantially complied with federal and state laws, regulations and rules for protection of the environment, and with the other agreements and requirements cited at NCGS § 130A- 20 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 310.32(a)(1); b. As a result of the implementation of this Agreement, the Brownfields Property will be suitable for the uses specified in the Agreement while fully protecting public health and the environment; c. Prospective Developer's reuse of the Brownfields Property will produce a public benefit commensurate with the liability protection provided Prospective Developer hereunder; d. Prospective Developer has or can obtain the financial, managerial and technical means to fully implement this Agreement and assure the safe use of the Brownfields Property; and e. Prospective Developer has complied with all applicable procedural requirements. 11. The Parties agree that a $30,000 "Redevelopment Now" fee Prospective Developer has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A- 310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and the North Carolina Department of Justice of all activities related to this Agreement, unless a change is sought to a Brownfields document after it is in effect, which for this amendment resulted in an additional fee of $8,000. 21 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 IV. BENEFIT TO COMMUNITY 12. The redevelopment of the Brownfields Property proposed herein would provide the following public benefits: a. a return to productive use of the Brownfields Property and elimination of the drawbacks of unoccupied property; b. an increase in the Brownfields Property's productivity; c. the creation of at least 700 permanent jobs in addition to the shorter -term renovation and construction jobs; families; and d. an increase in tax revenue for affected jurisdictions; e. additional parking, and medical and health services for employees and their f. "smart growth" through use of land in an already developed area, which avoids development of land beyond the urban fringe ("greenfields"). V. WORK TO BE PERFORMED 13. In redeveloping the Brownfields Property, Prospective Developer shall make reasonable efforts to evaluate applying sustainability principles at the Brownfields Property, using the nine (9) areas incorporated into the U.S. Green Building Council Leadership in Energy and Environmental Design certification program (Sustainable Sites, Water Efficiency, Energy & Atmosphere, Materials & Resources, Indoor Environmental Quality, Locations & Linkages, Awareness & Education, Innovation in Design and Regional Priority), or a similar program. 22 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 14. Based on the information in the Environmental Reports, and subject to imposition of and compliance with the land use restrictions set forth below, and subject to Section IX of this Agreement (DEQ's Covenant Not to Sue and Reservation of Rights), DEQ is not requiring Prospective Developer to perform any active remediation at the Brownfields Property other than remediation that may be required pursuant to a DEQ-approved Environmental Management Plan (EMP) or Living Environmental Management Plan (LEMP) required by this Section. 15. By way of the Notice of Brownfields Property referenced below in paragraph 20, Prospective Developer shall impose the following land use restrictions under the Act, running with the land, to make the Brownfields Property suitable for the uses specified in this Agreement while fully protecting public health and the environment instead of remediation to unrestricted use standards. The Notice of Residual Petroleum, previously recorded pursuant to N.C. Gen. Stat. § 14313-279.9 and N.C. Gen. Stat. § 14313-279.11 in the Chatham County Register of Deeds, Book 01881, Page 230-234 on September 20, 2016, shall immediately be SUPERSEDED upon the filing of the Notice of Brownfields Property. All references to DEQ shall be understood to include any successor in function. a. No use may be made of the Brownfields Property other than for industrial, warehousing, medical and health -related services for employees and their dependents, office, associated parking uses, and subject to DEQ's prior written approval, other commercial uses. For purposes of this restriction, the following definitions apply: i. "Industrial" is defined as the assembly, fabrication, processing, 23 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 warehousing or distribution of goods or materials. For purposes of this agreement, it includes food production uses including poultry processing. ii. Warehousing" is defined as the use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport business 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. "Medical and health care services" is defined as the provision of general wellness and health screenings, primary care, low level urgent care, and occupational health services. professional services. iv. "Office" is defined as a location used for the provision of business or v. "Parking" is defined as the temporary accommodation of motor vehicles in an area designed for same. vi. "Commercial" is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee. b. Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an Environmental Management Plan ("EMP") approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and 24 Amended BFA Townsend Siler City/20060-16-019/09NoQ021 describes redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation: i. soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports; paragraph 8 above; ii. issues related to potential sources of contamination referenced in ill. contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators, soil contamination); and iv. plans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated during redevelopment. c. Within 90 days after each one-year anniversary of the effective date of this Agreement for as long as physical redevelopment of the Brownfields Property continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval on environment -related activities since the last report, with a summary and drawings, that describes: 25 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 i. actions taken on the Brownfields Property in accordance with Section V: Work to be Performed above; ii. soil grading and cut and fill actions; iii. methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media; iv. stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected or confirmed to be contaminated with regulated substances; and v. removal of any contaminated soil, water or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all legally required manifests shall be included). d. Unless compliance with this Land Use Restriction is waived in writing in advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all buildings on the Brownfields Property depicted on the plat component of the Notice referenced in paragraph 20 below shall be in accordance with applicable legal requirements, including without limitation those related to lead and asbestos abatement that are administered by the Health Hazards Control Unit within the Division of Public Health of the North Carolina Department of Health and Human Services. e. Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ, except that: 26 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 i. the owner of the Brownfields Property shall retain access to the use of two existing onsite water supply wells (WSW-1 and WSW-3), and may install additional water supply wells at the Brownfields Property for industrial purposes only in accordance with applicable local and state regulations while fully protecting public health and the environment, and with a minimum of 10 days notice to the DEQ representative referenced in paragraph 35.a.; ii. existing and any new water supply wells shall be operated and maintained under the following provisions: 1. water supply wells shall be used for non -contact, cooling water uses only and shall not be used for potable or domestic use; 2. water supply wells shall be maintained in accordance with applicable local and state regulations; 3. waste purge water from any water supply well onsite and waste cooling water will be conveyed along with production water to an on -site pretreatment plant and discharged to the local POTW under an approved discharge permit; 4. the installation of new water supply wells shall be noticed at least 10 days in advance to DEQ; and 5. water supply wells shall be tested periodically under a DEQ- approved plan and the results submitted to the DEQ representative referenced in paragraph 35.a. in accordance with a schedule agreed to by DEQ. £ Surface water at the Brownfields Property may not be used for any purpose, 27 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 other than in connection with legally compliant storm water collection and reuse techniques, without the prior written approval of DEQ. g. No activity that disturbs soil or sediment on the Brownfields Property as delineated on the plat component of the Notice of Brownfields Property referenced below in paragraph 20, may occur unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in subparagraph 15.a. above while fully protecting public health and the environment, except: i. in connection with landscape planting to depths not exceeding 24 inches; H. 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 15.b. h. Neither DEQ, nor any parry 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 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 reasonable efforts to minimize interference with authorized uses of the Brownfields Property. i. 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 Chatham County land records, Book , Page " A copy of any such instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though financial figures related to the conveyance may be redacted to the extent said redactions comply with the confidentiality and trade secret provisions of the North Carolina Public Records Law. The owner conveying an interest may use the following mechanisms to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form, the owner conveying an interest may provide DEQ with copies of a form lease or rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XV (Notice and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XV. J. None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in paragraph 8 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 29 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 maintenance activities; ii. in fluids in vehicles; and iii. as constituents of fuels, lubricants and oils in emergency generators; machinery, equipment and vehicles in on -board tanks integral to said equipment; or in flammable liquid storage containers totaling no more than 25 gallons. k. Within 60 days after the effective date of this Agreement or prior to land disturbance activities, Prospective Developer shall abandon monitoring wells, injection wells, recovery wells, piezometers and other man-made points of groundwater access at the Brownfields Property, except MW-2, MW-7, WSW -I, and WSW-3, in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days after doing so, the Prospective Developer shall provide DEQ a report, setting forth the procedures and results. 1. The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants shall be responsible for repair of any such wells to DEQ's written satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by DEQ in advance. m. The industrial areas of the Brownfields Property consisting of the chicken processing plant at 1101 East Third Street (parcel ID 61441) and the former textile mill at 1200 East Third Street (parcel ID 16852), and the former Smith Property (parcel ID 16864) as 30 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 demarcated on the plat component of the Notice of Brownfields Property required by paragraph 20 below, shall not be developed or utilized for residential purposes including but not limited to: primary or secondary residences (permanent or temporary), schools, daycare centers, nursing homes, playgrounds, parks, recreation area, and/or picnic areas, without prior approval of DEQ. n. During January of each year after the year in which the Notice referenced below in paragraph 20 is recorded, the owner of any part of the Brownfields Property as of January 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the chief public health and environmental officials of Chatham County, certifying that, as of said January 1 st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Chatham County Register of Deeds office and that the land use restrictions are being complied with, and stating: i. the name, mailing address, telephone and facsimile numbers, and contact person's e-mail address of the owner submitting the LURU if said owner acquired any part of the Brownfields Property during the previous calendar year; ii. the transferee's name, mailing address, telephone and facsimile numbers, and contact person's e-mail address, if said owner transferred any part of the Brownfields Property during the previous calendar year; and iii. whether any additional water supply wells have been installed pursuant to subparagraph 15.e., and including well installation report with a water supply well location map and installation log(s). 31 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 16. The desired result of the above -referenced land use restrictions is to make the Brownfields Property suitable for the uses specified in the Agreement while fully protecting public health and the environment. 17. The guidelines, including parameters, principles and policies within which the desired results are to be accomplished are, as to field procedures and laboratory testing, the Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund Section and the Division of Waste Management Vapor Intrusion Guidance, as embodied in their most current version. 18. The consequence of achieving the desired results will be that the Brownfields Property will be suitable for the uses specified in the Agreement while fully protecting public health and the environment. The consequence of not achieving the desired results will be that modifications to land use restrictions and/or remediation in some form may be necessary to fully protect public health and/or the environment. VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST 19. In addition to providing access to the Brownfields Property pursuant to subparagraph 15.h. 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 32 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 emergencies and/or imminent threats to public health and the environment. While Prospective Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective Developer of the timing of any response actions to be undertaken by or under the oversight of DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all of its authorities and rights, including enforcement authorities related thereto, under the Act and any other applicable statute or regulation, including any amendments thereto. 20. DEQ has approved, pursuant to NCGS § 130A-310.35, an amended Notice of Brownfields Property for the Brownfields Property containing, inter alia, the land use restrictions set forth in Section V (Work to Be Performed) of this Agreement and a survey plat of the Brownfields Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date of this Agreement, Prospective Developer shall file the amended Notice of Brownfields Property in the Chatham County, North Carolina, Register of Deeds' Office. Within three (3) days thereafter, Prospective Developer shall furnish DEQ a copy of the documentary component of the Notice containing a certification by the register of deeds as to the Book and Page numbers where both the documentary and plat components of the Notice are recorded, and a copy of the plat with notations indicating its recordation. 21. This amended Agreement shall be attached as Exhibit A to the Notice of Brownfields Property. Subsequent to recordation of said Notice, any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: "This property is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property 33 Amended BFA Townsend Siler City/20060-16-019/09NoQ021 recorded in the Chatham County land records, Book , Page ." A copy of any such instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though financial figures and other confidential information related to the conveyance may be redacted to the extent said redactions comply with the confidentiality and trade secret provisions of the North Carolina Public Records Law. Prospective Developer may use the following mechanisms to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form, Prospective Developer may provide DEQ with copies of a form lease or rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XV (Notices and Submissions); or (ii) Prospective Developer may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section 22. The Prospective Developer shall ensure that a copy of this Agreement is provided to any current lessee or sublessee on the Brownfields Property within seven days of the effective date of this Agreement. VII. DUE CARE/COOPERATION 23. The Prospective Developer shall exercise due care at the Brownfields Property with respect to the manner in which regulated substances are handled at the Brownfields Property and shall comply with all applicable local, State, and federal laws and regulations. The Prospective Developer agrees to cooperate fully with any assessment or remediation of the Brownfields 34 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 Property by DEQ and further agrees not to interfere with any such assessment or remediation. In the event the Prospective Developer becomes aware of any action or occurrence which causes or threatens a release of contaminants at or from the Brownfields Property, the Prospective Developer shall immediately take all appropriate action to prevent, abate, or minimize such release or threat of release, shall comply with any applicable notification requirements under NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any other law, and shall immediately notify the DEQ Official referenced in paragraph 35.a. below of any such required notification. VIIL CERTIFICATION 24. By entering into this Agreement, the Prospective Developer certifies that, without DEQ approval, it will make no use of the Brownfields Property other than that committed to in the Brownfields Property Application dated July 29, 2016, and by an Amended Brownfields Property Application dated February 13, 2016, and by a Brownfields Property Application to add acreage to the Brownfields Property dated August 4, 2020, by which it applied for this Agreement. That use is industrial, warehousing, medical and health -related services for employees and their dependents, office, and associated parking uses. Prospective Developer also certifies that to the best of its knowledge and belief it has fully and accurately disclosed to DEQ all information known to Prospective Developer and all information in the possession or control of its officers, directors, employees, contractors and agents which relates in any way to any past use of regulated substances or known contaminants at the Brownfields Property and to its 35 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 qualification for this Agreement, including the requirement that it not have caused or contributed to the contamination at the Brownfields Property. IX. DEQ'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS 25. Unless any of the following apply, Prospective Developer shall not be liable to DEQ, and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields Property except as specified in this Agreement: a. The Prospective Developer fails to comply with this Agreement. b. The activities conducted on the Brownfields Property by or under the control or direction of the Prospective Developer increase the risk of harm to public health or the environment, in which case Prospective Developer shall be liable for remediation of the areas of the Brownfields Property, remediation of which is required by this Agreement, to the extent necessary to eliminate such risk of harm to public health or the environment. c. A land use restriction set out in the Notice of Brownfields Property required under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields Property, in which case the Prospective Developer shall be responsible for remediation of the Brownfields Property to unrestricted use standards. d. The Prospective Developer knowingly or recklessly provided false information that formed a basis for this Agreement or knowingly or recklessly offers false information to demonstrate compliance with this Agreement or fails to disclose relevant information about contamination at the Brownfields Property. 36 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 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 37 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 Brownfields Property under NCGS § 130A-310.35. 26. Except as may be provided herein, DEQ reserves its rights against Prospective Developer as to liabilities beyond the scope of the Act. 27. This Agreement does not waive any applicable requirement to obtain a permit, license or certification, or to comply with any and all other applicable law, including the North Carolina Environmental Policy Act, NCGS § I I3A-1, et seq. 28. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and any statutory limitations in paragraphs 25 through 27 above, apply to all of the persons listed in NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent as Prospective Developer, so long as these persons are not otherwise potentially responsible parties or parents, subsidiaries, or affiliates of potentially responsible parties. X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE 29. In consideration of DEQ's Covenant Not To Sue in Section IX of this Agreement and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the Prospective Developer hereby covenants not to sue and not to assert any claims or causes of action against DEQ, its authorized officers, employees, or representatives with respect to any action implementing the Act, including negotiating, entering, monitoring or enforcing this Agreement or the above -referenced Notice of Brownfields Property. Amended BFA Townsend Siler City/20060-16-019/09Nov2021 XI. PARTIES BOUND 30. This Agreement shall apply to and be binding upon DEQ, and on the Prospective Developer, its officers, directors, employees, and agents. Each Party's signatory to this Agreement represents that she or he is fully authorized to enter into the terms and conditions of this Agreement and to legally bind the Party for whom she or he signs. XII. DISCLAIMER 31. Prospective Developer and DEQ agree that this Agreement meets the requirements of the Act, including but not limited to the requirements set forth in N.C.G.S. 130A-310.32(a)(2). However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health and the environment which may be posed by regulated substances at the Brownfields Property, a representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a waiver of Prospective Developer's duty to seek applicable permits or of the provisions of NCGS § 130A-310.37. 32. Except for the land use restrictions set forth in paragraph 15 above and NCGS § 130A-310.33(a)(l)-(5)'s provision of the Act's liability protection to certain persons to the same extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon Prospective Developer under this Agreement are conferred or imposed upon any other person. XIII. DOCUMENT RETENTION 33. The Prospective Developer agrees to retain and make available to DEQ all business and operating records, contracts, site studies and investigations, remediation reports, and 39 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 documents generated by and/or in the control of the Prospective Developer, its affiliates or subsidiaries relating to storage, generation, use, disposal and management of regulated substances at the Brownfields Property, including without limitation all Material Safety Data Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement, unless otherwise agreed to in writing by the Parties. Said records may be retained electronically such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years, the Prospective Developer shall notify DEQ of the location of such documents and shall provide DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or inspect said documents, Prospective Developer shall provide DEQ with a log of documents withheld from DEQ, including a specific description of the document(s) and the alleged legal basis upon which they are being withheld. To the extent DEQ retains any copies of such documents, Prospective Developer retains all rights it then may have to seek protection from disclosure of such documents as confidential business information. XIV. PAYMENT OF ENFORCEMENT COSTS 34. If the Prospective Developer fails to comply with the terms of this Agreement, including, but not limited to, the provisions of Section V (Work to be Performed), it shall be liable for all litigation and other enforcement costs incurred by DEQ to enforce this Agreement or otherwise obtain compliance. Amended BFA Townsend Siler City/20060-16-019/09Nov2021 XV. NOTICES AND SUBMISSIONS 35. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a change in contact information, all notices and submissions pursuant to this Agreement shall be sent by prepaid first-class U.S. mail, as follows: a. for DEQ: Sharon Poissant Eckard, PG (or successor in function) N.C. Division of Waste Management Brownfields Program Mail Service Center 1646 Raleigh, NC 27699-1646 b. for Prospective Developer: Phillip Plylar (or successor in function) Mountaire Farms Inc. 29292 John J Williams Highway Millsboro, Delaware 19966 Notices and submissions sent by prepaid first-class U.S. mail shall be effective on the third day following postmarking. Notices and submissions sent by hand or by other means affording written evidence of date of receipt shall be effective on such date. XVI. EFFECTIVE DATE 36. This Agreement shall become effective on the date the Prospective Developer signs it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ's approval of this Agreement is conditioned upon the complete and timely execution and filing of this 41 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the Agreement in order to effect the recordation of the full Notice of Brownfields Property within the statutory deadline set forth in N.C.G.S. § 130A-310.35(b). If the Agreement is not signed by Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its approval and certification of this Agreement, and invalidate its signature on this Agreement. XVII. TERMINATION OF CERTAIN PROVISIONS 37. If any Party believes that any or all of the obligations under Section VI (Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the requirements of the Agreement, that Party may request in writing that the other Party agree to terminate the provision(s) establishing such obligations; provided, however, that the provision(s) in question shall continue in force unless and until the Party requesting such termination receives written agreement from the other Party to terminate such provision(s). XVIII. CONTRIBUTION PROTECTION 38. With regard to claims for contribution against Prospective Developer in relation to the subject matter of this Agreement, Prospective Developer is entitled to protection from such claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this Agreement is all remediation taken or to be taken and response costs incurred or to be incurred by DEQ or any other person in relation to the Brownfields Property. 42 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 39. The Prospective Developer agrees that, with respect to any suit or claim for contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ in writing no later than 60 days prior to the initiation of such suit or claim. 40. The Prospective Developer also agrees that, with respect to any suit or claim for contribution brought against it in relation to the subject matter of this Agreement, it will notify DEQ in writing within 10 days of receiving said suit or claim. XIX. PUBLIC COMMENT 41. This Agreement shall be subject to a public comment period of at least 30 days starting the day after the last of the following public notice tasks occurs: publication of the approved summary of the Notice of Intent to Redevelop a Brownfields Property required by NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the Brownfields Property is located; conspicuous posting of a copy of said summary at the Brownfields Property; and mailing or delivery of a copy of the summary to each owner of property contiguous to the Brownfields Property. After expiration of that period, or following a public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or withdraw its consent to this Agreement if comments received disclose facts or considerations which indicate that this Agreement is inappropriate, improper or inadequate. 43 Amended BFA Townsend Siler City/20060-16-019/09Nov2021 IT IS SO AGREED: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY By: Michael E. Scott Date Director, Division of Waste Management IT IS SO AGREED: MOUNTAIRE FARMS INC. By: Phillip Plylar President Amended BFA Townsend Siler City/20060-16-019/09Nov2021 Date EXHIBIT 1 GRAPHIC SCALE 30000 15000 0 15000 30000 60000 YMWAIRE FARMS, M PROPERIY 1101 Eo 7HIRD STREET (MAX PARCEL 61441) 1200 L 7HNtD STREET (MAX PARCEL 16W2) UNADDRESSED PARCEL (TAX PARCEL 1 M4) SLER CITY NO 27344 O TITLE SITE LOCATION MAP SURVEY COMPANY STONE LAND SURVEYING CO. 113 DRUM LANE MOCKSVILLE NC 27028 FIRM NO C —1704 DATE: 1 1—05-2021 REVISION NO. 0 I, George Robert Stan*, certify that this plot was drawn under my supervision from an actual survey mode under my supervision ( deed descr l pt i on recorded In Boob . , Pago , s te.) (other); that the boundaries not surveyed are clearly indicated as drawn from Information found In Book , Page..... - that the ratio of prectsion as calculated is liio,OOG: that this plat was prepared In accordance with G.S. 47-30 as amended. Witness my original signature, registration number and seal this 14th day of .,. Jul,........_.._ , A. D. 2016 . Seal or S t amp George R. Stone Surveyor L3162 CA(� * DB 1881 0 PGS 736 & 740 * DB 1881 0 PGS 744 & 748 R*g i s t r a t Ion Number �.. ••,•solo...,,. •.,'/ * DB 1881 0 PGS 748 & 752 •`•'ESS/fJ •; * DB 1881 0 PG 756 * DB 1889 0 PG 94 SEAL * DB 1889 0 PG 104 L-- 31 B2 * DB 1889 0 PG 114 �.. c� ;-y►'.: * DB 1899 0 PG 539 `.;,� ,,.,• ,� SU5� �► * DB 1899 0 PG 547 DB 1912 0 PG 284 �`•. .•` �. solo... ,C * /?0 * DB 1915 0 PG 320 B * DB 1930 0 PG 879 * PS 2017 0 PG 189 *DB 19300PG883 *PS20170PG27 Plat Revisions: 9-26-2016 1. New Sanitary Sewer Outfall Line Easement Plat Revisions: 9-29--2016 1. Street R/W Dedication Plot Revisions: 9-30-201 f 1. Brownfields Property - SURVEY PLAT Revisions Plat Revisions: 10- 14-2016 1. Brownfielde Property - SURVEY PLAT Revisions Plot Revisions: 02- 10-2017 1. Brownfields Property -- SURVEY PLAT Revisions Addition of Tax Parcels 16770 & 16658 Plat Revisions: 05--1 3-2017 1. Brownfields Property Final Revisions Plot Revisions: 05--23--2017 1. Brownfields Property Final Revisions Plat Revisions: 07--01--2017 1. Brownfields Property Revisions: New Tax Parcel Numbers and New Deed & Plat References Plot Revisions: 07-08-2017 1. Brownfields Propert CS- 1 CS-2 do CS-3 y Revisions: Addition of Test Samples Plot Revisions: 07-17r--2017 1. Brownfields Property Revisions: Title Block Address Revision CS-1, CS-2 & CS-3 Points Revision Plot Revisions: 09--22-2021 1. Brownfield Property Revisions: Smith Parcel Addition Certificate of Global Positioning Systems Surveys 1, George R. Stone, certify that the site control (grid tie only) shown hereon was established under my supervision from an actual GPS survey made under my supervision and the following information was used to perform the GPS survey: 1 Class of survey: Class A 2 Positional accuracy; does not exceed 0.10' 3 Type of GPS field procedure: RTK-Network VRS 4 Date of Survey: July 14, 2016 5 Datum/Epoch: NAD 83 (NSRS 2011) 6 Published/Fixed control: NCGS Network VRS 7 Geoid model: GEOID 12A 8 Combined Grid Factor. 0.99998695 9 Units: U.S. Survey Foot and that this map was prepared in accordance with the standards and practicer for land surveying as outlined by the N.C. Administration Code Title 21, Chapter 56.1607. Witness my hand and official seal this 14th day of July, 2016 George R. Stone, PLS L--3182 License No. Professional Land Surveyor i, George Robert Stars, Professional Land Surveyor, L-31 e2. certify to one of the following os indlcated thus. [R or g 0 a. That tale plot Is of a survey that creates a subdivision of land within the area of a county or rnunkdpality that has an ordinance that rsgukate: Parcels of land: b. That this prat is of a survey that Is located in such portion of a county or municipality that is unregulated as to an ordinance that regulates po wls of land; R c. That this plat to of o survey of an extating parcel or parcels of land; 0 d. That this plot is of a surer of another eategoty. such as the LJ rocombinadon of sncisft parcel*, a court -ordered survey or other exception to the definit n of subdivision; 0 e. That the information available to this surveyor is such that I am .. untie to make a debwmination to the best of my Pr+oiessional ability as to prwAsions contained in (a) through (d) above. George R. Stone, PLS Profesotonal Land Surveyor, L-31 S2 General Notes: 1. AreaComputations by Coordinate Geometry 2. All Distances Shown are Horizontal Ground Distances 3. 8eoring Reference: NAD 83 (2011) 4. Site owner: MOUNTAIRE FARMS INC. dba MOUNTAIRE FARMS OF NORTH CAROLINA CORP. CERTIFICATE OF PLAT BEING EXEMPT FROM THE SUBDIVISION ORDINANCE i hereby certify that the subdivision plot shown hereon is exempt from the Town of Siler City Subdivision Regulations by definition. The subject lot(s) do not meet the requirements of the Town Zoning Ordinance. The plat has been approved for recording in the Office of the Chatham County Register of Deeds. Planning Director REVIEW OFFICER'S CERTIFICATE STATE OF NORTH CAROLINA, COUNTY OF CHATHAM i, Review officer for Chatham County certify that the mop or plat to which this certification is affixed meets ail statutory requirements for recording. Review Officer, Date Tax Parcel 17246 n/f Jonathan N. Johnson DS15170PG510 1202 E. Eleventh Street Siler City, N.C. 27344 �e4 R/W .ow ago solo. r.. R/W T..- Tax Parcel: 16848 Building 1006 E. Third Street n/f Donald R. Simpson Siler City, N.C. 27344 & Barbara H. Simpson 08 1705 0 PG 850 PVR p Tax Parcel. 16853 224 N. Tenth Ave. n/f Anthony Oldham Slier City. N.C. 27344 & Margaret Ann Oldham DS 1301 0 PG 504 N . 7,, F 220 N. Tenth Ave. Tax Parcel: 16859 pad v Siler City, N.C. 27344 n/f Margie Kivett OB 310 0 PG 570 h 218 Tenth Ave. Tax Parcel. 16854 Siler City, N.C, 27344 n/f Rafael. Comacho Ayon C rs, do Nelly Monter Reyes o` RRFFjy �'s DB 1808 0 PG 800 �o srereo0 �"3, eo► ,�//ej, 11y .O O p�, S/oN S v �s 216 N. Tenth Street Tarr Pameri: 16849 N. I n/f Glenn E. Milligan Slier City, N.C.NC2 344 Life Estate � dint HI8 1 0 - -- 7V� E 28 SED-1� �h J 104 N. Tenth Ave. Tax Parcel. 16851 Siler City, N.C. 27344 n/f Daisey Mete McSwain HA 2 D67190PG949 Spli it ` Fence Consuelo P. Hemandez Crosses P/L Crosses 411 P/L o.l = 102 N. Tenth Ave. Tax Parcel 16857 p� lit Rail Fence i n/f Boris A. Hernandez Siler City, N.C. 27344 d Sp / do i 08686 0 PG 791 M r 400 LEGEND 100 N. Tenth Ave. 47PP� R/W - Right--of-Way FC - Face of Curb Siler City, N.C. 27344 Tax Parcel: -- EIP Existing Iron Pipe ElR -- Existing Iron Rebar BoC - Back of Curb PP - Power Bole . OF tth '�` fn P -Post LP -- Light Pole TCNUNE SHED 4 t3 758 0 PG 832 2 OF CM -- Concrete Monument MH �- Man Hole L1HE SHEET IRS - Iron Rebar Set CH -- Chord Distance MATCH Propertyina CIA t o l - Part of 314'' E/P -- C d Acceea DS Deed Bonk F' nd CP - Concrete Pie PB -- Plat Book 3/4 CMP -- Corrugated Metal Pipe RB -- Record Book of 1 CPP _ Corrugated Plastic Pipe PG - Page Tax Parcel: 16860 NCC --F- 100 Year Flood Boundary CB - Catch Basin 901 E. Raleigh Street n/f Jennifer H. Smith ! N: --0-- Overhead Utilities --S- Sewer Line Siler City, N.C. 27344 & Thomas M. Smith E: 1 -X- Fence WM - Water Meter DB 1241 0 PG 353 Fnd -- Found Wu - Water Valve n/f -- Now or Formerly BM - Bench Mark NMP - Nonmonumented Point CL - Center Une TSM - Temporary Bench Mark RRS -- Rail Road Spike ..�.•�► -T.-1 EP - Edge of Pavement CTV r- Cable Television Pedestall / E1P TP -- Telephone Pedestal -W- Water Line ETB - Electric Transformer Box CO - Sanitary Sewer Ciean Out 3�4" Bert f End Z? amummma Brownfield Property Line MNF - Mag--NCcil Found MNS - Mag--Nail Set TMW -- Temporary Monitor Well �-► internal Property Lines SW - Surface Water Sample ,,, ••• w R/W Lines SED - Surface Sediment Sample /* HA - Hand Auger �----- S Sanitary Sewer Line MW -- Monitor Well -ST--- Storm Drain SB -- Soil Boring WSW -- Water Supply Well Tax Parcel 16957 W --~-- Water Line ...so solo. CS - Confirmation Soil Sample n/f Samuel Zinaich & Billie J. Zinaich pvenue DB 796 0 PG 30 �"j'�,,1 ► em • Brownfield Area $20 E Raleigh Street # In Siler City, N.C. 27344 E. Third Street 100 0 100 200 300 GRAPHIC SCALE -FEET W. 0 * Tax Parcel 16652 ray` �f 5i�3 � PG warehouse, LLC Ole 1311 E. Eleventh Street !'/�/, ♦ ♦ Siler City, N.G. 27344 ID 01 C` Poo /Z tom, ash ey , --�--�-- ��F " .-F W P7soloPM ro L Riparian Buffer for intermittent streams r �•-'l-00" moo *hall be fifty (501) feet landward, 0 moo measured horizontally on a line,, vest Corner perpendicular from the top of bunk. 4 low o " - OppStreet Tr-%X PARCEL as L--17 p ~� .•► "' 1040 E. THIRD STREET .� wl ,�y t,.ry eL SILER CITY, N.C. 27344 Opp now .••� 103 34.033 Acres +/ T 3 ,Bent F nd „ �lP I0c R/ solo• solo , ;�� P ` • 2ro+l/ C) t Idth ,solo $_ men Tax Parcel 16865 TRACT 2 PS 2020 O PG 113 Tax Parcel 16862 n/f David Korggarzadsh DB 16140PG615 920 E. Raleigh Street Siler City, N.C. 27344 Tax Parcel 16596 n/f Autornasters of Asheboro, LLC DB 1013 0 PG 390 1320 E. Eleventh Street Siler City, N.C. 27344 r�3/4 EIP Fnd 1�(�l solo. P, l�,,r► S ----() MH BROWNFIELDS PROPERTY BOUNDARY CALL TABLE COURSE BEARING DISTANCE CURVE DATA L--1 S 8700659 "E 44.58' LW2 S 87a24'23"E 46.05' L 3 S873118E 91.22 L--4 S 88014'40"E 92.47' L--5 S 00002'29"E 189.40' L-6 S 24p03'58"E 98.89' C-7 N 67038'49"E 339.63' chord, 5679.58' radius L--8 S 20039'19"E 253.97' L--9 S 28°24' 14"E 259.93' L--10 S 60°'35'25"W 270.00' L--11 S 60d41'25"W 5.86' L-12 S 60002'31 "W 106.53' L--13 S 58008' 19"W 112.59' L-14 S 55"36'50"W 113.10, L--15 S 53033'26"W 106.47' L--16 S 52°53'35"W 452.63' L--17 S 52052'01 "W 666.33' L--18 N 04008' 39 "W 114.87' L--19 N 04009'45"W 83.02' L--20 N 04004'08"W 82.90' L--21 N 04°14'46"W 64.95' L--22 N 04° 14'46"W 84.95' L--23 N 04*14'46"W 15.00' L-24 N 04004'55"W 115.50' L•-25 N 04016'51 "W 99.32' L--26 N 0304735"W 10.13' L--27 N 04°17'40"W 71.36' L-28 N 03°41' 1 TV 14.05' L--29 N 03°58'44"iW 108.43' L-30 N 02°31'52"E 156.19' L-31 N 44°17'23"W 18.42' L--32 N 36049'04"W 13.60' L-33 N 20°39'01 "W 19.08' L-•-34 N 12050150"W 13,31' L--35 N 03033'48"W 31.87' L-36 N 00'019151 "E 19.07' L-37 N 02°39'50"E 556.05' L--38 S 86*27' 15"E 113.87* L-39 N 00°56'59"E 35.56' L--40 S 87008'45"E 350.47' L--41 S 87015'47"E 149.31' L-42 S 8701922"E 106.560 I EIP Fnd R/W Tax Parcel 16861 n/f ALVARADO HOLDINGS dt DELIA V. ALVARADO HOLDINGS, LLC DS 1727 0 PG 42 1334 E. Eleventh Street Sher City, N.C. 27344 icNUNE sH,W :. of 4 HEf:T 2 of t 1 1 /2" EIP Fnd Southeast Corner 1 of Tax Parcel 16852 NCGS Grid Coordinate N: 721,231.33808' 1 ! E: 1,867,651.61888' ! I R/W also r -- EP T 4 EP saw R/W Tax Parcel 16866 n/f Reid D. Marley & Janet T. Marley DS 548 0 PG 134 1328 E. Raleigh Street Siler City, N.C. 27344 TIE LINE CALL TABLE COURSE BEARING DISTANCE T`--1 N 52041'37"E 127.26' T-•-2 N 62°36'57"E 172.58' T-3 N 61 °25'08"E 405.72' T--4 S 45046'25"E 194.14' REVISED BROWNFIELD ACREAGE TABLE SHEET 1 OF 4 TAX PARCEL 61441: 10.536 ACRES +/- TAX PARCEL 16852: 23.781 ACRES E. THIRD STREET R/W: 2.633 ACRES +/- TOTAL BROWNFIELD AREA (SHEET 1 OF 4): 36.95 ACRES (INCLUSIVE OF AREA IN E. THIRD STREET R/W) SHEET 2 OF 4 TAX PARCEL 16864: 34.033 ACRES (INCLUSIVE OF AREA IN E. RALEIGH STREET) TOTAL BROWNFIELD AREA (SHEET 2 OF 4): 34.033 ACRES (INCLUSIVE OF AREA IN E. RALEIGH STREET) (AREA COMPUTATIONS BY COORDINATE GEOMETRY) BROWNFIELDS NOTES: 1. THE AREAS AND TYPES OF CONTAMINATION DEPICTED HEREON ARE APPROXIMATIONS DERIVED FROM THE BEST AVAILABLE INFORMATION AT THE TiME OF THE FILING. A LISTING OF THE TECHNICAL REPORTS USED TO PREPARE THIS PLAT ARE AVAILABLE IN THE BROWNFIELDS AGREEMENT FOR THIS PROPERTY. SILER CIN/CHATHAM COUNTY, NORTH CAROLINA EXHIBIT B to the Notice of Brownfields Property - SURVEY PLAT REVISED 1101 E. THIRD STREET Tax Parcel 61441 1200 E. THIRD STREET(Tax Parcel 16852 UNADDRESSED PARCEL RALEIGH STRE (Tax Parcel 16864) TOWNSEND & ACME--McCRARY SiTE BF Project Number. 20060- 16--19 PLAT PREPARED FOR: PROSPECTIVE DEVELOPER AND PROPERTY OWNER: MOUNTAIRE FARMS INC, 29292 John J. Williams Highway Millsboro, DE 19966 SCALE TOWNSHIP COUNTY STATE GATE 1" 140' Matthews Chatham North Carolina 7--14--2016 Stone Land Surveying Company JOBS No. SUED. Business Firm Certificate Humber: C--1704 8516 -� BFR---1 P H, CY, GM George Robert stoma, PLSL-�31$2 MAPMAPPED: No. 113 Drum Lane (336) 998--4733 8516--BFR- GRS Mocksviile, N.C. 27028 SHEET 1 OF 4 I, George Roberti Stoirse, certify that this plot! was drawn under my' caper v i s i do from an actual survey made under my s uperr v i s Ion ( deed dies cr lot Ion r oc*,r dad !in Rook .....I.._.�.,. �P"agei ,..,... ...,.�. , e'te.) o ther') t1 hat the boundar Its not surveyed or* clear ly Indleated as drawn from inforrna!tIon found In Took , Page -. -_-- t'hot this ratio of procisIon' as caiculate+d Is 1/10,000; thrat this plot was pro -paired in accordonico with G.S. 47-30 as omon'ded. Witness my original s i gno tur e, r og i s t r at lion number and seal t h Is ... day of .. ,Septl� nber A, D. 2019 6 e a I or S t o irip George ge R. Stone Surveyor * 'DO $29 a PG 959 L 31162 * IDO 1244 4 PG 664 .._ * Ps 11 O PG 8o �r*• •�, / ,Reg i s tr o t i on l�uftor F' , S C. *,' ''' 32 0 PG 90 ' .• C5 * 'PS 2000 0 PG 164 f * ?PS 2020 a PG 113 • SEAL • G� r. L.­3162 Plot Revision: 2-17-2020 ' ., �0►;• "�' 1. Recombination Surrey `. 3 .•' Plot Revision: 5-w-19--2020 G� • •. ! � �• !' 1. Recombination Survey 'POB Plot Revision): 9-22�-2.021 1. BrownfieldProperty Revisions: Smith Parcel' Addition Plat Revision: 9-22�-2021 1, Brownfield Property Revisions: Smith Parcel Addition 1. George lkob+ert Stone, Professional land Surveyor, L-3162, certify to4 one of the following as indioated'' thus, 191orEr a. That !this plat is of a survey that cretsties a subdivision of land within 0 tk& awa of a county or muuni6lpality that has an ordinance that regulates parcels of land; b. That this plat is of a ,survey that Is located in such portion of a LJ county or municipality, that is unrreguiated at to an ordinance that regulate* parcels of lard; ,e c. That this plot Is of a survey of an existing parcel or parcels of lomd; I -"t d. That this plat Is of a surrey of another category, such as the U recombination of exivOng parcels, a court-ordsrod survey or pother exception to the definition of subdivision e. That the infor hattion available! to this surveyor is such that i am unable to make a determination to the best of my professional) ability as to !provisions contained In (q) through (d) above. George R. Stone, PLS Professional Land 5urverrt. L-3162 CERTIFICATE OF GLOBAL POSITIONING SURVEYS 10 George R. Stone, PLS, certify that the site control (grid tine only.) shown hereon was established under my' supervision from an actual GPS survey made under my supervision and the following information was, used to perform the GP6 survey: 1. Class of Survey: Class A 2. Positioni Accuracy: Does Not Exceed 0.10' 3. Type of GPS Field Procedure: RU-Network VRS 4. Date of Survey: September 25, 2019 5. Dat►um/Epodh: NAD 83 (NSRS 2011) 6. Published/I+ixed Control: NCGS Network VRS 7. Geoid (Model: GEOID12B S. Combined Faactor: 01.99988443 9. Units: U.S. Survey Foat Witness my hand and off iicial seal lw this • 25th d�cy of �......:oct',....� 2019 George R. Stone, PLS (L-•3162) CERTIFICATE OF PLAT BEING EXEMPT FROM THE SUSDIV'ISION ORDINANCE I hereby certify ,that the subdivisionli pilot shown hereon is exempt from the The Town of Sher City Subdivision Regulations by definition. The subject Iot(s) do not meet the requirements of they Town Zoning Ordinance. The plat has been approved for recording in the Office of the Chatham �Q CountY Register ister of Deeds. Date Planning Director 410 REVIEW! OFFICER'S CERTIFICATE STATE OF NORTH CAR LINA, COUNTY OF CHATHAM I, Review Officer of Chatham County certify that the reap for plot to which this certification is affixed meets all statutory requirements for recording. 000/ Reviews officer. Dote'' QJ PRELIMiNARY NOT FOR RECORDATION11, DEEDS, OR BUILDING fax Parcae 16862 ✓ n/f David Korlarzodeh ✓ 08 1614 O PG 613 / PS 96 • PG 409 I bra / v w' Tax! Parcel 16999 n/f CARDINAL CHASE DMOPMEW; LLC D8 11082 0 PG 937 PS 2004 Ol PG 252, Parcel A IRS SS-10 0 AOC- 1 SEa L fi Old P/L W/4" EIP Fnd 3 "4" EIP Fred 0 AOC-la E1p d Southv es#. Comer �r ;of 'Tax Porcel� 16852 N CGS Grid Coordinrate 10-81800* \ E: 1086691IN: 720,iE 52.196a0' 4,r C), 0, 0, Cold P/L •,�'�. � aTax P � 0 ;' / d'' ']' n/f MOUNTAIRE FARMS, INC. r r -- - - ,., -�, a ` 1040 E. THIRD STREET *.1 ' ,, ,per r r ob� SILER CITE', N.C. 27344 23.781 Acres -/- Q 01 -a' Shad < �►, Tax Parcel 16865 f "r ,n/f Gary L. Smith Pip Sarah S. smith TRACT 2 , Old 'IMeII +cy � AOC-2a Up PB 2020 0 PG 113, House •- { Permanent Dralnags 'ao" w -- Eosement * ,•� Saar° 1 -0 w � � ,. c► Reference:DB 1938 PG 1087.0,o N_ 0� �,,+,, �l � x NO 40 do r n a' e B , deg � eK �o �$ � ` � •' dP#X �a 5 Ga`` , eO 1 % Annuat Chance (AE) Food Zone �.�' � � °�' See � ease r� 2 Wide Private Server Easement, FIRM Map Number 3T10876100K � �� r g, � 4 PG 52 Date: 11-17--201 ? ,� � o, Reference PS 204 � 2 0 3/4" EIP .✓�'" 5�1+ + �, ' `,,nd Fnd 0-1 �' � ' 8 9 e e $ '-A Ss r� ,e c .'1 ore , ✓ . � �► fe 8uf fee F $ ,�,`'-� 2 C '' t;v►e C�'��` / ,' '1. Pr a fir,;►; / ` �t'e' e etc y G tr SS c�. 400 t* o ✓ F eK ,� Y` see o 'F ,' -,• 8 e� SS-7 Ole i' ✓ .0e 0 3/4", EIP 410 BMP- 3 A Sent/Fnd...0 C2 .00 .00.... ... ..i. yr / ... Tax Parcel 16999 AOC-2 DOWN o- ,- •ve Buffer yam'.- ,,me µ �e �' �"'� �. n/f CARDINAL. CHASE DEVELOPMENT, LLC ,, � de �, �egetoti F �''�� +D• PP � � � o � � 08 1082 40 PG 937 1 y''�''� j PS 2044 a PG 252, Parcel A r ,i.- ,1 NOTES: 1. Granted: Mountaire Fa{rm% Inc. dba Mount+aire Farms of North Carolinc Corp. 2. Bearing Reference: NAD '83(2011 3. All Distances: Slhown are Measured lHorizontol Ground Distance 4. Area Computations by Coordinate Geometry, 5. Current, Parcel Zoning,. - Tax Parcel 1 64: H--rC, L--1, R--10 Tax Parcel 16S65: H--C Tax Parcet 67041: H-C, R--10 Tax Parcel 67042.- H-C 6. Deed & Plat References: D8 $29 PG 959 DS 11244 PG 684 PS 11 PGA So PS 32 PG1 90 PS 2000 PG 164 PS 2020 PG 113 NAD 813(2011) 0 0 0 House I o f MOUNTAIRE FARMS, iNC. �'' 0� F B ` SS 21 SS-2 UNADDRESSED PARCEL E. RALEIGH STREET r�� to � o L ..., c. _ a SILER CITY, N.C. 27344p �' 0, i m 1 d SS--9 SS--14 34.033 ACres -�- 'Qmob t ,?0, .��(Inclusivet010 # `ofA ea in S.R. 21C3 R W v CaA 4 SS--20 _ ` �0. 49 � w i see '• L �° � . � 55N► a, 0to vQN sp, s `` e � '7 SS 13 Un , IX Annual Chance (AIE) Flood Zone, Ss--15 F0 / Ole FIRM MAP Number 3710876100K ..,a a e Q Effective Date: 11 - 1 T--2o 11? � � ���,� � a �� e^ C CA2p,PSS E.4SEMENx -m SSMH See 0 BMP-2 Cp 0 SSMH ........_ �- ......._.... �_� EQ$e1�tent' s ca1i1 TQbfe2 S Tax Parcel 614486 > /f EVERGREEN MOBILE HOME ESTATE, INC. EBB 131Z 0 PG 728 Planted StonMe: I WFnd Axle Fnd Ty-10 T�9 �..' X _ 0 3 4"' EIP L-57 R -' Right -of -Way LEGEND FC �-- Face of Curb / � 1 , 9 , Y Bent/Fnd EIP w- 1�xisvng iron Pipe EIR - Existing iron Reebar BoC _ 00tK of Curb PP Power Pole p -. post LP - Light Pole CM - Concrete Monument MH - Man Hole IRS - Iron Rebtar Set CH -• Chord Distance P/L - Property Line P/0 -- Part of C/A -- Controlled Access DB - Deed Book CP -•- Concrete Pipe P8 - Prat Book CMP - Corrugated Metal Pipe RB - Record Book CPP . Corrugated Plastic Pipe PG --• Pages -F-- 100 Year Flood Boundary CS - Catch %sin -0- Overhead Utilities -S- Sewer Line -X-- Fence WIN -- Water Meter Fnd -- Found WV -W Water 'halve n/f -- Now or Formerly BM Bench Mark NMP - Nonrronurmented Point TBM - Temporary Bench Mark CL -- Center Line RAS -- Rail Road Spike EP - Edge of Pavement CTV -- Cablie Television Pedestal TP - Telephone Pedestal ETB -•- Electric Transformer Box -W- Water Lirve CO - Sanitary Sewer Clean Out Brownfield Boundary Line TMW - Temporary Monitor V ell SW - Surface Water Sample --------�-•-� Internol Property line R/'W 1!in* SED - surface Sediment Sa'rnple - --- S - Sarritary Sewer Line RA - Hanel Auger MW - Monitor Well ----- ST- Stearm Drain _ . _ W Water Line se - Soil 806hg WSW - Widtar Supply Well MNF-- MAG-Nail Found CS - Gonfirtnotion Soli Sompie MNS - MAO--Niail Set SS--4 SS-14 NOTE:! Gea- 1 (GW) SS-2 SS--15 Scii samples from locations AOC- 1 a SS-7 SS--20 SS---12. SS--13, SS-14 and SS--15 AOC-2 Up SS-8 SS~-22 were composited together for AOC-3 SS1_9 SS-21 chemiccii analysis and soil amp-1 SS--10 AOC--1 samples from liocations SS-20, BMP-2 SS- 12 AOC-2ci Up SS-21 and SS--22 were BMP--3* oornposted together for 100 0 1100 2001 300 chemlcal� anro is and nomeiEd sample SS-2 :22, GRAPHIC SCALE FEET 1 " EIP- Bent/Fnd PROPERTY LINE CALL TABLE COURSE BEARING DISTANCE L-43 N 38*27'30"W 29.293 L-44 N 52052'30"E 241.25" L-45 N 52*46" 10"E 477.15' L--46 N 53026" 1 WE 105.45' L---47 N 55043'02"E 112.06' L--48 N 58002'53"E 111,50* L-µ49 N 60'006'31 "E 1 d5.87' L-50 N 60'028' 18 "E 54.67' L-5t S 87*38' 15"E 190.57* L--52 S 87032'28"E 160.62* L-53 S 00639"02"W 288.80* L-54 S 000''39P45"W 288.90' L--55 S 004'39P30"W 316.22' L--56 S 00039"50'V 349.92' L-y57 S 000'381*21 "'W 496.23' L-58 N 890'42"02" W 462,90' L--59 N 89*43�38"W 179.69' COURSE BEARING DISTANCE L-60 N 89°4229"W 179.75' L-- 61 N 0202414" E 191.19, L-+-62 N o2'°31''18f'E 219.75' L---63 IN 38036'37#1W 231.78' L-- 64 N 38427'30"'W 101.411, L-65 N 51 *32'30"E 301.66" L-66 N 3 *06''15!'W 449.82" L-r-67 S 52048'42"W 15 ,06' L-68 S 52048"42" W 162.31' L-69 S 38027"34"E 262.13' L---70 S 38*27'30"E 194.49' 3/4" EiP Fnd LL-56 WO.- Tax 'Parcel 78699 n/f N.C. Department of Transportation (State Highway Commission) DB HMi PG 2 DB IG PG 34 TIE LINE CALL TABLE COURSE" BEARING' DISTANCE T-111403' N 61 °25'08"'E 405.72' T-4f S 45*46'25"W 195.14' T-5i N 52°484.1 "E 3 O2' T-61 S 62040'00"W 504.469 T-7 S 59021'38"'W 366.30" T81 S 00*39'24"W 199.87' T1- 9' N 81 053'59"W 2.18' ' T-10 6.33' T- 11 N 54°30'36"'E 254.209 Shed 3/4" EiP Fnd w 3/4" EIP sent/Fnd EASEMENT CALL TABLE # 1 30" WIDE SANITARY SEWER EASEMENT COURSE BEARING DISTANCE TE- 1 N 52053"02"E 312.239 Tie :Line A toi B E-2 N 530`11 "20"'E 30.95" �- E3 S 22'°36**44" E 201.7r5' E---4 'S 66°58'24"W 30.00" E-5 N 22°36'48"W 194.38' L. 5� Soy 1 Fro o<oa '� Qc��� ;4p b Tax Parcel 16866 Lon I n/f D. Reld Marley L do Janet T. Marley � DO 548 9 PG 13 .� S s MM,111C%r"M nMh1AJAIC0IC"I n A1"%0rAn_C' TA01 C SHEET 1 OF 4 TAX PARCEL 61441: 110.536 ACRES + '-- TAX PARCEL 18852: 23.78' 1 ACRES +/-- E. THIRD STREET R/ W 2.633 ACRES +/-- TOTAL BROWNFIELD AREA (SHEET 1 OF 4): 36.950 ACRES (INCLUSIVE OF AREA IN E. THIRD STREET R/W) SHEET 2 OF 4 TAX PARCEL 16864: 34.033 ACRES + (INCLUSIVE OF AREA IN E, RALEIGH STREET R/'W} TOTAL BROWNFIELD AREA (SHEET 2 OF 4): 34.033 ACRES +/ INCLUSIVE OF AREA IN E. RALEIGH STREET R/W) TOTAL REVISED BROWNFIELD AREA: 70.982 ACRES +/� (INCLUSIVE OF AREA iN E. THIRD STREET R/W) (INCLUSIVE OF AREA iN E. RALEIGH STREET R/W) (AREA COMPUTATIONS BY COORDINATE GEOMETRY) 58,e90 � 5ILER GITI'/CHATHAM COUNTY, NORTH CAROLIhiA 3/4" EIP Fnd w/Cap E',XHIBIT 4J to the Notice of Brownf*lelds Property -SURVEY PLAT REVISED EASEMM CALL TASLE #2 CENTERLINE' 20" WIDE SANITARY SEWER EASEMENT COURSE BEARING DISTANCE E--6 S 23*01136"E 192,18' Er--T S 22°44'56"'E 280.28' E-8 S 22"40'46"E 172.212 , E--9 S 18'°26'00"'E 234.65' ' E-10 S 1$°29035" E 263.55' E- 11 S 19'0 1 2'36"E 176.31' � 101 E--12 S 76018'09"E 486.28' E-13 S 08'028'23"W 443.06' E- 14 S 00024' 30"E 236.45' E-15 S 40016`23"W 560.34' 1100 E. THIRD STREET(Tax Parcel 61441 1040 E. THIRD STREET Tax Parcel 16852 UNADDRESSED PARCEL E. RALEIGH SIRE TAX PARCEL 16864) TOWNSEND & ACME--McCRARY SITE BF Project, Number-, 20060--16-19 PLAT PREPARED FOR: PROSPECTIVE DEVELOPERS: MOUNTAIRE FARMS INC. 29292 John L. Willdms Highway Millsboro, DE 19966 SCALE TOWNSHIP COUINW STATE DATE 1 " 100` Matthews Chatham North Carolina 9--�25--20119 Stone Land Surveying Company SURWYED: susllnees Firm Certificate Number; C-1704 JOB NO. 100 1 98F2 CY,G�M �e Robert Stone, PLS L. -3162 MAP No: MAPPED: 113 Drum Lone 133 998--4733 10019BF2 GRS Mocksvillte, N.C. 27028 SHEET 2 of 4 lo George Robert Stone., cor tff y that this plot was drawn under my supervision from on actual survey made under my supervision (deed description recorded In Book *, , Page _._.1....._ , etc. ) ( other )*, that the bounder Its not surveyed are clearly Indicated as drawn from Information found In Book that the ratio of precision as calculot*d is I/MOOO; that this plot was prepared in accordance with G.S. 47-30 as *nonded. Witness my original signatures registration number and seal t h 13 14th day of JU i A.D. 2016 Seal or Stamp George R. Stone 6 V 010fte,6*09 't O.OSS16 0#0 - • SEAL L-3162 0 sue k� )'pB� Surveyor L 3162 Registration Number See Sheet 1 of 4 * See Sheet 2 of 4 Plat Revisions; 9-26-2016 1. New Sanitary Sewer Outfall Line Easement Plat Revisions: 9-29-2016 0 1. Street R/W Dedication Plat Revisions: 9-30-2016 1. Brownfields Property - SURVEY PLAT Revisions Plat Revisions- 10-14-2016 1. Brownfield; Property - SURVEY PLAT Revisions Plat Revisions: 02-10-2017 1. Brownfields Property - SURVEY PLAT Revisions Addition of Tax Parcels 16770 & 16658 Plat Revisions: 05-13-2017 1. Brownfields Property Final Revisions Plat Revisions: 05-23-2017 1. Brownfields Property Final Revisions Plat Revisions: 07-17-2017 1. Brownfields Property Revisions-. Now Tax Parcel Numbers and Dead & Plat References Plat Revisions: 07-18-2017 1. Brownfields Property Revisions.- CS-1, CS-2 & CS-3 Data, and Revised "Director" title. Plat Revisions: 04-05-2021 & 07-12-2021 1. Brownfields Property Revisions: Smith Parcel Addition Plat Revisions: 10-29-2021 1. Brownfields. Property Revisions: Smith Parcel Addition Certificate of Global Positioning Systems Surveys 1, George R. Stone, certify that the site control (grid tie only) shown hereon was established under my supervision from on actual GPS survey made under my supervision and the following information was used to perform the GPS survey: 1) Glass of survey: Class A 2) Positional accuracy: does not exceed 0.10' 3) Type of GPS field procedure: RTK—Network VRS 4 Date of Survey: July 14, 2016 5 Dotum/Epoch: NAD 83 (NSRS 2011) 6 Published/Fixed control: NCGS Network VRS 7 Geoid model: GEOID12A 8 Combined Grid Factor: 0.99998695 91 Units; U.S. Survey Foot and that this map was prepared in accordance with the standards and practice for land surveying as outlined by the N.C. Administration Code "title 21, Chapter 56.1607. Witness my hand and official seal this 14th day of July, 2016 George R. Stone, PLS L-3162 Professional Land Surveyor License No. 1. George Robert Stone, Pmfosslonol Land Surveyor, L-3162, certify to one of the following at indicated thus. 0 or &r: 0. That this plat Is of a survey that creates a subdivision of land within the area of a county or municipality that has an ordinance that ropkftse poresl* of kind; be 7hot this plat to of a survey that to located In such portion of a county or municipality that is unregulated as to an ordinance that rogulartes parcel* of land; C. That this plat Is of a survey of an existing parcel or parcels of land; E] d. That this plat to of a survey of another category, such as the recombination of existing parcels. a court —ordered survey or other exception to the definition of subdivision; rwi e. That the Information available to this surveyor is such that I am .unable, to make a determination to the best of my professional obft as to previsions contained In (a) through (d) above. George R. Stone, PLS Professional Land Surve yor, L-3162 CERTIFICATE OF PLAT BEING EXEMPT FROM THE SUBDIVISION ORDINANCE I hereby certify that the subdivision plat shown hereon is exempt from the Town of Siler City Subdivision Regulations by definition. The subject lot(s) do not most the requirements of the Town Zoning Ordinance. The plat has been approved for recording in the Office of the Chatham County Register of Deeds. Date Planning Director RMEW OFFICER'S CERTIFICATE STATE OF NORTH CAROLINA, COUNTY OF CHATHAM Review Officer for Chatham County certify that the map or plat to which this certification is offixed meats all statutory requirements for recording. Review Officer, Date for the purpose of N.C.G.S. 130A-310.35 Michael E. Scott, Director Division of Waste Management State of North Carolina County of Wake Date 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 appropriatefuture use of for the designated current or 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 Chatham County Register of Deeds' off -ice. The exhibits to the Notice are: the Brownfields Agreement for the subject property, which is attached as Exhibit 1 A to the Notice; a reduced version of this survey plat, which is attached as Exhibit B to the Notice; and a legal description for the subject property, which is attached as Exhibit C to the Notice. The land use restrictions below have been excerpted verbatim from paragraph 15 of the Brownfields Agreement, and all 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-31035(e): a. No use may be made of the Brownfields Property other than for industrial, warehousing,, medical and health -related services for employees and their dependents, office, associated parking uses, and subject to DEQ's Prior written approval, other commercial uses. For purposes of this restriction, the following definitions apply: i. "Industrial" is defined as the assembly, fabrication, processing.., warehousing or distribution of goods or materials. For purposes of this agreement., it includes food production uses including poultry processing. ii. Warehousing" is defined as the use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport business 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. services" is defined as the provision of iii. "Medical and health care general wellness and health screenings, primary care, low level urgent care, and occupational health services. iv. "Office" is defined as a location used for the provision of business or professional services. V. "Parking" is defined as the temporary accommodation of motor vehicles in an area designed for same. vi. "Commercial" is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee. be Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an Environmental Management Plan ("EMP") approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation: i. soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports; ii. issues related to potential sources of contamination referenced in paragraph 8 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 of, and, as necessary, disposal of contaminated soils excavated during redevelopment. c. Within 90 days after each one-year anniversary of the effective date of this Agreement for as long as physical redevelopment of the Brownfields Property continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval on environment -related activities since the last report, with a summary and drawings, that describes.- 1. actions taken on the Brownfields Property in accordance with Section V: Work to be Performed above; ii. soil grading and cut and fill actions; iii. methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media; iv. stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected or confirmed to be contaminated with regulated substances; and v. removal of any contaminated soil, water or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all legally required manifests shall be included). LAND USE RESTRICTIONS d. Unless compliance with this Land Use Restriction is waived in writing in advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all buildings on the Brownfields Property depicted on the plat component of the Notice referenced in paragraph 20 below shall be in accordance with applicable legal requirements, including without limitation those related to lead and asbestos abatement that are administered by the Health Hazards Control Unit within the Division of Public Health of the North Carolina Department of Health and Human Services. e. Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ, except that: 1. the owner of the Brownfields Property shall retain access to the use of two existing onsite water supply wells (WSW-1 and WSW-3), and may install additional water supply wells at the Brownfields Property for industrial purposes only in accordance with applicable local and state regulations while fully protecting public health and the environment, and with a minimum of 10 days notice to the DEQ representative referenced in paragraph 3 5.a.; ii. existing and any new water supply wells shall be operated and maintained under the following provisions: 1. water supply wells shall be used for non -contact, cooling water uses only and shall not be used for potable or domestic use; 2. water supply wells shall be maintained in accordance with applicable local and state regulations; 3. waste purge water from any water supply well onsite and waste cooling water will be conveyed along with production water to an on -site pretreatment plant and discharged to the local POTW under an approved discharge permit; 4. the installation of new water supply wells shall be noticed at I least 10 days in advance to DEQ; and 5. water supply wells shall be tested periodically under a DEQ- approved plan and the results submitted to the DEQ representative referenced in paragraph 35.a. in accordance with a schedule agreed to by DEQ. fe Surface water at the Brownfields Property may not be used for any purpose, other than connection with legally compliant storm water collection and reuse techniques, oth in conn i without the prior written approval of DEQ. g. No activity that disturbs soil or sediment on the Brownfields Property as delineated on the plat component of the Notice of Brownfields Property referenced below in paragraph 20, may occur unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in subparagraph 15.a. above while fully protecting public health and the environment, except: i. in connection with landscape planting to depths not exceeding 24 inches; ii. mowing and pruning of above -ground vegetation; iii. for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair (if only by email) of any such repair, or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken; and. iv. in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined in subparagraph 15.b. he 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. 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 Chatham County land records, Book , Page " A copy of any such instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though financial figures related to the conveyance may be redacted to the extent said redactions comply with the confidentiality and trade secret provisions of the North Carolina Public Records Law. The owner conveying an interest may use the following mechanisms to comply with the obligations of this paragraph: (0 If every lease and rider is identical in form, the owner conveying an 'interest may provide DEQ with copies of a form lease or rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XV (Notice and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XV. j . None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in paragraph 8 of this Agreement and as modified by DEQ in writing if additional contaminants in excess of applicable standards are discovered at the Brownfields Property, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except: i. in de minimis quantities for cleaning and other routine housekeeping and maintenance activities; ii. in fluids in vehicles; and iii. as constituents of fuels, lubricants and oils in emergency generators; machinery, equipment and vehicles in on -board tanks integral to said equipment; or in flammable liquid storage containers totaling no more than 25 gal lons. k. Within 60 days after the effective date of this Agreement or prior to land disturbance activities, Prospective Developer shall abandon monitoring wells, injection wells, recovery wells, piezometers and other man-made points of groundwater access at the Brownfields Property, except MW-2, MW-7, WSW-1, and WSW-3, in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days after doing so, the Prospective Developer shall provide DEQ a report, setting forth the procedures and results. 1. The owner of any portion of the Brownfields Property where any existing., or subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors or its tenants shall be responsible for repair of any such wells to DEQ's written satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by DEQ in advance. me The industrial areas of the Brownfields Property consisting of the chicken processing plant at 1101 East Third Street (parcel ID 6144 1) and the former textile mill at 1200 East Third Street (parcel ID 16852), and the former Smith Property (parcel ID 16864) as demarcated on the plat component of the Notice of Brownfields Property required by paragraph 20 below, shall not be developed or utilized for residential purposes including but not limited to: primary or secondary residences (permanent or temporary), schools, daycare centers, nursing homes, playgrounds, parks, recreation area, and/or picnic areas, without prior approval of DEQ. n. During January of each year after the year in which the Notice referenced below in paragraph 20 is recorded, the owner of any part of the Brownfields Property as of January I st of that year shall submit a notarized Land Use Restrictions Update ("LUR.U") to DEQ, and to the chief public health and environmental officials of Chatham County, certifying that, as of said January 1 st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Chatham County Register of Deeds office and that the land use restrictions are being complied with, and stating: i. the name, mailing address, telephone and facsimile numbers, and contact person's e-mail address of the owner submitting the LURU if said owner acquired any part of the Brownfields Property during the previous calendar year; ii. the transferee's name, mailing address, telephone and facsimile numbers, and contact person's e-mail address, if said owner transferred any part of the Brownfields Property during the previous calendar year; and iii. whether any additional water supply wells have been installed pursuant to subparagraph 15.e., and including well installation report with a water supply well location map and installation log(s). SUR CJTY/CHATHAM COUNTY, NORTH CAROUNA EXHIBIT B to the Notice of Brownfields Property —SURVEY PLAT REVISED 1101 E. THIRD STREET (Tax Parcel 61441) 1040 E. THIRD STREET (Tax Parcel 16852) Unaddressed Parcel E. Raleigh Street (Tax Parcel 16864) TOWNSEND & ACME-McCRARY SITE BF Project Number: 20060-16-19 PLAT PREPARED FOR: PROSPECTIVE DEVELOPERS: MOUNTAIRE FARMS INC. 29292 John J. Williorris Highway Millsboro, DE 19966 Tax Parcel 61441 (PIN 8762-19-61-3516), 10.536 Acres +/-- Tax Parcel 16852 (PIN 8762-19-61-8014), 23.781 Acres + f -- Tax Parcel 16864 (PIN 8762-00-70-3299), 34.033 Acres +/�— Inclusive of Area in R.Raleigh Stree (S.R. 2103) R/W Area Computations by Coordinate Geometry SCALE TOWNSHIP COUNTY STATE DATE lit = 100' Matthews Chatham North Carolina 7-14-2016 SURVEYED: Business Land curveYing Campany J(* NO. PH,CY,GM Business Flrrn Ceftificate Number. C-1704 8516—BF3 MAPPED.- George Robert Stone, PLS L-3162 MAP NO. 113 Drum Lane (336) 998-4733 8516—BF3 GRS Mocksville, N.C. 27028 SHEET 3 OF 4 14 George Robert Stone, certify that this plot was drawn under my supervision from an actual survey inode under my supervision (dead description recorded In Book , I , Po 9 * * - , etc. ) ( other Y., that the boundar les not surveyed are clearly Indicated as drawn from Information found in 899k Page Lthat the ratio of precision as calculated is 1/10,000; that this plot was preparsd lit accordenoo with G.S. 47-30 as amended. Witness my original signature, registration number and seal this-14th- day of July � o A.D. 2016-8 _S eAa I sir S-tamp -George R. Stone C A tsSWee 0 koo SEAL L-3162 LAJ 7 0 0'0'� '0 0: o 00 0 E 3 Surveyor - L 3 162 * See Sheet 1 of 4 Registration Number * See Sheet 2 of 4 Plot Revisions-, 9-26-2016 1. New Sanitary Sewer Outfoll Line Easement Plat Revisions: 9-29-2016 1. Street R/W Dedication Plot Revisions: 9-30-2016 1. Brownfields Property - SURVEY PLAT Revisions Plot Revisions: 10-14-2016 1. Brownfields Property - SURVEY PLAT Revisions Plot Revisions: 02-10-2017 1. Brownfields Property - SURVEY PLAT Revisions Addition of Tax Parcels 16770 & 16658 Plot Revisions: 05-13-2017 1. Brownfields Property Final Revisions Plot Revisions: 05-23-2017 1. Brownfields Property Final Revisions Plot Revisions-, 07-17-2017 1. Brownfields Property Revisions: New Tax Parcel Numbers and Deed & Plot References Plot Revisions- 07-18-2017 1. Brownfield; Property Revisions'. CS-1, CS-2 -& CS-3 Data, and Revised "Director" title. Plot Revisions: 64-05-2021 & 07-12-2021 1. Brownfields Property Revisions: Smith Parcel Addition Plot Revisions: 10-29-2021 1. Brownfields Property Revisions: Smith Parcel Addition Certificate of Global Positioning Systems Surveys 1, George R. Stone, certify that the site control (grid tie only) shown hereon was established under my supervision from on actual GPS survey mode under my supervision and the following information was used to perform the GPS survey.- 1) Clals of survey: Class A 2 Positional accuracy: does not exceed 0.10' 3 Type of GPS field procedure: RTK-Network VRS 4 Date of Survey: July 14, 2016 5 Datum/Epoch: NAD 83 (NSRS 2011) 6 Published/Fixed control: NCGS Network VRS 7 Geoid model: GE01012A 8 Combined Grid Factor: 0.99998695 91 Units-, U.S. Survey Foot and that this map was prepared in accordance with the standards and practice for land surveying as outlined by the N.C. Administration Code Title 21, Chapter 56.1607. Witness my hand and official seal this 14th day of July, 2016 George R. Stone, PLS L-3162 Professional Land Surveyor License No. 1, 0"s Robed Stone, Professional Land Surveyor. L-3162, codify to one of the following as indicated thus, ER or E?,: 0. That this plot Is of a survey that creates a subdivision of land within the area of a county or municipality that has on, ordinance that regulate* parcels of land; b. That this plot is of a survey that to located In such portion of a county or municipality that is unregulated as to an ordinance that regulate* parcels of taryd; C. That this plot Is of a survey of an existing parcel or parcels of land; C] d. That this plat is of a survey of another category, such as the recombination of existing parcels, a court -ordered survey or other exception to the definition of subdivision; e. That the Information available to this surveyor In such that I am unable to make a determination to the best of my professional ability as to provisions contained in (a) through (d) above. George R. Stone, PLS Professional Land Surveyor, L-3162 CERTIFICATE OF PLAT BEING EXEMPT FROM THE SUBDIVISION ORDINANCE I hereby certify that the subdivision plot shown hereon is exempt from the Town of Siler City Subdivision Regulations by definition. The subject lot(s) do not meet the requirements of the Town Zoning Ordinance. The plot has been approved for recording in the Office of the Chatham County Register of Deeds. Date Planning Director REVIEW OFFICER'S CERTIFICATE STATE OF NORTH CAR004A, COUNTY OF CHATHAM is - - Review Officer for Chatham County certify that the map or plot to which this certification is affixed meets all statutory requirements for recording. Review Officer, Date GROUNDWATER CONTAMINANTS, SOIL CONTAMINANTS, SEDIMENT SAMPLE COMTAMINANTS, SEDIMENT SAMPLE CONTAMIANTS & SURFACE WATER CONTAMINATS a. 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): Groundwater Contaminant Sample Location Date of Sampling Concentration (µg/L) Standard (µg/L) Benzene MW-2 10/12/2016 1.86 1 Chloromethane MW-2 10/12/2016 4.72 3 1,2-dichloroethane DDMW-3 7/7/2016 1.30 0.4 Methyl tert-butyl ether MW-1 5/20/2016 608 20 TMW-3 6/7/2016 230 TMW-9 6/9/2016 112 TMW- 11 3/24/2017 878 TMW-13 3/24/2017 192 Tetrachloroethene WSW-2 08/24/2016 17.5 0.7 WSW-3 8/24/2016 4.66 Smith Property - Subiect of Amended Rrownfieldq Agreement - Groundwater Contaminant Sample Location Date of Sampling Concentration (µg/L) Standard (µg/L) 1, 1 -Dichloroethene GEO-1 9/19/2019 15 350/7' Meth yl-tert-butyl-ether GEO-1 9/19/2019 140 20 Pentachlorophenol GEO-1 9/19/2019 7.OJ 0.3 'NC 2L groundwater standard is 7 gg/L when a private water well or public water system is impacted; no water supply wells are located on this part of the Brownfields Property. J - the reported value is between the laboratory method detection limit and the laboratory method reporting limit. b. Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the screening levels for which are derived from the Preliminary Industrial Health -Based Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (January 2021 version): Soil Contaminant Sample Depth of Date of Concentration Above Screening Industrial Screening Location Sample (ft) Sampling Level'(mg Level (mg/kg) /kg) SO-1 1-2 9/20/2016 3.2 S13-2 1-2 9/20/2016 4.94 SB-3 1-2 9/20/2016 3.36 SB-3 Du p 1-2 9/20/2016 3.03 SB-5 1-2 9/20/2016 6.82 SB-6 1-2 9/20/2016 4.92 SB-8 6-7 9/22/2016 3.25 SB-8 Du p 1 6-7 9/22/2016 1 3.6 Arsenic 2 SB-8 9-10 9/22/2016 4.07 -SB-9 1-2 9/22/2016 4.01 3.0 SB-10 1-2 9/22/2016 7.24 SB-10 2-3 9/22/2016 4.55 HA-1 1-2 9/23/2016 3.04 HA-2 1 9/23/2016 3.92 HA-2 Du 1 9/23/2016 3.54 CS-1 0-0.5 6/22/2017 3.01 CS-2 0-0.5 6/22/2017 3.14 CS-3 0-0.5 6/22/2017 7.10 Polychlorinated Biphenyls High Risk ( as Total Non -dioxin HA-3' 0-0.5 9/23/2016 0.009025 0.95 like) Polychlorinated (12 Dioxin- HA-3 0-0.5 9/23/2016 0.000665 Congener - like like congeners) specific P-1soDropyltoluene S-9A 0-4 5/20/2016 0.497 NS4 Phenanthrene S-9A 0-4 5/20/2016 5.83 NS C9-C 18 Aliphatics medium () S-9A 0-4 5/20/2016 2,9149 93 C9-C22 Aromatics medium to.-hig4) (.- I S-9A 0-4 5/20/2016 11670.8 120 aLa-cciiiiig iuveis uispiayeu ior non -carcinogens are for a tiazarct quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. 2The generic non-residential use preliminary remediation goal for arsenic is 3.0 mg/kg. However, the concentrations of arsenic detected in site soil range from 3.03 mg/kg to 7.24 mg/kg, within typical background concentrations observed in North Carolina soil, and within certain site -specific residential use criteria for arsenic. 3Sample HA-3 is a composite sample comprised of four sub -samples, the locations of which are provided on the Brownfields Survey Plat, Exhibit B to the Notice of Brownfields Property. 'NS - No standard established for this compound. &rnith Prnnertv -&iihieot of Amended Brown-Fieldo, A-areement: Soil Contaminant Sample Location Date of Sampling Concentration Above Screening Level (mg/kg) Industrial Screening Level '(mg/kg) ArseniC2 AOC-la 12/18/2020 4.8 3.0 AOC-2a Up 12/18/2020 5.9 AOC-3 12/18/2020 8.3 BMP-1 12/22/2020 3.5 BMP-2 12/22/2020 4.7 BMP-3 Dup 12/22/2020 3.6 SS-2 12/22/2020 3.2 SS-4 12/22/2020 4.2 SS-7 12/18/2020 5.2 SS-8 12/18/2020 4.5 SS-9 12/18/2020 4.0 SS-10 12/18/2020 3.7 SS-12-15 12/18/2020 3.2 SS-20-22 12/18/2020 3.3 'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a LOE-6 lifetime incremental cancer risk. 2The generic non-residential use preliminary remediation goal for arsenic is 3.0 mg/kg. However, the concentrations of arsenic detected in site soil range from 3.03 mg/kg to 8.3 mg/kg, within typical background concentrations observed in North Carolina soil, and within certain site -specific residential use criteria for arsenic. c. Sediment sample contaminants in milligrams per kilogram, the screening levels for which are derived from the Preliminary Industrial Health -Based Soil Remediation Goals (PSRGs) of the Inactive Hazardous Sites Branch of DEQ's Su erfund Section (January 2021 version): Concentration Sediment Contaminant Sample Location Date of Sampling Above Screening Level Industrial Screening Level 1 (mg/kg) (mg/kg) Arsenic SED-1 9/23/2016 4.72 3.0 SED-2 9/23/2016 3.93 Benzo(g,h,i)perylene SED-1 9/23/2016 0.0674 N53 SED-2 9/23/2016 0.0491 Phenanthrene SED-1 1 9/23/2016 1 0.0837 NS SED-2 9/23/2016 0.0752 1C;V1z1N UlNplilyuu for non -carcinogens are ior a tiazarct quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E -6 lifetime incremental cancer risk. 2The generic non-residential use preliminary remediation goal for arsenic is 3.0 mg/kg. However, the concentrations of arsenic detected in site sediment range from 3.93 mg/kg to 4.72 mg/kg, within the range of site -specific soil samples, typical background concentrations observed in North Carolina soil, and within certain site -specific residential use criteria for arsenic. 3 NS - No standard established for this compound. Smith Property - Si ]hi evt of Ampn d PA Tlrn-,xm ri Al A c! A Concentration Sediment Contaminant Sample Location Date of Sampling Above Screening Level l Industriang Screening CP (mg)g/k Level (mg/kg) ' 4-Isopropyltoluene AOC-1 SED 9/19/2019 0.0023 NS2 Benzo(g,h,i)perylene AOC-2 UP SED 9/19/2019 0.36JD NS Phenanthrene AOC-2UP SED 9/19/2019 0.47JD NS AOC-1 SED 9/19/2019 0.60JD k3%'Ilulu11116 lc;vlul"s ui�Piayuu for non -carcinogens are ior a nazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E -6 lifetime incremental cancer risk. 2 NS - No screening level established J - The reported value is between the laboratory method detection limit and the laboratory method reporting limit. D - The sample was analyzed at dilution. d. Surface water contaminants in micrograms per liter, the standards for which are derived from the North Carolina 15A NCAC 02B Water Quality Standards for Surface Waters (June 2019 version): Surface Water Sample Date of Concentration Standard Contaminant Location Sampling (µg/L) (µg/L) Meth yl-tert-butyl -ether AOC-1 SW 9/19/2019 0.47J' NS2 Bromodichloromethane AOC-2 UP 9/19/2019 0.87J 0.55' SW Pentachlorophenol AOC-2 9/19/2019 6.9J i.o4 Down SW -i - me reported vaiue is between the laboratory method detection limit and the laboratory method reporting limit. 2NS - No surface water standard or other water quality criteria established 3NC In -Stream Target Values for Surface Waters (June 2019 version) 4NC 2B standard for chlorinated phenols SUR C)TY/CHATHAM COUNTY, NORTH CAROUNA EXHIBIT B to the Notice of Brownfields Property - SURVEY PLAT REVISED 1101 E. THIRD STREET (Tax Parcel 61441) 1040 E. THIRD STREET (Tax Parcel 16852) Unaddressed Parcel E. Raleigh Street (Tax Parcel 16864) TOWNSEND & ACME-McCRARY SITE BF Project Number: 20060-16-19 PLAT PREPARED FOR: PROSPECTIVE DEVELOPERS: MOUNTAIRE FARMS INC. 29292 John J. Williams Highway Millsboro, DE 19966 Tax Parcel 61441 (PIN 8762-19-61-3516), 10.536 Acres +/�- Tax Parcel 16852 PIN 8762-19-61-8014 23,781 Acres +/-- Tax Parcel 16864 PIN 8762-00-70-3299 34.033 Acres +/-- Inclusive of Area in R.Raleigh Stree (S.R. 2103) R/W Area Computations by Coordinate Geometry SCALE TOWNSHIP COUNTY STATE DATE 1 100' Matthews Chatham North Corolina 7-14-2016 SURVEYED- Stone Land Serveying Company JOB NO. PH CYGM Business Certificate Number: C-1704 8516-BFR-3 MAPPED: George Robert Stone,, PLS L-3162 MAP NO. 113 Drum Lone (336) 998-4733 8516-BFR-3 GRS Mocksville, N.C. 27028 SHEET 4 OF 4 EXHIBIT C LEGAL DESCRIPTION BROWNFIELD TRACT 1 BEGINNING AT a'/2" EXISTING IRON PIPE LOCATED IN THE NORTHERN PROPERTY LINE OF TAX PARCEL 61441, THENCE FOLLOWING THE SOUTHERN R/W OF E. ELEVENTH STREET S 87 DEG 06 MIN 59 SEC E 44.58' TO A "MAG-NAIL" SET IN CONCRETE CURB BEING A CORNER IN THE NORTHERN PROPERTY LINE OF TAX PARCEL 61441; THENCE FOLLOWING THE SOUTHERN R/W OF E. THIRD STREET S 87 DEG 24 MIN 23 SEC E 46.05' TO A "MAG-NAIL" SET IN A CONCRETE CURB LOCATED IN THE NORTHERN PROPERTY LINE OF TAX PARCEL 61441; THENCE FOLLOWING THE NORTHERN R/W OF E. THIRD STREET S 87 DEG 31 MIN 18 SEC E 91.22' TO A "MAG-NAIL" FOUND IN AN ASPHALT DRIVE/PARKING LOT BEING LOCATED IN THE NORTHERN PROPERTY LINE OF TAX PARCEL 61441; THENCE FOLLOWING THE SOUTHERN R/W OF E. ELEVENTH STREET S 88 DEG 14 MIN 40 SEC E 92.47' TO AN EXISTING BOLT FOUND IN AN EXISTING ASPHALT DRIVE/PARKING LOT, BEING THE NORTHWEST CORNER OF TAX PARCEL 16596 AND THE NORTHEAST CORNER OF TAX PARCEL 61441; THENCE WITH THE EASTERN PROPERTY LINE OF TAX PARCEL 61441 S 00 DEG 02 MIN 29 SEC E 189.40' TO A 3/4" EXISTING IRON PIPE FOUND IN THE NORTHERN R/W OF E. THIRD STREET, BEING THE SOUTHWEST CORNER OF TAX PARCEL 16596 AND THE SOUTHEAST CORNER OF TAX PARCEL 61441; THENCE CROSSING E. THIRD STREET S 24 DEG 03 MIN 58 SEC E 98.89' TO A POINT LOCATED IN THE SOUTHERN R/W OF E. THIRD STREET, BEING A POINT LOCATED IN THE NORTHERN PROPERTY LINE OF TAX PARCEL 16852; THENCE FOLLOWING THE SOUTHERN R/W OF E. THIRD STREET ON A CURVE TO THE RIGHT HAVING A RADIUS OF 5679.58' WITH A CHORD BEARING OF N 67 DEG 38 MIN 49 SEC E AND A CHORD DISTANCE OF 339.63' TO A11/2" EXISTING IRON PIPE BEING THE NORTHWEST CORNER OF TAX PARCEL 16861 AND THE NORTHEAST CORNER OF TAX PARCEL 16852, BEING LOCATED IN THE SOUTHERN R/W OF E. THIRD STREET; THENCE WITH THE EASTERN PROPERTY LINE OF TAX LOT 16852 S 20 DEG 39 MIN 19 SEC E 253.97' TO A'/2" EXISTING IRON PIPE LOCATED IN THE EASTERN PROPERTY LINE OF TAX PARCEL 16852; THENCE S 28 DEG 24 MIN 14 SEC E 259.93' TO A11/2" EXISTING IRON PIPE BEING THE SOUTHWEST CORNER OF TAX PARCEL 16861 AND THE SOUTHEAST CORNER OF TAX PARCEL 16852 BEING LOCATED IN THE NORTHERN R/W OF E. RALEIGH STREET (S.R. 2103); THENCE FOLLOWING THE NORTHERN PROPERTY LINE OF E. RALEIGH STREET (S.R. 2103) BEING THE SOUTHERN PROPERTY LINE OF TAX PARCEL 16852 THE NEXT SEVEN (7) CALLS: 1) S 60 DEG 35 MIN 25 SEC W 270.00' TO A'/2 REBAR SET; THENCE 2) S 60 DEG 41 MIN 25 SEC W 5.86' TO A 11/2" REBAR SET; THENCE 3) S 60 DEG 02 MIN 31 SEC W 106.53' TO A'/2" REBAR SET; THENCE 4) S 58 DEG 08 MIN 19 SEC W 112.59' TO A'/2" REBAR SET; THENCE 5) S 55 DEG 36 MIN 50 SEC W 113.10' TO A'/2" REBAR SET; THENCE 6) S 53 DEG 33 MIN 26 SEC W 106.47' TO A'/2" REBAR SET; THENCE 7) S 52 DEG 53 MIN 35 SEC W 452.63' TO A 2" EXISTING IRON PIPE BEING THE SOUTHERN PROPERTY LINE OF TAX PARCEL 16852; THENCE FOLLOWING THE NORTHERN R/W OF E. RALEIGH STREET (S.R. 2103) AND THE SOUTHERN PROPERTY LINE OF TAX PARCEL 16852 S 52 DEG 52 MIN O1 SEC W 666.33' TO A 3/4" EXISTING IRON PIPE BEING THE SOUTHEAST CORNER OF TAX PARCEL 16860 AND THE SOUTHWEST CORNER OF TAX PARCEL 16852; THENCE WITH THE WESTERN PROPERTY LINE TAX PARCEL 16852 N 04 DEG 08 MIN 39 SEC W 114.87' TO A 3/4" EXISTING IRON PIPE BEING THE NORTHEAST CORNER OF TAX PARCEL 16860 AND THE SOUTHEAST PROPERTY CORNER 16858; THENCE FOLLOWING THE WESTERN PROPERTY LINE OF TAX PARCEL 16852 N 04 DEG 09 MIN 45 SEC W 83.02' TO A 3/4" EXISTING IRON PIPE BEING THE NORTHEAST CORNER OF THE TAX PARCEL 16858 AND THE SOUTHEAST CORNER OF TAX PARCEL 16857; THENCE FOLLOWING THE WESTERN PROPERTY LINE OF TAX PARCEL 16852 N 04 DEG 04 MIN 08 SEC W 82.90' TO A 1 & 1/4" EXISTING IRON ROD BEING THE NORTHEAST CORNER OF TAX PARCEL 16857 AND THE SOUTHEAST CORNER OF TAX PARCEL 16851; THENCE FOLLOWING THE WESTERN PROPERTY LINE OF TAX PARCEL 16852 N 04 DEG 14 MIN 46 SEC W 64.95' TO A POINT BEING THE NORTHEAST CORNER OF TAX PARCEL 16851 AND THE SOUTHEAST CORNER OF TAX PARCEL 16849; THENCE FOLLOWING THE WESTERN PROPERTY LINE OF TAX PARCEL 16852 N 04 DEG 14 MIN 46 SEC W 84.95' TO A %2" REBAR SET BEING THE NORTHEAST CORNER OF TAX PARCEL 16849 AND THE SOUTHEAST CORNER OF A 15' RESERVED ALLEY, REFRENCE: GREEN VALLEY SUBDIVISION (PB 3 @ PG 17); THENCE FOLOOWING THE WESTERN PROPERTY LINE OF TAX PARCEL 16852 N 04 DEG 14 MIN 46 SEC W 15.00' TO A 1" EXISTING IRON PIPE BEING THE NORTHEAST CORNER OF A 15' RESERVED ALLEY, REFRENCE: GREEN VALLEY SUBDIVISION (PB 3 @ PG 17) AND THE SOUTHEAST CORNER OF TAX PARCEL 16854; THENCE FOLLOWING THE WESTERN PROPERTY LINE OF TAX PARCEL 16852 N 04 DEG 04 MIN 55 SEC W 115.50' TO A 1 & %2" EXISTING IRON PIPE BEING THE NORTHEAST CORNER OF TAX PARCEL 16854 AND THE SOUTHEAST CORNER OF TAX PARCEL 16859; THENCE N 04 DEG 16 MIN 51 SEC W 99.32' TO A 1" EXISTING IRON PIPE BEING THE NORTHEAST CORNER OF TAX PARCEL 16859 AND THE SOUTHEAST CORNER OF TAX PARCEL 16853; THENCE N 03 DEG 47 MIN 35 SEC W 10.13' TO A 1" EXISTING IRON PIPE LOCATED IN THE WESTERN PROPERTY LINE OF TAX PARCEL 16852; THENCE FOLLOWING THE WESTERN PROPERTY LINE OF TAX PARCEL 16852 N 04 DEG 17 MIN 40 SEC W 71.36' TO A 3/4" EXISITING IRON PIPE BEING THE NORTHEAST CORNER OF TAX PARCEL 16853 AND THE SOUTHEAST CORNER OF TAX PARCEL 16848; THENCE FOLLOWING THE WESTERN PROPERTY LINE OF TAX PARCEL 16852 N 03 DEG 41 MIN 13 SEC W 14.05 TO A POINT IN THE WESTERN PROPERTY LINE OF TAX PARCEL 16852; THENCE FOLLOWING THE WESTERN PROPERTY LINE OF TAX PARCEL 16852 N 03 DEG 58 MIN 44 SEC W 108.43' TO A 3/4" EXISTING IRON PIPE BEING THE NORTHEAST CORNER OF TAX PARCEL 16848, THE NORTHWEST CORNER OF TAX PARCEL 16852 BEING LOCATED IN THE SOUTHERN R/W OF E. THIRD STREET; THENCE CROSSING E. THIRD STREET N 02 DEG 31 MIN 52 SEC E 156.19' TO A'/2" REBAR SET IN THE EASTERN R/W OF JOHNSON AVENUE AND THE WESTERN PROPERTY LINE OF TAX PARCEL 61441; THENCE FOLLOWING THE EASTERN R/W OF JOHNSON AVENUE AND THE WESTERN PROPERTY LINE OF TAX PARCEL 61441 FOR THE NEXT SEVEN (7) CALLS: 1) N 44 DEG 17 MIN 23 SEC W 18.42' TO A'/2" REBAR SET; THENCE 2) N 36 DEG 49 MIN 04 SEC W 13.60' TO A'/2" REBAR SET; THENCE 3) N 20 DEG 39 MIN O1 SEC W 19.08' TO A'/2" REBAR SET; THENCE 4) N 12 DEG 50 MIN 50 SEC W 13.31' TO A 1/2" REBAR SET; THENCE 5) N 03 DEG 33 MIN 48 SEC W 31.87' TO A'/2" REBAR SET; THENCE 6) N 00 DEG 19 MIN 51 SEC E 19.07' TO A'/2" REBAR SET; THENCE 7) N 02 DEG 39 MIN 50 SEC E 556.05' TO A 1" EXISTING IRON PIPE BEING THE SOUTHWEST CORNER OF TAX PARCEL 16654 AND A NORTHWEST CORNER OF TAX PARCEL 61441; THENCE WITH THE NORTHERN PROPERTY LINE OF TAX PARCEL 61441 S 86 DEG 27 MIN 15 SEC E 113.87' TO A 1" EXISTING IRON PIPE BEING THE SOUTHEAST CORNER OF TAX PARCEL 16654 AND A NORTHERN PROPERTY CORNER OF TAX PARCEL 61441; THENCE N 00 DEG 56 MIN 59 SEC E 35.56' TO A PK-NAIL SET IN AN ASPHALT DRIVE/PARKING AREA BEING THE NORTHEAST CORNER OF TAX LOT 16654 AND A CORNER IN THE NORTHERN PROPERTY LINE OF TAX PARCEL 61441 AND LOCATED IN THE SOUTHERN R/W OF E. ELEVENTH STREET; THENCE FOLLOWING THE NORTHERN PROPERTY LINE OF TAX PARCEL 61441 AND THE SOUTHERN R/W OF E. ELEVENTH STREET THE NEXT THREE (3) CALLS: 1) S 87 DEG 08 MIN 45 SEC E 350.47' TO A %2" EXISTING IRON PIPE, THENCE 2) S 87 DEG 15 MIN 47 SEC E 149.31' TO A 1" EXISTING IRON PIPE, THENCE 3) S 87 DEG 19 MIN 22 SEC E 106.56' TO THE POINT OF BEGINNING, CONTAINING 36.950 ACRES+/- INCLUSIVE OF AREA IN E. THIRD STREET R/W. :lNeliv1v101a121IBMI iTolW BEGINNING AT AN EXISTING 1" IRON PIPE, SAID IRON PIPE BEING A NORTHWEST CORNER OF TRACT 2 LOCATED AT THE SOUTHERN R/W OF E. RALEIGH STREET (S.R. 2103) BEING LOCATED N 52 DEG 48 MIN 41 SEC E 388.02' FROM THE NORTHWEST CORNER OF TAX PARCEL 16862: THENCE WITH THE WESTERN LINE OF TRACT 2 N 38 DEG 27 MIN 30 SEC W 29.29' TO A POINT AT THE CENTERLINE OF E. RALEIGH STREET (S.R. 2103) BEING THE NORTHWEST CORNER OF TRACT 2; THENCE WITH THE NORTHERN LINE OF TRACT 2 FOLLOWING THE CENTERLINE OF E. RALEIGH STREET (S.R. 2103) THE FOLLOWING SEVEN CALLS: 1) N 52 DEG 52 MIN 30 SEC E 241.25' TO A POINT; THENCE 2) N 52 DEG 46 MIN 10 SEC E 477.15' TO A POINT; THENCE 3) N 53 DEG 26 MIN 18 SEC E 105.45' TO A POINT; THENCE 4) N 55 DEG 43 MIN 02 SEC E 112.06' TO A POINT; THENCE 5) N 58 DEG 02 MIN 53 SEC E 111.50' TO A POINT; THENCE 6) N 60 DEG 06 MIN 31 SEC E 105.87' TO A POINT; THENCE 7) N 60 DEG 28 MIN 18 SEC E 54.67' TO A POINT AT THE CENTERLINE OF E. RALEIGH STREET (S.R. 2103) BEING LOCATED IN THE NORTHERN LINE OF TRACT 2; THENCE LEAVING THE CENTERLINE OF E. RALEIGH STREET (S.R. 2103) FOLLOWING THE NORTHERN LINE OF TRACT 2 S 87 DEG 38 MIN 15 SEC E PASSING THROUGH AN EXISTING 1" IRON PIPE FOR A DISTANCE OF 38.04' AND CONTINUING ON THE SAME BEARING FOR A TOTAL DISTANCE OF 190.57' TO AN EXISTING IRON PIPE LOCATED IN THE NORTHERN LINE OF TRACT 2; THENCE WITH THE NORTHERN LINE OF TRACT 2 S 87 DEG 32 MIN 28 SEC E 160.62' TO AN EXISTING 3/4" IRON PIPE BEING THE NORTHEAST CORNER OF TRACT 2; THENCE WITH THE EASTERN LINE OF TRACT 2 S 00 DEG 39 MIN 02 SEC W 288.80' TO AN EXISTING 3/4" IRON PIPE; THENCE WITH THE EASTERN LINE OF TRACT 2 S 00 DEG 39 MIN 45 SEC W 288.90' TO AN EXISTING 3/4" IRON PIPE; THENCE WITH THE EASTERN LINE OF TRACT 2 S 00 DEG 39 MIN 30 SEC W 316.22' TO AN EXISTING 3/4" IRON PIPE; THENCE WITH THE EASTERN LINE OF TRACT 2 S 00 DEG 39 MIN 50 SEC W 349.92' TO AN EXISTING 1" IRON PIPE; THENCE WITH THE EASTERN LINE OF TRACT 2 S 00 DEG 38 MIN 21 SEC W 496.23' TO AN EXISTING AXLE BEING THE SOUTHEAST CORNER OF TRACT 2; THENCE WITH THE SOUTHERN LINE OF TRACT 2 N 89 DEG 42 MIN 02 SEC W 462.90' TO AN EXISTING 3/4" IRON PIPE; THENCE WITH THE SOUTHERN LINE OF TRACT 2 N 89 DEG 43 MIN 38 SEC W 179.69' TO AN EXISTING 3/4" IRON PIPE; THENCE WITH THE SOUTHERN LINE OF TRACT 1 N 89 DEG 42 MIN 29 SEC W 179.75' TO A NEW '/2" REBAR SET AT THE SOUTHWEST CORNER OF TRACT 2; THENCE WITH THE WESTERN LINE OF TRACT 2 N 02 DEG 24 MIN 14 SEC E 191.19' TO AN EXISTING 1&'/4" IRON PIPE; THENCE WITH THE WESTERN LINE OF TRACT 2 N 02 DEG 31 MIN 18 SEC E 219.75' TO AN EXISTING 3/4" IRON PIPE; THENCE WITH THE WESTERN LINE OF TRACT 2 N 38 DEG 36 MIN 37 SEC W 231.78' TO AN EXISTING 3/4" IRON PIPE; THENCE WITH THE WESTERN LINE OF TRACT 2 N 38 DEG 27 MIN 30 SEC W 101.41' TO A NEW '/2" REBAR SET IN THE WESTERN LINE OF TRACT 2 BEING THE SOUTHWEST CORNER OF TRACT I AS SHOWN ON THE PLAT TITLED "RECOMBINATION SURVEY FOR: MOUNTAIRE FARMS OF NORTH CAROLINA CORP. (SMITH SITE)" RECORDED AT PLAT SLIDE 2020 PAGE 113 AT THE CHAT14AM COUNTY REGISTRY; THENCE WITH THE SOUTHERN LINE OF TRACT I PREVIOUSLY REFERENCED AND A NEW LINE FOR TRACT 2 N 51 DEG 32 MIN 30 SEC E 301.66' TO ANEW %2" REBAR SET BEING A NEW CORNER FOR TRACT 2 AND THE SOUTHEAST CORNER OF TRACT 1 PREVIOUSLY REFERENCED; THENCE, WITH THE EASTERN LINE OF TRACT 1 PREVIOUSLY REFERENCED AND A NEW LINE FOR TRACT 2 N 37 DEG 06 MIN 15 SEC W 449.82' TO AN EXISTING 3/4" IRON PIPE BEING THE NORTHEAST CORNER OF TRACT 1 PREVIOUSLY REFERENCED AND A CORNER FOR TRACT 2 LOCATED AT THE SOUTHERN R/W OF E. RALEIGH STREET (S.R. 2103); THENCE WITH THE NORTHERN LINE OF TRACT 1 PREVIOUSLY REFERENCED AND THE SOUTHERN R/W OF E. RALEIGH STREET (S.R. 2103) THE FOLLOWING TWO CALLS: 1) S 52 DEG 48 MIN 42 SEC W 150.06' TO A POINT; THENCE 2) S 52 DEG 48 MIN 42 SEC W 162.31' TO THE POINT OF BEGINNING, CONTAINING 34.033 ACRES +/-, BEING TRACT 2 AS SHOWN ON THE PLAT TITLED "RECOMBINATION SURVEY FOR: MOUNTAIRE FARMS OF NORTH CAROLINA CORP. (SMITH SITE)" RECORDED AT PLAT SLIDE 2020 PAGE 113 AT THE CHATHAM COUNTY REGISTRY.