23006-19-092_South Steet Condos - East_Full Public Comment Package

NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY
Brownfields Property Name: South Street Condos -East
Brownfields Project Number:23006-19-092
North Carolina's Brownfields Property Reuse Act (the "Act"), North Carolina General Statutes ("NCGS")
§ 130A-310.30 through 130A-310.40, provides for the safe redevelopment of abandoned, idled, or underused
properties at which expansion or redevelopment is hindered by actual or potential environmental contamination.
One of the Act's requirements is the submittal of this Notice of Intent to Redevelop a Brownfields Property ("NI")
that has been approved by the North Carolina Department of Environmental Quality ("DEQ") for public notification
purposes as per NCGS § 130A-310.34(a). The NI shall provide, to the extent known, a legal description of the location
of the Brownfields Property, a map showing the location of the Brownfields Property, a description of the
contaminants involved and their concentrations in the media of the Brownfields Property, a description of the
intended future use of the Brownfields Property, any proposed investigation and remediation, and a proposed Notice
of Brownfields Property ("NBP") prepared in accordance with NCGS § 130A-310.35. The proposed NBP for a
particular brownfields project is attached hereto. The proposed NBP includes the proposed Brownfields Agreement,
which is attached as Exhibit A, and the other required elements of this NI. A Summary of this Notice of Intent
("SNI") shall include a statement as to the public availability of the full NL The party ("Prospective Developer")
who desires to enter into a Brownfields Agreement with DEQ must provide a full copy of this NI to all local
governments having jurisdiction over the Brownfields Property.
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as
the day after which all of the following public notice tasks have occurred: the date the required SNI is: (1) published
in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2) conspicuously
posted at the Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written public comments may be submitted to DEQ within 30 days after the public comment
period begins. Written requests for a public meeting may be submitted to DEQ within 21 days after the public
comment period begins. These periods will start no sooner than May 20, 2022, and will end no sooner than the later
of: 1) 30 and 21 days, respectively, after that; or 2) 30 and 21 days, respectively, after completion of the latest of the
three (3) above -referenced tasks, if such completion occurs later than the date stated herein. All comments and
meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
South Street Condos-East/23006-19-092/20220513

SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: South Street Condos - East
Brownfields Project Number: 23006-19-092
Pursuant to the North Carolina Brownfields Property Reuse Act (the "Act") authorized by North Carolina
General Statutes (NCGS) § 130A-310.30 through 130A-310.40, and specifically pursuant to NCGS § 130A-
310.34, Lambert Development South Street LLC, as Prospective Developer, has filed with the North Carolina
Department of Environmental Quality ("DEQ") a Notice of Intent to Redevelop a Brownfields Property
("Property") located at 601 West South Street, Raleigh, Wake County. The Brownfields Property consists of
0.816 acres and was the former site of single family residential properties, automobile service and refueling
operations, offices, and a restaurant. Environmental contamination exists on the Brownfields Property in
groundwater and soil. Lambert Development South Street LLC has committed itself to redevelop the Brownfields
Property for no uses other than office, open space, recreation, retail, restaurant, high -density residential, hotel,
grocery, associated parking, and subject to DEQ's prior written approval, other commercial uses. The Notice of
Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields Agreement between DEQ and
Lambert Development South Street LLC, which in turn includes (a) a map showing the location of the Property,
(b) a description of the contaminants involved and their concentrations in the media of the Property, (c) the above -
stated description of the intended future use of the Brownfields Property, and (d) proposed investigation and
remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance with NCGS § 130A-
310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the Cameron Village
Regional Library at 1930 Clark Avenue, Raleigh, NC 27605 by contacting Astrid Huber at 919-856-6718, or at
astrid.huberkwake og v.com; at the offices of the N.C. Brownfields Program, 217 West Jones Street, Raleigh, NC,
or by contacting Shirley Liggins at that address, at Shirley.liggins(c-r�,ncdenr.gov, or at [phone]. 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 23006-19-092 into the search bar at the following web address:
https://edocs.deq.nc.gov/WasteManagement/Welcome.aspx?dbid=0&repo=WasteMana eg ment
The "Act" requires a public comment period of at least 30 days. The first day of public comment is defined
as the day after which all of the following public notice tasks have occurred: the date this Notice is: (1) published
in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2)
conspicuously posted at the Brownfields Property; and (3) mailed or delivered to each owner of property
contiguous to the Brownfields Property. Written public comments may be submitted to DEQ within 30 days after
the public comment period begins. Written requests for a public meeting may be submitted to DEQ within 21 days
after the public comment period begins. These periods will start no sooner than May 20, 2022, and will end no
sooner than the later of: 1) 30 and 21 days, respectively, after that; or 2) 30 and 21 days, respectively, after
completion of the latest of the three (3) above -referenced tasks, if such completion occurs later than the date stated
herein. All public comments and public meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Project Number/Name/Date23006-19-092/South Street Condos-East/20220513

Property Owner: Lambert Development South Street II LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page _
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: South Street Condos -East
Brownfields Project Number: 23006-19-092
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 2022 by
Lambert Development South Street LLC ("Prospective Developer").
This Notice concerns contaminated property.
A copy of this Notice certified by the North Carolina Department of Environmental
Quality ("DEQ") is required to be filed in the Register of Deeds' Office in the county or
counties in which the land is located, pursuant to North Carolina General Statutes
("NCGS"), § 130A-310.35(b).
This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate
the danger to public health or the environment posed by environmental contamination at a
property (`Brownfields Property") being addressed under the Brownfields Property Reuse
Act of 1997, NCGS § 130A, Article 9, Part 5 ("Act").
Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified
copy of this Notice within 15 days of Prospective Developer's receipt of DEQ's approval of
the Notice or Prospective Developer's entry into the Brownfields Agreement required by the
Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the
grantor index under the names of the owners of the land and, if Prospective Developer is not
the owner, also under the Prospective Developer's name.
The Brownfields Property is composed of 0.816 acres located at 601 West South Street,
Raleigh, North Carolina and was formerly occupied by single family residential properties,
automobile service and refueling operations, offices, and a restaurant. The Prospective Developer
is Lambert Development South Street LLC. The Prospective Developer transferred the
South Street Condos — East/23006-19-092/20220513
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Brownfields Property to Lambert Development South Street II LLC on March 1, 2019. The
Prospective Developer commits to use the Brownfields Property for no uses other than office, open
space, recreation, retail, restaurant, high -density residential, hotel, grocery, associated parking, and
subject to DEQ's prior written approval, other commercial uses.
The Brownfields Agreement between Prospective Developer and DEQ is attached
hereto as Exhibit A. It is required by NCGS § 130A-310.32 and sets forth the use that may
be made of the Brownfields Property and the measures to be taken to protect public health
and the environment. The Brownfields Agreement's Exhibit 2 consists of one or more data
tables reflecting the concentrations of and other information regarding the Brownfields
Property's regulated substances and contaminants.
Attached as Exhibit B to this Notice is a reduction, to 8.5 inches x 11 inches, of the survey
plat component of this Notice. This plat shows areas designated by DEQ, has been prepared and
certified by a professional land surveyor, meets the requirements of NCGS § 47-30, and complies
with NCGS § 130A-310.35(a)'s requirement that the Notice identify:
(1) The location and dimensions of the areas of potential environmental concern with
respect to permanently surveyed benchmarks.
(2) The type, location and quantity of regulated substances and contaminants known to
exist on the Brownfields Property.
Attached hereto as Exhibit C is a legal description of the Brownfields Property that would
be sufficient as a description of the property in an instrument of conveyance.
LAND USE RESTRICTIONS
NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the
current and future use of the Brownfields Property that are necessary or useful to maintain the
level of protection appropriate for the designated current or future use of the Brownfields Property
and that are designated in the Brownfields Agreement. The restrictions shall remain in force in
perpetuity unless canceled by the Secretary of DEQ (or its successor in function), or his/her
designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e). All
references to DEQ shall be understood to include any successor in function.
The land use restrictions below have been excerpted verbatim from paragraph 15 of
the Brownfields Agreement, and all subparagraph letters/numbers are the same as those
used in the Brownfields Agreement. The following land use restrictions are hereby imposed
on the Brownfields Property:
a. No use may be made of the Brownfields Property other than for office, open space,
recreation, retail, restaurant, high -density residential, hotel, grocery, associated parking, and
subject to DEQ's prior written approval, other commercial uses. For purposes of this restriction,
the following definitions apply:
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i. "Office" is defined as the provision of business or professional services.
ii. "Open space" is defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, or detention facilities for
storm water.
iii. "Recreation" is defined as indoor and outdoor exercise -related,
physically focused, or leisure -related activities, whether active or passive, and the facilities for
same, including, but not limited to, studios, swimming pools, sports -related courts and fields,
open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering
areas.
iv. "Retail" is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and beverage products.
v. "Restaurant" is defined as a commercial business establishment that
prepares and serves food and beverages to patrons.
vi. "High density residential" is defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit (e.g., privately -owned
courtyards are prohibited), and may include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages. Single family homes are
prohibited; townhomes, duplexes or other units with yards are prohibited unless approved in
writing by DEQ in advance.
vii. "Hotel" is defined as the provision of overnight lodging to paying
customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on -
site hospitality, management and reception services.
viii. "Grocery" is defined as a retail store that offers non-perishable food
packaged in bottles, boxes, and cans; perishable food such as baked goods, meats, deli products,
and fresh produce; and which may sell non-food items, such as clothing and household items and
may provide pharmacy, financial, or other personal services.
ix. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same.
x. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee. For the purposes of this Agreement, this excludes use
as a dry cleaner using chlorinated solvents.
b. The Brownfields Property may not be used for child care, adult care centers or
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schools without the prior written approval of DEQ.
c. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan ("EMP") approved
in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in
Exhibit 2 to this Agreement;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators, soil
contamination);
iv. contingency plans related to sampling and managing soil, groundwater
and surface water related to the installation or maintenance of storm water drain lines or walking
trails; and
v. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment.
d. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ.
e. No activity that disturbs soil on the Brownfields Property may occur unless
and until DEQ states in writing, in advance of the proposed activity, that said activity may occur
if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 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;
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iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined above in subparagraph 15.c.
f. No use of the Brownfields Property may occur until the then owner of the
Brownfields Property conducts representative final grade soil sampling pursuant to a plan
approved in writing by DEQ of any area that is not covered by building foundations, sidewalks,
or asphaltic or concrete parking areas and driveways.
g. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined above in subparagraph 15.c.
h. 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 manmade points of groundwater access at
the Brownfields Property in accordance with Subchapter 2C of Title 15A of the North Carolina
Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days after
doing so, the Prospective Developer shall provide DEQ a report, setting forth the procedures and
results.
i. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 20 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building's users, public
health and the environment from risk of vapor intrusion based on site assessment data or a site -
specific risk assessment approved in writing by DEQ;
ii. the building is or would be sufficiently distant from the Brownfields
Property's groundwater and/or soil contamination based on assessment data approved in writing
by DEQ that the building's users, public health and the environment will be protected from risk
from vapor intrusion related to said contamination; or
iii. vapor intrusion mitigation measures are designed,
installed, and implemented in a manner that will fully protect public health to the satisfaction of
a professional engineer licensed in North Carolina, as evidenced by said engineer's professional
seal on a report that includes photographs and a description of the installation and performance
of said measures, and to DEQ. Any design specification for vapor intrusion mitigation measures
shall be approved in writing by DEQ in advance of installation and/or implementation of said
measures. The design specifications shall include methodology(ies) for demonstrating
performance of said measures.
j. Submitted with the Land Use Restriction Update described below in
subparagraph 15.n. for as long as physical redevelopment of the Brownfields Property continues
(except that the final deadline shall fall 90 days after the conclusion of physical redevelopment),
the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ
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approval on environment -related activities since the last report, with a summary and drawings,
that describes:
i. actions taken on the Brownfields Property in accordance with Section
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).
k. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
1. 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 Wake County land
records, Book , Page " A copy of any such instrument shall be sent to the
persons listed in Section XV (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said redactions
comply with the confidentiality and trade secret provisions of the North Carolina Public Records
Law. The owner may use the following mechanisms to comply with the obligations of this
paragraph: (i) If every lease and rider is identical in form, the owner conveying an interest may
provide DEQ with copies of a form lease or rider evidencing compliance with this paragraph, in
lieu of sending copies of actual, executed leases, to the persons listed in Section XV (Notice and
Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather
than full copies of said leases, to the persons listed in Section XV.
in. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
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in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on -board tanks integral to said equipment or in flammable
liquid storage containers totaling no more than 25 gallons; or
iii. as fuel or other fluids customarily used in vehicles, landscaping
equipment and emergency generators.
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 Wake County, certifying that,
as of said January 1 st, the Notice of Brownfields Property containing these land use restrictions
remains recorded at the Wake County Register of Deeds office and that the land use restrictions
are being complied with. The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact
person's e-mail address of the owner or board, association or approved entity submitting the
LURU if said owner or each of the owners on whose behalf the joint LURU is submitted
acquired any part of the Brownfields Property during the previous calendar year;
ii. the transferee's name, mailing address, telephone and facsimile
numbers, and contact person's e-mail address, if said owner transferred any part of the
Brownfields Property during the previous calendar;
iii whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 15.i.iii. above are performing as designed, and whether the uses of the ground
floors of any buildings containing such vapor barrier and/or mitigation systems have changed,
and, if so, how.
iv. A joint LURU may be submitted for multiple owners by a duly
constituted board or association and shall include the name, mailing address, telephone and
facsimile numbers, and contact person's e-mail address of the entity submitting the joint LURU
as well as for each of the owners on whose behalf the joint LURU is submitted.
For purposes of the land use restrictions set forth above, the DEQ point of contact
shall be the DEQ Brownfields Property Management Unit referenced in subparagraph 35.a.
of Exhibit A hereto, at the address stated therein.
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ENFORCEMENT
The above land use restrictions shall be enforceable without regard to lack of privity of
estate or contract, lack of benefit to particular land, or lack of any property interest in particular
land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The
land use restrictions may also be enforced by DEQ through the remedies provided in NCGS §
130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having
jurisdiction over any part of the Brownfields Property; and by any person eligible for liability
protection under the Brownfields Property Reuse Act who will lose liability protection if the
restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the
Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement
by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of
the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the
same violation or as to one occurring prior or subsequent thereto.
FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Brownfields Property is sold, leased, conveyed or transferred,
pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the
description section, in no smaller type than that used in the body of the deed or instrument, a
statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a
brownfields property under the Brownfields Property Reuse Act.
IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this day of , 2022.
Un
NORTH CAROLINA
COUNTY
Lambert Development South Street LLC
Henry Lambert
Managing Member
I certify that the following person(s)
acknowledging to me that he or she voluntaril
stated therein and in the capacity indicated:
Date:
(Official Seal)
South Street Condos — East/23006-19-092/20220513
y
personally appeared before me this day, each
signed the foregoing document for the purpose
Official Signature of Notary
Notary's printed or typed name, Notary Public
My commission expires:

************************************
ACKNOWLEDGMENT OF PROPERTY OWNER
As the current owner, or representative of said owner, of at least part of the Brownfields
Property, I hereby acknowledge recordation of this Notice of Brownfields Property and the land
use restrictions contained herein.
Lambert Development South Street LLC II
Henry Lambert
Managing Member Date
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:
South Street Condos — East/23006-19-092/20220513
Z

************************************
APPROVAL AND CERTIFICATION OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
The foregoing Notice of Brownfields Property is hereby approved and certified.
North Carolina Department of Environmental Quality
Michael E. Scott Date
Director, Division of Waste Management
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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: Lambert Development South Street LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) South Street Condos -East
OF 1997, NCGS § 130A-310.30, et seq. ) 601 West South Street
Brownfields Project # 23006-19-092 ) Raleigh, Wake County
L INTRODUCTION
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and Lambert Development South Street LLC,
(collectively the "Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS §
130A-310.30, et sue. (the "Act") for the property located at 601 West South Street in Raleigh,
Wake County, North Carolina (the "Brownfields Property"). The Brownfields Property formerly
contained parcels with addresses 601, 607, and 609 West South Street and 712 South Saunders
Street, all of which were recombined into a single parcel with the address 601 West South Street
on or about September 17, 2018. A map showing the location of the Brownfields Property that is
the subject of this Agreement is attached hereto as Exhibit 1.
The Prospective Developer is Lambert Development South Street LLC. Lambert
Development South Street LLC is a manager -managed North Carolina limited liability company
registered to do business in North Carolina and is located at 421 8t" Avenue #852, New York,
NY 10116.
Lambert Development South Street LLC proposes to redevelop the Brownfields Property
for no uses other than office, open space, recreation, retail, restaurant, high -density residential,
23006-19-092/South Street Condos East/20220513

hotel, grocery, associated parking, and subject to DEQ's prior written approval, other
commercial uses.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section VIII (Certification), Section IX (DEQ's Covenant Not to Sue
and Reservation of Rights) and Section X (Prospective Developer's Covenant Not to Sue), the
potential liability of Lambert Development South Street LLC for contaminants at the
Brownfields Property.
The Parties agree that Lambert Development South Street LLC's entry into this
Agreement, and the actions undertaken by Lambert Development South Street LLC in
accordance with the Agreement, do not constitute an admission of any liability by Lambert
Development South Street LLC for contaminants at the Brownfields Property. The resolution of
this potential liability, in exchange for the benefit Lambert Development South Street LLC shall
provide to DEQ, is in the public interest.
II. DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
1. `Brownfields Property" shall mean the property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2
23006-19-092/South Street Condos East/20220513

2. "Prospective Developer" shall mean Lambert Development South Street LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property comprises one vacant parcel totaling 0.816 acres. The
Brownfields Property consists of one parcel (Wake County Tax Parcel Identification Number
1703462163 that was formed by a recombination of four parcels (Wake County Tax Parcel
Identification Numbers: 1703462102, 1703463009, 1703463116, and a portion of 1703461141)
that, after recombination, bears the address of 601 West South Street, Raleigh Wake County.
4. The Brownfields Property is bordered to the north by West South Street with a bakery,
custom tennis shoe business, Kirby vacuum business, day labor business, and a barbershop
beyond; to the east by South Saunders Street with Heritage Park Apartments beyond; to the south
by an architecture business and single-family residential properties and Dorothea Drive beyond,
and to the west by vacant property and an apartment building with single-family residences and
Florence Street beyond.
5. Prospective Developer obtained or commissioned the following reports, referred to
hereinafter as the "Environmental Reports," regarding the Brownfields Property:
23006-19-092/South Street Condos East/20220513

Title
Prepared by
Date of Report
Phase I Environmental Site Assessment
ECS
March 13, 2015
(draft)
Report of Phase II Environmental Site
ECS
June 12, 2016
Assessment, Six Parcels on West South Street
Soil Excavation Report, 601, 607, 609, 611,
615, and 617 West South Street, and 712
ECS
March 24, 2017
South Saunders Street
Report of Observations, 601 through 611
TerraTech
April 6, 2017
West South Street Site
W
Limited Site Assessment Report, 601 West
ECS
July 18, 2017
South Street
Fill Soil Sampling Report, 601-617 West
WithersRavenel
January 29, 2018
South Street
6. For purposes of this Agreement, DEQ and Prospective Developer rely on the
following representations from the above reports as to use and ownership of the Brownfields
Property:
a. By 1914, as depicted on Sanborn Fire Insurance maps, the Brownfields
Property was developed with three single-family residences on South Saunders Street. The Hill
Directory of former business names and addresses shows the property with the address of 601
West South Street was a gasoline filling station or service center from 1931 through at least
1977.
b. By 1950, as depicted on aerial imagery, the two northern most residences
nearest the corner of West South Street and South Saunders Street had been removed and the
area was occupied by the previously referenced gasoline service station which used the address
of 601 West South Street. Also, an office building with the addresses of 603, 605 and 607 West
South Street had been constructed on the Brownfields Property west of the Texaco station.
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c. In 1980, Texaco leased the gasoline station property to a private individual for
use as a restaurant which later became known as the Capital Ice Market and Grill. The lessor
purchased the property from Texaco in 1988 and then sold the property in 1991. Use as the
Capital Ice Market and Grill continued until 2016, prior to the time the Brownfields Property was
purchased by the Prospective Developer.
d. The Prospective Developer purchased the following parcels that were
recombined into the one parcel: 601 West South Street on December 30, 2015; 607 and the
eastern portion of 609 West South Street on March 11, 2016; and 712 South Saunders Street on
May 31, 2016. The Prospective Developer demolished the three existing buildings on the
Brownfields Property in December 2016.
e. Those parcels, that is, the eastern portion of the 609 West South Street, 607 and
601 West South Street, and the 712 South Saunders Street parcels were recombined on
September 13, 2018 into a single parcel, which retains the address of 601 West South Street.
f. The Prospective Developer transferred the Brownfields Property to Lambert
Development South Street II LLC on March 1, 2019.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. Single-family residences, as were present on the Brownfields Property, are
known to have had home heating oil tanks.
b. A gasoline service station was constructed on the Brownfields Property prior
to 1931 and operated at least through 1977. Based on communication from a former owner of
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the Brownfields Property, the service station ceased operation and was left vacant prior to being
converted to a grill and market in 1980. An unknown number of underground storage tanks
(USTs) were removed by Texaco in October 1985. Because the USTs were removed prior to the
formation of the North Carolina Underground Storage Tank Program, no documentation exists
regarding the number, size, or previous contents of the tanks or contamination present in the soil
or groundwater at the time they were removed in 1985.
c. A 550-gallon UST was discovered and removed by the Prospective Developer
during site grading activities in 2016. The tank had been used for waste oil storage and was
located beneath the location of former Texaco service station. The DEQ UST Section was
notified of the UST removal and an incident number of 46192 was assigned.
d. The suspected source of the chlorinated solvents detected in the groundwater is
from the service station formerly present on the Brownfields Property, although a facility
immediately south of the Brownfields Property engaged in automotive repair activities.
e. Approximately 2,700 cubic yards of contaminated soil in the vicinity of the
former on -site USTs was excavated by the Prospective Developer in 2017. The excavated soil
was transported off -site under manifest and disposed of at a permitted disposal facility.
f. Offsite fill material was brought to the Brownfields Property in 2017 to fill the
excavation and to bring the site to the current grade.
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on January 29, 2018. The tables set forth in Exhibit 2 to this
Agreement present contaminants present at the Brownfields Property above applicable standards
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or screening levels for each media sampled.
9. For purposes of this Agreement DEQ relies on Prospective Developer's
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning environmental assessment work and the
Environmental Reports, preparing and submitting to DEQ an initial Brownfields Property
Application (BPA) dated December 8, 2017, a revised BPA on February 14, 2019, and the
following:
a. On March 11, 2016, the Prospective Developer purchased the Brownfields
Property at 601, 607 and 609 West South Street.
b. On May 31, 2016, the Prospective Developer purchased the Brownfields
Property at 712 South Saunders Street.
c. In or about December 2016, contractors for a predecessor owner razed the
buildings on site and removed the demolition debris along with a substantial quantity of
impacted soil that had been excavated from the property. All excavated contaminated material
was disposed of under manifest at permitted disposal facilities.
10. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
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310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
11. The Parties agree that the $8,000 fee Prospective Developer has agreed to pay
suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a
change is sought to a Brownfields document after it is in effect, in which case there shall be an
additional fee of at least $1,000.
IV. BENEFIT TO COMMUNITY
12. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
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a. an increase in the Brownfields Property's productivity;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of an estimated 150 construction jobs and 3 to 5 permanent jobs;
d. an increase in tax revenue for affected jurisdictions;
e. additional office, open space, recreation, retail, restaurant, high -density
residential, and associated parking for the area;
f. "smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe ("greenfields").
V. WORK TO BE PERFORMED
13. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) areas incorporated into the U.S. Green Building Council Leadership in Energy
and Environmental Design certification program (Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Locations & Linkages,
Awareness & Education, Innovation in Design and Regional Priority), or a similar program.
14. Based on the information in the Environmental Reports, and subject to imposition of
and compliance with the land use restrictions set forth below, and subject to Section IX of this
Agreement (DEQ's Covenant Not to Sue and Reservation of Rights), DEQ is not requiring
Prospective Developer to perform any active remediation at the Brownfields Property other than
remediation that may be required pursuant to a DEQ-approved Environmental Management Plan
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(EMP) 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. All references to DEQ shall be understood to include any successor in function.
a. No use may be made of the Brownfields Property other than for office, open
space, recreation, retail, restaurant, high -density residential, hotel, grocery, associated parking, and
subject to DEQ's prior written approval, other commercial uses. For purposes of this restriction,
the following definitions apply:
i. "Office" is defined as the provision of business or professional services.
ii. "Open space" is defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, or detention facilities for
storm water.
iii. "Recreation" is defined as indoor and outdoor exercise -related,
physically focused, or leisure -related activities, whether active or passive, and the facilities for
same, including, but not limited to, studios, swimming pools, sports -related courts and fields,
open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering
areas.
iv. "Retail" is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
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and the sales of food and beverage products.
v. "Restaurant" is defined as a commercial business establishment that
prepares and serves food and beverages to patrons.
vi. "High density residential" is defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit (e.g., privately -owned
courtyards are prohibited), and may include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages. Single family homes are
prohibited; townhomes, duplexes or other units with yards are prohibited unless approved in
writing by DEQ in advance.
vii. "Hotel" is defined as the provision of overnight lodging to paying
customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on -
site hospitality, management and reception services.
viii. "Grocery" is defined as a retail store that offers non-perishable food
packaged in bottles, boxes, and cans; perishable food such as baked goods, meats, deli products,
and fresh produce; and which may sell non-food items, such as clothing and household items and
may provide pharmacy, financial, or other personal services.
ix. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same.
x. "Commercial" is defined as an enterprise carried on for profit or
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nonprofit by the owner, lessee or licensee. For the purposes of this Agreement, this excludes use
as a dry cleaner using chlorinated solvents.
b. The Brownfields Property may not be used for child care, adult care centers or
schools without the prior written approval of DEQ.
c. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan ("EMP") approved
in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in
Exhibit 2 to this Agreement;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators, soil
contamination);
iv. contingency plans related to sampling and managing soil, groundwater
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and surface water related to the installation or maintenance of storm water drain lines or walking
trails; and
v. plans for the proper characterization of, and, as necessary, disposal of
contaminated soils excavated during redevelopment.
d. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ.
e. No activity that disturbs soil on the Brownfields Property may occur unless
and until DEQ states in writing, in advance of the proposed activity, that said activity may occur
if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 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 above in subparagraph 15.c.
f. No use of the Brownfields Property may occur until the then owner of the
Brownfields Property conducts representative final grade soil sampling pursuant to a plan
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approved in writing by DEQ of any area that is not covered by building foundations, sidewalks,
or asphaltic or concrete parking areas and driveways.
g. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined above in subparagraph 15.c.
h. 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 manmade points of groundwater access at
the Brownfields Property in accordance with Subchapter 2C of Title 15A of the North Carolina
Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days after
doing so, the Prospective Developer shall provide DEQ a report, setting forth the procedures and
results.
i. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 20 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building's users, public
health and the environment from risk of vapor intrusion based on site assessment data or a site -
specific risk assessment approved in writing by DEQ;
ii. the building is or would be sufficiently distant from the Brownfields
Property's groundwater and/or soil contamination based on assessment data approved in writing
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by DEQ that the building's users, public health and the environment will be protected from risk
from vapor intrusion related to said contamination; or
iii. vapor intrusion mitigation measures are designed,
installed, and implemented in a manner that will fully protect public health to the satisfaction of
a professional engineer licensed in North Carolina, as evidenced by said engineer's professional
seal on a report that includes photographs and a description of the installation and performance
of said measures, and to DEQ. Any design specification for vapor intrusion mitigation measures
shall be approved in writing by DEQ in advance of installation and/or implementation of said
measures. The design specifications shall include methodology(ies) for demonstrating
performance of said measures.
j. Submitted with the Land Use Restriction Update described below in
subparagraph 15.n. for as long as physical redevelopment of the Brownfields Property continues
(except that the final deadline shall fall 90 days after the conclusion of physical redevelopment),
the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ
approval on environment -related activities since the last report, with a summary and drawings,
that describes:
i. actions taken on the Brownfields Property in accordance with Section
V: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
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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).
k. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
1. 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 Wake County land
records, Book , Page .55A copy of any such instrument shall be sent to the
persons listed in Section XV (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said redactions
comply with the confidentiality and trade secret provisions of the North Carolina Public Records
Law. The owner may use the following mechanisms to comply with the obligations of this
paragraph: (i) If every lease and rider is identical in form, the owner conveying an interest may
provide DEQ with copies of a form lease or rider evidencing compliance with this paragraph, in
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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.
m. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as constituents of fuels, lubricants and oils in 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; or
iii. as fuel or other fluids customarily used in vehicles, landscaping
equipment and emergency generators.
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 Wake County, certifying that,
as of said January 1 st, the Notice of Brownfields Property containing these land use restrictions
remains recorded at the Wake County Register of Deeds office and that the land use restrictions
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are being complied with. The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact
person's e-mail address of the owner or board, association or approved entity submitting the
LURU if said owner or each of the owners on whose behalf the joint LURU is submitted
acquired any part of the Brownfields Property during the previous calendar year;
ii. the transferee's name, mailing address, telephone and facsimile
numbers, and contact person's e-mail address, if said owner transferred any part of the
Brownfields Property during the previous calendar;
iii whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 15.i.iii. above are performing as designed, and whether the uses of the ground
floors of any buildings containing such vapor barrier and/or mitigation systems have changed,
and, if so, how.
iv. A joint LURU may be submitted for multiple owners by a duly
constituted board or association and shall include the name, mailing address, telephone and
facsimile numbers, and contact person's e-mail address of the entity submitting the joint LURU
as well as for each of the owners on whose behalf the joint LURU is submitted.
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
IIM
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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
151. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
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20. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property for the Brownfields Property containing, inter alia, the land use restrictions set forth in
Section V (Work to Be Performed) of this Agreement and a survey plat of the Brownfields
Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date of this
Agreement, Prospective Developer shall file the Notice of Brownfields Property in the Wake
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 Agreement shall be attached as Exhibit A to the Notice of Brownfields
Property. Subsequent to recordation of said Notice, any deed or other instrument conveying an
interest in the Brownfields Property shall contain the following notice: "This property is subject
to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property
recorded in the Wake 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
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evidencing compliance with this paragraph, in lieu of sending copies of actual, executed leases,
to the persons listed in Section XV (Notices and Submissions); or (ii) Prospective Developer
may provide abstracts of leases, rather than full copies of said leases, to the persons listed in
Section XV.
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
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in subparagraph 35.a. below
of any such required notification.
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VIII. 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
this Agreement. That use is office, open space, recreation, retail, restaurant, high -density
residential, hotel, grocery, associated parking, and subject to DEQ's prior written approval, other
commercial uses. Prospective Developer also certifies that to the best of its knowledge and
belief it has fully and accurately disclosed to DEQ all information known to Prospective
Developer and all information in the possession or control of its officers, directors, employees,
contractors and agents which relates in any way to any past use of regulated substances or known
contaminants at the Brownfields Property and to its qualification for this Agreement, including
the requirement that it not have caused or contributed to the contamination at the Brownfields
Property.
IX. DEO'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
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necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
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
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contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
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 SeMc .
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
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and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above -referenced Notice of Brownfields Property.
XI. PARTIES BOUND
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 NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer's duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
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
25
23006-19-092/South Street Condos East/20220513

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
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,
26
23006-19-092/South Street Condos East/20220513

including, but not limited to, the provisions of Section V (Work to be Performed), it shall be
liable for all litigation and other enforcement costs incurred by DEQ to enforce this Agreement
or otherwise obtain compliance.
XV. NOTICES AND SUBMISSIONS
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:
Brownfields Property Management Unit (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:
Henry Lambert, Managing Member
Lambert Development South Street LLC
421 81h Avenue #852
New York, NY, 10116
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
27
23006-19-092/South Street Condos East/20220513

this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in N.C.G.S. § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and invalidate its signature on this Agreement.
XVII. TERMINATION OF CERTAIN PROVISIONS
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.
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
M.
23006-19-092/South Street Condos East/20220513

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.
IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Michael E. Scott Date
Director, Division of Waste Management
IT IS SO AGREED:
LAMBERT DEVELOPMENT SOUTH STREET LLC
By:
29
23006-19-092/South Street Condos East/20220513

Henry Lambert
Managing Manager
30
Date
23006-19-092/South Street Condos East/20220513

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VICINITY MAP NO SCALE
NOTES
1 1. AREAS COMPUTED BY COORDINATE METHOD.
2. BASIS OF BEARINGS NAD 83(2011)
3. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES.
4. THE SUBJECT PROPERTY DOES NOT LIE WITHIN A F.E.M.A. DESIGNATED
FLOODPLAIN PER FIRM MAP NUMBER 3720170300J, AND WITH AN
EFFECTIVE DATE OF MAY 02, 2006.
5. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT
AND THE PROPERTY MAY BE SUBJECT TO ADDITIONAL MATTERS WHICH A
COMPLETE TITLE SEARCH WOULD REVEAL.
16. SAMPLE LOCATIONS WERE ESTIMATED FROM THE PROVIDED SOIL
SAMPLE REPORTS OMPLETED BY WR.
7. THE AREAS AND TYPES OF CONTAMINATION DEPICTED HEREON
ARE APPROXIMATIONS DERIVED FROM THE BEST AVAILABLE
INFORMATION AT THE TIME OF FILING. A LISTING OF THE
TECHNICAL REPORTS USED TO PREPARE THIS PLAT ARE
AVAILABLE IN THE BROWNFIELDS AGREEMENT FOR THIS
PROPERTY.
LAND USE RESTRICTIONS
SEE SHEET 2
REVIEW OFFICER CERTIFICATE
LINE TABLE
LINE
BEARING
I DISTANCE
L1
IS 01°48'57" W
8.84'
L2
IS 87°06'20" E
5.69'
LEGEND (UNLESS OTHERWISE NOTED)
CP — COMPUTED POINT
EIR — EXISTING IRON ROD
IPF — IRON PIPE FOUND
IPS — IRON PIPE SET
R/W — RIGHT OF WAY
### STREET ADDRESS
0 — SOIL BORING / TEMPORARY WELL BY WR
,0 — MONITORING WELL BY WR
I— — — LINE LEGEND
I
/ ADJOINING LINE
I / W° SOUTH STREET BROWNFIELDS
N I PROPERTY BOUNDARY
(EXISTING 60' PUBLIC R/W)
/ AVENUE 2—LANE UNDIVIDED EASEMENT — — — — — —
I %
/-SD — / R/W — —
SW-40 STORM DRAIN PIPE — —SD
---- __ -- - I N:736274.6
m _ - lPF S 88°06'11=E 6Z.Z8- IPF E.•2104304.66' S 87°34'11 E 151.68'
45' CITY OF RALEIGH R1 I ------------
EXISTING — — — GLOBAL POSITIONING SYSTEM (GPS) COORDINATES WERE
PERMANENT DRAINAGE EASEMENT/ CONTROL CORNER 601 SW-41 — — — — — — — — — — — — IPF
EXISTING IRON PIPE USED FOR BASIS OF BEARINGS ON THIS PLAT. THE
GREENWAY EASEMENT I N.C. GRID COORDS. N:73620,3 FOLLOWING INFORMATION WAS USED TO PERFORM THE GPS
I N=736,221.46' 2' SIDEWALK E:2104307. 10' L SW_39 IPF L2 IPF GNSS SURVEY:
D.B. 17570, PG. 2340 E=2, 104, 167.05' TEMPORARY CONSTRUCTION
EASEMENT N:736208.90' EASEMENT
E.•2104320.00' SW-19 CLASS OF SURVEY: CLASS A
y I D.B. 17674, PG. 753 RF-1 I B.M. 2014, PG. 1238
B.M. 2019, PG. 2112 N:736208.96' N:736183.76' POSITIONAL ACCURACY 0.03(+/-)
BF4 E.2104312. 14' SW-21 E._2104377.96' 1 I TYPE OF GPS FIELD PROCEDURE: RTK, NCGS REAL-TIME
I I N:736183.21 ' N: 736182.99' ®1
E:2104220.77'� TMW-4 E:2104365.25'� NETWORK
—45' N:736189.61' DATE OF SURVEY: JULY 10, 2018
1I NO—BUILD/BUILDING E.•2104323.03' MW-1 DATUM/EPOCH: NAD 83/2011
I ACCESS/MAINTENANCE N:736178.41' PUBLISHED/FIXED-CONTROL USE: LOCALIZED AROUND SITE
I EASEMENT BF6 E.•2104338.89' CONTROL - WITHERSRAVENEL CONTROL POINT #2
B.M. 2019, PG. 2112 N:736176.90' GEOID MODEL: GEIOD 12A
E.•2104333.44' COMBINED GRID FACTOR: 0.999905888
LAMBERT DEVELOPMENT I i SW-46 BF13 N UNITS: US SURVEY FEET
SOUTH STREET LLC I N:736746.58' I d-
D.B. 16284, PG. 2699 I I N.736146.58''� N:736141.54'
B.M. 2018, PG. 1829 I E:2104350.20'� REFERENCE DATA
00
B.M. 2078, PG.46 1829 I WITHERSRAVENEL o
P.I.N. 1703-46-0762 I BF12 SW-26 GPS CONTROL POINT #2 N
N:736743.35' N:736135.36' N
E.•2104300.87' E2104346.37'�� NAD 83(2011)
� d NC GRID/GROUND COORS o0
0.816 Acres 1,C)
N:736,285.92' O
BF8 � o E:2,103,992.67' Q
o I 35 562 S Feet I N NAVD 88 ELEV: 280.62'
N:736709.66' + Q• ,S�/- 1,j O � �
E.2104215.81 ' N:736125.06 U)
II I W LAMBERT DEVELOPMENT E.2104350.09'
I SOUTH STREET It LLC LU o
LOT 2Lo
~ N o
I I o I PRIVATE D.B. 17374, PG. 2253
N DRAINAGE B_M_ 2019, PG. 2112 v
n O B.M. 2018, PG. 1829
EASEMENT P.I.N. 1703-46-2163 W m ^ v
Art 2 B.M. 2019, PG. 2112 VACANT LOT Q Z
z o I VARIABLE WIDTH SIDEWALK Z
y EASEMENT I J o
B.M 2019, PG. 21 12 � m
Imz F
I I rn N 87'46'43" W 157.66' AXLE
\ ONE STORY BRICK BUILDING FOUND
BUILDING DOES NOT CROSS
ZONE 2 LOT LINE
— STREAM BUFFER
716 SOUTH SAUNDERS, LLC
I I I I 7 D.B. 10125, PG. 2337 I
_ D.B. 0125, PG. 199
O 't D.B. 0140, PG. 286
— — — — — — I I \ / y� o P.I.N. 1703-46-3004
— -J— 10.41 ' IPF 52.44' FIR I
IPF N 87°40'26" W 62.85'
CONTROL CORNER -�
CL BOX CULVERT EXISTING IRON R 716 S
I, REVIEW OFFICER OF WAKE COUNTY, CERTIFY THAT THIS \ I ZONE 1 oD OUTH SAUNDERS, LLC
PLAT MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING. STREAM BUFFER N.C. GRID cOoRDs. D.B. 17538, PG. 2337
JOEL J. W/NEGARDEN N=736 021 70' D.B.76855 PG
REVIEW OFFICER DATE
APPROVAL EXPIRES IF NOT RECORDED ON OR BEFORE
TYPE OF PLAT
I, MATTHEW A. TIMBLIN, PROFESSIONAL LAND SURVEYOR LICENSE NO. L-4844, CERTIFY TO ONE OF
THE FOLLOWING AS CHECKED BELOW;
® C. THAT THE SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND AND DOES NOT CREATE A
NEW STREET OR CHANGE AND EXISTING STREET.
MATTHEW A. TIMBLIN, PROFESSIONAL LAND SURVEYOR L-4844
CERTIFICATE OF SURVEY & ACCURACY
I, MATTHEW A. TIMBLIN, LICENSED AS A PROFESSIONAL LAND SURVEYOR IN THE STATE OF NORTH
CAROLINA, DO HEREBY CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN
ACTUAL SURVEY MADE UNDER MY SUPERVISION DEED DESCRIPTION RECORDED IN DEED BOOK
17374, PAGE 2253. THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN
FROM INFORMATION REFERENCED ON PLAT; THAT THE RATIO OF PRECISION AS CALCULATED IS
1 : 33,000+ ; THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH G.S. 47-30, AS AMENDED.
WITNESS MY ORIGINAL SIGNATURE AND SEAL THIS 13TH DAY OF MAY, A.D., 2022.
MATTHEW A. TIMBLIN, PROFESSIONAL LAND SURVEYOR L-4844
I 2594 I
D.B. 17185, PG. 1741
,9
D.B. E=2, 104,222.04' D.B. 0125, PG. 199
P.LN. 172, PG. 199 \ I 4TH WARD P.I.N. 1703-45-3909
703-45-0982 DEVELOPMENT, LLC I
1 D.B. 17640, PG. 1932
4TH WARD D.B. 0125, PG. 199
I DEVELOPMENT, LLC I P.I.N. 1703-45-2910 I
D.B. 17640, PG. 1932 I
D.B. 0125, PG. 199
P.I.N. 1703-45-1942
"PRELIMINARY
PLAT" NOT FOR
CONVEYANCE,
RECORDATION,
OR SALES
A
ZEVISIONS:
DATE: 05-13-22
SCALE: V=30'
SURVEYED BY:TP
DRAWN BY: MT
CHECK 8 CLOSURE BY: MT
CAD FILE: BF_20031
PROJECT NO: 201052.00
LOT 2 OWNER DATA:
LAMBERT DEVELOPMENT
SOUTH STREET II, LLC
5 HANOVER SO FL 14
NEW YORK, NY 10004
NOTES:
BORING AND TEMPORARY WELL LOCATIONS FOR ECS SITE WORK
ARE ESTIMATED.
1. SW SAMPLES REPRESENT SIDEWALL SOIL SAMPLES FROM
THE MARCH 24, 2017 SOIL EXCAVATION REPORT;
2. SB SAMPLES REPRESENT SOIL AND GROUNDWATER SAMPLE
LOCATIONS REPORTED IN THE JANUARY 12, 2016 PHASE II
ESA.
3. BF SAMPLES REPRESENT SOIL SAMPLES COLLECTED BY
WITHERSRAVENEL AND RESULTS REPORTED TO THE
BROWNFIELDS SECTION IN THE JANUARY 29, 2018 FILL SOIL
SAMPLING REPORT.
GRAPHIC SCALE
30 0 15 30 60
1 inch = 30 ft.
EXHIBIT B TO THE NOTICE OF BROWNFIELDS PROPERTY - SURVEY PLAT
OWNER: LAMBERT DEVELOPMENT SOUTH STREET II LLC
PROSPECTIVE DEVELOPER: LAMBERT DEVELOPMENT SOUTH STREET LLC
BROWNFIELDS PROJECT NO. 23006-19-092 - SOUTH STREET CONDOS - EAST
601 WEST SOUTH STREET
RALEIGH, NC 27603
TOWNSHIP: RALEIGH COUNTY: WAKE STATE: NORTH CAROLINA
ZONE: NX-3-UL
P.I.N. 1703-46-2163
SHEET 1 OF 2
-0- WithersRavenel
VAEngineers I Planners I Surveyors
115 MacKenan Drive I Cary, NC 275111 t: 919.469.3340 1 license #: C-0832
www.withersravenel.com

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VICINITY MAP
j F
NO SCALE
DIVISION OF WASTE MANAGEMENT CER7IFICA7E
FOR THE PURPOSES OF N.C.G.S. 13OA-310.35
MICHAEL E. SCOTT, DIRECTOR DATE
DIVISION OF WASTE MANAGEMENT
STATE OF NORTH CAROLINA
COUNTY OF WAKE
REVIEW OFFICER CERTIFICATE
I, , REVIEW OFFICER OF WAKE COUNTY, CERTIFY THAT THIS
PLAT MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING.
REVIEW OFFICER DATE
APPROVAL EXPIRES IF NOT RECORDED ON OR BEFORE
CERTIFICATE OF SURVEY & ACCURACY
I, MATTHEW A. TIMBLIN, LICENSED AS A PROFESSIONAL LAND SURVEYOR IN THE STATE OF NORTH
CAROLINA, DO HEREBY CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN
ACTUAL SURVEY MADE UNDER MY SUPERVISION DEED DESCRIPTION RECORDED IN DEED BOOK
17374, PAGE 2253. THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN
FROM INFORMATION REFERENCED ON PLAT; THAT THE RATIO OF PRECISION AS CALCULATED IS
1 : 33,000+ ; THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH G.S. 47-30, AS AMENDED.
WITNESS MY ORIGINAL SIGNATURE AND SEAL THIS 13TH DAY OF MAY, A.D., 2022.
MATTHEW A. TIMBLIN, PROFESSIONAL LAND SURVEYOR L4844
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the standards for which are contained
in Title 15A of the North Carolina Administrative Code, Subchapter 2L (2L), Rule .0202, (April 1, 2013 version):
Maximum
Groundwater
Sample
Date of
Concentration
Standard
Contaminant
Location
Sampling
Exceeding
(µg/L)
Standard (µ /L)
Benzene
M)N'-1
5/22/2017
18.7
1
TMW-4
12/14/2015
8.9
Tetrachloroeth lene
MW-1
5/22/2017
0.90
0.7
Trichloroethylene
MW-1
5/22/2017
59.4
3
GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter (the equivalent of parts per billion),
the vapor intrusion screening levels for which are derived from the Residential Vapor Intrusion Screening Levels of the Division of
Waste Management January 2021 version):
Groundwater
Residential
Contaminant with
Concentration
VI
Potential for Vapor
Sample
Date of
Exceeding
Screening
Intrusion
Location
Sampling
Screening
Levels
Level (µg/L)
MW-1
5/22/2017
18.7
Benzene
1.6
TMW-4
12/14/2015
8.9
Ethylbenzene
TMW-4
12/14/2015
125
3.5
Trichloroethylene
MW-1
5/22/2017
59.4
1
Xylenes, Total
TMW-4
12/14/2015
341
77
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.
SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the screening levels for which are derived
from the Preliminary Residential Health- Based Soil Remediation Goals of the Inactive Hazardous Sites Branch ofDEQ's Superfmd
Section (January 2021 version):
Soil
Contaminant
Sample
Location
Depth (ft)
Date of
Sampling
Maximum
Concentration
Exceeding
Screening
Level
(m g)
Residential
Screening
Level (mg/kg)
Arsenic
BF-4
2-4
O1/11/2018
1.09
0.68
BF-6
0.5-1.5
0.845J
BF-6
1-3
1.97J
BF-8
2-4
1.33J
BF-12
2-3
162J
BF-13
1-3
0.925J
RF-1
Unknown
2.33J
Benzo(a)pyrene
SW-19
8
01/16/2017
0.436
0.11
SW-26
02/03/2017
0.282
SW41
02/15/2017
0.146 J
SW-46
0.182
Benzo(g,h,i)pyrene
SW-13
8
01/17/2017
0.0455 J
NS
SW-19
01/16/2017
0.205
SW-26
02/03/2017
0.254
SW-41
02/15/2017
0.102 J
SW-46
0.118 J
p-Isopropyltoluene
BF-13
4-5
1/11/2018
0.0734J
NS
Naphthalene
BF-6
0.5-1.5
01/11/2018
4.49
2.1
Phenanthrene
BF-6
0.5-1.5
1/11/2018
0.126J
NS
SW-13
8
01/17/2017
0.869 J
SW-19
01/16/2017
0.181 J
SW-26
02/03/2017
0.597
SW-40
02/14/2017
0.0362 J
SW-41
02/15/2017
0.0424 J
SW-46
0.117
TPH, C5-C8
Aliphatics
SW-21
8
01/17/2017
334
110
TPH, C8-C18
Ali hatics
SW-21
8
01/17/2017
280.97J
20
TPH, C9-C22
Aromatics
SW-39
8
02/14/2017
84.2
20
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening level s displayed for carcinogens are for a 1.0E-6
lifetime incremental cancer risk.
NS -No screening level established
TPH -Total Petroleum Hydrocarbons
"PRELIMINARY REVISIONS:
DATE: 05-13-22
PLAT " NOT FOR
SCALE: N/A
CONVEYANCE,
SURVEYED BY: TP
RECORDATION,
DRAWN BY: MT
OR SALES
CHECK & CLOSURE BY: MT
CAD FILE: BF_20031
LAND USE RESTRICTIONS
NCGS 130A-310.35(A) REQUIRES RECORDATION OF A NOTICE OF BROWNFIELDS PROPERTY ("NOTICE") THAT IDENTIFIES ANY RESTRICTIONS ON THE CURRENT AND FUTURE USE OF A BROWNFIELDS PROPERTY THAT ARE NECESSARY OR USEFUL TO MAINTAIN THE
LEVEL OF PROTECTION APPROPRIATE FOR THE DESIGNATED CURRENT OR FUTURE USE OF THE PROPERTY AND THAT ARE DESIGNATED IN A BROWNFIELDS AGREEMENT PERTAINING TO THE PROPERTY. THIS SURVEY PLAT CONSTITUTES ONE OF THREE EXHIBITS TO THE
NOTICE PERTAINING TO THE BROWNFIELDS PROPERTY DEPICTED ON THIS PLAT AND RECORDED AT THE WAKE COUNTY REGISTER OF DEEDS' OFFICE. THE EXHIBITS TO THE NOTICE ARE: THE BROWNFIELDS AGREEMENT FOR THE SUBJECT PROPERTY WHICH IS
ATTACHED AS EXHIBIT 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-310.3S(E):
A. NO USE MAY BE MADE OF THE BROWNFIELDS PROPERTY OTHER THAN FOR OFFICE, OPEN SPACE, RECREATION, RETAIL, RESTAURANT, HIGH -DENSITY RESIDENTIAL, HOTEL, GROCERY, ASSOCIATED PARKING, AND SUBJECT TO DEQ'S PRIOR WRITTEN APPROVAL,
OTHER COMMERCIAL USES. FOR PURPOSES OF THIS RESTRICTION, THE FOLLOWING DEFINITIONS APPLY:
I. "OFFICE" IS DEFINED AS THE PROVISION OF BUSINESS OR PROFESSIONAL SERVICES.
II. "OPEN SPACE" IS DEFINED AS LAND MAINTAINED IN A NATURAL OR LANDSCAPED STATE AND USED FOR NATURAL RESOURCE PROTECTION, BUFFERS, GREENWAYS, OR DETENTION FACILITIES FOR STORM WATER.
III. "RECREATION" IS DEFINED AS INDOOR AND OUTDOOR EXERCISE -RELATED, PHYSICALLY FOCUSED, OR LEISURE -RELATED ACTIVITIES, WHETHER ACTIVE OR PASSIVE, AND THE FACILITIES FOR SAME, INCLUDING, BUT NOT LIMITED TO, STUDIOS,
SWIMMING POOLS, SPORTS -RELATED COURTS AND FIELDS, OPEN SPACE, GREENWAYS, PARKS, PLAYGROUNDS, WALKING PATHS, AND PICNIC AND PUBLIC GATHERING AREAS.
IV. "RETAIL" IS DEFINED AS THE SALE OF GOODS OR SERVICES, PRODUCTS, OR MERCHANDISE DIRECTLY TO THE CONSUMER OR BUSINESSES AND INCLUDES SHOWROOMS, PERSONAL SERVICE, AND THE SALES OF FOOD AND BEVERAGE PRODUCTS.
V. "RESTAURANT" IS DEFINED AS A COMMERCIAL BUSINESS ESTABLISHMENT THAT PREPARES AND SERVES FOOD AND BEVERAGES TO PATRONS.
VI. "HIGH DENSITY RESIDENTIAL" IS DEFINED AS PERMANENT DWELLINGS WHERE RESIDENTIAL UNITS ARE ATTACHED TO EACH OTHER WITH COMMON WALLS, SUCH AS CONDOMINIA, APARTMENTS, GROUP HOMES, DORMITORIES OR BOARDING
HOUSES, AND ANY PROPERTY OUTSIDE THE DWELLING STRUCTURES IS USABLE BY ALL RESIDENTS AND NOT PRIVATELY OWNED AS PART OF A PARTICULAR UNIT (E.G., PRIVATELY -OWNED COURTYARDS ARE PROHIBITED), AND MAY INCLUDE RELATED AMENITIES, SUCH
AS POOLS, CLUBHOUSES, COURTYARDS, COMMON AREAS, RECREATION AREAS AND PARKING GARAGES. SINGLE FAMILY HOMES ARE PROHIBITED; TOWNHOMES, DUPLEXES OR OTHER UNITS WITH YARDS ARE PROHIBITED UNLESS APPROVED IN WRITING BY DEQ IN
ADVANCE.
VII. "HOTEL" IS DEFINED AS THE PROVISION OF OVERNIGHT LODGING TO PAYING CUSTOMERS, AND TO ASSOCIATED FOOD SERVICES, GYM, RESERVATION, CLEANING, UTILITIES, PARKING AND ON -SITE HOSPITALITY, MANAGEMENT AND RECEPTION
SERVICES.
VIII. "GROCERY" IS DEFINED AS A RETAIL STORE THAT OFFERS NON-PERISHABLE FOOD PACKAGED IN BOTTLES, BOXES, AND CANS; PERISHABLE FOOD SUCH AS BAKED GOODS, MEATS, DELI PRODUCTS, AND FRESH PRODUCE; AND WHICH MAY SELL
NON-FOOD ITEMS, SUCH AS CLOTHING AND HOUSEHOLD ITEMS AND MAY PROVIDE PHARMACY, FINANCIAL, OR OTHER PERSONAL SERVICES.
IX. "PARKING" IS DEFINED AS THE TEMPORARY ACCOMMODATION OF MOTOR VEHICLES IN AN AREA DESIGNED FOR SAME.
X. "COMMERCIAL" IS DEFINED AS AN ENTERPRISE CARRIED ON FOR PROFIT OR NONPROFIT BY THE OWNER, LESSEE OR LICENSEE. FOR THE PURPOSES OF THIS AGREEMENT, THIS EXCLUDES USE AS A DRY CLEANER USING CHLORINATED SOLVENTS.
B. THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR CHILD CARE, ADULT CARE CENTERS OR SCHOOLS WITHOUT THE PRIOR WRITTEN APPROVAL OF DEQ.
C. PHYSICAL REDEVELOPMENT OF THE BROWNFIELDS PROPERTY MAY NOT OCCUR OTHER THAN IN ACCORD, AS DETERMINED BY DEC, WITH AN ENVIRONMENTAL MANAGEMENT PLAN ("EMP") APPROVED IN WRITING BY DEQ IN ADVANCE (AND REVISED TO
DEQ'S WRITTEN SATISFACTION PRIOR TO EACH SUBSEQUENT REDEVELOPMENT PHASE) THAT IS CONSISTENT WITH ALL THE OTHER LAND USE RESTRICTIONS AND DESCRIBES REDEVELOPMENT ACTIVITIES AT THE BROWNFIELDS PROPERTY, THE TIMING OF
REDEVELOPMENT PHASES, AND ADDRESSES HEALTH, SAFETY AND ENVIRONMENTAL ISSUES THAT MAY ARISE FROM USE OF THE BROWNFIELDS PROPERTY DURING CONSTRUCTION OR REDEVELOPMENT IN ANY OTHER FORM, INCLUDING WITHOUT LIMITATION:
I. SOIL AND WATER MANAGEMENT ISSUES, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM CONTAMINATION IDENTIFIED IN THE ENVIRONMENTAL REPORTS;
II. ISSUES RELATED TO POTENTIAL SOURCES OF CONTAMINATION REFERENCED IN EXHIBIT 2 TO THIS AGREEMENT;
III. CONTINGENCY PLANS FOR ADDRESSING, INCLUDING WITHOUT LIMITATION THE TESTING OF SOIL AND GROUNDWATER, NEWLY DISCOVERED POTENTIAL SOURCES OF ENVIRONMENTAL CONTAMINATION (E.G., LISTS, TANKS, DRUMS, SEPTIC DRAIN
FIELDS, OIL -WATER SEPARATORS, SOIL CONTAMINATION);
IV. CONTINGENCY PLANS RELATED TO SAMPLING AND MANAGING SOIL, GROUNDWATER AND SURFACE WATER RELATED TO THE INSTALLATION OR MAINTENANCE OF STORM WATER DRAIN LINES OR WALKING TRAILS; AND
V. PLANS FOR THE PROPER CHARACTERIZATION OF, AND, AS NECESSARY, DISPOSAL OF CONTAMINATED SOILS EXCAVATED DURING REDEVELOPMENT.
D. GROUNDWATER AT THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR ANY PURPOSE WITHOUT THE PRIOR WRITTEN APPROVAL OF DEQ.
E. NO ACTIVITY THAT DISTURBS SOIL ON THE BROWNFIELDS PROPERTY MAY OCCUR UNLESS AND UNTIL DEQ STATES IN WRITING, IN ADVANCE OF THE PROPOSED ACTIVITY, THAT SAID ACTIVITY MAY OCCUR IF CARRIED OUT ALONG WITH ANY MEASURES DEQ
DEEMS NECESSARY TO ENSURE THE BROWNFIELDS PROPERTY WILL BE SUITABLE FOR THE USES SPECIFIED IN SUBPARAGRAPH 15.A. ABOVE WHILE FULLY PROTECTING PUBLIC HEALTH AND THE ENVIRONMENT, EXCEPT:
I. IN CONNECTION WITH LANDSCAPE PLANTING TO DEPTHS NOT EXCEEDING 24INCHES;
11. MOWING AND PRUNING OF ABOVE -GROUND VEGETATION;
III. FOR REPAIR OF UNDERGROUND INFRASTRUCTURE, PROVIDED THAT DEQSHALL 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 THATANY RELATED ASSESSMENT AND REMEDIAL MEASURES REQUIRED BY DEQSHALL BE TAKEN AND;
IV. IN CONNECTION TO WORK CONDUCTED IN ACCORDANCE WITH A DEQ-APPROVED ENVIRONMENTAL MANAGEMENT PLAN (EMP) AS OUTLINED ABOVE IN SUBPARAGRAPH 15.C.
F. NO USE OF THE BROWNFIELDS PROPERTY MAY OCCUR UNTIL THE THEN OWNER OF THE BROWNFIELDS PROPERTY CONDUCTS REPRESENTATIVE FINAL GRADE SOIL SAMPLING PURSUANT TO A PLAN APPROVED IN WRITING BY DEQ OF
ANY AREA THAT IS NOT COVERED BY BUILDING FOUNDATIONS, SIDEWALKS, OR ASPHALTIC OR CONCRETE PARKING AREAS AND DRIVEWAYS.
G. SOIL MAY NOT BE REMOVED FROM, OR BROUGHT ONTO, THE BROWNFIELDS PROPERTY WITHOUT PRIOR SAMPLING AND ANALYSIS TO DEQ'S SATISFACTION AND THE WRITTEN APPROVAL OF DEC, UNLESS CONDUCTED IN ACCORDANCE WITH AN APPROVED
EMP AS OUTLINED ABOVE IN SUBPARAGRAPH 15.C.
H. 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 MANMADE
POINTS OF GROUNDWATER ACCESS AT THE BROWNFIELDS PROPERTY IN ACCORDANCE WITH SUBCHAPTER 2C OF TITLE 15A OF THE NORTH CAROLINA ADMINISTRATIVE CODE, UNLESS AN ALTERNATE SCHEDULE IS APPROVED BY DEQ. WITHIN 30 DAYS AFTER DOING
SO, THE PROSPECTIVE DEVELOPER SHALL PROVIDE DEQA REPORT, SETTING FORTH THE PROCEDURES AND RESULTS.
I. NO ENCLOSED BUILDING MAY BE CONSTRUCTED ON THE BROWNFIELDS PROPERTY AND NO EXISTING BUILDING, DEFINED AS THOSE DEPICTED ON THE PLAT COMPONENT OF THE NOTICE OF BROWNFIELDS PROPERTY REFERENCED IN PARAGRAPH 20 BELOW,
MAY BE OCCUPIED UNTIL DEQ DETERMINES IN WRITING THAT:
I. THE BUILDING IS OR WOULD BE PROTECTIVE OF THE BUILDING'S USERS, PUBLIC HEALTH AND THE ENVIRONMENT FROM RISK OF VAPOR INTRUSION BASED ON SITE ASSESSMENT DATA OR A SITE -SPECIFIC RISK ASSESSMENT APPROVED IN
WRITING BY DEQ
II. THE BUILDING IS OR WOULD BE SUFFICIENTLY DISTANT FROM THE BROWNFIELDS PROPERTY'S GROUNDWATER AND/OR SOIL CONTAMINATION BASED ON ASSESSMENT DATA APPROVED IN WRITING BY DEQTHATTHE BUILDING'S USERS, PUBLIC
HEALTH AND THE ENVIRONMENT WILL BE PROTECTED FROM RISK FROM VAPOR INTRUSION RELATED TO SAID CONTAMINATION; OR
III. VAPOR INTRUSION MITIGATION MEASURES ARE DESIGNED, INSTALLED, AND IMPLEMENTED IN A MANNER THAT WILL FULLY PROTECT PUBLIC HEALTH TO THE SATISFACTION OF A PROFESSIONAL ENGINEER LICENSED IN NORTH CAROLINA, AS
EVIDENCED BY SAID ENGINEER'S PROFESSIONAL SEAL ON A REPORT THAT INCLUDES PHOTOGRAPHS AND A DESCRIPTION OF THE INSTALLATION AND PERFORMANCE OF SAID MEASURES, AND TO DEQ. ANY DESIGN SPECIFICATION FOR VAPOR INTRUSION MITIGATION
MEASURES SHALL BE APPROVED IN WRITING BY DEQ IN ADVANCE OF INSTALLATION AND/OR IMPLEMENTATION OF SAID MEASURES. THE DESIGN SPECIFICATIONS SHALL INCLUDE METHODOLOGY(IES) FOR DEMONSTRATING PERFORMANCE OF SAID MEASURES.
J. SUBMITTED WITH THE LAND USE RESTRICTION UPDATE DESCRIBED BELOW IN SUBPARAGRAPH 1S.N. FOR AS LONG AS PHYSICAL REDEVELOPMENT OF THE BROWNFIELDS PROPERTY CONTINUES (EXCEPTTHAT THE FINAL DEADLINE SHALL FALL 90 DAYS AFTER
THE CONCLUSION OF PHYSICAL REDEVELOPMENT), THE THEN OWNER OF THE BROWNFIELDS PROPERTY SHALL PROVIDE DEQA REPORT SUBJECT TO WRITTEN DEQAPPROVAL ON ENVIRONMENT -RELATED ACTIVITIES SINCE THE LAST REPORT, WITH A SUMMARY AND
DRAWINGS, THAT DESCRIBES:
I. ACTIONS TAKEN ON THE BROWNFIELDS PROPERTY IN ACCORDANCE WITH SECTION V: WORK TO BE PERFORMED ABOVE;
II. SOIL GRADING AND CUT AND FILL ACTIONS;
III. METHODOLOGY(IES) EMPLOYED FOR FIELD SCREENING, SAMPLING AND LABORATORY ANALYSIS OF ENVIRONMENTAL MEDIA;
IV. STOCKPILING, CONTAINERIZING, DECONTAMINATING, TREATING, HANDLING, LABORATORY ANALYSIS AND ULTIMATE DISPOSITION OF ANY SOIL, GROUNDWATER OR OTHER MATERIALS SUSPECTED OR CONFIRMED TO BE CONTAMINATED WITH
REGULATED SUBSTANCES; AND
V. REMOVAL OF ANY CONTAMINATED SOIL, WATER OR OTHER CONTAMINATED MATERIALS (FOR EXAMPLE, CONCRETE, DEMOLITION DEBRIS) FROM THE BROWNFIELDS PROPERTY (COPIES OF ALL LEGALLY REQUIRED MANIFESTS SHALL BE INCLUDED).
K. NEITHER DEC, 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 DEC, MAYBE
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.
L. 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 ATO THE NOTICE OF
BROWNFIELDS PROPERTY RECORDED IN THE WAKE 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 MAYBE REDACTED TO THE EXTENT SAID REDACTIONS COMPLY WITH THE CONFIDENTIALITY AND TRADE SECRET PROVISIONS OF THE NORTH CAROLINA PUBLIC RECORDS LAW. THE
OWNER MAY USE THE FOLLOWING MECHANISMS TO COMPLY WITH THE OBLIGATIONS OF THIS PARAGRAPH: (1) IF EVERY LEASE AND RIDER IS IDENTICAL IN FORM, THE OWNER CONVEYING AN INTEREST MAY PROVIDE DEQ WITH COPIES OF A FORM LEASE OR RIDER
EVIDENCING COMPLIANCE WITH THIS PARAGRAPH, IN LIEU OF SENDING COPIES OF ACTUAL, EXECUTED LEASES, TO THE PERSONS LISTED IN SECTION XV (NOTICE AND SUBMISSIONS); OR (II) THE OWNER CONVEYING AN INTEREST MAY PROVIDE ABSTRACTS OF LEASES,
RATHER THAN FULL COPIES OF SAID LEASES, TO THE PERSONS LISTED IN SECTION XV.
M. NONE OF THE CONTAMINANTS KNOWN TO BE PRESENT IN THE ENVIRONMENTAL MEDIA AT THE BROWNFIELDS PROPERTY, AS DESCRIBED IN EXHIBIT 2 OF THIS AGREEMENT AND AS MODIFIED BY DEQ IN WRITING IF ADDITIONAL
CONTAMINANTS IN EXCESS OF APPLICABLE STANDARDS ARE DISCOVERED AT THE BROWNFIELDS PROPERTY, MAYBE USED OR STORED AT THE BROWNFIELDS PROPERTY WITHOUT THE PRIOR WRITTEN APPROVAL OF DEQ EXCEPT:
I. IN DE MINIMIS QUANTITIES FOR CLEANING AND OTHER ROUTINE HOUSEKEEPING AND MAINTENANCE ACTIVITIES;
II. AS CONSTITUENTS OF FUELS, LUBRICANTS AND OILS IN 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; OR
III. AS FUEL OR OTHER FLUIDS CUSTOMARILY USED IN VEHICLES, LANDSCAPING EQUIPMENT AND EMERGENCY GENERATORS.
N. DURING JANUARY OF EACH YEAR AFTER THE YEAR IN WHICH THE NOTICE REFERENCED BELOW IN PARAGRAPH 20 15 RECORDED, THE OWNER OF ANY PART OF THE BROWNFIELDS PROPERTY AS OF JANUARY 1ST OF THAT YEAR SHALL SUBMIT A NOTARIZED
LAND USE RESTRICTIONS UPDATE ("LURU") TO DEQ AND TO THE CHIEF PUBLIC HEALTH AND ENVIRONMENTAL OFFICIALS OF WAKE COUNTY, CERTIFYING THAT, AS OF SAID JANUARY 1ST, THE NOTICE OF BROWNFIELDS PROPERTY CONTAINING THESE LAND USE
RESTRICTIONS REMAINS RECORDED AT THE WAKE COUNTY REGISTER OF DEEDS OFFICE AND THAT THE LAND USE RESTRICTIONS ARE BEING COMPLIED WITH. THE SUBMITTED LURU SHALL STATE THE FOLLOWING:
I. THE NAME, MAILING ADDRESS, TELEPHONE AND FACSIMILE NUMBERS, AND CONTACT PERSON'S E-MAIL ADDRESS OF THE OWNER OR BOARD, ASSOCIATION OR APPROVED ENTITY SUBMITTING THE LURU IF SAID OWNER OR EACH OF THE OWNERS ON
WHOSE BEHALF THE JOINT LURU IS SUBMITTED ACQUIRED ANY PART OF THE BROWNFIELDS PROPERTY DURING THE PREVIOUS CALENDAR YEAR;
II. THE TRANSFEREE'S NAME, MAILING ADDRESS, TELEPHONE AND FACSIMILE NUMBERS, AND CONTACT PERSON'S E-MAIL ADDRESS, IF SAID OWNER TRANSFERRED ANY PART OF THE BROWNFIELDS PROPERTY DURING THE PREVIOUS CALENDAR;
III WHETHER ANY VAPOR BARRIER AND/OR MITIGATION SYSTEMS INSTALLED PURSUANT TO SUBPARAGRAPH 15.1.111. ABOVE ARE PERFORMING AS DESIGNED, AND WHETHER THE USES OF THE GROUND FLOORS OF ANY BUILDINGS CONTAINING SUCH
VAPOR BARRIER AND/OR MITIGATION SYSTEMS HAVE CHANGED, AND, IF SO, HOW.
IV. AJOINT LURU MAY BE SUBMITTED FOR MULTIPLE OWNERS BY A DULY CONSTITUTED BOARD OR ASSOCIATION AND SHALL INCLUDE THE NAME, MAILING ADDRESS, TELEPHONE AND FACSIMILE NUMBERS, AND CONTACT PERSON'S E-MAIL ADDRESS OF
THE ENTITY SUBMITTING THE JOINT LURU AS WELL AS FOR EACH OF THE OWNERS ON WHOSE BEHALF THE JOINT LURU IS SUBMITTED.
EXHIBIT B TO THE NOTICE OF BROWNFIELDS PROPERTY - SURVEY PLAT
OWNER: LAMBERT DEVELOPMENT SOUTH STREET II LLC
PROSPECTIVE DEVELOPER: LAMBERT DEVELOPMENT SOUTH STREET LLC
BROWNFIELDS PROJECT NO. 23006-19-092 - SOUTH STREET CONDOS - EAST
601 WEST SOUTH STREET
RALEIGH, INC 27603
TOWNSHIP: RALEIGH COUNTY: WAKE STATE: NORTH CAROLINA
WithersRavenel
Engineers I Planners I Surveyors
115 MacKenan Drive I Cary, NC 275111 t: 919.469.3340 1 license #: C-0832 1
www.withersravenel.com
PROJECT NO:201052.00 1 ZONE: NX-3-UL
P.I.N. 1703-46-2163
SHEET 2 OF 2

Exhibit C
Brownfields Project Name: South Street Condos — East
Brownfields Project Number: 23006-19-092
BEGINNING AT AN EXISTING IRON PIPE LOCATED IN THE NORTHWEST CORNER OF LOT 2 AND ON THE
SOUTHERN RIGHT OF WAY OF WEST SOUTH STREET, SAID IRON PIPE HAVING NC GRID COORDINATES
(NAD 83- 2011) OF N=736,221.46', E=2,104,167.05'; THENCE FROM SAID BEGINNING POINT ALONG THE
RIGHT OF WAY SOUTH 88°06'11" EAST 62.28 FEET TO AN EXISTING IRON PIPE; THENCE SOUTH 87°34'11"
EAST 151.68 FEET TO AN EXISTING IRON PIPE AT THE INTERSECTION OF WEST SOUTH STREET AND
SOUTH SAUNDERS STREET; THENCE SOUTH 01°48'57" WEST 8.84 FEET TO AN EXISTING IRON PIPE;
THENCE SOUTH 87°06'20" EAST 5.69 FEET TO AN EXISTING IRON PIPE; THENCE SOUTH 02°00'14" WEST
138.42 FEET TO AN AXLE; THENCE NORTH 87°46'43" WEST 157.66 FEET TO AN EXISTING IRON PIPE;
THENCE SOUTH 02°04'15" WEST 49.97 FEET TO AN EXISTING IRON ROD; THENCE NORTH 87°40'26"
WEST 62.85 FEET TO AN EXISTING IRON PIPE; THENCE NORTH 02°15'57" EAST 197.38 FEET TO THE
POINT AND PLACE OF BEGINNING CONTAINING 35,562 SQ. FT., 0.816 ACRES MORE OR LESS.

Exhibit 2
The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on January 29, 2018. The following tables set forth, for
contaminants present at the Brownfields Property above unrestricted use standards or screening
levels, the concentration found at each sample location, and the applicable standard or screening
level. Screening levels and Groundwater standards are shown for reference only and are not set
forth as cleanup levels for purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
the standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, (April 1, 2013 version):
Maximum
Groundwater
Sample
Date of
Concentration
Standard
Contaminant
Location
Sampling
Exceeding
(µg/L)
Standard /L
Benzene
MW-1
5/22/2017
18.7
1
TMW-4
12/14/2015
8.9
Tetrachloroeth lene
MW-1
5/22/2017
0.90
0.7
Trichloroethylene
MW-1
5/22/2017
59.4
3
GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are derived
from the Residential Vapor Intrusion Screening Levels of the Division of Waste Management
January 2021 version):
Groundwater
Concentration
Residential
Contaminant with
Sample
Date of
Exceeding
VI
Potential for Vapor
Location
Sampling
Screening
Screening
Intrusion
Levels
Level (µg/L)
/L
MW-1
5/22/2017
18.7
Benzene
1.6
TMW-4
12/14/2015
8.9
Eth lbenzene
TMW-4
12/14/2015
125
3.5
Trichloroeth lene
MW-1
5/22/2017
59.4
1
Xylenes, Total
TMW-4
12/14/2015
341
77
1 Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
23006-19-092/South Street Condos — East/20220513

SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Residential Health- Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section
(January 2021 version):
Soil
Contaminant
Sample
Location
Depth (ft)
Date of
Sampling
Maximum
Concentration
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Level (mg/kg)
Arsenic
BF-4
2-4
01/11/2018
1.09
0.68
BF-6
0.5-1.5
0.845J
BF-6
1-3
1.97J
BF-8
2-4
1.33J
BF-12
2-3
1.62J
BF-13
1-3
0.925J
RF-1
Unknown
2.33J
Benzo(a)pyrene
SW-19
8
01/16/2017
0.436
0.11
SW-26
02/03/2017
0.282
SW-41
02/15/2017
0.146 J
SW-46
0.182
Benzo(g,h,i)pyrene
SW-13
8
01/17/2017
0.0455 J
NS
SW-19
01/16/2017
0.205
SW-26
02/03/2017
0.254
SW-41
02/15/2017
0.102 J
SW-46
0.118 J
p-Isopropyltoluene
BF-13
4-5
1/11/2018
0.0734J
NS
Naphthalene
BF-6
0.5-1.5
01/11/2018
4.49
2.1
Phenanthrene
BF-6
0.5-1.5
1/11/2018
0.126J
NS
SW-13
8
01/17/2017
0.869 J
SW-19
01/16/2017
0.1811
SW-26
02/03/2017
0.597
SW-40
02/14/2017
0.0362 J
SW-41
02/15/2017
0.0424 J
SW-46
0.117
TPH, C5-C8
Ali hatics
SW-21
8
01/17/2017
334
110
23006-19-092/South Street Condos — East/20220513
2

Maximum
Concentration
Residential
Soil
Sample
Depth (ft)
Date of
Exceeding
Screening
Contaminant
Location
Sampling
Screening
Level (mg/kg)
Level
(mg/kg)
TPH, C8-C18
SW-21
8
01/17/2017
280.97J
20
Ali hatics
TPH, C9-C22
SW-39
8
02/14/2017
84.2
20
Aromatics
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NS — No screening level established
TPH — Total Petroleum Hydrocarbons
23006-19-092/South Street Condos — East/20220513