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HomeMy WebLinkAbout25054_Mt Gilead_Public Notice Packet 20220913 1141851 September 12, 2022 NC Brownfields Program Attention: Carolyn Minnich N.C. Department of Environmental Quality Division of Waste Management Via Email to Carolyn.minnich@ncdenr.gov Re: Public Notice for Mt. Gilead Cotton Oil Co., Brownfields Project Number 25054-21-062 Dear Ms. Minnich: The public notices have been delivered for the above Brownfields project. You will find included in this transmission:  Affidavit of publication of the SNI from the newspaper noting the publication date of September 7, 2022;  Photos of the SNI posted at the site, please note the notice was posted at two locations on the property and both a close up and distance photograph are shown of each location, the posting was completed on September 1, 2022;  Copies of the cover letters and mailing receipts stamped by the post office for notices to contiguous property owners, all dated September 2, 2022;  Delivery confirmation from FedEx confirming receipt of the full NI for each government entity and the public libraries where the documents are available for viewing, all delivered on September 2, 2022. Based on the delivery, posting, and publication dates, the public comment period began on September 8, 2022. We look forward to continuing to work with you through this process. Please let me know if you require any additional information. Regards, JOHNSTON, ALLISON & HORD, P.A. Amy Rickers Amy L. Rickers Attorney WRITER'S E-MAIL ADDRESS: arickers@jahlaw.com WRITER'S DIRECT DIAL: 704-998-2253 SUMMARY OF NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY Brownfields Property Name: Mt. Gilead Cotton Oil Co. Brownfields Project Number: 25054-21-062 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, Mt. Gilead DG, LLC, as Prospective Developer, has filed with the North Carolin Department of Environmental Quality (‘DEQ") a Notice of Intent to Redevelgp a Brownfields Property (“Brownfields Property”) located 299 Industry Avenu and 0 South Wadesboro Boulevard, Mount Gilead, Montgomery County. North of the Brownfields Property is a former industrial complex. According to Environmental Reports, the Brownfields Property was used for parking and storage related to activities at the adjacent Former Mt. Gilead Cotton Ol Company and the Russell-Harville Hosiery Mill since 1940. The brownfield property is 3.55 acres of undeveloped grassland with no structures. Enviror}- mental contamination exists on the Brownfields Property in soil, groundwat and soil vapor. Mt. Gilead DG, LLC has committed itself to redevelop the Brownfields Property for no uses other than retail, parking, warehousing, and subject to DEQ's prior written approval, other commercial uses. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposdd Brownfields Agreement between DEQ and Mt. Gilead DG, LLC, which in turn includes (a) a map showing the location of the Property, (b) a descrip- tion of the contaminants involved and their concentrations in the media of th 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 re- viewed at the Mt. Gilead Public Library at 113 W. Allenton St., Mt. Gilead, NC 27306, by contacting Cathy Johnson at 910-439-6651 or at the Troy Public Library at 215 West Main St., Troy, NC 27371, by contacting David Atkins at 910-572-1311 or david.atkins@srls.info; or at the offices of the N.{. Brownfields Program, 217 West Jones Street, Raleigh, NC or by contacting Shirley Liggins at that address, at shirley.liggins@ncdenr.gov, or at (919) 70 8383. 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 25054-21-062 into the search bar at the following web address: https://edocs.deq.nc.gov/WasteManagement/Welcome.aspx?dbid=0&repo= asteManagement 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 follow ing public notice tasks have occurred: the date this Notice is: (1) published a newspaper of general circulation serving the area in which the Brownfield 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 Septembe 7, 2022, and will end no sooner than the later of: 1) 30 and 21 days, respec] tively, 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 late than the date stated herein. All public comments and public meeting reques{s should be addressed as follows: Mr. Bruce Nicholsdn Brownfields Program Manager Division of Waste Management NC Department of Environmental Qualify 1646 Mail Service Centér Raleigh, North Carolina 27699-16: Certificate of Publication Montgomery County, North Carolina: Tammy Dunn, Editor of the Montgomery Herald, ¢ newspaper in Montgomery County, State of North Carolina being duly sworn, deposes and says that the Advertisement or Notice in the action entitled. SUMMARY OF NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY Brownfields Property Name: Mt. Gilead Cotton Qil Co. Brownfields Project Number: 25054-21-062 was Duly Published in the Montgomery Herald once a week for 1 week(s) beginning September 7, 2022 and ending September 7, 2022. Tammy Dunn, Pu US— publisher The Montgomery Herald Sworn to before me this the 9 day September, 2022. , Notary Public My commission expires _ 3-20-22 Rt AE AR Jussi + M BURRIS *. Watery Pubic, North Carolina TR V.onigomery County t4y Commission Expires September 20, 2022 ICA M BURRIS « Public, North Carolina lontgomery County My Commission Expires September 20,2022 JOHNSTON ALLISONHORD Amy L. Rickers Partner WRITER'S E-MAIL ADDRESS: arickers@jahlaw.com September 1, 2022 WRITER'S DIRECT DIAL: 704-998-2253 Via Certified Mail James Collins, Jr. Geraldine Collins PO Box 904 Mt. Gilead, NC 27306 Re: Notification of Brownfields Property Redevelopment Mt. Gilead Cotton Oil Co. Brownfields Project Number: 25054-21-062 Dear Sir/Madam: You are receiving this notice as an adjoining landowner to the Property located at 299 Industry Avenue and 0 South Wadesboro Boulevard, Mt. Gilead, North Carolina. Mt. Gilead DG, LLC is proposing redevelopment of this Property under the North Carolina Department of Environmental Quality (DEQ) Brownfields Program. By statute, the Prospective Developer is required to give adjoining landowners notice of the proposed project. Please find enclosed a copy of the Summary of Notice of Intent to Redevelop a Brownfields Property (SNI) for Brownfields Project Mt. Gilead Cotton Oil Co, Project Number 25054-21-062. Please note, additional information regarding the project is available from multiple sources as noted in the attached SNI. If you are not the current owner of the property that adjoins the Property addresses listed above, please contact me at 704-998-2253 so that I may contact the current owners. A copy of this notice will be provided to DEQ. Regards, ys P.A. Amy Rickers Enclosure 2 1065 East Morehead Street, Charlotte, NC 28204 ii MERITAS™ jahlaw.com AW FIRMS WORLDWIDE 4885-6997-0993 v.1 032829.9001 JOHNSTON ALLISONHORD Amy L. Rickers Partner WRITER'S E-MAIL ADDRESS: arickers@jahlaw.com September 1, 2022 WRITER'S DIRECT DIAL: 704-998-2253 Via Certified Mail James Collins, Jr. Geraldine Collins PO Box 904 Mt. Gilead, NC 27306 Re: Notification of Brownfields Property Redevelopment Mt. Gilead Cotton Oil Co. Brownfields Project Number: 25054-21-062 Dear Sir/Madam: You are receiving this notice as an adjoining landowner to the Property located at 299 Industry Avenue and 0 South Wadesboro Boulevard, Mt. Gilead, North Carolina. Mt. Gilead DG, LLC is proposing redevelopment of this Property under the North Carolina Department of Environmental Quality (DEQ) Brownfields Program. By statute, the Prospective Developer is required to give adjoining landowners notice of the proposed project. Please find enclosed a copy of the Summary of Notice of Intent to Redevelop a Brownfields Property (SNI) for Brownfields Project Mt. Gilead Cotton Oil Co, Project Number 25054-21-062. Please note, additional information regarding the project is available from multiple sources as noted in the attached SNI. If you are not the current owner of the property that adjoins the Property addresses listed above, please contact me at 704-998-2253 so that I may contact the current owners. A copy of this notice will be provided to DEQ. Regards, ys P.A. Amy Rickers Enclosure 2 1065 East Morehead Street, Charlotte, NC 28204 ii MERITAS™ jahlaw.com AW FIRMS WORLDWIDE 4885-6997-0993 v.1 032829.9001 U.S. Postal Service® CERTIFIED MAIL® RECEIPT Domestic Mail Only USPS® ARTICLE NUMBER | Certified Mail Fee $ Return Receipt (Hardcopy) $ {Refum Receipt (Electronic) $ Certed Mail Restricted Delivery $ Postage $ $ Total Postage and Fees Sent to: JAMES COLLINS, JR. | GERALDINE COLLINS \ POBOX 904 MOUNT GILEAD, NC 27306-0904 Reference Information : 032829.9001 (ALR/acs) PS Form 3800, Facsimile, July 2015 JOHNSTON ALLISONHORD Amy L. Rickers Partner WRITER'S E-MAIL ADDRESS: arickers@jahlaw.com September 1, 2022 WRITER'S DIRECT DIAL: 704-998-2253 Via Certified Mail Jordan Lumber & Supply, Inc. PO Box 98 Mt. Gilead, NC 27306 Re: Notification of Brownfields Property Redevelopment Mt. Gilead Cotton Oil Co. Brownfields Project Number: 25054-21-062 Dear Sir/Madam: You are receiving this notice as an adjoining landowner to the Property located at 299 Industry Avenue and 0 South Wadesboro Boulevard, Mt. Gilead, North Carolina. Mt. Gilead DG, LLC is proposing redevelopment of this Property under the North Carolina Department of Environmental Quality (DEQ) Brownfields Program. By statute, the Prospective Developer is required to give adjoining landowners notice of the proposed project. Please find enclosed a copy of the Summary of Notice of Intent to Redevelop a Brownfields Property (SNI) for Brownfields Project Mt. Gilead Cotton Oil Co, Project Number 25054-21-062. Please note, additional information regarding the project is available from multiple sources as noted in the attached SNI. If you are not the current owner of the property that adjoins the Property addresses listed above, please contact me at 704-998-2253 so that I may contact the current owners. A copy of this notice will be provided to DEQ. Regards, JOHNSTON, ALLISON & HORD, P.A. Amy Rickers Enclosure 1065 East Morehead Street, Charlotte, NC 28204 pd MERITAS jahlaw.com AVI FIRMS WORLDWIDE 4865-6037-5089 v | 032829 9001 U.S. Postal Service® CERTIFIED MAIL RECEIPT Domestic Mail Only USPS® ARTICLE NUMBER {Certified Mail Fee | Retum Receipt (Hardcopy) Certified Mail Restricted Delivery $ $ Retum Receipt (Electronic) $ $ [Postage $ $ Total Postage and Fees | Sent to: | JORDAN LUMBER & SUPPLY, INC. PO BOX 98 MOUNT GILEAD, NC 27306-0098 i Reference Information 032829.9001 (ALR/acs) PS Form 3800, Facsimile, July 2015 JOHNSTON ALLISONHORD Amy L. Rickers Partner WRITER'S E-MAIL ADDRESS: arickers@jahlaw.com September 1, 2022 WRITER'S DIRECT DIAL: 704-998-2253 Via Certified Mail Mutual Gin Co. PO Box 98 Mt. Gilead, NC 27306 Re: Notification of Brownfields Property Redevelopment Mt. Gilead Cotton Oil Co. Brownfields Project Number: 25054-21-062 Dear Sir/Madam: You are receiving this notice as an adjoining landowner to the Property located at 299 Industry Avenue and 0 South Wadesboro Boulevard, Mt. Gilead, North Carolina. Mt. Gilead DG, LLC is proposing redevelopment of this Property under the North Carolina Department of Environmental Quality (DEQ) Brownfields Program. By statute, the Prospective Developer is required to give adjoining landowners notice of the proposed project. Please find enclosed a copy of the Summary of Notice of Intent to Redevelop a Brownfields Property (SNI) for Brownfields Project Mt. Gilead Cotton Oil Co, Project Number 25054-21-062. Please note, additional information regarding the project is available from multiple sources as noted in the attached SNI. If you are not the current owner of the property that adjoins the Property addresses listed above, please contact me at 704-998-2253 so that I may contact the current owners. A copy of this notice will be provided to DEQ. Regards, JOHNSTON, ALLISON & HORD, P.A. Amy Rickers Enclosure 1065 East Morehead Street, Charlotte, NC 28204 TT MERITAS jahlaw.com LAW FIRMS WORLDWIDE 488R8-0714-5777 v.1 032829 9001 U.S. Postal Service® CERTIFIED MAIL®RECEIPT Domestic Mail Only USPS® ARTICLE NUMBER Certified Mail Fee ‘Retum Receipt (Hardcopy) Certified Mail Restricted Delivery $ $ Retum Receipt (Electronic) $ $ Postage $ $ Total Postage and Fees ! Sent to: ATK 128 MUTUAL GIN CO. & a PO BOX 98 | MOUNT GILEAD, NC 27306- oof 4 x2 It 032829.9001 (ALR/acs) PS Form 3800, Facsimile, July 2015 JOHNSTON ALLISONHORD Amy L. Rickers Partner WRITER'S E-MAIL ADDRESS: arickers@jahlaw.com September 1, 2022 WRITER'S DIRECT DIAL: 704-998-2253 Via Certified Mail Vincent Miller PO Box 1363 Mt. Gilead, NC 27306 Re: Notification of Brownfields Property Redevelopment Mt. Gilead Cotton Oil Co. Brownfields Project Number: 25054-21-062 Dear Sir/Madam: You are receiving this notice as an adjoining landowner to the Property located at 299 Industry Avenue and 0 South Wadesboro Boulevard, Mt. Gilead, North Carolina. Mt. Gilead DG, LLC is proposing redevelopment of this Property under the North Carolina Department of Environmental Quality (DEQ) Brownfields Program. By statute, the Prospective Developer is required to give adjoining landowners notice of the proposed project. Please find enclosed a copy of the Summary of Notice of Intent to Redevelop a Brownfields Property (SNI) for Brownfields Project Mt. Gilead Cotton Oil Co, Project Number 25054-21-062. Please note, additional information regarding the project is available from multiple sources as noted in the attached SNI. If you are not the current owner of the property that adjoins the Property addresses listed above, please contact me at 704-998-2253 so that I may contact the current owners. A copy of this notice will be provided to DEQ. Regards, JOHNSTON, ALLISON & HORD, P.A. Amy Rickers Enclosure 1065 East Morehead Street, Charlotte, NC 28204 pod MERITAS jahlaw.com 4866-0808-5291 v.1 AIEG33829.9001 U.S. Postal Service® CERTIFIED MAIL® RECEIPT Domestic Maj Only Certified Mail Fee $ — {Return Receipt (Hardcopy) $ 3.25 p SF —— 2) . Ix x. ream Receipt (Electronic) $ 0.00 ~ / 22 XA ) Pogimark |: Cored ll Restricted Delery § ~~ ae Vi 3 if J / Postage 0.57 N > Total Postage and Fees $ Sent to: VINCENT MILLER PO BOX 1363 MOUNT GILEAD, NC 27306-1363 1 | Reference Information —=fice Information . 032829.9001 (ALR/acs) JOHNSTON ALLISONHORD Amy L. Rickers Partner WRITER'S E-MAIL ADDRESS: arickers@jahlaw.com September 1, 2022 WRITER'S DIRECT DIAL: 704-998-2253 Via Certified Mail Elvis Floyd Collins PO Box 432 Mt. Gilead, NC 27306 Re: Notification of Brownfields Property Redevelopment Mt. Gilead Cotton Oil Co. Brownfields Project Number: 25054-21-062 Dear Sir/Madam: You are receiving this notice as an adjoining landowner to the Property located at 299 Industry Avenue and 0 South Wadesboro Boulevard, Mt. Gilead, North Carolina. Mt. Gilead DG, LLC is proposing redevelopment of this Property under the North Carolina Department of Environmental Quality (DEQ) Brownfields Program. By statute, the Prospective Developer is required to give adjoining landowners notice of the proposed project. Please find enclosed a copy of the Summary of Notice of Intent to Redevelop a Brownfields Property (SNI) for Brownfields Project Mt. Gilead Cotton Oil Co, Project Number 25054-21-062. Please note, additional information regarding the project is available from multiple sources as noted in the attached SNI. If you are not the current owner of the property that adjoins the Property addresses listed above, please contact me at 704-998-2253 so that I may contact the current owners. A copy of this notice will be provided to DEQ. Regards, JOHNSTON, ALLISON & HORD, P.A. Amy Rickers Enclosure 1065 East Morehead Street, Charlotte, NC 28204 mw MERITAS jahlaw.com AW FIRMS SURLDVIDE 4886-0837-5089 v.1 032829.9001 U.S. Postal Service® CERTIFIED MAIL® RECEIPT DJ) CRIN TINO) USPS® ARTICLE NUMBER {Certified Mail Fee $ Return Receipt (Hardcopy) $ {Return Receipt (Electronic) $ $ Certified Mail Restricted Delivery Postage Total Postage and Fees $ ! Sent to: ELVIS FLOYD COLLINS | POBOX 432 { MOUNT GILEAD, NC 27306-0432 Reference Information ] | 032829.9001 (ALR/acs) | | JOHNSTON ALLISONHORD Amy L. Rickers Partner WRITER'S E-MAIL ADDRESS: arickers@jahlaw.com September 1, 2022 WRITER'S DIRECT DIAL: 704-998-2253 Via Certified Mail Daniel Bruton Gail Bruton PO Box 801 Mt. Gilead, NC 27306 Re: Notification of Brownfields Property Redevelopment Mt. Gilead Cotton Oil Co. Brownfields Project Number: 25054-21-062 Dear Sir/Madam: You are receiving this notice as an adjoining landowner to the Property located at 299 Industry Avenue and 0 South Wadesboro Boulevard, Mt. Gilead, North Carolina. Mt. Gilead DG, LLC is proposing redevelopment of this Property under the North Carolina Department of Environmental Quality (DEQ) Brownfields Program. By statute, the Prospective Developer is required to give adjoining landowners notice of the proposed project. Please find enclosed a copy of the Summary of Notice of Intent to Redevelop a Brownfields Property (SNI) for Brownfields Project Mt. Gilead Cotton Oil Co, Project Number 25054-21-062. Please note, additional information regarding the project is available from multiple sources as noted in the attached SNI. If you are not the current owner of the property that adjoins the Property addresses listed above, please contact me at 704-998-2253 so that I may contact the current owners. A copy of this notice will be provided to DEQ. Regards, JOHNSTON, ALLISON & HORD, P.A. Amy Rickers Enclosure 1065 East Morehead Street, Charlotte, NC 28204 Tm ERITAS jahlaw.com AW FIRMS WORLOWIDE 4872-3598-5457 v. 1 0328299001 U.S. Postal Service® CERTIFIED MAIL°*RECEIPT Domestic Mail 01%; USPS® ARTICLE NUMBER [Certified Mail Fee $ 4.00 ry NS Retum Receipt (Hardcopy) $ 3.25 |, PSE Refum Receipt (Electronic) ~~ § 0.00 0) bo % Gertfied Mail Restricted Delivery § i \ 4 mark | ¢ 0.00 | \G) AS Postage $ N35 <5 220 Total Postage and Fees Sent to: DANIEL BRUTON GAIL BRUTON PO BOX 801 | MOUNT GILEAD, NC 27306-0801 i | Reference Information | 032829.9001 (ALR/acs) PS Form 3800, Facsimile, July 2015 JOHNSTON ALLISONHORD Amy L. Rickers Partner WRITER'S E-MAIL ADDRESS: arickers@jahlaw.com September 1, 2022 WRITER'S DIRECT DIAL: 704-998-2253 Via Certified Mail Burke Mont Corporation PO Box 98 Mt. Gilead, NC 27306 Re: Notification of Brownfields Property Redevelopment Mt. Gilead Cotton Oil Co. Brownfields Project Number: 25054-21-062 Dear Sir/Madam: You are receiving this notice as an adjoining landowner to the Property located at 299 Industry Avenue and 0 South Wadesboro Boulevard, Mt. Gilead, North Carolina. Mt. Gilead DG, LLC is proposing redevelopment of this Property under the North Carolina Department of Environmental Quality (DEQ) Brownfields Program. By statute, the Prospective Developer is required to give adjoining landowners notice of the proposed project. Please find enclosed a copy of the Summary of Notice of Intent to Redevelop a Brownfields Property (SNI) for Brownfields Project Mt. Gilead Cotton Oil Co, Project Number 25054-21-062. Please note, additional information regarding the project is available from multiple sources as noted in the attached SNI. If you are not the current owner of the property that adjoins the Property addresses listed above, please contact me at 704-998-2253 so that I may contact the current owners. A copy of this notice will be provided to DEQ. Regards, JOHNSTON, ALLISON & HORD, P.A. Amy Rickers Enclosure 1065 East Morehead Street, Charlotte, NC 28204 TT MERITAS jahlaw.com AVY FIRMS WORLDWIDE 4866-4819-3073 v.1 0328299001 U.S. Postal Service® CERTIFIED MAIL® RECEIPT Domestic Mail Only LOTR [oI M = NIV] V [=] (Certified Mail Fee Retum Receipt (Hardcopy) elm Receipt (Electronic) $ $ $ (Certified Mail Restricted Delivery $ Postage $ $ Total Postage and Fees | Sent to: BURKE MONT CORPORATION PO BOX 98 MOUNT GILEAD, NC 27306-0098 Reference Information 032829.9001 (ALR/acs) PS Form 3800, Facsimile, July 2015 JOHNSTON ALLISONHORD Amy L. Rickers Partner WRITER'S E-MAIL ADDRESS: arickers@jahlaw.com September 1, 2022 WRITER'S DIRECT DIAL: 704-998-2253 Via Certified Mail Irene, Inc. PO Box 98 Mt. Gilead, NC 27306 Re: Notification of Brownfields Property Redevelopment Mt. Gilead Cotton Oil Co. Brownfields Project Number: 25054-21-062 Dear Sir/Madam: You are receiving this notice as an adjoining landowner to the Property located at 299 Industry Avenue and 0 South Wadesboro Boulevard, Mt. Gilead, North Carolina. Mt. Gilead DG, LLC is proposing redevelopment of this Property under the North Carolina Department of Environmental Quality (DEQ) Brownfields Program. By statute, the Prospective Developer is required to give adjoining landowners notice of the proposed project. Please find enclosed a copy of the Summary of Notice of Intent to Redevelop a Brownfields Property (SNI) for Brownfields Project Mt. Gilead Cotton Oil Co, Project Number 25054-21-062. Please note, additional information regarding the project is available from multiple sources as noted in the attached SNI. If you are not the current owner of the property that adjoins the Property addresses listed above, please contact me at 704-998-2253 so that I may contact the current owners. A copy of this notice will be provided to DEQ. Regards, JOHNSTON, ALLISON & HORD, P.A. AR ~ Amy Rickers Enclosure vv 1065 East Morehead Street, Charlotte, NC 28204 7" MERITAS jahlaw.com LAY FIRMS WORLDWIDE 4886-9442-3601 v.1 032829.9001 U.S. Postal Service® CERTIFIED MAIL° RECEIPT Domestic Mail Only USPS® ARTICLE NUMBER certified Mail Fee $ Return Receipt (Hardcopy) $ .25 {Retum Receipt (Electronic) $ 00 oO o oO o oO Ww ob » fore Mail Restricted Delivery $ 00 \Vo * [oe § 0st | S250 Total Postage and Fees $ — Sent to: IRENE, INC. PO BOX 98 MOUNT GILEAD, NC 27306-0098 | | Reference Information 032829.9001 (ALR/acs) PS Form 3800, Facsimile, July 2015 JOHNSTON ALLISONHORD Amy L. Rickers Partner WRITER'S E-MAIL ADDRESS: arickers@jahlaw.com September 1, 2022 WRITER'S DIRECT DIAL: 704-998-2253 Via Certified Mail David H. Wilder P.O. Box 175 Mt. Gilead, NC 27306 Re: Notification of Brownfields Property Redevelopment Mt. Gilead Cotton Oil Co. Brownfields Project Number: 25054-21-062 Dear Sir/Madam: You are receiving this notice as an adjoining landowner to the Property located at 299 Industry Avenue and 0 South Wadesboro Boulevard, Mt. Gilead, North Carolina. Mt. Gilead DG, LLC is proposing redevelopment of this Property under the North Carolina Department of Environmental Quality (DEQ) Brownfields Program. By statute, the Prospective Developer is required to give adjoining landowners notice of the proposed project. Please find enclosed a copy of the Summary of Notice of Intent to Redevelop a Brownfields Property (SNI) for Brownfields Project Mt. Gilead Cotton Oil Co, Project Number 25054-21-062. Please note, additional information regarding the project is available from multiple sources as noted in the attached SNI. If you are not the current owner of the property that adjoins the Property addresses listed above, please contact me at 704-998-2253 so that I may contact the current owners. A copy of this notice will be provided to DEQ. Regards, JOHNSTON, ALLISON & HORD, P.A. OER Amy Rickers Enclosure 1065 East Morehead Street, Charlotte, NC 28204 im ERITAS jahlaw.com AW FIRMS WORLDVYIOE 4859-9276-7537 v 1 032829 9001 U.S. Postal Service® CERTIFIED MAIL®* RECEIPT Domestic Mail Only USPS" ARTICLE NUMBER Certified Mail Fee Return Receipt (Hardcopy) Certified Mail Restricted Delivery Postage [Total Postage and Fees Sent to: DAVID H. WILDER PO BOX 175 MOUNT GILEAD, NC 27306-0175 $ $ {Return Receipt (Electronic) $ $ $ $ i Reference Information 032829.9001 (ALR/acs) PS Form 3800, Facsimile, July 2015 JOHNSTON ALLISONHORD Amy L. Rickers Partner WRITER'S E-MAIL ADDRESS: arickers@jahlaw.com September 1, 2022 WRITER'S DIRECT DIAL: 704-998-2253 Via Certified Mail Larry G. Jacobs Faye L. Jacobs 5004 Red Willow Lane Matthews, NC 28104 Re: Notification of Brownfields Property Redevelopment Mt. Gilead Cotton Oil Co. Brownfields Project Number: 25054-21-062 Dear Sir/Madam: You are receiving this notice as an adjoining landowner to the Property located at 299 Industry Avenue and 0 South Wadesboro Boulevard, Mt. Gilead, North Carolina. Mt. Gilead DG, LLC is proposing redevelopment of this Property under the North Carolina Department of Environmental Quality (DEQ) Brownfields Program. By statute, the Prospective Developer is required to give adjoining landowners notice of the proposed project. Please find enclosed a copy of the Summary of Notice of Intent to Redevelop a Brownfields Property (SNI) for Brownfields Project Mt. Gilead Cotton Oil Co, Project Number 25054-21-062. Please note, additional information regarding the project is available from multiple sources as noted in the attached SNI. If you are not the current owner of the property that adjoins the Property addresses listed above, please contact me at 704-998-2253 so that I may contact the current owners. A copy of this notice will be provided to DEQ. Regards, JOHNSTON, ALLISON & HORD, P.A. Amy Rickers Enclosure 1065 East Morehead Street, Charlotte, NC 28204 REY ERITAS" jahlaw.com LAW FIRMS WORLDWIDE 4895-6513-4897 v.1 032829 9001 U.S. Postal Service® CERTIFIED MAIL® RECEIPT Domestic Mail (0)s1)% USPS® ARTICLE NUMBER Certified Mail Fee Retum Receipt (Hardcopy) Return Receipt (Electronic) Certified Mail Restricted Delivery © A HB en en pron Total Postage and Fees Sent to: LARRY G. JACOBS FAYE L. JACOBS 5004 RED WILLOW LN | MATTHEWS, NC 28104-6805 | | Reference Information —==fice Information 032829.9001 (ALR/acs) JOHNSTON ALLISONHORD Amy L. Rickers Partner WRITER'S E-MAIL ADDRESS: September 1 2022 arickers@jahlaw.com s WRITER'S DIRECT DIAL: 704-998-2253 Via Certified Mail Helen Devone Lee PO Box 1671 High Point, NC 27261 Re: Notification of Brownfields Property Redevelopment Mt. Gilead Cotton Oil Co. Brownfields Project Number: 25054-21-062 Dear Sir/Madam: You are receiving this notice as an adjoining landowner to the Property located at 299 Industry Avenue and 0 South Wadesboro Boulevard, Mt. Gilead, North Carolina. Mt. Gilead DG, LLC is proposing redevelopment of this Property under the North Carolina Department of Environmental Quality (DEQ) Brownfields Program. By statute, the Prospective Developer is required to give adjoining landowners notice of the proposed project. Please find enclosed a copy of the Summary of Notice of Intent to Redevelop a Brownfields Property (SNI) for Brownfields Project Mt. Gilead Cotton Oil Co, Project Number 25054-21-062. Please note, additional information regarding the project is available from multiple sources as noted in the attached SNI. If you are not the current owner of the property that adjoins the Property addresses listed above, please contact me at 704-998-2253 so that I may contact the current owners. A copy of this notice will be provided to DEQ. Regards, JOHNSTON, ALLISON & HORD, P.A. Amy Rickers Enclosure 1065 East Morehead Street, Charlotte, NC 28204 ME RITAS jahlaw.com AVY FIRMS WORLDWIDE 4880-6586-7825 v.1 032829.9001 U.S. Postal Service® CERTIFIED MAIL® RECEIPT Domestic Mail Only USPS” ARTICLE NUMBER tied Mail Fee Retum Receipt (Hardcopy) {Certified Mail Restricted Delivery Postage Total Postage and Fees | Sent to: HELEN DEVONE LEE I POBOX 1671 i HIGH POINT, NC 27261-1671 $ $ Retum Receipt (Electronic) $ $ $ $ i Reference Information 032829.9001 (ALR/acs) PS Form 3800, Facsimile, NIVIA-(e) JOHNSTON ALLISONHORD Amy L. Rickers Partner WRITER'S E-MAIL ADDRESS: arickers@jahlaw.com WRITER'S DIRECT DIAL: 704-998-2253 VIA FEDERAL EXPRESS September 1, 2022 Troy Library Attn: David Atkins 215 West Main Street Troy, North Carolina 27371 Re: Notice of Intent to Redevelop a Brownfields Property Redevelopment Mt. Gilead Cotton Oil Co. Brownfields Project Number: 25054-21-062 Dear Mr. Atkins: Please find enclosed two copies of the Notice of Intent to Redevelop a Brownfields Property (NI) for Brownfields Project Mt. Gilead Cotton Oil Co, Project Number 25054-21-062. The Prospective Developer, Mt. Gilead DG, LLC is required to place the NI on file at the local library for public viewing. The documents included herewith, to be on file with the NI, include the “Notice of Brownfields Property”, a proposed “Brownfields Agreement” a legal description of the property and a survey plat. As requested, I have included two copies of these information packets. 1 would appreciate your having one copy available at each the Troy Library and the Mt. Gilead Library where it may be viewed by the public. A copy of this correspondence will be provided to the North Carolina Department of Environmental Quality. Please kindly execute the next page of this document, acknowledging receipt and availability of the documents at the library locations so that such documentation can be provided to DEQ. You may return the page to me at arickers@jahlaw.com. 1065 East Morehead Street, Charlotte, NC 28204 TT ME RITAS jahlaw.com AW FIRMS WORLDWIDE 4883-3597-1888 v.1 0328299001 Troy Library September 1, 2022 Page 2 Please contact me at 704-998-2253 if you have any questions. Regards, JOHNSTON, ALLISON & HORD, P.A. Amy Rickers Enclosure I, David Atkins, hereby acknowledge receipt of two copies of the Notice of Intent to Redevelop a Brownfields Property and associated documents for: Brownfields Proeprty Name: Mt. Gilead Cotton Oil Co. Brownfields Project Number: 25054-21-062 A copy of these documents is being made available for public viewing at: Mt. Gilead Public Library 113 W. Allenton St. Mt. Gilead, NC 27306 And Troy Public Library 215 West Main Street Troy, NC 27371 ) David Atkins 002002 4883-3597-18R8 v | 0328299001 Stewart, Anita From: TrackingUpdates@fedex.com Sent: Friday, September 2, 2022 12:43 PM To: Stewart, Anita Subject: FedEx Shipment 777827745117: Your package has been delivered Caution: This message is from an external sender. Hi. Your package was delivered Fri, 09/02/2022 at 12:35pm. o—o—o— Delivered to 215 W MAIN ST, TROY, NC 27371 Received by M.DOGAS OBTAIN PROOF OF DELIVERY TRACKING NUMBER 777827745117 FROM Johnston, Allison & Hord, PA 1065 East Morehead Street Charlotte, NC, US, 28204 1 Stewart, Anita From:TrackingUpdates@fedex.com Sent:Friday, September 2, 2022 12:43 PM To:Stewart, Anita Subject:FedEx Shipment 777827745117: Your package has been delivered Caution: This message is from an external sender. Hi. Your package was delivered Fri, 09/02/2022 at 12:35pm. Delivered to 215 W MAIN ST, TROY, NC 27371 Received by M.DOGAS OBTAIN PROOF OF DELIVERY TRACKING NUMBER 777827745117 FROM Johnston, Allison & Hord, PA 1065 East Morehead Street Charlotte, NC, US, 28204 TO REFERENCE SHIPPER REFERENCE SHIP DATE DELIVERED TO PACKAGING TYPE ORIGIN DESTINATION SPECIAL HANDLING NUMBER OF PIECES TOTAL SHIPMENT WEIGHT SERVICE TYPE Troy Library David Atkins 215 West Main Street TROY, NC, US, 27371 32829.9001 (ALR/acs) 32829.9001 (ALR/acs) Thu 9/01/2022 04:49 PM Receptionist/Front Desk FedEx Envelope Charlotte, NC, US, 28204 TROY, NC, US, 27371 Deliver Weekday 1.00 LB FedEx Priority Overnight Get the FedEx® Mobile app Create shipments, receive tracking alerts, redirect packages to a FedEx retail location for pickup, and more from the palm of your hand - Download now. # Download on the « App Store GET ITON ® Google Play 2 TO Troy Library David Atkins 215 West Main Street TROY, NC, US, 27371 REFERENCE 32829.9001 (ALR/acs) SHIPPER REFERENCE 32829.9001 (ALR/acs) SHIP DATE Thu 9/01/2022 04:49 PM DELIVERED TO Receptionist/Front Desk PACKAGING TYPE FedEx Envelope ORIGIN Charlotte, NC, US, 28204 DESTINATION TROY, NC, US, 27371 SPECIAL HANDLING Deliver Weekday NUMBER OF PIECES 1 TOTAL SHIPMENT WEIGHT 1.00 LB SERVICE TYPE FedEx Priority Overnight Get the FedEx® Mobile app Create shipments, receive tracking alerts, redirect packages to a FedEx retail location for pickup, and more from the palm of your hand - Download now. JOHNSTON ALLISONHORD Amy L. Rickers Partner WRITER'S E-MAIL ADDRESS: arickers@jahlaw.com WRITER'S DIRECT DIAL: FEDERAL EXPRESS 704-998-2253 September 1, 2022 David E. Smith, Jr. Town Manager Mt. Gilead Town Hall 110 West Allentown Street PO Box 325 Mt. Gilead, North Carolina 27306 Re: Notice of Intent to Redevelop a Brownfields Property Redevelopment Mt. Gilead Cotton Oil Co. Brownfields Project Number: 25054-21-062 Dear Town Manager: I am writing to provide you with information regarding the redevelopment of Property located at 299 Industry Avenue and 0 South Wadesboro Boulevard, Mt. Gilead, North Carolina. Mt. Gilead DG, LLC is proposing redevelopment of this Property under the North Carolina Department of Environmental Quality (DEQ) Brownfields Program. By statute, the Prospective Developer is required to provide local government agencies with jurisdiction over the property the notice of the proposed project. Please find enclosed a copy of the Notice of Intent to Redevelop a Brownfields Property (NI) for Brownfields Project Mt. Gilead Cotton Oil Co, Project Number 25054- 21-062. A survey plat and legal description of the property is enclosed herewith. Information regarding the public comment period procedure is included in the NI as well. We appreciate your support of this project. Please contact me at 704-998-2253 if you have any questions. A copy of this notice will be provided to DEQ. Regards, JOHNSTON, ALLISON & HORD, P.A. Amy Rickers Enclosure 1065 East Morehead Street, Charlotte, NC 28204 TT MERITAS jahlaw.com AW FIRMS WORLDWIDE 488R.1NAY-T3AO Vv 1 032829.9001 Stewart, Anita From: TrackingUpdates@fedex.com Sent: Friday, September 2, 2022 11:44 AM To: Stewart, Anita Subject: FedEx Shipment 777827997040: Your package has been delivered Caution: This message is from an external sender. Hi. Your package was delivered Fri, 09/02/2022 at 11:37am. o—o—o— Delivered to 110 W ALLENTON ST, MT GILEAD, NC 27306 Received by H.HAITHCOCK OBTAIN PROOF OF DELIVERY TRACKING NUMBER 777827997040 FROM Johnston, Allison & Hord, PA 1065 East Morehead Street Charlotte, NC, US, 28204 1 Stewart, Anita From:TrackingUpdates@fedex.com Sent:Friday, September 2, 2022 11:44 AM To:Stewart, Anita Subject:FedEx Shipment 777827997040: Your package has been delivered Caution: This message is from an external sender. Hi. Your package was delivered Fri, 09/02/2022 at 11:37am. Delivered to 110 W ALLENTON ST, MT GILEAD, NC 27306 Received by H.HAITHCOCK OBTAIN PROOF OF DELIVERY TRACKING NUMBER 777827997040 FROM Johnston, Allison & Hord, PA 1065 East Morehead Street Charlotte, NC, US, 28204 TO REFERENCE SHIPPER REFERENCE SHIP DATE DELIVERED TO PACKAGING TYPE ORIGIN DESTINATION SPECIAL HANDLING NUMBER OF PIECES TOTAL SHIPMENT WEIGHT SERVICE TYPE Mt. Gilead Town Hall David E. Smith, Jr., Town Manager 110 West Allentown Street MT GILEAD, NC, US, 27306 32829.9001 (ALR/acs) 32829.9001 (ALR/acs) Thu 9/01/2022 04:49 PM Receptionist/Front Desk FedEx Envelope Charlotte, NC, US, 28204 MT GILEAD, NC, US, 27306 Deliver Weekday 0.50 LB FedEx Priority Overnight Get the FedEx® Mobile app Create shipments, receive tracking alerts, redirect packages to a FedEx retail location for pickup, and more from the palm of your hand - Download now. # Download on the « App Store GET ITON ® Google Play 2 TO Mt. Gilead Town Hall David E. Smith, Jr., Town Manager 110 West Allentown Street MT GILEAD, NC, US, 27306 REFERENCE 32829.9001 (ALR/acs) SHIPPER REFERENCE 32829.9001 (ALR/acs) SHIP DATE Thu 9/01/2022 04:49 PM DELIVERED TO Receptionist/Front Desk PACKAGING TYPE FedEx Envelope ORIGIN Charlotte, NC, US, 28204 DESTINATION MT GILEAD, NC, US, 27306 SPECIAL HANDLING Deliver Weekday NUMBER OF PIECES 1 TOTAL SHIPMENT WEIGHT 0.50 LB SERVICE TYPE FedEx Priority Overnight Get the FedEx® Mobile app Create shipments, receive tracking alerts, redirect packages to a FedEx retail location for pickup, and more from the palm of your hand - Download now. JOHNSTON ALLISONHORD Amy L. Rickers Partner WRITER'S E-MAIL ADDRESS: arickers@jahlaw.com WRITER'S DIRECT DIAL: VIA FEDERAL EXPRESS 704-998-2253 September 1, 2022 Mayor Beverly A. Harris Mt. Gilead Town Hall 110 West Allentown Street PO Box 325 Mt. Gilead, North Carolina 27306 Re: Notice of Intent to Redevelop a Brownfields Property Redevelopment Mt. Gilead Cotton Oil Co. Brownfields Project Number: 25054-21-062 Dear Mayor: I am writing to provide you with information regarding the redevelopment of Property located at 299 Industry Avenue and 0 South Wadesboro Boulevard, Mt. Gilead, North Carolina. Mt. Gilead DG, LLC is proposing redevelopment of this Property under the North Carolina Department of Environmental Quality (DEQ) Brownfields Program. By statute, the Prospective Developer is required to provide local government agencies with jurisdiction over the property the notice of the proposed project. Please find enclosed a copy of the Notice of Intent to Redevelop a Brownfields Property (NI) for Brownfields Project Mt. Gilead Cotton Oil Co, Project Number 25054- 21-062. A survey plat and legal description of the property is enclosed herewith. Information regarding the public comment period procedure is included in the NI as well. We appreciate your support of this project. Please contact me at 704-998-2253 if you have any questions. A copy of this notice will be provided to DEQ. Regards, JOHNSTON, ALLISON & HORD, P.A. ws Amy Rickers Enclosure 1065 East Morehead Street, Charlotte, NC 28204 ME RITAS" jahlaw.com AVY TIRMS WORLOWI0% 4889-1386-8080 v.1 032829.9001 Stewart, Anita From: TrackingUpdates@fedex.com Sent: Friday, September 2, 2022 11:44 AM To: Stewart, Anita Subject: FedEx Shipment 777827917991: Your package has been delivered Caution: This message is from an external sender. Hi. Your package was delivered Fri, 09/02/2022 at 11:37am. o—o—o— Delivered to 110 W ALLENTON ST, MT GILEAD, NC 27306 Received by H.HAITHCOCK OBTAIN PROOF OF DELIVERY TRACKING NUMBER 777827917991 FROM Johnston, Allison & Hord, PA 1065 East Morehead Street Charlotte, NC, US, 28204 1 Stewart, Anita From:TrackingUpdates@fedex.com Sent:Friday, September 2, 2022 11:44 AM To:Stewart, Anita Subject:FedEx Shipment 777827917991: Your package has been delivered Caution: This message is from an external sender. Hi. Your package was delivered Fri, 09/02/2022 at 11:37am. Delivered to 110 W ALLENTON ST, MT GILEAD, NC 27306 Received by H.HAITHCOCK OBTAIN PROOF OF DELIVERY TRACKING NUMBER 777827917991 FROM Johnston, Allison & Hord, PA 1065 East Morehead Street Charlotte, NC, US, 28204 TO REFERENCE SHIPPER REFERENCE SHIP DATE DELIVERED TO PACKAGING TYPE ORIGIN DESTINATION SPECIAL HANDLING NUMBER OF PIECES TOTAL SHIPMENT WEIGHT SERVICE TYPE Mt. Gilead Town Hall Mayor Beverly A. Harris 110 West Allentown Street MT GILEAD, NC, US, 27306 32829.9001 32829.9001 Thu 9/01/2022 04:49 PM Receptionist/Front Desk FedEx Envelope Charlotte, NC, US, 28204 MT GILEAD, NC, US, 27306 Deliver Weekday 0.50 LB FedEx Priority Overnight Get the FedEx® Mobile app Create shipments, receive tracking alerts, redirect packages to a FedEx retail location for pickup, and more from the palm of your hand - Download now. # Download on the « App Store GET ITON ® Google Play 2 TO Mt. Gilead Town Hall Mayor Beverly A. Harris 110 West Allentown Street MT GILEAD, NC, US, 27306 REFERENCE 32829.9001 SHIPPER REFERENCE 32829.9001 SHIP DATE Thu 9/01/2022 04:49 PM DELIVERED TO Receptionist/Front Desk PACKAGING TYPE FedEx Envelope ORIGIN Charlotte, NC, US, 28204 DESTINATION MT GILEAD, NC, US, 27306 SPECIAL HANDLING Deliver Weekday NUMBER OF PIECES 1 TOTAL SHIPMENT WEIGHT 0.50 LB SERVICE TYPE FedEx Priority Overnight Get the FedEx® Mobile app Create shipments, receive tracking alerts, redirect packages to a FedEx retail location for pickup, and more from the palm of your hand - Download now. FOLLOW FEDEX f vy © in ©? B® Ge [1 Please do not respond to this message. This email was sent from an unattended mailbox. This report was generated at approximately 10:43 AM CDT 09/02/2022. All weights are estimated. To track the latest status of your shipment, click on the tracking number above. Standard transit is the date and time the package is scheduled to be delivered by, based on the selected service, destination and ship date. Limitations and exceptions may apply. Please see the FedEx Service Guide for terms and conditions of service, including the FedEx Money-Back Guarantee, or contact your FedEx Customer Support representative. © 2022 Federal Express Corporation. The content of this message is protected by copyright and trademark laws under U.S. and international law. Review our privacy policy. All rights reserved. Thank you for your business. 3 FOLLOW FEDEX Please do not respond to this message. This email was sent from an unattended mailbox. This report was generated at approximately 10:43 AM CDT 09/02/2022. All weights are estimated. To track the latest status of your shipment, click on the tracking number above. Standard transit is the date and time the package is scheduled to be delivered by, based on the selected service, destination and ship date. Limitations and exceptions may apply. Please see the FedEx Service Guide for terms and conditions of service, including the FedEx Money-Back Guarantee, or contact your FedEx Customer Support representative. © 2022 Federal Express Corporation. The content of this message is protected by copyright and trademark laws under U.S. and international law. Review our privacy policy. All rights reserved. Thank you for your business. JOHNSTON ALLISONHORD Amy L. Rickers Partner WRITER'S E-MAIL ADDRESS: arickers@jahlaw.com WRITER'S DIRECT DIAL: 704-998-2253 VIA FEDERAL EXPRESS September 1, 2022 Franki Maness Montgomery County Manager PO Box 425 Troy, North Carolina 27371 Re: Notice of Intent to Redevelop a Brownfields Property Redevelopment Mt. Gilead Cotton Oil Co. Brownfields Project Number: 25054-21-062 Dear County Manager: I am writing to provide you with information regarding the redevelopment of Property located at 299 Industry Avenue and 0 South Wadesboro Boulevard, Mt. Gilead, North Carolina. Mt. Gilead DG, LLC is proposing redevelopment of this Property under the North Carolina Department of Environmental Quality (DEQ) Brownfields Program. By statute, the Prospective Developer is required to provide local government agencies with jurisdiction over the property the notice of the proposed project. Please find enclosed a copy of the Notice of Intent to Redevelop a Brownfields Property (NI) for Brownfields Project Mt. Gilead Cotton Oil Co, Project Number 25054- 21-062. A survey plat and legal description of the property is enclosed herewith. Information regarding the public comment period procedure is included in the NI as well. We appreciate your support of this project. Please contact me at 704-998-2253 if you have any questions. A copy of this notice will be provided to DEQ. Regards, JOHNSTON, ALLISON & HORD, P.A. Amy Rickers Enclosure had ) . 1065 East Morehead Street, Charlotte, NC 28204 Tin MERITAS™ jahlaw.com LAW FIRMS WORLDWIDE 4895-3639-4544 v.1 032829 9001 NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY Brownfields Property Name: Mt. Gilead Cotton Oil Co. Brownfields Project Number: 25054-21-062 North Carolina’s Brownfields Property Reuse Act (the “Act”), North Carolina General Statutes (“NCGS”) § 130A-310.30 through 130A-310.40, provides for the safe redevelopment of abandoned, idled, or underused properties at which expansion or redevelopment is hindered by actual or potential environmental contamination. One of the Act’s requirements is the submittal of this Notice of Intent to Redevelop a Brownfields Property (“NI”) that has been approved by the North Carolina Department of Environmental Quality (“DEQ”) for public notification purposes as per NCGS § 130A-310.34(a). The NI shall provide, to the extent known, a legal description of the location of the Brownfields Property, a map showing the location of the Brownfields Property, a description of the contaminants involved and their concentrations in the media of the Brownfields Property, a description of the intended future use of the Brownfields Property, any proposed investigation and remediation, and a proposed Notice of Brownfields Property (“NBP”) prepared in accordance with NCGS § 130A-310.35. The proposed NBP for a particular brownfields project is attached hereto. The proposed NBP includes the proposed Brownfields Agreement, which is attached as Exhibit A, and the other required elements of this NI. A Summary of this Notice of Intent (“SNI”) shall include a statement as to the public availability of the full NI. The party (“Prospective Developer”) who desires to enter into a Brownfields Agreement with DEQ must provide a full copy of this NI to all local governments having jurisdiction over the Brownfields Property. The Act requires a public comment period of at least 30 days. The first day of public comment is defined as the day after which all of the following public notice tasks have occurred: the date the required SNI is: (1) published in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2) conspicuously posted at the Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the Brownfields Property. Written public comments may be submitted to DEQ within 30 days after the public comment period begins. Written requests for a public meeting may be submitted to DEQ within 21 days after the public comment period begins. These periods will start no sooner than September 7, 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 Mt. Gilead Cotton Co./25054-21-06/20220829 Property Owner: Mt. Gilead DG, LLC Recorded in Book , Page Associated plat recorded in Plat Book , Page NOTICE OF BROWNFIELDS PROPERTY Brownfields Property Name: Mt. Gilead Cotton Oil Co. Brownfields Project Number: 25054-21-062 This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat component, have been filed this day of ,202__ by Mt. Gilead DG, 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 approximately 3.55 acres and is associated with Montgomery County Tax Parcel ID Numbers 6593-12-95-4641 and 6593-12-95-3728. The street address is 299 Industry Avenue and 0 South Wadesboro Boulevard, Mount Gilead. North of the Brownfields Property is a former industrial complex. Based on historical references, the Brownfields Property was used for parking and storage related to activities at the adjacent Mt. Gilead Cotton Oil Co/25054-21-062/20220824 Former Mt. Gilead Cotton Oil Company and the Russell-Harville Hosiery Mill since 1940. The Brownfields Property is currently vacant and has undeveloped grassland with no structures. The surrounding area is occupied by industrial, commercial, and residential uses. Prospective Developer has committed itself to redevelopment for no uses other than retail, parking, warehousing and subject to DEQ’s prior written approval, other commercial uses. Specifically, the redevelopment plan is for a Dollar General store with associated parking. The Brownfields Agreement between Prospective Developer and DEQ is attached hereto as Exhibit A. It is required by NCGS § 130A-310.32 and sets forth the use that may be made of the Brownfields Property and the measures to be taken to protect public health and the environment. The Brownfields Agreement’s Exhibit 2 consists of one or more data tables reflecting the concentrations of and other information regarding the Brownfields Property’s regulated substances and contaminants. Attached as Exhibit B to this Notice is a reduction, to 8.5 inches x 11 inches, of the survey plat component of this Notice. This plat shows areas designated by DEQ, has been prepared and certified by a professional land surveyor, meets the requirements of NCGS § 47-30, and complies with NCGS § 130A-310.35(a)’s requirement that the Notice identify: (1) The location and dimensions of the areas of potential environmental concern with respect to permanently surveyed benchmarks. (2) The type, location and quantity of regulated substances and contaminants known to exist on the Brownfields Property. Attached hereto as Exhibit C is a legal description of the Brownfields Property that would be sufficient as a description of the property in an instrument of conveyance. LAND USE RESTRICTIONS NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the current and future use of the Brownfields Property that are necessary or useful to maintain the level of protection appropriate for the designated current or future use of the Brownfields Property and that are designated in the Brownfields Agreement. The restrictions shall remain in force in perpetuity unless canceled by the Secretary of DEQ (or its successor in function), or his/her designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e). All references to DEQ shall be understood to include any successor in function. The land use restrictions below have been excerpted verbatim from paragraph 13 of the Brownfields Agreement, and all subparagraph letters/numbers are the same as those used in the Brownfields Agreement. The following land use restrictions are hereby imposed on the Brownfields Property: 13. By way of the Notice of Brownfields Property referenced below in paragraph 17, Prospective Developer shall impose the following land use restrictions under the Act, running with the land, to make the Brownfields Property suitable for the uses specified in this Agreement while fully protecting public health and the environment instead of remediation to unrestricted Mt. Gilead Cotton Oil Co/25054-21-062/20220824 use standards. Land Uses a. No use may be made of the Brownfields Property other than for retail, parking, warehousing and subject to DEQ’s prior written approval, other commercial uses. These land uses and their definitions below apply solely for purposes of this agreement, and do not waive any local zoning, rule, regulation, or permit requirements: i. Retail is defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service, open air markets, festivals, food halls, and the sales of food and beverage products, including from mobile establishments such as food trucks. ii. Parking is defined as the temporary accommodation of motor vehicles in an area designed for same. iii. Warehousing is defined as the use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others, and also refers to the storage of goods and materials for a specific commercial establishment of a group of establishments in a particular type of industry or commercial activity. iv. Commercial is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee, with the exception of educational space and childcare facilities. Specific Prohibitions b. The Brownfields Property may not be used for childcare centers, adult care centers, or schools without the prior written approval of DEQ. Environmental Management Plan c. Physical redevelopment of the Brownfields Property may not occur other than in accordance, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation: i. demolition of existing buildings, if applicable; ii. issues related to known or potential sources of contamination, including without limitation those resulting from contamination identified in subparagraph 13.a. above, and Exhibit 2; iii. contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil contamination); Mt. Gilead Cotton Oil Co/25054-21-062/20220824 iv. plans for the proper characterization and DEQ approval of both fill soil before import to the Brownfields Property and the disposition of all soil excavated from the Brownfields Property during redevelopment; and v. plans for the proper characterization and DEQ approval of both fill soil before import to the Brownfields Property and the disposition of all soil excavated from the Brownfields Property during redevelopment. Redevelopment Summary Report d. Within 90 days after each one-year anniversary of the effective date of this Agreement for as long as physical redevelopment of the Brownfields Property continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval on environment-related activities since the last report, with a summary and drawings, that describes: i. actions taken on the Brownfields Property in accordance with Section VI: Work to be Performed above; ii. soil grading and cut and fill actions; iii. methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media; iv. stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil, groundwater, or other materials suspected or confirmed to be contaminated with regulated substances; and v. removal of any contaminated soil, water, or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all legally required manifests shall be included) Groundwater e. Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ along with any measures DEQ deems necessary to ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 13.a. above while fully protecting public health and the environment. Should groundwater be encountered or exposed during any activity on the Brownfields Property, it shall be managed in accordance with the DEQ-approved EMP outlined in subparagraph 13.c., or a plan approved in writing in advance by DEQ. Soil 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. Unless otherwise approved by DEQ in writing after results of final grade soil sampling are received in accordance with subparagraph 13.f. above, 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 4 Mt. Gilead Cotton Oil Co/25054-21-062/20220824 deems necessary to ensure the Brownfields Property will be suitable for the uses specified in subparagraph 13.a. above while fully protecting public health and the environment, except: 1. in connection with landscape planting to depths not exceeding 24 inches; 2. mowing and pruning of above-ground vegetation; 3. 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 4. in connection to work conducted in accordance with a DEQ- approved Environmental Management Plan (EMP) as outlined in subparagraph 13.c. h. Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ, unless conducted in accordance with an approved EMP as outlined in subparagraph 13.c. Vapor Intrusion 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 17 below, may be occupied until DEQ determines in writing that: 1. the building is or would be protective of the building’s users and public health from the risk of vapor intrusion based on site assessment data, or a site-specific risk assessment approved in writing by DEQ; or 2. a vapor intrusion mitigation system (VIMS) has been: (1). designed to mitigate the intrusion of subsurface vapors into building features in accordance with the most recent and applicable DWM Vapor Intrusion Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American National Standards Institute (ANSI)/American Association of Radon Scientists and Technologists (AARST) standards, and that a professional engineer licensed in North Carolina, as evidenced by said engineer’s professional seal, is satisfied that the design is fully protective of public health, and shall include a performance monitoring plan detailing methodologies and schedule, both of which are subject to prior written DEQ approval; and (11). installed and an installation report is submitted for written DEQ approval that includes as-built diagrams, photographs, and a description of the installation, with said engineer’s professional seal confirming that the engineer is satisfied that the system was installed per the DEQ approved design. If any deviations from the system design were necessary during installation, then the report shall include details on said deviations, as well as the engineer’s seal certifying the VIMS, as installed, was installed in such a manner so as to be fully protective of public health. j. Unless waived in writing in advance by DEQ, no disturbance or alteration of the slab within the existing building footprint(s), as depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 17 below, may occur unless in accordance with a Mt. Gilead Cotton Oil Co/25054-21-062/20220824 DEQ-approved EMP, or unless in the case of emergency circumstances for repair of underground infrastructure, in which case DEQ shall be provided written notice no later than the next business day and any related assessment and remedial measures required by DEQ shall be taken. Property Access 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. Abandonment of Monitoring Wells 1. Within 60 days after the effective date of this Agreement or prior to land disturbance activities, whichever occurs first, Prospective Developer shall abandon all 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. Damage to Monitoring Wells m. The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants, the owner shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by DEQ in advance. Notification of Tenants n. Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: “This property is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Montgomery County land records, Book , Page .” A copy of any such instrument shall be sent to the persons listed in Section XVII (Notices and Submissions), though financial figures and other confidential information related to the conveyance may be redacted to the extent said redactions comply with the confidentiality and trade secret provisions of the North Carolina Public Records Law. The owner may use the following mechanisms to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form, the owner conveying an interest may provide DEQ with copies of a form lease or rider evidencing compliance with this subparagraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XVII (Notices and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XVII. Mt. Gilead Cotton Oil Co/25054-21-062/20220824 Separating Old from New Contamination 0. 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: 1. in de minimis quantities for cleaning and other routine housekeeping and maintenance activities; ii. as fuel or other fluids customarily used in vehicles, landscaping equipment and emergency generators. iii. as constituents of products and materials customarily used and stored in retail environments, provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable laws; iv. in products or materials that are brought onto the Brownfields Property, kept in their original packaging or containers (that is, not used or repackaged) and later removed from the Brownfields Property in the original packaging or containers. Land Use Restriction Update p. During January of each year after the year in which the Notice referenced below in paragraph 17 is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Montgomery County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Montgomery County Register of Deeds office and that the land use restrictions are being complied with. If the property is transferred, the grantor shall submit a LURU (as outlined above) which covers the period of time they owned the property. The submitted LURU shall state the following: i. the Brownfields Property address, and the name, mailing address, telephone number, and contact person’s e-mail address of the owner, or board, association or approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a joint LURU is submitted, acquired any part of the Brownfields Property during the previous calendar year; ii. the transferee’s name, mailing address, telephone number, and contact person’s e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is submitted, transferred any part of the Brownfields Property during the previous calendar year; iii. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 13.1. above are performing as designed, and whether the uses of the ground floors, including any tenant renovations, of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how, and under which precautions so as not to interfere with the operation of said system. iv. A LURU submitted for rental units shall include enough of each lease entered into during the previous calendar year to demonstrate compliance with lessee notification requirements in subparagraph 13.n. and paragraph 18 of this Agreement provided that if standard 7 Mt. Gilead Cotton Oil Co/25054-21-062/20220824 form leases are used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual leases. For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ Brownfields Property Management Unit referenced in subparagraph 32.a. of Exhibit A hereto, at the address stated therein. 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. Mt. Gilead Cotton Oil Co/25054-21-062/20220824 IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly executed this day of ,202 Mt. Gilead DG, LLC By: Tom C James Manager NORTH CAROLINA COUNTY I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Date: Official Signature of Notary (Official Seal) Notary’s printed or typed name, Notary Public My commission expires: ak sk ok sk ake ok sk ok sk ok sk ok sk ok sk ok sk ok sk ok sk ok sk ok sk ok ok sk ok sk ok sk ok ok ok Mt. Gilead Cotton Oil Co/25054-21-062/20220824 sf sk sk sk fe sk of ok of sk ok sk ok ok sk ok se ok sk sk ok ke ok sk ok sk ok sk ok ok ke sk ok okok ok APPROVAL AND CERTIFICATION OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY The foregoing Notice of Brownfields Property is hereby approved and certified. North Carolina Department of Environmental Quality By: Michael E. Scott Date Director, Division of Waste Management 10 Mt. Gilead Cotton Oil Co/25054-21-062/20220824 EXHIBIT A NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: Mt. Gilead DG, LLC UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re: BROWNFIELDS PROPERTY REUSE ACT ) Mt. Gilead Cotton Oil Co. OF 1997, NCGS § 130A-310.30, et seq. ) 299 Industry Ave & 0 South Wadesboro Blvd. Brownfields Project No. 25054-21-062 ) Mount Gilead, Montgomery County I. INTRODUCTION This Brownfields Agreement (“Agreement”) is entered into by the North Carolina Department of Environmental Quality (“DEQ”) and Mt. Gilead DG, LLC (collectively the "Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et seq. (the “Act”) for the property located at 299 Industry Avenue and 0 South Wadesboro Boulevard, Mount Gilead, Montgomery County (the “Brownfields Property”). A map showing the location of the Brownfields Property that is the subject of this Agreement is attached hereto as Exhibit 1. The Prospective Developer is Mt. Gilead DG, LLC, a North Carolina Limited Liability Company, headquartered 600 Green Valley Road, Suite 202, Greensboro, NC 27408. Its manager is Tom C. James, of the same address. The Parties agree to undertake all actions required by the terms and conditions of this Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and limitations contained in Section X (Certification), Section XI (DEQ’s Covenant Not to Sue and Reservation of Rights) and Section XII (Prospective Developer’s Covenant Not to Sue), the potential liability of Mt. Gilead DG, LLC for contaminants at the Brownfields Property. The Parties agree that Mt. Gilead DG, LLC entry into this Agreement, and the actions undertaken by Mt. Gilead DG, LLC in accordance with the Agreement, do not constitute an admission of any liability by Mt. Gilead DG, LLC for contaminants at the Brownfields Property. Mt. Gilead Cotton Oil Co/25054-21-062/20220830 The resolution of this potential liability, in exchange for the benefit Mt. Gilead DG, LLC shall provide to DEQ, is in the public interest. II. DEFINITIONS Unless otherwise expressly provided herein, terms used in this Agreement which are defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to them in those statutory provisions, including any amendments thereto. 1. “Brownfields Property” shall mean the property which is the subject of this Agreement, and which is depicted in Exhibit 1 to the Agreement. 2. “Prospective Developer” shall mean Mt. Gilead DG, LLC III. BROWNFIELDS PROPERTY INFORMATION SUMMARY 3. Relevant information about the history, ownership, and uses of the Brownfields Property is provided in the following summary table. Refer to the Exhibit 2 to this Agreement that presents data table(s) of the contaminants present at the Brownfields Property at concentrations above their applicable standards or screening levels for each media sampled. BROWNFIELDS PROPERTY INFORMATION SUMMARY Parcel Address(es) & 299 Industry Avenue & 0 South Wadesboro Boulevard Parcel IDs 6593-12-95-4641 & 6593-12-95-3728 Acreage 3.55 Current Property Owner Mt. Gilead DG, LLC Current Land Use(s) Vacant Site Vicinity Land Use(s Industrial, commercial, and residential uses Proposed Reed) Retail, parking, warehousing, and subject to DEQ’s prior written approval, other commercial uses Public Benefits of Reuse 3 ob Creation, Tax Bases Increases, Revitalization of blighted Existing Land Use Restrictions Prior to None Brownfields Agreement ENVIRONMENTAL INFORMATION SUMMARY | Contam. Operations & Industrial uses associated with Mt Gilead Cotton Oil C ontaminant Sources Company Mt. Gilead Cotton Oil Co/25054-21-062/20220830 ENVIRONMENTAL INFORMATION SUMMARY Contaminated Media Current Operations/Activities | Vacant Soil: limited soil assessment was conducted. No contaminants of concern were detected above Preliminary Soil Remediation Goals Industrial/Commercial Use January 2022. Groundwater: Tetrachloroethylene, trichloroethylene, vinyl chloride and lead were detected above NC 15A NCAC 2L Groundwater Quality Standards. Trichloroethylene was detected above its NC Vapor Intrusion Groundwater Screening Levels. Sub-Slab Soil Gas: Tetrachloroethylene was detected at concentrations exceeding its NC Non-Residential Soil Gas Screening Levels. ID Numbers/Permits Onsite Receptors Considered None On-site workers, construction workers, and visitors Potential Offsite Receptors Considered i. The NCBP Receptor Survey is on file. ii. Water supply wells: No water supply wells were identified within 1,500 feet of the property. Potential offsite migration pathways I Soil gas vapor samples indicate tetrachloroethylene above State screening levels. The source of contamination has not been fully assessed, but is likely from the adjacent former hosiery mill. Limited impacts were identified in the assessment reports for soil and groundwater. 4. Environmental reports regarding the Brownfields Property referred to hereinafter as the “Environmental Reports,” include, but are not limited to those that the Prospective Developer obtained or commissioned regarding the Brownfields Property: Title Report- Revision 2 Prepared by Date of Report Phase I Environmental Site Assessment . Proposed Dollar General Emerald, Inc. April 22, 2021 Phase II Environmental Site Assessment Bees, To May 17, 2021 Proposed Dollar General Brownfields Assessment Report, Rev 0 : Proposed Dollar General Emerald, dnc. Appi, 202 Hanley Vapor Intrusion Mitigation System Design Environmental, June 29, 2022 PLLC Mt. Gilead Cotton Oil Co/25054-21-062/20220830 IV. PROSPECTIVE DEVELOPER’S INVOLVEMENT 5. For purposes of this Agreement DEQ relies on Prospective Developer’s representations that Prospective Developer's involvement with the Brownfields Property has been limited to obtaining or commissioning the Environmental Reports, preparing and submitting to DEQ a Brownfields Property Application (BPA) dated July 15, 2021, and the following: a. On March 15, 2021, Prospective Developer contracted to purchase the Brownfields Property; b. On April 20, 2022, DEQ approved an Environmental Management Plan (EMP) required by paragraph 13.c. below; c. On July 5, 2022, DEQ approved Vapor Intrusion Mitigation System Design (VIMS) required by paragraph 13.i. below; and d. On July 8, 2022, the Prospective Developer purchased the Brownfields Property and began development of the same accordance with DEQ approved EMP and VIMS. 6. Prospective Developer has provided DEQ with information, or sworn certifications regarding that information on which DEQ relies for purposes of this Agreement, sufficient to demonstrate that: a. Prospective Developer and any parent, subsidiary, or other affiliate has substantially complied with federal and state laws, regulations and rules for protection of the environment, and with the other agreements and requirements cited at NCGS § 130A-310.32(a)(1); b. As a result of the implementation of this Agreement, the Brownfields Property will be suitable for the uses specified in the Agreement while fully protecting public health and the environment; c. Prospective Developer's reuse of the Brownfields Property will produce a public Mt. Gilead Cotton Oil Co/25054-21-062/20220830 benefit commensurate with the liability protection provided Prospective Developer hereunder; d. Prospective Developer has or can obtain the financial, managerial, and technical means to fully implement this Agreement and assure the safe use of the Brownfields Property; and e. Prospective Developer has complied with all applicable procedural requirements. 7. The Parties agree that a $30,000 “Redevelopment Now” fee Prospective Developer has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A- 310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and the North Carolina Department of Justice of all activities related to this Agreement, unless a change is sought to a Brownfields document after it is in effect, in which case there shall be an additional fee of at least $1,000. V. BENEFIT TO COMMUNITY 8. The redevelopment of the Brownfields Property proposed herein would provide the following public benefits: a. areturn to productive use and elimination of the drawbacks of unoccupied property of the Brownfields Property; b. a spur to additional community investment and redevelopment, through improved neighborhood appearance and otherwise; c. the creation of approximately 250 construction jobs during redevelopment and 7 full-time jobs after redevelopment is completed; d. an increase in tax revenue for affected jurisdictions; e. additional retail space for the area; VI. WORK TO BE PERFORMED 9. The guidelines as embodied in their most current version, including parameters, principles Mt. Gilead Cotton Oil Co/25054-21-062/20220830 and policies within which the desired results are to be accomplished are (as to: field procedures, laboratory testing, Brownfields Program requirements, and remedial or mitigation measures): a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section; b. the Division of Waste Management Vapor Intrusion Guidance; c. the Brownfields Program Assessment Work Plan Checklist; and d. the Brownfields Survey Plat Checklist. 10. In redeveloping the Brownfields Property, Prospective Developer shall make reasonable efforts to evaluate applying sustainability principles at the Brownfields Property, using the nine (9) credit categories incorporated into the U.S. Green Building Council Leadership in Energy and Environmental Design (LEED) certification program (Integrative Process, Location and Transportation, Sustainable Sites, Water Efficiency, Energy & Atmosphere, Materials & Resources, Indoor Environmental Quality, Innovation, and Regional Priority), or a similar program. 11. Based on the information in the Environmental Reports, other available reports, and subject to imposition of and compliance with the land use restrictions set forth below, and subject to Section XI of this Agreement (DEQ’s Covenant Not to Sue and Reservation of Rights), DEQ is not requiring Prospective Developer to perform any active remediation at the Brownfields Property other than remediation that may be required pursuant to a DEQ-approved Environmental Management Plan (EMP) as specified in subparagraph 13.c. below. The EMP was approved by DEQ in April 2022. 12. Based on the type and concentrations of impacts to soil gas, soil, and groundwater detected during assessment activities as outlined in paragraphs 3 and 4 above, vapor intrusion exposure may present a risk to future site occupants for proposed uses as specified in subparagraph 13.a. below. On July 5, 2022, a Vapor Intrusion Mitigation System Design Plan as outlined in Mt. Gilead Cotton Oil Co/25054-21-062/20220830 subparagraph 13.i. below was approved by DEQ. VII. LAND USE RESTRICTIONS 13. By way of the Notice of Brownfields Property referenced below in paragraph 17, Prospective Developer shall impose the following land use restrictions under the Act, running with the land, to make the Brownfields Property suitable for the uses specified in this Agreement while fully protecting public health and the environment instead of remediation to unrestricted use standards. Land Uses a. No use may be made of the Brownfields Property other than for retail, parking, warehousing and subject to DEQ’s prior written approval, other commercial uses. These land uses and their definitions below apply solely for purposes of this agreement, and do not waive any local zoning, rule, regulation, or permit requirements: i. Retail is defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service, open air markets, festivals, food halls, and the sales of food and beverage products, including from mobile establishments such as food trucks. ii. Parking is defined as the temporary accommodation of motor vehicles in an area designed for same. iii. Warehousing is defined as the use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others, and also refers to the storage of goods and materials for a specific commercial establishment of a group of establishments in a particular type of industry or commercial activity. iv. Commercial is defined as an enterprise carried on for profit or nonprofit by Mt. Gilead Cotton Oil Co/25054-21-062/20220830 the owner, lessee or licensee, with the exception of educational space and childcare facilities. Specific Prohibitions b. The Brownfields Property may not be used for childcare centers, adult care centers, or schools without the prior written approval of DEQ. Environmental Management Plan c. Physical redevelopment of the Brownfields Property may not occur other than in accordance, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation: i. demolition of existing buildings, if applicable; ii. issues related to known or potential sources of contamination, including without limitation those resulting from contamination identified in subparagraph 13.a. above, and Exhibit 2; iii. contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil contamination); iv. plans for the proper characterization and DEQ approval of both fill soil before import to the Brownfields Property and the disposition of all soil excavated from the Brownfields Property during redevelopment; and v. plans for the proper characterization and DEQ approval of both fill soil Mt. Gilead Cotton Oil Co/25054-21-062/20220830 before import to the Brownfields Property and the disposition of all soil excavated from the Brownfields Property during redevelopment. Redevelopment Summary Report d. Within 90 days after each one-year anniversary of the effective date of this Agreement for as long as physical redevelopment of the Brownfields Property continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval on environment-related activities since the last report, with a summary and drawings, that describes: i. actions taken on the Brownfields Property in accordance with Section VI: Work to be Performed above; ii. soil grading and cut and fill actions; iii. methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media; iv. stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil, groundwater, or other materials suspected or confirmed to be contaminated with regulated substances; and v. removal of any contaminated soil, water, or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all legally required manifests shall be included) Groundwater e. Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ along with any measures DEQ deems necessary to ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 13.a. above while fully Mt. Gilead Cotton Oil Co/25054-21-062/20220830 protecting public health and the environment. Should groundwater be encountered or exposed during any activity on the Brownfields Property, it shall be managed in accordance with the DEQ- approved EMP outlined in subparagraph 13.c., or a plan approved in writing in advance by DEQ. Soil 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. Unless otherwise approved by DEQ in writing after results of final grade soil sampling are received in accordance with subparagraph 13.f. above, no activity that disturbs soil on the Brownfields Property, may occur unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in subparagraph 13.a. above while fully protecting public health and the environment, except: 1. in connection with landscape planting to depths not exceeding 24 inches; 2. mowing and pruning of above-ground vegetation; 3. 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 4. in connection to work conducted in accordance with a DEQ- approved Environmental Management Plan (EMP) as outlined in subparagraph 13.c. h. Soil may not be removed from, or brought onto, the Brownfields Property without 10 Mt. Gilead Cotton Oil Co/25054-21-062/20220830 prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ, unless conducted in accordance with an approved EMP as outlined in subparagraph 13.c. Vapor Intrusion 1. No enclosed building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 17 below, may be occupied until DEQ determines in writing that: 1. the building is or would be protective of the building’s users and public health from the risk of vapor intrusion based on site assessment data, or a site-specific risk assessment approved in writing by DEQ); or 2. a vapor intrusion mitigation system (VIMS) has been: (1). designed to mitigate the intrusion of subsurface vapors into building features in accordance with the most recent and applicable DWM Vapor Intrusion Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American National Standards Institute (ANSI)/American Association of Radon Scientists and Technologists (AARST) standards, and that a professional engineer licensed in North Carolina, as evidenced by said engineer’s professional seal, is satisfied that the design is fully protective of public health, and shall include a performance monitoring plan detailing methodologies and schedule, both of which are subject to prior written DEQ approval; and (ii). installed and an installation report is submitted for written DEQ approval that includes as-built diagrams, photographs, and a description of the installation, with said engineer’s professional seal confirming that the engineer is satisfied that the system was installed per the DEQ approved design. If any deviations from the system design were necessary during installation, then the report shall include details on said deviations, as well as the engineer’s seal 11 Mt. Gilead Cotton Oil Co/25054-21-062/20220830 certifying the VIMS, as installed, was installed in such a manner so as to be fully protective of public health. j- Unless waived in writing in advance by DEQ, no disturbance or alteration of the slab within the existing building footprint(s), as depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 17 below, may occur unless in accordance with a DEQ-approved EMP, or unless in the case of emergency circumstances for repair of underground infrastructure, in which case DEQ shall be provided written notice no later than the next business day and any related assessment and remedial measures required by DEQ shall be taken. Property Access 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. Abandonment of Monitoring Wells 1. Within 60 days after the effective date of this Agreement or prior to land disturbance activities, whichever occurs first, Prospective Developer shall abandon all 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. Damage to Monitoring Wells m. The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or 12 Mt. Gilead Cotton Oil Co/25054-21-062/20220830 its tenants, the owner shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by DEQ in advance. Notification of Tenants n. Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: “This property is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Montgomery County land records, Book , Page .” A copy of any such instrument shall be sent to the persons listed in Section XVII (Notices and Submissions), though financial figures and other confidential information related to the conveyance may be redacted to the extent said redactions comply with the confidentiality and trade secret provisions of the North Carolina Public Records Law. The owner may use the following mechanisms to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form, the owner conveying an interest may provide DEQ with copies of a form lease or rider evidencing compliance with this subparagraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XVII (Notices and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XVII. Separating Old from New Contamination 0. 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: 13 Mt. Gilead Cotton Oil Co/25054-21-062/20220830 i. in de minimis quantities for cleaning and other routine housekeeping and maintenance activities; ii. as fuel or other fluids customarily used in vehicles, landscaping equipment and emergency generators. iii. as constituents of products and materials customarily used and stored in retail environments, provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable laws; iv. in products or materials that are brought onto the Brownfields Property, kept in their original packaging or containers (that is, not used or repackaged) and later removed from the Brownfields Property in the original packaging or containers. Land Use Restriction Update p. During January of each year after the year in which the Notice referenced below in paragraph 17 is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Montgomery County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Montgomery County Register of Deeds office and that the land use restrictions are being complied with. If the property is transferred, the grantor shall submit a LURU (as outlined above) which covers the period of time they owned the property. The submitted LURU shall state the following: | i. the Brownfields Property address, and the name, mailing address, telephone number, and contact person’s e-mail address of the owner, or board, association or approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a joint LURU is submitted, acquired any part of the Brownfields Property during the previous calendar year; 14 Mt. Gilead Cotton Oil Co/25054-21-062/20220830 ii. the transferee’s name, mailing address, telephone number, and contact person’s e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is submitted, transferred any part of the Brownfields Property during the previous calendar year; iii. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 13.1. above are performing as designed, and whether the uses of the ground floors, including any tenant renovations, of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how, and under which precautions so as not to interfere with the operation of said system. iv. A LURU submitted for rental units shall include enough of each lease entered into during the previous calendar year to demonstrate compliance with lessee notification requirements in subparagraph 13.n. and paragraph 18 of this Agreement provided that if standard form leases are used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual leases. 14. The desired result of the above-referenced land use restrictions is to make the Brownfields Property suitable for the uses specified in this Agreement while fully protecting public health and the environment. 15. The consequence of achieving the desired results will be that the Brownfields Property will be suitable for the uses specified in the Agreement while fully protecting public health and the environment. The consequence of not achieving the desired results will be that modifications to land use restrictions and/or remediation in some form may be necessary to fully protect public health and/or the environment. VIII. ACCESS/NOTICE TO SUCCESSORS IN INTEREST 16. In addition to providing access to the Brownfields Property pursuant to subparagraph 13.j. above, Prospective Developer shall provide DEQ, its authorized officers, employees, 15 Mt. Gilead Cotton Oil Co/25054-21-062/20220830 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. 17. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields Property (“Notice”) for the Brownfields Property containing, inter alia, the land use restrictions set forth in Section VI (Work to Be Performed) of this Agreement and a survey plat of the Brownfields Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date of this Agreement, Prospective Developer shall file the Notice in the Montgomery County, North Carolina, Register of Deeds’ Office. Within three (3) days thereafter, Prospective Developer shall furnish DEQ a copy of the documentary component of the Notice containing a certification by the register of deeds as to the Book and Page numbers where both the documentary and plat components of the Notice are recorded, and a copy of the plat with notations indicating its recordation. 18. This Agreement shall be attached as Exhibit A to the Notice. Subsequent to recordation of said Notice, any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: “This property is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Montgomery County land records, 16 Mt. Gilead Cotton Oil Co/25054-21-062/20220830 Book , Page .” A copy of any such instrument shall be sent to the persons listed in Section XVII (Notices and Submissions), though financial figures and other confidential information related to the conveyance may be redacted to the extent said redactions comply with the confidentiality and trade secret provisions of the North Carolina Public Records Law. Prospective Developer may use the following mechanisms to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form, Prospective Developer may provide DEQ with copies of a form lease or rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XVII (Notices and Submissions); or (ii) Prospective Developer may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XVII. 19. The Prospective Developer shall ensure that a copy of this Agreement is provided to any current lessee or sublessee on the Brownfields Property within seven days of the effective date of this Agreement. IX. DUE CARE/COOPERATION 20. The Prospective Developer shall exercise due care at the Brownfields Property with respect to the manner in which regulated substances are handled at the Brownfields Property and shall comply with all applicable local, State, and federal laws and regulations. The Prospective Developer agrees to cooperate fully with any assessment or remediation of the Brownfields Property by DEQ and further agrees not to interfere with any such assessment or remediation. In the event the Prospective Developer becomes aware of any action or occurrence which causes or threatens a release of contaminants at or from the Brownfields Property, the Prospective Developer shall immediately take all appropriate action to prevent, abate, or minimize such release or threat of release, shall comply with any applicable notification requirements under NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any other law, and shall immediately 17 Mt. Gilead Cotton Oil Co/25054-21-062/20220830 notify the DEQ Official referenced in subparagraph 32.a. below of any such required notification. X. CERTIFICATION 21. By entering into this Agreement, the Prospective Developer certifies that, without DEQ approval, it will make no use of the Brownfields Property other than that committed to in the Brownfields Property Application dated July 15, 2021, and additional information submitted on June 22,2021, by which it applied for this Agreement. That use is that which is provided in subparagraph 13.a. of this Agreement. Prospective Developer also certifies that to the best of its knowledge and belief it has fully and accurately disclosed to DEQ all information known to Prospective Developer and all information in the possession or control of its officers, directors, employees, contractors and agents which relates in any way to any past use of regulated substances or known contaminants at the Brownfields Property and to its qualification for this Agreement, including the requirement that it not have caused or contributed to the contamination at the Brownfields Property. XI. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS 22. Unless any of the following apply, Prospective Developer shall not be liable to DEQ, and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields Property except as specified in this Agreement: a. The Prospective Developer fails to comply with this Agreement. b. The activities conducted on the Brownfields Property by or under the control or direction of the Prospective Developer increase the risk of harm to public health or the environment, in which case Prospective Developer shall be liable for remediation of the areas of the Brownfields Property, remediation of which is required by this Agreement, to the extent necessary to eliminate such risk of harm to public health or the environment. c. A land use restriction set out in the Notice of Brownfields Property required under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields Property, 18 Mt. Gilead Cotton Oil Co/25054-21-062/20220830 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 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 19 Mt. Gilead Cotton Oil Co/25054-21-062/20220830 range and in a manner or to a degree not anticipated in this Agreement. h. The Prospective Developer fails to file a timely and proper Notice of Brownfields Property under NCGS § 130A-310.35. 23. Except as may be provided herein, DEQ reserves its rights against Prospective Developer as to liabilities beyond the scope of the Act. 24. This Agreement does not waive any applicable requirement to obtain a permit, license or certification, or to comply with any and all other applicable law, including the North Carolina Environmental Policy Act, NCGS § 113A-1, et seq. 25. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and any statutory limitations in paragraphs 22 through 24 above, apply to all of the persons listed in NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent as Prospective Developer, so long as these persons are not otherwise potentially responsible parties or parents, subsidiaries, or affiliates of potentially responsible parties. XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE 26. In consideration of DEQ’s Covenant Not To Sue in Section XI of this Agreement and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the Prospective Developer hereby covenants not to sue and not to assert any claims or causes of action against DEQ, its authorized officers, employees, or representatives with respect to any action implementing the Act, including negotiating, entering, monitoring or enforcing this Agreement or the above-referenced Notice of Brownfields Property. XIII. PARTIES BOUND 27. This Agreement shall apply to and be binding upon DEQ, and on the Prospective Developer, its officers, directors, employees, and agents. Each Party’s signatory to this Agreement represents that she or he is fully authorized to enter into the terms and conditions of this Agreement 20 Mt. Gilead Cotton Oil Co/25054-21-062/20220830 and to legally bind the Party for whom she or he signs. XIV. DISCLAIMER 28. Prospective Developer and DEQ agree that this Agreement meets the requirements of the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2). However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health and the environment which may be posed by regulated substances at the Brownfields Property, a representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a waiver of Prospective Developer’s duty to seek applicable permits or of the provisions of NCGS § 130A- 310.37. 29. Except for the land use restrictions set forth in paragraph 13 above and NCGS § 130A- 310.33(a)(1)-(5)'s provision of the Act's liability protection to certain persons to the same extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon Prospective Developer under this Agreement are conferred or imposed upon any other person. XV. DOCUMENT RETENTION 30. The Prospective Developer agrees to retain and make available to DEQ all business and operating records, contracts, site studies and investigations, remediation reports, and documents generated by and/or in the control of the Prospective Developer, its affiliates or subsidiaries relating 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 21 Mt. Gilead Cotton Oil Co/25054-21-062/20220830 confidentiality or privilege provided by the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or inspect said documents, Prospective Developer shall provide DEQ with a log of documents withheld from DEQ), including a specific description of the document(s) and the alleged legal basis upon which they are being withheld. To the extent DEQ retains any copies of such documents, Prospective Developer retains all rights it then may have to seek protection from disclosure of such documents as confidential business information. XVI. PAYMENT OF ENFORCEMENT COSTS 31. If the Prospective Developer fails to comply with the terms of this Agreement, including, but not limited to, the provisions of Section VI (Work to be Performed) and Section VII (Land Use Restrictions), it shall be liable for all litigation and other enforcement costs incurred by DEQ to enforce this Agreement or otherwise obtain compliance. XVII. NOTICES AND SUBMISSIONS 32. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a change in contact information or delivery method, all notices and submissions pursuant to this Agreement shall be sent by prepaid first-class U.S. mail or courier service, as follows: a. for DEQ: Brownfields Property Management Unit (or successor in function) N.C. Division of Waste Management Brownfields Program Mail Service Center 1646 Raleigh, NC 27699-1646 b. for Prospective Developer: Tom C. James (or successor in function) Mt. Gilead DG, LLC 600 Green Valley Rd, Suite 202 Greensboro, North Carolina 27408 Notices and submissions sent by prepaid first-class U.S. mail shall be effective on the third day 22 Mt. Gilead Cotton Oil Co/25054-21-062/20220830 following postmarking. Notices and submissions sent by hand or by other means affording written evidence of date of receipt shall be effective on such date. XVIII. EFFECTIVE DATE 33. This Agreement shall become effective on the date the Prospective Developer signs it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ’s approval of this Agreement is conditioned upon the complete and timely execution and filing of this Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the Agreement in order to effect the recordation of the full Notice of Brownfields Property within the statutory deadline set forth in NCGS § 130A-310.35(b). If the Agreement is not signed by Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its approval and certification of this Agreement, and to invalidate its signature on this Agreement. XIX. TERMINATION OF CERTAIN PROVISIONS 34. If any Party believes that any or all of the obligations under Section IX (Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the requirements of the Agreement, that Party may request in writing that the other Party agree to terminate the provision(s) establishing such obligations; provided, however, that the provision(s) in question shall continue in force unless and until the Party requesting such termination receives written agreement from the other Party to terminate such provision(s). XX. CONTRIBUTION PROTECTION 35. With regard to claims for contribution against Prospective Developer in relation to the subject matter of this Agreement, Prospective Developer is entitled to protection from such claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this Agreement is all remediation taken or to be taken and response costs incurred or to be incurred by DEQ or any other person in relation to the Brownfields Property. 23 Mt. Gilead Cotton Oil Co/25054-21-062/20220830 36. The Prospective Developer agrees that, with respect to any suit or claim for contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ in writing no later than 60 days prior to the initiation of such suit or claim. 37. The Prospective Developer also agrees that, with respect to any suit or claim for contribution brought against it in relation to the subject matter of this Agreement, it will notify DEQ in writing within 10 days of receiving said suit or claim. XXI. PUBLIC COMMENT 38. This Agreement shall be subject to a public comment period of at least 30 days starting 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: Mt. Gilead DG, LLC By: Tom C. James Date Manager 24 Mt. Gilead Cotton Oil Co/25054-21-062/20220830 Brownreias Froperty Name: iviount silieaa votion vil vompany Brownfields Project Number: 25054-21-062 5 2 { } H nz J] a ISSN 5 aU £ yg Lin Fe TA RTAZN (ONS PROJECT: Mt. Gilead Cotton Oil Company 299 Industry Ave and 0 Wadesboro Boulevard Mt, Gilead, North Carolina Brownfields Project 25054-21-062 A Tt SN \ - 4 : eH IN iy) SHEET TITLE: Exhibit 1 Site Location Map USGS Topographic Map 7.5 Minute Series ‘Mt Gilead West, NC’ Quadrangle Scale: 1 to 2,000 ZA ] Ll \ \ RY, { - { J — of A LA ey iH 1 A { . i 5 - ~~ A, { 3 4 ta AN 1 wv 4 (3 \ FP iS) \ FL JY Nae hy { 7. 4 ¥ 4 = EMERALD, INC. Sumter, SC Exhibit 2 Brownfields Property Name: Mount Gilead Cotton Oil Company Brownfields Project Number: 25054-21-062 The following tables set forth, for contaminants present at the Brownfields Property above unrestricted use standards or screening levels as reported in the Environmental Reports in paragraph 4 of the Brownfields Agreement to which this is an exhibit, the concentration found at each sample location, and the applicable standard or screening level. Screening levels and standards are shown for reference only and are not set forth as cleanup or mitigation 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, or the 2L Groundwater Interim Maximum Allowable Concentrations (IMACS) (April 1, 2022 version): Concentration Exceeding o/L Groundwater Sample Date of Contaminant Location Sampling Tetrachloroethylene GW-2 | 4/22/2021 | Sil |G oni vn ES Mt Gilead Cotton Co/25054-21-062 20220824 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 contained in the Division of Waste Management Vapor Intrusion Guidance, Non-Residential Vapor Intrusion Screening Levels (VISL) (January 2022 version): Groundwater Concentration Non- Contaminant with . Residential VI : Sample Date of Exceeding . Potential for Vapor . . . Screening : Location Sampling Screening ) Intrusion Level Level (ug/L) IL Acetone GW-1 4/22/2021 47.9 NSE Cis-1,2- Dichloroehylens GW-4 4/22/2021 14.7 NSE : GW-2 14.5 Trichloroethylene GW 4/22/2021 74 4.4 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. NSE — Screening level or regulatory standard not established. J — Estimated value between the method detection limit and the laboratory reporting limit EXTERIOR SOIL GAS Exterior soil gas contaminants in micrograms per cubic meter, the screening levels for which are derived from Non-Residential Vapor Intrusion Screening Levels of the Division of Waste Management (January 2022 version): Concentration Pom Exterior Soil Gas . Residential . Sample Date of Exceeding . Contaminant : . : Screening Location Sampling Screening Level! 3 Level (ug/m°) (ug/m’® Aceton SG-9 2/14/2022 200] NSE erone DUP 2/14/2022 160 NSE Ethanol DUP 2/14/2022 19] NSE SG-10 2/14/2022 24] NSE SG-9 2/14/2022 100 NSE 4-Ethyltoluene DUP 2/14/2022 120 NSE SG-10 2/14/2022 15 NSE | Tetrachloroethylene so 2/14/2022 i 3,500 | '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. NSE — Screening level or regulatory standard not established. J — Estimated value between the method detection limit and the laboratory reporting limit Mt Gilead Cotton Co/25054-21-062 20220824 (_ _ re r e r e n c e n i a s 1. PL A T EN T I T L E D "B O U N D A R Y SU R V E Y & RE C O M B I N A T I O N SU R V E Y OF TH E DA V I D W. BR U T O N & WI F E , BE T T Y S. BR U T O N HE I R S PR O P E R T Y " , DA T E D JA N U A R Y 17, 201 9 . (P R O V I D E D TO CL I E N T BY OT H E R S ) 2. PL A T ENT I T L E D "S U R V E Y FOR : P. R. RA N K I N S JR. " , DA T E D NO V E M B E R 2, 200 0 , RE C O R D E D IN TH E MO N T G O M E R Y CO U N T Y RE G I S T E R OF DE E D S OF F I C E IN PL A T CA B I N E T D SL I D E 35- A . 3. PL A T ENT I T L E D "P R E L I M I N A R Y SU B D I V I S I O N OF : TH E LE N O R A P. BU L L O C K PR O P E R T Y (D E E D BO O K 273 , PA G E 84 3 ) SU R V E Y FO R : LE N O R A P. BU L L O C K " , DA T E D NO V E M B E R 5, 200 1 , RE C O R D E D IN TH E MO N T G O M E R Y CO U N T Y RE G I S T E R OF DE E D S OF F I C E IN PL A T CA B I N E T D SLI D E 73 - A . 4. PL A T ENT I T L E D "D I V I S I O N SU R V E Y OF: TH E JI M M Y E. BO W L E S AN D WI F E , MA R I E L. BO W L E S PR O P E R T Y (D E E D BO O K 406 , PA G E 19 9 ) SU R V E Y FOR LA R R Y JAC O B S " , DA T E D JU L Y 08, 20 0 2 , RE C O R D E D IN THE MO N T G O M E R Y CO U N T Y RE G I S T E R OF DE E D S OF F I C E IN PL A T CA B I N E T D SL I D E 91 - D . 5. PL A T ENT I T L E D "R U S S E L - HA R V E L L E HO I S E R Y MI L L IN C . " , DA T E D OC T O B E R 17, 196 1 , RE C O R D E D IN THE RE G I S T E R OF DE E D S OF F I C E IN PL A T BO O K A PA G E 407 . Mo n t g o m e r y Co u n t y St a t e of No r t h Ca r o l i n a Pr e s e n t e d for Re g i s t r a t i o n an d Rec o r d i n g in Thi s Off i c e in Bo o k Of Ma p s , Pa g e , , Th i s The Day Of 202 2 , A Gd o c k _ _ M . Re g i s t e r Of De e d s - Mo n t g o m e r y Co u n t y CO U N T Y OF MO N T G O M E R Y ST A T E OF NO R T H CA R O L I N A I, , RE V I E W OF F I C E R OF TO W N OF MT. GIL E A D , CE R T I F Y TH A T THE MA P OR PL A T TO WH I C H TH I S CE R T I F I C A T I O N IS AFF I X E D ME E T S ALL ST A T U T O R Y RE Q U I R E M E N T S FO R RE C O R D I N G . RE V I E W OF F I C E R DA T E Ex h i b i t 2 Br o w n f i e l d s Pr o p e r t y Na m e : Mo u n t Gi l e a d Co t t o n Oil Co m p a n y Br o w n f i e l d s Pr o j e c t Nu m b e r : 25 0 5 4 - 2 1 - 0 6 2 ab o v e un r e s t pa r a g r a p h 4 of the Br o w n f i e l d s Ag r e e m e n t to wh i c h thi s i: e con c e n t r a t i o n fo u n d at ca c h sa m p l e lo c a t i o n , an d th e app l Sc r e e n i n g le v e l s an d st a n d a r d s arc sh o w n fo r re f e r e n c e on l y an d ar e not se t fo r t h as cl e a n u p or mi t i g a t i o n le v e l s for pur p o s e s of th i s Ag r e e m e n t . GR O U N D W A T E R Gr o u n d w a t e r co n t a m i n a n t s in mi c r o g r a m s pe r li t e r (th e equ the sta n d a r d s fo r wh i c h are co n t a i n e d in Tit l e 15 A of th e No r t h Ca r o l Su b c h a p t e r 2L (2 1 ) , Ru l e .02 0 2 . or the 21 Gr o u n d w a t e r In t e r i m Ma x i m u m Al l o w a b l e Con c e n t r a t i o n s (I M A C S ) (Ap r i l 1, 20 2 2 ve r s i o n ) : Co n c e n t r a t i o n Ex c e e d i n g St a n d a r d (pg / L ) St a n d a r d (n g / L ) dw a t e r Sa m p l e Da t e of Co n t a m i n a n t Lo c a t i o n Sa m p l i n g Te t r a c h l o r o c t h y l e n e GW - 2 4/ 2 2 / 2 0 2 1 0. 7 GW - 2 22 / 2 Wo t 4/ 2 2 / 2 0 2 1 GW - 4 4/2 2 / 2 0 2 1 Le a d MW - 1 4 2/ 1 6 / 2 0 2 2 Pot e n t i a l for Va p o r In t r u s i o n Co n c e n t r a t i o n Dat e of Ex c e e d i n g Sa m p l i n g Scr e e n i n g Le v e l (p g / L ) (u g / L ) Ac e t o n e —4 / 2 2 2 0 2 1 47. 9 NS E Ci s - 1 , 2 - ic h l o r o c t h y l e n e or o c t h y l e n e 4/ 2 2 / 2 0 2 1 14 . 7 NS E oo 14 . 5 ) 4 4/ 2 2 / 2 0 2 1 re de r i v e d fr o m No n - R e s i d e n t i a l Va p o r In t r u eq u i abo r a t o r y rep o r t i n g EX T E R I O R SO I L GA S mi c r o g r a m s per cul met e r , the scr e e n i n g lev e l s for ry 20 2 2 ver s i o n ) : Ext e r i o r Soi l Ga s Co n t a m i n a n t No n - Sa m p l e Da t e of Lo c a t i o n Sa m p l i n g Le v e l (p g / m ’ ) Ac e t o n e 2/ 1 4 / 2 0 2 2 200 1 2/ 1 4 / 2 0 2 2 16 0 no l 4- E t h y l t o l u e n e 20 1 4 2 0 2 2 19) 2/ 1 4 / 2 0 2 2 24) 2/ 1 4 / 2 0 2 2 10 0 2/ 1 4 / 2 0 2 2 12 0 2/ 1 4 / 2 0 2 2 15 NS E Te t r a c h l o r o e t h y l e n e 3. 5 0 0 15 , 0 0 0 Ma n o n , 16 . 0 0 0 ar c i n o g e n s are for a oti e n t equ a l to 0.2 . Sc r e e n i n g lev e l s PR E L I M I N A R Y PL A T NO T E FO R RE C O R D A T I O N , CO N V E Y A N C E , OR SA L E S . RE L E A S E D - FO R CL I E N T RE V I E W AN D CO M M E N T S . SH E E T 1 OF 3 EX H I B I T B to th e No t i c e of Br o w n f i e l d s Pr o p e r t y - SU R V E Y PL A T Br o w n f i e l d s Pr o j e c t No . 25 0 5 4 - 2 1 - 0 6 2 Br o w n f i e l d s Pr o j e c t Na m e : Mt . Gi l e a d Co t t o n Oi l Co . Pr o p e r t y Ow n e r / P r o s p e c t i v e De v e l o p e r MT . GI L E A D DG , LL C P. O . Bo x 10 3 2 5 Gr e e n s b o r o , NC 27 4 0 4 Da t e of Su r v e y : Au g u s t 24 , 20 2 2 Pr o p e r t y Ad d r e s s Tr a c t 1: 0 S. WA D E S B O R O BL V D . , MT . GI L E A D , NC 27 3 0 6 Tr a c t 2: 29 9 IN D U S T R Y AV E . , MT . GI L E A D , NC 27 3 0 6 MO N T G O M E R Y CO U N T Y PI N # 65 9 3 - 1 2 - 9 5 - 4 6 4 1 & 65 9 3 - 1 2 - 9 5 - 3 7 2 8 1, R. SC O T T BA R R E T T , CE R T I F Y TH A T TH I S PL A T WA S DR A W N UN D E R MY SU P E R V I S I O N FR O M AN AC T U A L GP S SU R V E Y MA D E UN D E R MY SU P E R V I S I O N AN D TH E FO L L O W I N G IN F O R M A T I O N EA S US E D TO PE R F O R M THE SU R V E Y : (1) CL A S S OF SU R V E Y : A( 1 : 1 0 , 0 0 0 ) (2) PO S I T I O N A L AC C U R A C Y : HO R I Z O N T A L N= 0 . 0 0 0 4 8 ' , E=0 . 0 0 1 8 ' ; VE R T I C A L = 0 . 0 0 5 " (3) TY P E OF GP S FIE L D PR O C E D U R E : RE A L - T I M E KI N E M A T I C , ON L I N E PO S I T I O N US E R SE R V I C E (N C V R S ) (4) DA T E S OF SU R V E Y : AU G U S T 24, 20 2 2 (5) DA T U M / E P O C H : NA D B 3 ( 2 0 1 1 Y C O N U S ) , NA V D 88 LO C A L I Z A T I O N = 1 2 0 , ZO N E : NC 32 0 0 (6) PU B L I S H E D / F I X E D - C O N T O L USE : NG S MO N U M E N T "B R I D G E " (PI D AE 8 2 3 3 ) (7) GE O I D MO D E L : GE O I D 1 2 B ( C O N U S ) (8) CO M B I N E D SC A L E FA C T O R ( S ) : (9) UN I T S : US SU R V E Y FEE T SU R V E Y O R ' S CE R T I F I C A T I O N ST A T E OF NO R T H CA R O L I N A CO U N T Y OF MO N T G O M E R Y I, R. SC O T T BA R R E T T , CE R T I F Y TH A T TH I S PL A T WA S DR A W N UN D E R MY SU P E R V I S I O N , FR O M AN AC T U A L SU R V E Y MA D E UN D E R MY SU P E R V I S I O N ; (D E E D BO O K 408 , PA G E 199 ) ; TH E BO U N D A R I E S NO T SU R V E Y E D ARE CL E A R L Y IN D I C A T E D AS DR A W N FR O M IN F O R M A T I O N AS RE F E R E N C E D ON TH E FAC E OF TH I S PLA T ; TH A T THE RA T I O OF PR E C I S I O N AS CA L C U L A T E D EX C E E D S 1: 1 0 , 0 0 0 LI N E A R FE E T ; TH A T THI S PL A T WA S PR E P A R E D IN AC C O R D A N C E WI T H G. S . 47 - 3 0 AS AM E N D E D . WI T N E S S MY OR I G I N A L SI G N A T U R E , RE G I S T R A T I O N NU M B E R AN D SE A L TH I S 24 T H DA Y OF AU G U S T , A.D . , 20 2 2 . TH I S PL A T IS OF A SU R V E Y OF AN EX I S T I N G PA R C E L OR PA R C E L S OF LA N D . BA R R E T T SU R V E Y I N G GR O U P PL L C NC Fir m # P- 1 8 2 0 22 3 - B Nor t h Po i n s e t t Hi g h w a y Tr a v e l e r s Re s t , SC 29 6 9 0 Ph o n e 86 4 - 8 3 4 - 3 7 3 2 ET T in f o @ b a r r e t t s u r v e y i n g . c o m NC RE G I S T R A T I O N NO . L- 4 5 1 3 ST A N D A R D LE G E N D on o w E L D S PR o P E R T Y UNE Ph NG S MO N U M E N T (31 ans), TY TR A F F I C SI G N A L POL E ‘® UTI L I T Y POL E (@ WAT E R MET E R (¥) WAT E R VAL V E or ELE V . = 4 3 8 . 9 7 ' (N A V D E S ) 91596 % NO R T H AR R O W NC GR I D NA D 8 3 ( 2 0 1 1 ) 0 cs [{] ELE C T R I C TRA N S F O R M E R {© FIB E R OPT I C CAB L E MA R K E R © FI R E DEP . CO N N E C T I O N O FIR E HY D R A N T @D cA S ME T E R @ GA S V A L V E —_ F O C — — FIB E R OP T I C CAB L E (D) ST O R M DR A N A G E MAN H O L E (0) TE L E P H O N E MAN H O L E (I) TE L E P H O N E PED E S T A L POC . POI N T OF CO M M E N C E M E N T P. O B . POI N T OF BE G I N N I N G (@ MO N I T O R I N G WEL L GR A P H I C SC A L E 1" = 30" DO U B L E YE L L O W ST R I P E ED G E OF GRA V E L NF VI N C E N T MI L L E R PIN 65 9 3 - 1 2 - 8 6 - 9 0 1 0 DE E D BO O K 43 8 - 8 0 7 PL A T BO O K D- 7 3 - A NF JO R D A N LU M B E R | &S U P P L Y INC . | | PI N G S 9 3 - 1 2 9 5 . 0 0 7 8 "D E E D BO O K 13 7 - 3 5 | | PL A T B O O K D 7 3 A | ~~ ~ | Ve WO O D S AR E A ? 3 . ey a A <5 EL 1s Ry NF ELV I S FL O Y D CO L L I N S PIN 65 9 3 - 1 2 - 9 5 - 1 9 1 3 DE E D BO O K 43 8 - 7 0 6 PL A T BO O K D- 7 3 - A ME A S U R E D DE S C R I P T I O N NF NC GR I D NA D 8 3 ( 2 0 1 1 ) N= 5 3 5 , 9 1 6 . 0 3 " E= 1 , 6 0 9 , 4 2 7 44" EL E V . = 4 1 0 . 9 2 ' PL A T BO O K D-9 ~~ . ry NF JA M E S CO L L I N S , JR. ‘G E R A L D I N E CO L L I N S PIN 659 3 - 1 2 8 5 - 8 8 8 0 DE E D BO O K 35 4 - 1 6 3 S$ oo <, 45 & i ! i | CA R O L I N A PO W E R & LI G H T 30 CA S E M E N T (0B 16 8 - 8 2 7 ) Ra N=5 3 5 , 7 9 7 , (N A V D S S ] / / _ ME A S U R E D DE S C R I P T I O N Ny No NF MT . GI L E A D DG , LLC «P I N 65 9 3 - 1 2 - 9 5 - 3 7 2 8 ™\ _ DE E D BO O K 905 - 5 9 1 “1 1 . 3 6 0 AC R E S o_ 59 , 2 5 1 SQ . F T . es Je: \ x, N RN SS Xf , R AR D S (C N G CO N C R E T E MO N U M E N T ( F ) WO O D S AR E A 1/2 ' R B ( F ) 13" BE N A Fn N DE S C R I P T I O N WO O D S AR E A i MW - 1 4 ® NF HE L E N DE V O N E LEE PI N 659 3 - 1 2 - 8 5 - 3 3 5 5 DE E D BO O K 499 - 8 7 0 PLA T BO O K D-3 5 - A iy TR A C T “i 1.0 4 ' ( T I E ) NF MT. GI L E A D , LLC PIN 65 9 3 - 1 2 - 9 5 - 4 6 4 1 DE E D BO O K 90 5 - 5 9 1 2. 3 8 5 AC R E S 10 3 , 8 8 4 SQ . F T . (M E A S U R E D ) LO C A T I O N MA P - NO T TO SC A L E DA N I E L BR U T O N GA I L BR U T O N PIN 65 8 3 - 1 2 - 9 5 - 2 4 9 4 DE E D BO O K 37 2 - 5 CA P P E D / S61 ° 4 4 ' 2 0 ° E BA R R E T T 2% SU R V E Y I N G GR O U P PL L C NC Fir m # P- 1 8 2 0 22 3 - B No r t h Po i n s e t t Hi g h w a y Tr a v e l e r s Re s t , SC 29 6 9 0 Ph o n e 86 4 - 8 3 4 - 3 7 3 2 Em a i l : in f o @ b a r r e t t s u r v e y i n g . c o m FL O O D MA P IN F O R M A T I O N BY GR A P H I C PL O T T I N G ONL Y , THI S PR O P E R T Y LIE S WIT H I N ZO N E "X" , AS SH O W N ON THE FL O O D IN S U R A N C E RA T E MA P NO. 371 0 6 5 9 3 0 0 J , WH I C H BE A R S AN EF F E C T I V E DA T E OF 01 / 0 2 / 2 0 0 8 , AN D IS NO T IN A SP E C I A L FL O O D HA Z A R D AR E A . NO FI E L D SU R V E Y I N G WA S PE R F O R M E D TO DE T E R M I N E TH I S ZO N E . ZO N E "X" DE N O T E S AR E A OU T S I D E THE 0. 2 % AN N U A L CH A N C E FL O O D P L A I N . Ly R. Sco t t Ba r r e t t , PL S NC Re g i s t r a t i o n No . L- 4 5 1 3 1/ 2 ° R B ( F ) d CA P P E D Flo r a C \U s e r s \ S c o f t D r o p b o x (BS G ) Sur v e y Pro j e c t s t 2 0 2 2 Pro f e c t s ' 2 2 - 0 1 3 8 Le C r a w DG Mt Gle a s NC Bro w n f i e l d Pia f d w g t 2 2 . 0 1 3 8 La C r a w DG Mi Gi l a d NC Bro w n f i e l d s dwg Ple t i a d Aug 30, 202 2 - 10. 3 0 8 m RA I L R O A D LA R R Y G. JA C O B S FAY E L. JA C O B S PI N 659 3 - 1 2 - 9 5 - 5 8 8 7 DE E D BO O K 594 - 2 2 5 NC GR I D NA D 8 3 ( 2 0 1 1 ) E= 1 , 6 0 9 , 6 6 9 . 4 5 ' EL E V . = 4 1 3 . ME A S U R E D DE S C R I P T I O N ~~ , To t a l Pr o p e r t y Ar e a 3. 7 4 5 AC R E S 16 3 , 1 3 5 SQ . FT . SP I K E ( F ) PR E L I M I N A R Y PL A T NO T E FO R RE C O R D A T I O N , CO N V E Y A N C E , OR SA L E S . RE L E A S E D - FO R CL I E N T RE V I E W AN D CO M M E N T S . 1-D 71 55 07 ) . %& — V2° R B ( F ) 1/2 " R B ( F ) Pr o p e r t y - SU R V E Y PL A T Br o w n f i e l d s Pr o j e c t No . 25 0 5 4 - 2 1 - 0 6 2 Br o w n f i e l d s Pr o j e c t Na m e : Mt . Gi l e a d Co t t o n Oi l Co . Pr o p e r t y Ow n e r / P r o s p e c t i v e De v e l o p e r MT . GI L E A D DG , LL C P. O . Bo x 10 3 2 5 Gr e e n s b o r o , NC 27 4 0 4 Da t e of Su r v e y : Au g u s t 24 , 20 2 2 Pr o p e r t y Ad d r e s s Tr a c t 1: 0 S. WA D E S B O R O BL V D . , MT . GI L E A D , NC 27 3 0 6 Tr a c t 2: 29 9 IN D U S T R Y AV E . , MT . GI L E A D , NC 27 3 0 6 MO N T G O M E R Y CO U N T Y PI N # 65 9 3 - 1 2 - 9 5 - 4 6 4 1 & 65 9 3 - 1 2 - 9 5 - 3 7 2 8 La n d Us e Re s t r i c t i o n s NC G S 13 0 A - 3 1 0 . 3 5 ( a ) re q u i r e s re c o r d a t i o n of a Not i c e of Bro w n f i c l d s Pro p e r t y (" N o t i c e " ) tha t ide n t i f i e s any re s t r i c t i o n s on the cu r r e n t and fut u r e use of a Br o w n f i e l d s Pr o p e r t y th a t arc ne c e s s a r y or use f u l to ma i n t a i n the lev e l of pro t e c t i o n ap p r o p r i a t e for th e de s i g n a t e d cur r e n t or fis t u r e use of the pro p e r t y and tha t arc de s i g n a t e d in a Bro w n f i c l d s Ag r e e m e n t pe r t a i n i n g to the pro p e r t y . Thi s su r v e y pla t con s t i t u t e s onc of thr e e ex h i b i t s to the No t i c e per t a i n i n g to the Bro w n f i e l d s Pro p e r t y de p i c t e d on thi s pla t and rec o r d e d at the Mo n t g o m e r y Co u n t y Reg i s t e r of Dee d s ’ off i c e . Th e ex h i b i t s to th e No t i c e arc : th e Bro w n f i c l d s Ag r e e m e n t for th e su b j e c t pr o p e r t y , whi c h is att a c h e d as Ex h i b i t A to the Not i c e ; a red u c e d ver s i o n of this su r v e y pla t , wh i c h is at t a c h e d as Exh i b i t B to the No t i c e ; and a leg a l des c r i p t i o n for th e sub j e c t pr o p e r t y , wh i c h is at t a c h e d as Exh i b i t C to the No t i c e . Th e la n d use re s t r i c t i o n s be l o w hav e bee n exc e r p t e d ve r b a t i m fr o m pa r a g r a p h 13 of the Bro w n f i e l d s Ag r e e m e n t , an d all pa r a g r a p h le t t e r s / a u m b e r s ar e the sa m e as th o s e used in th e Bro w n f i e l d s Agr e e m e n t . The fol l o w i n g La n d Use Res t r i c t se d on th e Bro w n f i e l d s Pr o p e r t y an d sh a l l re m a i n in for c e in pe r p e t u i t y un l e s s ca n c e l e d by the Sec r e t a r y a De p a r t m e n t of Env i r o n m e n t a l Qu a l i t y (or its suc c e s s o r in fu n c t i o n ) , or hi s / h e r des i g n e e , af t e r th e ha z a r d s ha v e bee n eli m i n a t e d , pur s u a n t to NC G S § 13 0 A - 3 1 0 3 5 ( c ) : La n d Us e s a. No use ma y be mad e of the Br o w n f i e l d s Pr o p e r t y o ap p r o v a l , oth e r co m m e r c i a l usc s . The s e lan d use s and th e i r de wai v e any loc a l zon i n g , rul e , re g u l a t i o n , or pe r m i t req u i r e m e n t s Ret a i l is def i n c d as the sa l e of go o d s or se r v i c e s , pr o d u c t s , or me r c h a n d i s e di r e c t l y to the co n s u m e r or bus i n e s s e s and in c l u d e s sh o w r o o m s , per s o n a l se r v i c e , op e n air ma r k e t s , fes t i v a l s , foo d ha l l s , and the sa l e s of foo d an d bev e r a g e pro d u c t s , in c l u d i n g fr o m men t s suc h as foo d tr u c k s . Par k i n g is def i n e d as the tem p o r a r y ac c o m m o d a t i o n of mot o r ve h i c l e s in an are a de s i g n e d for sa m e . War c h o u s i n g is def i n e d as the usc of a com m e r c i a l buil d i n g for st o r a g e of goo d s by ma n u f a c t u r e r s , im p o r t e r s , ex p o r t e r s , tra n s p o r t bus i n e s s e s am o n g oth e r s , an d als o ref e r s to the sto r a g e of go o d s and ma t e r i a l s for a spe c i f i c co m m e r c i a l sta b l i s h m e n t s in a par t i c u l a r typ e of ind u s t r y or com m e r c i a l acti v i t y . ons be l o w app l y sol c l y for pu r p o s e s of th i s agr e e m e n t , and do not is def i n e d as an ent e r p r i s e car r i e d on fo r pro f i t or non p r o f i t by the ow n e r , les s e e or li c e n s e e , wit h the ex c e p t i o n of edu c a t i o n a l sp a c e and chi l d c a r e fac i l i t i e s . Sp e c i f i c Pro h i b i t i o n s b. Th e Br o w n f i c l d s Pr o p e r t y ma y no t be usc d for chi l d c a r e cen t e r s , adu l t car e ce n t e r s , or sch o o l s wi t h o u t the pri o r wr i t t e n ap p r o v a l of DEQ . us e oft h e Bro w n i i e l d s Pro p e r t y du r i n g con s t r u c t i o n of red e v e l o p m e n t in any oth e r for m , in c l u d i n g wi t h o u ati o n tho s e res u l t i n g fro m con t i n g e n c y pl a n s for ad d r e s s i n f en v i r o n m e n t a l con t a m i n a t i o n (c. g . , pl a n s for the pro p e r cha r a c t e r i z a t i o n and DE Q app r o v a l of bo t h fil ex c a v a t e d fro m the Br o w n f i e l d s Pr o p e r t y dur i n g red e v e l o pro p e r cha r a c t e r i z a t i o n and DE Q app r o v a l of bot di n p o r i t i o n . fa l soi l ex c a v a t e d fro m the Br o w n f i e l d s Pr o p e r t y dur i n g red e v e l d gr o u n d w a t e r , ne w l y dis c o v e r e d cr sep a r a t o r s , soi l con t a m i n a t i o n ) ; Pro p e r t y and the for e im p o r t to the Bro w n f i e l d s Pro p e r t y and the Red e v e l o p m e n t Sum m a r y Re p o r t d. Wi t h i n 90 day s aft e r ea c h one - y e a r an n i v e r s a r y of the cf f e c t i v e dat e of thi s Agr e e m e n t for as lo n g as phy s i c a l red e v e l o p m e n t of the Bro w n f i e l d s Pro p e r t y con t i n u c s (c x c e p t tha t the fin a l dea d l i n e sh a l l fal l 90 da y s aft e r the co n c l u s i o n of ph y s i c a l red e v e l o p m e n t ) , the the n own e r of the Br o w n f i e l d s Pro p e r t y sha l l pr o v i d e DEQ a re p o r t sub j e c t to wri t t e n DE Q app r o v a l on env i r o n m e n t . r e l a t e d act i v i t i e s sin c e the las t rep o r t , wi t h a su m m a r y and dra w i n g s , tha t de s c r i b e s : ac t i o n s ta k e n on the Bro w n f i e l d s Pro p e r t y in ac c o r d a n c e wit h Sec t i o n V1: Wo r k to be Pe r f o r m e d abo v e ; soi l gra d i n g and cut and fil l act i o n s ; met h o d o l o g y ( i e s ) em p l o y e d for fie l d scr e e n i n g , sam p l i n g and lab o r a t o r y ana l y s i s of env i r o n m e n t a l me d i a ; st o c k p i l i n g , con t a i n e r i z i n g , de c o n t a m i n a t i n g , tre a t i n g , han d l i n g , la b o r a t o r y ana l y s i s and ult i m a t e dis p o s i t i o n of any soi l , gro u n d w a t e r , or oth e r ma t e r i a l s sus p e c t e d or co n f i r m e d to be co n t a m i n a t e d wit h reg u l a t e d su b s t a n c e s ; and v. re m o v a l of an y co n t a m i n a t e d soi l , wat e r , or ot h e r con t a m i n a t e d ma t e r i a l s (fo r exa m p l e , con c r e t e , de m o l i t i o n deb r i s ) fro m the Br o w n f i c l d s Pro p e r t y (co p i e s of all leg a l l y req u i r e d ma n i f e s t s sha l l be inc l u d e d ) Gr o u n d w a t e r c. Gro u n d w a t e r at the Br o w n f i c l d s Pro p e r t y ma y not be us e d for any pur p o s e wi t h o u t the pri o r wr i t t e n ap p r o v a l of DE Q alo n g wit h any mea s u r c s DE Q de e m s ne c e s s a r y to en s u r e tha t the Br o w n f i e l d s Pr o p e r t y wil l be su i t a b l e fo r the use s sp e c i f i e d in sub p a r a g r a p h 13 . a ab o v e wh i l e ful l y pr o t e c t i n g pub l i c hea l t h an d the en v i r o n m e n t . Sho u l d gro u n d w a t e r be en c o u n t e r e d or ex p o s e d dur i n g an y act i v i t y on the Bro w n f i e l d s Pr o p e r t y , it sha l l be ma n a g e d in acc o r d a n c e wit h th e DE Q - a p p r o v e d EM P ou t l i n e d in su b p a r a g r a p h 13. c , or a pla n ap p r o v e d in wr i t i n g in adv a n c e by DEQ . soi l f. No use of the Br o w n f i c l d s Pro p e r t y ma y occ u r unt i l the the n ow n e r of the Bro w n f i e l d s Pro p e r t y co n d u c t s re p r e s e n t a t i v e fin a l gra d e soi l sam p l i n g , pu r s u a n t to a pla n ap p r o v e d in wr i t i n g by DE Q , of any arc a tha t is not co v e r e d by bu i l d i n g fou n d a t i o n s , si d e w a l k s , or asp Un l e s s oth e r w i s e ap p r o v e d by DE Q in wr i n g aft e r re s u l t s of fin a l gra d e soi l sa m p l i n g are re c e i v e d in ac c o r d a n c e wi t h sub p a r a g r a p h 13. f ab o v e , no act i v i t y tha soi l on the Br o w n f i e l d s Pro p e r t y , may oc c u r unl e s s and unt i l DE Q sta t e s in wr i t i n g , in ty ma y occ u r if car r i e d ou t al o n g wit h any mea s u r e s DE Q de e m s ne c e s s a r y to en s u r e the adv a n c e of th e pr o p o s e d onl y by cm a i l ) of an y suc h rep a i r , or in eme r g e n c y cir c u m s t a n c e s no la t e r th a n the nex t bus i n e s s day , and tha t an y rel a t e d ass e s s m e n t and rem e d i a l me a s u r e s req u i r e d by DE Q sha l l be ta k e n ; and 4. in con n e c t i o n to wor k co n d u c t e d in ac c o r d a n c e wi t h a DE Q - a p p r o v e d En v i r o n m e n t a l Man a g e m e n t Pl a n (EM P ) as out l i n e d in sub p a r a g r a p h 13. c . h. Soi l may not be re m o v e d fr o m , or br o u g h t onto , the Br o w n f i e l d s Pr o p e r t y wit h o u t pr i o r sa m p l i n g an d an a l y s sa t i s f a c t i o n and the wri t t e n app r o v a l of DEQ , un l e s s co n d u c to DEQ ' s in ac c o r d a n c e wit h an app r o v e d EM P as ou t l i n e d in par a g r a p h 13. c . FO R TH E PU R P O S E OF N.C . G . S . & 13 0 A - 3 1 0 . 3 5 MI C H A E L SC O T T , DI R E C T O R DAT E DI V I S I O N OF WA S T E MA N A G E M E N T ST A T E OF NO R T H CA R O L I N A WA K E CO U N T Y Fil e n a m e C1 \ U s e r s ! S c o f t D r o p b e x (BG ) Sur v e y Pro j e c t s ' 2 0 2 2 Pro j a c k s 2 2 . 0 1 3 8 Le C r w DG Mt Goa d NC Br o w n a f e i d Plr i t w g l 2 2 - 0 1 3 8 La C r a w DG M le n d NC Br o w r f e k d s dwg Plo t i e d Au g 30, 202 2 - 10: 3 8 a m Va p o r In t r u s i o n i. No enc l o s e d bu i l d i n g may be con s t r u c t e d on th e Bro w n f i e l d s Pro p e r t y and no ex i s t i n g bui l d i n g , def i n e d as tho s e dep i c t e d on the pl a t co m p o n e n t of the Not i c e of Bro w n f i c l d s Pro p e r t y re f e r e n c e d in par a g r a p h 17 be l o w , may be occ u p i e d unt i l DE Q de t e r m i n e s in wr i t i n g tha t : 1. the bui l d on sit e ass e s s m e n t dat a , or a is or wou l d be pro t e c t i v e of th e bu i l d i n g ' s usc r s and pu b l i c hea l t h fro m the ris k of vap o r int r u s i o n bas e d spe c i f i c ris k as s e s s m e n t ap p r o v e d in wri t i n g by DE Q ; or 2. a vap o r in t r u s i o n miti g a t i o n sys t e m (VI M S ) ha s bee n : (i) . des i g n e d to mitig a t e the int r u s i o n of sub s u r f a c e vap o r s int o bui l d i n g fea t u r e s in ac c o r d a n c e wit h th e mos t rec e n t an d app l i c a b l e DW M Va p o r In t r u s i o n Gui d a n c e , In t e r s t a t e Te c h n o l o g y & Reg u l a t o r y Co u n c i l (I T R C ) gui d a n c e , and Ame r i c a n Nat i o n a l St a n d a r d s In s t i t u t e (A N S T Y A m e r i c a n As s o c i a t i o n of Ra d o n Sci e n t i s t s and Tec h n o l o g i s t s (A A R S T ) sta n d a r d at a pro f e s s i o n a l en g i n e e r lic e n s e d in No r t h Car o l i n a , as ev i d e n c e d by sa i d eng i n c e r ' s pr o f e s s i o n a l sca l , is sat i s f i e d tha t the des i g n is fu l l y pro t e c t i v e of pu b l i c hea l t h , and sha l l inc l u d e a pe r f o r m a n c e mo n i t o r i n g pla n de t a i l i n g me t h o d o l o g i e s and sch e d u l e , bot h of wh i c h arc su b j e c t to pr i o r wr i t t e n DE Q app r o v a l ; and in s t a l l e d and an ins t a l l a t i o n re p o r t is su b m i t t e d fo r wri t t e n DE Q ap p r o v a l that inc l u d e s as-bu i l t di a g r a m s , pho t o g r a p h s , and a de s c r i p t i o n of th e in s t a l l a t i o n , wit h sa i d eng i n e e r s pr o f e s s i o n a l sea l co n f i r m i n g tha t the en g i n e e r is sa t i s f i e d tha t the sys t e m wa s in s t a l l e d pe r th e DE Q ap p r o v e d des i g n . If an y de v i a t i o n s fr o m th e sy s t e m de s i g n we r e nec e s s a r y du r i n g ins t a l l a t i o n , th e n the rep o r t sha l l inc l u d e det a i l s on sai d de v i a t i o n s , as we l l as the eng i n e e r ' s se a l cer t i f y i n g the VI M S , as ins t a l l e d , wa s ins t a l l e d in su c h a man n e r so as to be ful l y pr o t e c t i v e of pu b l i c hea l t h , Jj. Un l e s s wa i v e d in wri t i n g in ad v a n c e by DE Q , no dis t u r b a n c e or alt e r a t i o n of the sl a b wit h i n th e exi s t i n g bui l d i n g fo o t p r i n t ( s ) , as de p i c t e d on the pla t co m p o n e n t of the Not i c e of Bro w n f i c l d s Pro p e r t y re f e r e n c e d in par a g r a p h 20 be l o w , may oc c u r unl e s s in acc o r d a n c e wit h a DE Q - a p p r o v e d EMP , or un l e s s in the cas e of em e r g e n c y ci r c u m s t a n c e s for re p a i r of un d e r g r o u n d inf r a s t r u c t u r e , in wh i c h cas e DE Q sha l l be pro v i d e d wr i t t e n no t i c e no lat e r tha n the nex t bus i n c s s day and an y rel a t e d ass e s s m e n t and re m e d i a l me a s u r e s re q u i r e d by DE Q sha l l be tak e n . Pr o p e r t y Acc e s s k. Ne i t h e r DE Q , nor any par t y con d u c t i n g en v i r o n m e n t a l ass e s s m e n t or rem e d i a t i o n at the Br o w n f i c l d s Pr o p e r t y at the di r e c t i o n of, or pur s u a n t to a per m i t , ord e r or agr e e m e n t iss u e d or ent e r e d int o by DE Q , ma y be de n i e d ac c e s s to the Br o w n f i e l d s Pro p e r t y for pur p o s e s of co n d u c t i n g suc h ass e s s m e n t or rem e d i a t i o n , wh i c h is to be co n d u c t e d usi n g rea s o n a b l e eff o r t s to min i m i z e in t e r f e r e n c e wi t h au t h o r i z e d use s of the Bro w n f i e l d s Pro p e r t y . Ab a n d o n m e n t of Mon i t o r i n g Wel l s 1. Wi t h i n 60 day s aft e r the eff e c t i v e da t e of thi s Ag r e e m e n t or pri o r to | Pro s p e c t i v e Dev e l o p e r sha l l ab a n d o n all mon i t o r i n g well s , inj e c t i o n wel l s , rec o v e r y wel l s , pi c z o m e t e r s and oth e r ma n m a d e gro u n d w a t e r acc e s s at the Br o w n f i c l d s Pro p e r t y , in acc o r d a n c e wit h Sub c h a p t e r 2C of Title 15A of the Nor t h Car o l i n a Ad m i n i s t r a t i v e Co d e , unl e s s an alt e r n a t e sc h e d u l e is app r o v e d by DE Q . Wit h i n 30 da y s aft e r doi n g so, the Pro s p e c t i v e Dev e l o p e r sha l l pr o v i d e DE Q a re p o r t , set t i n g for t h th e pro c e d u r c s an d res u l t s . rb a n c e ac t i v i t i e s , whi c h e v e r occ u r s firs t , Dama g e to Mon i t o r i n g We l l s m. Th e ow n e r of an y por t i o n of the Br o w n f i c l d s Pr o p e r t y whe r e any cxi s t i n g , or su b s e q u e n t l y ins t a l mon i t o r i n g wel l is da m a g e d by the own e r , its con t r a c t o r s , or its ten a n t s , the ow n e r wr i t i n g by DE Q in adv a n c e . No t i f i c a t i o n of Ten a n t s n. Any dee d or oth e r ins t r u m e n t con v e y i n g an int e r e s t in the Br o w n f i e l d s Pro p e r t y sha l l co n t a i n th e fol l o w i n g no t i c e : “T h i s pro p e r t y is su b j e c t to the Br o w n f i e l d s Agr e e m e n t att a c h e d as Exh i b i t A to the Not i c e of Bro w n f i e l d s Pro p e r t y re c o r d e d in th e Mo n t g o m e r y Co u n t y la n d rec o r d s , Boo k Pa g e .” A cop y of any su c h ins t r u m e n t sha l l be sen t to the pe r s o n s lis t e d in Sec t i o n XV I I (No t i c e s an d Su b m i s s i o n s ) , th o u g h fin a n c i a l an d oth e r con f i d e n t i a l inf o r m a t i o n rel a t e d to the co n v e y a n c e may be red a c t e d to the ex t e n t sai d re d a c t i o n s com p l y wit h the con f i d e n t i a l i t y an d tra d s scc r e t pro v i s i o n s of the Nor t h Car o l i n a Pu b l i c Rec o r d s Law . Th e own e r ma y use the fol l o w i n g me c h a n i s m s to co m p l y wit h the obl i g a t i o n s of thi s pa r a g r a p h : (i) If eve r y lea s e and rid e r is id e n t i c a l in for m , the ow n e r co n v e y i n g an int e r e s t may pro v i d e DE Q wit h cop i e s of a for m lea s e or rid e r evi d e n c i n g com p l i a n c e with thi s sub p a r a g r a p h , in lic u of se n d i n g co p i c s of act u a l , ex e c u t e d lea s e s , to the per s o n s lis t e d in Sec t i o n XVI I (N o t i c e s and Sub m i s s i o n s ) ; or (ii ) Th e own e r con v e y i n g an int e r e s t may pr o v i d e ab s t r a c t s of cas e s , rat h e r th a n ful l co p i e s of sa i d lea s e s , to the per s o n s li s t e d in Se c t i o n Ol d fro m Ne w Co n t a m i n a t i o n No n e of the co n t a m i n a n t s kn o w n to be pre s e n t in the en v i r o n m e n t a l me d i a at the Br o w n f i c l d s Pr o p e r t y , as de s c r i b e d in is Ag r e e m e n t , and as mod i f i e d by DE Q in wri t i n g if ad d i t i o n a l co n t a m i n a n t s in exc e s s of ap p l i c a b l e sta n d a r d s ar e exc e p t : is qu a n t i t i e s for cle a n i n g an d oth e r rout i n e ho u s e k e e p i n g and mai n t e n a n c e act i v i t i e s ; a fue l or oth e r flu i d s cus t o m a r i l y use d in vehi c l e s , la n d s c a p i n g equ i p m e n t and em e r g e n c y gen e r a t o r s . is, not use d or rep a c k a g e d ) an d lat e r re m o v e d fro m the Br o w n f i e l d s Pr o p e r t y in the ori g i n a l pac k a g i n g or co n t a i n e r s . Lan d Use Re s t r i c t i o n Upd a t e Dur i n g Ja n u a r y of cac h yca r af t e r th e ye a r in wh i c h the No t i c e ref e r e n c e d be l o w in par a g r a p h pa r t of the Bro w n f i e l d s Pro p e r t y as of Jan u a r y Ist of tha t ye a r sha l l sub m i t a not a r i z e d La n d Us e Res t r i and to the ch i e f p Bro w n f i e l d s Pro p e r t y con is rec o r d e d , the ow n e r of any 1s Upd a t e (“ L U R U ™ ) to DE Q , Ja n u a r y 18, the Not i c e of i. the Br o w n of th e own e r , or bo a r d , ass LU R U is su b m i t e d , a ctn s i s on Wh o r e EA A 2 Jo t LU ) 18 me t r o s woe re d fy par t of th e Br o w n f i e l d s ri dur i n g iii. whe t h e r any vap o r ba r r i c r and / o r mit i g a t i o n sys t e m s ins t a l l e d pu r s u a n t to sub p a r a g r a p h 1 des i g n e d , an d wh e t h e r the se s of the gr o u n d flo o r s , in c l u d i n g an y ten a n t ren o v a t i o n s , of any bu and / o r mi t i g a t i o n sys t e m s hav e ch a n g e d , and , if so, how , and und e r whi c h pr e c a u t i o n s so as no t sys t e m . pre v i o u s ca l e n d a r yea r ; abo v e arc per f o r m i n g as suc h vap o r bar r i c r the ope r a t i o n of sai d iv. A LU R U sub m i t t e d for re n t a l uni t s sha l l in c l u d e cn o u g h of cac h lea s e ent e r e d int o dur i n g the pre v i o u s ca l e n d a r ye a r to dem o n s t r a t e com p l i a n c e wi t h les s e e not i f i c a t i o n re q u i r m e n t s in su b p a r a g r a p h 13. n . and pa r a g r a p h 18 of thi s Ag r e e m e n t pr o v i d e d th a t if sta n d a r d for m lea s e s ar e us e d in ev e r y ins t a n c e , a cop y of suc h st a n d a r d for m lea s e ma y be sen t in lie u of co p i e s of ac t u a l lea s e s . use s sp e c i f i e d in thi s Ag r e e m e n t wh i l e ful l y pr o t e c t i n g pub l i c hea l t h an d the env i r o n m e n t . 15. Th e con s e q u e n c e of ach i e v i n g th e de s i r e d re s u l t s will be tha t the Br o w n f i e l d s Pr o p e r t y wil l be su i t a b l e for the use s spe c i f i e d in th e Agr e e m e n t whi l e ful l y pro t e c t i n g pu b l i c hea l t h and the en v i r o n m e n t , The co n s e q u e n c e of not ach i c v i n g the des i r e d res u l t s wi l l be tha t mo d i f i c a t i o n s to lan d use re s t r i c t i o n s and / o r rem e d i a t i o n in som e for m ma y be nec e s s a r y to ful l y pro t e c t pub l i c he a l t h and / o r the env i r o n m e n t . BA R R E T T SU R V E Y I N G GR O U P PL L C NC Fir m # P- 1 8 2 0 22 3 - B No r t h Po i n s e t t Hi g h w a y Tra v e l e r s Re s t , SC 29 6 9 0 Ph o n e 86 4 - 8 3 4 - 3 7 3 2 R. Sc o t t Bar r e t t , PLS Em a i l : in f o @ b a r r e t t s u r v e y i n g . c o m NC Re g i s t r a t i o n No . L- 4 5 1 3 ZO N I N G IN F O R M A T I O N AG E N C Y : TO W N OF MO U N T GI L E A D CO N T A C T : DA V I D E. SM I T H CU R R E N T ZO N I N G CLA S S I F I C A T I O N : IN D U S T R I A L CU R R E N T US E PE R M I T T E D : YE S FR O N T SE T B A C K : 25 FE E T RE A R SE T B A C K : 25 FE E T SID E SE T B A C K : 15 FE E T MI N I M U M LO T SI Z E : 43, 5 6 0 SQ U A R E FE E T MI N I M U M LO T WID T H : 100 FE E T MA X I M U M BU I L D I N G HE I G H T : 50 FE E T PA R K I N G RE Q U I R E M E N T : 1 SP A C E PER 500 SQ U A R E FE E T BE C A U S E TH E R E MA Y BE A NE E D FO R IN T E R P R E T A T I O N OF TH E AP P L I C A B L E ZO N I N G CO D E S , WE RE F E R YO U TO TH E TO W N OF MO U N T GI L E A D AN D TH E AP P L I C A B L E ZO N I N G CO D E S . 1. ALL CO R N E R S AR E MO N U M E N T E D AS SH O W N . 2. ALL DI S T A N C E S SH O W N HE R E O N AR E HO R I Z O N T A L GR O U N D DI S T A N C E S UN L E S S OT H E R W I S E NO T E D . 3. TH E AR E A S AN D TY P E S OF CO N T A M I N A T I O N DE P I C T E D HE R E O N AR E AP P R O X I M A T I O N S DE R I V E D FR O M TH E BES T AV A I L A B L E IN F O R M A T I O N AT TH E TI M E OF FI L I N G . A LI S T I N G OF TH E TE C H N I C A L RE P O R T S US E D TO PR E P A R E TH I S PL A T AR E AV A I L A B L E IN THE BR O W N F I E L D S AG R E E M E N T FOR TH I S PR O P E R T Y . 4. 17 6 S WA D E S B O R O BLV D . , MT . GI L E A D , NC 27 3 0 6 WA S RE C E N T L Y AS S I G N E D BY 91 1 EM E R G E N C Y SE R V I C E S FO R TR A C T 1. PR E L I M I N A R Y PL A T NO T E FO R RE C O R D A T I O N , CO N V E Y A N C E , OR SA L E S . RE L E A S E D - FO R CL I E N T RE V I E W AN D CO M M E N T S . SH E E T 3 OF 3 EX H I B I T B to th e No t i c e of Br o w n f i e l d s Pr o p e r t y - SU R V E Y PL A T Br o w n f i e l d s Pr o j e c t No . 25 0 5 4 - 2 1 - 0 6 2 Br o w n f i e l d s Pr o j e c t Na m e : Mt . Gi l e a d Co t t o n Oi l Co . Pr o p e r t y Ow n e r / P r o s p e c t i v e De v e l o p e r MT . GI L E A D DG , LL C P. O . Bo x 10 3 2 5 Gr e e n s b o r o , NC 27 4 0 4 Da t e of Su r v e y : Au g u s t 24 , 20 2 2 Pr o p e r t y Ad d r e s s Tr a c t 1: 0 S. WA D E S B O R O BL V D . , MT . GI L E A D , NC 27 3 0 6 Tr a c t 2: 29 9 IN D U S T R Y AV E . , MT . GI L E A D , NC 27 3 0 6 MO N T G O M E R Y CO U N T Y PI N # 65 9 3 - 1 2 - 9 5 - 4 6 4 1 & 65 9 3 - 1 2 - 9 5 - 3 7 2 8 Exhibit C: Legal Description Brownfields Property Name: Mount Gilead Cotton Oil Company Brownfields Project Number: 25054-21-062 Tract 1: TO FIND THE POINT OF BEGINNING COMMENCE AT POINT, LOCATED ON THE SOUTHERN RIGHT OF WAY OF COTTON GIN DRIVE AT THE COMMON CORNER OF PROPERTY OWNED NOW OR FORMERLY BY LARRY G. JACOBS AND FAYE L. JACOBS, HAVING NC GRID COORDINATES OF N=535.916.03', E=1,699,427.44', LOCATED S05°44'49”W 965.16 FEET FROM NGS MONUMENT “BRIDGE”, THENCE S19°39'16”E 126.63 FEET TO A POINT, THENCE S37°30°25”E 30.12 FEET TO THE POINT OF BEGINNING, THENCE RUNNING ALONG THE COMMON LINE OF PROPERTY OWNED NOW OR FORMERLY BY LARRY G. JACOBS AND FAYE L. JACOBS S37°28'07”E 45.29 FEET TO A POINT, THENCE N75°17'11”E 69.36 FEET TO A POINT, THENCE N73°50'13”E 49.12 FEET TO A POINT, THENCE N53°05'11”E 49.09 FEET TO A POINT, THENCE S39°24'46"E 76.46 FEET TO A POINT, LOCATED ON THE NORTHERNWESTERN RIGHT OF WAY OF SOUTH WADESBORO BLVD., THENCE RUNNING ALONG THE NORHTWESTERN RIGHT OF WAY OF SOUTH WADESBORO BLVD, S34°38’32”W 15.53 FEET TO A POINT, THENCE S32°11'32”W 101.00 FEET TO A POINT, THENCE $29°49'32”W 58.30 FEET TO A POINT, THENCE S27°50'32”W 63.30 FEET TO A POINT, THENCE $24°38'32”W 82.45 FEET TO A POINT, THENCE S24°01’54”W 40.45 FEET TO A POINT, THENCE LEAVING THE NORTHWESTERN RIGHT OF WAY OF SOUTH WADESBORO BLVD., AND RUNNING ALONG THE COMMON LINE OF PROPERTY OWNED NOW OR FORMERLY BY DANIEL BRUTON AND GAIL BRUTON, N57°25’16”W 401.70 FEET TO A POINT, THENCE RUNNING ALONG THE COMMON LINE OF PROPERTY OWNED NOW OR FORMERLY BY HELEN DEVONE LEE, N58°13’55”W 60.12 FEET TO A POINT, THENCE N64°51’11”E 185.09 FEET TO A POINT, THENCE N81°35’09”E 166.28 FEET TO THE POINT OF BEGINNING, CONTAINING 2.385 ACRES OR 103,884 SQUARE FEET, MORE OR LESS. Tract 2: BEGINNING AT A POINT, LOCATED ON THE SOUTHERN RIGHT OF WAY OF COTTON GIN DRIVE AT THE COMMON CORNER OF PROPERTY OWNED NOW OR FORMERLY BY LARRY G. JACOBS AND FAYE L. JACOBS, HAVING NC GRID COORDINATES OF N=535.916.03', E=1,699,427.44', LOCATED S05°44'49"W 965.16 FEET FROM NGS MONUMENT “BRIDGE”, THENCE RUNNING ALONG THE COMMON LINE OF SAID JACOBS PROPERTY A BEARING AND DISTANCE OF S19°39'16"”E 126.63 FEET TO A POINT, THENCE $37°30'25”E 30.12 FEET TO A POINT, THENCE S81°35'09”W 166.28 FEET TO A POINT, THENCE $64°51’11”W 185.09 FEET TO A POINT, THENCE N60°44'43”W 251.71 FEET TO A POINT, THENCE RUNNING ALONG THE COMMON LINE OF PROPERTY OWNED NOW OR FORMERLY BY JAMES COLLINS, JR., N42°29'05”E 98.39' TO A POINT, THENCE RUNNING ALONG THE COMMON LINE OF PROPERTY OWNED NOW OR FORMERLY BY ELVIS FLOYD COLLINS, S77°27'07”E 203.72 FEET TO A POINT, THENCE RUNNING ALONG THE COMMON LINE OF PROPERTY OWNED NOW OR FORMERLY BY JORDAN LUMBER & SUPPLY INC., S77°27'07”E 79.59 FEET TO A POINT, THENCE RUNNING ALONG THE SOUTHERN RIGHT OF WAY OF COTTON GIN DRIVE, N52°48'02”E 185.44 FEET TO THE POINT OF BEGINNING, CONTAINING 1.360 ACRES OR 55,251 SQUARE FEET, MORE OR LESS. Stewart, Anita From: TrackingUpdates@fedex.com Sent: Friday, September 2, 2022 1:09 PM To: Stewart, Anita Subject: FedEx Shipment 777827848336: Your package has been delivered Caution: This message is from an external sender. Hi. Your package was delivered Fri, 09/02/2022 at 12:54pm. o—o—o— Delivered to 102 E SPRING ST, TROY, NC 27371 Received by M.COFFIN OBTAIN PROOF OF DELIVERY TRACKING NUMBER 777827848336 FROM Johnston, Allison & Hord, PA 1065 East Morehead Street Charlotte, NC, US, 28204 1 Stewart, Anita From:TrackingUpdates@fedex.com Sent:Friday, September 2, 2022 1:09 PM To:Stewart, Anita Subject:FedEx Shipment 777827848336: Your package has been delivered Caution: This message is from an external sender. Hi. Your package was delivered Fri, 09/02/2022 at 12:54pm. Delivered to 102 E SPRING ST, TROY, NC 27371 Received by M.COFFIN OBTAIN PROOF OF DELIVERY TRACKING NUMBER 777827848336 FROM Johnston, Allison & Hord, PA 1065 East Morehead Street Charlotte, NC, US, 28204 TO REFERENCE SHIPPER REFERENCE SHIP DATE DELIVERED TO PACKAGING TYPE ORIGIN DESTINATION SPECIAL HANDLING NUMBER OF PIECES TOTAL SHIPMENT WEIGHT SERVICE TYPE Montgomery County Manager Franki Maness 102 E Spring Street TROY, NC, US, 27371 32829.9001 (ALR/acs) 32829.9001 (ALR/acs) Thu 9/01/2022 04:49 PM Receptionist/Front Desk FedEx Envelope Charlotte, NC, US, 28204 TROY, NC, US, 27371 Deliver Weekday 1.00 LB FedEx Priority Overnight Get the FedEx® Mobile app Create shipments, receive tracking alerts, redirect packages to a FedEx retail location for pickup, and more from the palm of your hand - Download now. # Download on the « App Store GET ITON ® Google Play 2 TO Montgomery County Manager Franki Maness 102 E Spring Street TROY, NC, US, 27371 REFERENCE 32829.9001 (ALR/acs) SHIPPER REFERENCE 32829.9001 (ALR/acs) SHIP DATE Thu 9/01/2022 04:49 PM DELIVERED TO Receptionist/Front Desk PACKAGING TYPE FedEx Envelope ORIGIN Charlotte, NC, US, 28204 DESTINATION TROY, NC, US, 27371 SPECIAL HANDLING Deliver Weekday NUMBER OF PIECES 1 TOTAL SHIPMENT WEIGHT 1.00 LB SERVICE TYPE FedEx Priority Overnight Get the FedEx® Mobile app Create shipments, receive tracking alerts, redirect packages to a FedEx retail location for pickup, and more from the palm of your hand - Download now.