23068_Sir Walter Gun Club_PCPkg_20221114

NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY
Brownfields Property Name: Sir Walter Gun Club
Brownfields Project Number: 23068-19-092
North Carolina's Brownfields Property Reuse Act (the "Act"), North Carolina General Statutes ("NCGS")
§ 130A-310.30 through 130A-310.40, provides for the safe redevelopment of abandoned, idled, or underused
properties at which expansion or redevelopment is hindered by actual or potential environmental contamination.
One of the Act's requirements is the submittal of this Notice of Intent to Redevelop a Brownfields Property ("NI")
that has been approved by the North Carolina Department of Environmental Quality ("DEQ") for public notification
purposes as per NCGS § 130A-310.34(a). The NI shall provide, to the extent known, a legal description of the location
of the Brownfields Property, a map showing the location of the Brownfields Property, a description of the
contaminants involved and their concentrations in the media of the Brownfields Property, a description of the
intended future use of the Brownfields Property, any proposed investigation and remediation, and a proposed Notice
of Brownfields Property ("NBP") prepared in accordance with NCGS § 130A-310.35. The proposed NBP for a
particular brownfields project is attached hereto. The proposed NBP includes the proposed Brownfields Agreement,
which is attached as Exhibit A, and the other required elements of this NI. A Summary of this Notice of Intent
("SNI") shall include a statement as to the public availability of the full 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 November 17, 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
Sir Walter Gun Club/23068-19-092/14Nov2022

SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Sir Walter Gun Club
Brownfields Project Number: 23068-19-092
Pursuant to the North Carolina Brownfields Property Reuse Act (the "Act") authorized by North Carolina
General Statutes (NCGS) § 130A-310.30 through 130A-310.40, and specifically pursuant to NCGS § 130A-
310.34, Merritt-MW1, LLC, as Prospective Developer, has filed with the North Carolina Department of
Environmental Quality ("DEQ") a Notice of Intent to Redevelop a Brownfields Property ("Brownfields
Property") located 520 Hinton Pond Road, 0 Hinton Oaks Boulevard, and 810 Silverpoint Drive in Knightdale,
Wake County, North Carolina. The Brownfields Property, which is the former site of the Sir Walter Gun Club
consists of 36.686 acres. Environmental contamination exists on the Brownfields Property in soil and sediment.
Merritt-MW1, LLC has committed itself to redevelop the Brownfields Property for no uses other than industrial
(including flex buildings), office, retail, warehousing, hotel, associated parking, and subject to DEQ's prior
written approval, other commercial uses. The Notice of Intent to Redevelop a Brownfields Property includes: (1)
a proposed Brownfields Agreement between DEQ and Merritt-MW1, LLC, which in turn includes (a) a map
showing the location of the Property, (b) a description of the contaminants involved and their concentrations in
the media of the Property, (c) the above -stated description of the intended future use of the Brownfields Property,
and (d) proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in
accordance with NCGS § 130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the East Regional
Library located at 946 Steeple Square Court, Knightdale, North Carolina by contacting Brandy Hamilton, Library
Manager, at [phone], or at brandy.hamiltongwakegov.com; or at the offices of the N.C. Brownfields
Program, 217 West Jones Street, Raleigh, NC by contacting Shirley Liggins at that address, at
shirley.liggins&ncdenngov, or at [phone]. The full Notice of Intent to Redevelop a Brownfields Property
may be reviewed online at the DEQ public record database, Laserfiche, by entering the project number 23068-
19-092 into the search bar at the following web address:
h!tps:Hedocs.deg.nc.gov/WasteManagement/Welcome.aspx?dbid=0&repo=WasteMana eg ment
The Act requires a public comment period of at least 30 days. The first day of public comment is defined
as the day after which all of the following public notice tasks have occurred: the date this Notice is: (1) published
in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2)
conspicuously posted at the Brownfields Property; and (3) mailed or delivered to each owner of property
contiguous to the Brownfields Property. Written public comments may be submitted to DEQ within 30 days after
the public comment period begins. Written requests for a public meeting may be submitted to DEQ within 21
days after the public comment period begins. These periods will start no sooner than November 17, 2022, and
will end no sooner than the later of. 1) 30 and 21 days, respectively, after that; or 2) 30 and 21 days, respectively,
after completion of the latest of the three (3) above -referenced tasks, if such completion occurs later than the date
stated herein. All public comments and public meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Sir Walter Gun Club/23068-19-092/14Nov2022

Property Owner: Merritt-MWI, LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: Sir Walter Gun Club
Brownfields Project Number: 23068-19-092
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 202_ by
Merritt-MW1, 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 located at 0 Hinton Oaks Boulevard, 520 Hinton Pond Road
and, 810 Silverpoint Drive, Knightdale, Wake County, North Carolina. The Brownfields Property
was historically used for residential and/or agricultural purposes from approximately 1937 through
1983. The Brownfields Property also was used as a private sporting and gun club from about the
1950suntil 1988, and was vacant after that time. The Prospective Developer has committed to
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redevelop the Brownfields Property for no uses other than industrial (including flex buildings),
office, retail, warehousing, hotel, associated parking, and subject to DEQ's prior written approval,
other commercial uses.
The Brownfields Agreement between Prospective Developer and DEQ is attached
hereto as Exhibit A. It is required by NCGS § 130A-310.32 and sets forth the use that may
be made of the Brownfields Property and the measures to be taken to protect public health
and the environment. The Brownfields Agreement's Exhibit 2 consists of one or more data
tables reflecting the concentrations of and other information regarding the Brownfields
Property's regulated substances and contaminants.
Attached as Exhibit B to this Notice is a reduction, to 8.5 inches x 11 inches, of the survey
plat component of this Notice. This plat shows areas designated by DEQ, has been prepared and
certified by a professional land surveyor, meets the requirements of NCGS § 47-30, and complies
with NCGS § 130A-310.35(a)'s requirement that the Notice identify:
(1) The location and dimensions of the areas of potential environmental concern with
respect to permanently surveyed benchmarks.
(2) The type, location and quantity of regulated substances and contaminants known to
exist on the Brownfields Property.
Attached hereto as Exhibit C is a legal description of the Brownfields Property that would
be sufficient as a description of the property in an instrument of conveyance.
LAND USE RESTRICTIONS
NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the
current and future use of the Brownfields Property that are necessary or useful to maintain the
level of protection appropriate for the designated current or future use of the Brownfields Property
and that are designated in the Brownfields Agreement. The restrictions shall remain in force in
perpetuity unless canceled by the Secretary of DEQ (or its successor in function), or his/her
designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e). All
references to DEQ shall be understood to include any successor in function.
The land use restrictions below have been excerpted verbatim from paragraph 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:
Land Uses
a. No use may be made of the Brownfields Property other than for industrial
(including flex buildings), office, retail, warehousing, hotel, associated parking, 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:
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i. "Industrial" is defined as the assembly, fabrication, manufacture,
processing, warehousing, or distribution of goods or materials, and can include flex parks, and
research and development uses.
ii. "Flex" is defined as industrial or office space intended for combined
business purposes that can be customized to meet a particular business need(s).
iii. "Office" is defined as a place where business or professional services
are provided.
iv. "Retail" is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
open air markets, festivals, food halls, and the sales of food and beverage products, including
from mobile establishments such as food trucks.
v. "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.
vi. "Hotel" is defined as the provision of overnight lodging to paying
customers, and associated food services, gym, reservation, cleaning, utilities, parking and on -site
hospitality, management, and reception services.
vii. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same.
viii. "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 residential use, 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;
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ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators, soil
contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment.
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;
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); and
vi. any actions taken which altered the integrity of the "Soil Management
Area" referenced in subparagraph 13.h. below and as delineated on the plat component of the
Notice of Brownfields Property referenced in paragraph 17 of this Agreement, and the steps
taken that reinstated the integrity of same.
Soil
e. No activity that disturbs soil on the Brownfields Property in the "Soil
Management Area" as delineated on the plat component of the Notice of Brownfields Property
referenced below in paragraph 17, may occur unless and until DEQ states in writing, in advance
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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:
inches;
i. in connection with landscape planting to depths not exceeding 24
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined in subparagraph 13.c. above.
f. Unless otherwise approved by DEQ in writing, 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
of the Brownfields Property as delineated on the plat component of the Notice of Brownfields
Property referenced in paragraph 17 of this Agreement.
g. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined in subparagraph 13.c.
h. The soil within the "Soil Management Area" as delineated on the plat
component of the Notice of Brownfields Property referenced in paragraph 17 of this Agreement
that DEQ determines through a site -specific risk assessment would not likely contaminate
groundwater if capped, or would not likely pose an imminent threat to public health or the
environment if exposed, shall be covered with an impervious or hard pervious surface, to the
written satisfaction of DEQ. Said cover shall be maintained to DEQ's satisfaction and may
include any structure or groundcover consisting of asphalt, concrete, or other material approved
by DEQ, that prevents the absorption of surface water into the soil, or any structure or
groundcover that allows absorption of surface water into the soil, but has a hard surface formed
or cast in place that protects land users from exposure to any contaminants in the soil.
Vapor Intrusion
i. No enclosed building may be constructed on the Brownfields Property and no
existing building may be occupied until DEQ determines in writing that:
i. the building is or would be protective of the building's users and public
health from the risk of vapor intrusion based on site assessment data, or a site -specific risk
assessment approved in writing by DEQ; or
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ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors
into building features in accordance with the most recent and applicable DWM Vapor Intrusion
Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American
National Standards Institute (ANSI)/American Association of Radon Scientists and
Technologists (AARST) standards, and that a professional engineer licensed in North Carolina,
as evidenced by said engineer's professional seal, is satisfied that the design is fully protective of
public health, and shall include a performance monitoring plan detailing methodologies and
schedule, both of which are subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as -built diagrams, photographs, and a description of the installation, with
said engineer's professional seal confirming that the engineer is satisfied that the system was
installed per the DEQ approved design. If any deviations from the system design were necessary
during installation, then the report shall include details on said deviations, as well as the
engineer's seal certifying the VIMS, as installed, was installed in such a manner so as to be fully
protective of public health.
Surface Water
j. Surface water at the Brownfields Property may not be used for any purpose,
other than in connection with legally compliant storm water collection and reuse techniques,
without the prior written approval of DEQ.
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.
Notification of Tenants
1. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: "This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Wake County land
records, Book , Page " A copy of any such instrument
shall be sent to the persons listed in Section 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 as to leasehold interests: (i) If every lease or 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
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persons listed in Section XVII.
Separating Old from New Contamination
m. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement, and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as constituents of products and materials customarily used and stored in
industrial (including flex buildings), office, retail, warehousing, hotel, associated parking, and
subject to DEQ's prior written approval, other commercial use environments, provided such
products and materials are stored in original retail packaging and used and disposed of in
accordance with applicable laws;
iii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment, and vehicles in on -board tanks integral to said equipment or in flammable
liquid storage containers totaling no more than 25 gallons; and
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
n. During January of each year after the year in which the Notice referenced
below in paragraph 17 is recorded, the owner of any part of the Brownfields Property as of
January 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of Wake County, certifying that,
as of said January 1 st, the Notice of Brownfields Property containing these land use restrictions
remains recorded at the Wake County Register of Deeds office and that the land use restrictions
are being complied with. If the property is transferred, the grantor shall submit a LURU (as
outlined above) which covers the period of time the grantor owned the Brownfield 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;
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iii. whether any cap installed over the "Soil Management Area" pursuant
to subparagraph 13.i. above is being maintained such that it is intact, uncompromised, in good
condition, and continuing to serve as barriers to the soil contamination in relation to which they
were installed;
iv. A joint LURU may be submitted for multiple owners by a duly
constituted board or association and shall include the Brownfields Property address, and the
name, mailing address, telephone number, and contact person's e-mail address of the entity
submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is
submitted;
v. 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 paragraphs 18 and 19 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; and
vi. A property owners' association or other entity may perform this
LURU's duties, on behalf of some or all owners of the Brownfields Property, if said association
or entity has accepted responsibility for such performance pursuant to a notarized instrument
satisfactory to DEQ that includes at a minimum, the Brownfields property address, and the name,
mailing address, telephone number, and e-mail address of each owner on whose behalf the
LURU is proposed to be submitted.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be
the DEQ Brownfields Property Management Unit referenced in subparagraph 32.a. of
Exhibit A hereto, at the address stated therein.
ENFORCEMENT
The above land use restrictions shall be enforceable without regard to lack of privity of
estate or contract, lack of benefit to particular land, or lack of any property interest in particular
land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The
land use restrictions may also be enforced by DEQ through the remedies provided in NCGS §
130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having
jurisdiction over any part of the Brownfields Property; and by any person eligible for liability
protection under the Brownfields Property Reuse Act who will lose liability protection if the
restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the
Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement
by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of
the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the
same violation or as to one occurring prior or subsequent thereto.
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FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Brownfields Property is sold, leased, conveyed or transferred,
pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the
description section, in no smaller type than that used in the body of the deed or instrument, a
statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a
brownfields property under the Brownfields Property Reuse Act.
IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this day of , 202_.
Un
NORTH CAROLINA
COUNTY
Merritt-MW1, LLC
Robb L. Merritt
President
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Date:
Official Signature of Notary
(Official Seal) Notary's printed or typed name, Notary Public
My commission expires:
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APPROVAL AND CERTIFICATION OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
The foregoing Notice of Brownfields Property is hereby approved and certified.
North Carolina Department of Environmental Quality
Michael E. Scott Date
Director, Division of Waste Management
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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: Merritt—MW1, LLC
UNDER THE AUTHORITY OF THE
BROWNFIELDS PROPERTY REUSE ACT
OF 1997, NCGS § 130A-310.30, et SeMc .
Brownfields Project No. 23068-19-092
I. INTRODUCTION
BROWNFIELDS AGREEMENT re:
Sir Walter Gun Club
520 Hinton Pond Road,
0 Hinton Oaks Boulevard, and
810 Silverpoint Drive
Knightdale, Wake County
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and Merritt—MW 1, LLC (collectively the
"Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
SeMc . (the "Act") for the property located at 0 Hinton Oaks Boulevard, 520 Hinton Pond Road
and, 810 Silverpoint Drive, Knightdale, Wake County, North Carolina (the "Brownfields
Property"). A map showing the location of the Brownfields Property that is the subject of this
Agreement is attached hereto as Exhibit 1.
The Prospective Developer is Merritt—MW1, LLC, a manager -managed limited liability
company, headquartered at 2066 Lord Baltimore Drive, Baltimore, Maryland 21244. Its
manager is Merritt Properties, LLC of the same address, and Merritt Properties LLC's President
is Robb L. Merritt.
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
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Reservation of Rights) and Section XII (Prospective Developer's Covenant Not to Sue), the
potential liability of Merritt—MW1, LLC for contaminants at the Brownfields Property.
The Parties agree that Merritt—MW 1, LLC's entry into this Agreement, and the actions
undertaken by Merritt—MW 1, LLC in accordance with the Agreement, do not constitute an
admission of any liability by Merritt—MW1, LLC for contaminants at the Brownfields Property.
The resolution of this potential liability, in exchange for the benefit Merritt—MW 1, 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 Merritt—MW1, 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 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
520 Hinton Pond Road (PIN 1744-56-5659)
Parcel Address(es)
& Parcel IDS
810 Silverpoint Drive (PIN 1744-57-3498)
0 Hinton Oaks Boulevard PINS 1744-46-7994 and 1744-47-6090
2
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BROWNFIELDS PROPERTY INFORMATION SUMMARY
Acreage
36.686 acres
Current Property
Merritt—MW I, LLC
Owner
Current Land Use(s)
Flex space buildings in various stages of construction, with one tenant
occupying a portion of completed space.
Site Vicinity Land
Primarily commercial with a shopping center to the south, an asphalt
Use(s)
and concrete plant to the east, a stone quarry to the north, and a US
Army Reserve Training Center to the west.
Industrial (including flex buildings), office, retail, warehousing, hotel,
Proposed Reuse(s)
associated parking, and subject to DEQ's prior written approval, other
commercial uses.
Return to productive use, increased tax base, spur to additional
Public Benefits of
community investment and redevelopment, creation of construction
Reuse
jobs, creation of additional industrial/warehousing/retail/office/hotel,
and subject to DEQ's prior written approval, other commercial space,
permanent jobs, and smart growth.
Existing Land Use
Restrictions Prior to
None.
Brownfields
Agreement
ENVIRONMENTAL INFORMATION SUMMARY
Historical
The Brownfields Property was historically used for residential and/or
Operations &
agricultural purposes from approximately 1937 through 1983. The
Contaminant
Brownfields Property also was used as a private sporting and gun club
Sources
from about the 1950suntil 1988, and was vacant after that time.
Current
Five flex -style buildings in various stages of construction, with one
Operations/Activities
tenant occupying a portion of completed space.
Soil: Lead and polycyclic aromatic hydrocarbons impacts from the
target range and trap & skeet field.
Groundwater: None identified
Exterior Soil Gas: Not applicable based on known historical
Contaminated Media
contaminant sources.
Sub -Slab Vapor: Not applicable based on known historical
contaminant sources and as no buildings or remnant slabs were at the
Brownfields Property during the assessment phase.
Indoor Air: Not applicable based on known historical contaminant
Sir Walter Gun Club/23068-19-092/14Nov2022

ENVIRONMENTAL INFORMATION SUMMARY
sources and as no enclosed buildings were at the Brownfields Property
during the assessment phase.
Surface Water/Sediment: None identified in on -site surface water, but
phenanthrene was detected in on -site sediment though it does not have
an established regulatory screening level.
ID Numbers/Permits
Inactive Hazardous Sites Branch NONCD0000019
Onsite Receptors
Construction workers, non-residential workers, potential hotel guests,
Considered
and trespassers. Streams and wetlands are located on the Brownfields
Property.
i. Water supply wells: No known water supply wells within the
specified search radius.
ii. Residential structures, churches, or childcare centers: None
Potential Offsite
known within 1,000 feet of the Brownfields Property.
Receptors
Considered
iii. Surface water: Streams and wetlands are located on the
Brownfields Property; sampling of the stream that transects
the Brownfields Property does not suggest migration of site
contaminants downgradient in the stream.
Potential offsite
Groundwater: None known.
migration pathways
Soil Va or: None known.
4. Environmental reports regarding the Brownfields Property referred to hereinafter as
the "Environmental Reports," include, but are not limited to:
a. Those that the Prospective Developer obtained or commissioned regarding the
Brownfields Property:
Title
Prepared by
Date of Report
Interim Redevelopment Summary Report,
S&ME, Inc.
January 31, 2022
Hinton Oaks Blvd
Remedial Action Completion Report,
S&ME, Inc.
December 21, 2021
Hinton Oaks Blvd
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Title
Prepared by
Date of Report
Additional Soil Assessment Report —
S&ME, Inc.
December 21, 2020
Revised, Sir Walter Gun Club
Limited Soil Assessment, Sir Walter Gun
S&ME, Inc.
August 4, 2020
Club
Brownfields Receptor Survey
S&ME, Inc.
June 6, 2020
Sediment, Surface Water, and Groundwater
S&ME, Inc.
February 26, 2020
Assessment, Sir Walter Gun Club
Phase I Environmental Site Assessment
Multiple Parcels -Intersection of Hinton
S&ME, Inc.
November 1, 2019
Oaks Blvd.
Reconnaissance Investigation Results,
AMEC
Former Sir Walter Gun Club Site
Environmental &
February 14, 2013
Kni htdale, North Carolina
Infrastructure, Inc.
Additional Soil Testing — Abandoned Rifle
Range Berms, Silver Plantation, Former Sir
S&ME, Inc.
January 4, 2011
Walter Gun Club
Removal of Lead Contaminants from the
paragon
Soil on the Silver Plantations, Site of the
Environmental
March 10, 1992
Abandoned Shooting Range Formerly
Group, Inc.
Utilized b Sir Walter Gun Club, Inc.
Division of Health
Memorandum, Sir Walter Gun Club
Services, Hazardous
January 31, 1989
Waste Management
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 November 18, 2019 and the
following:
a. On October 11, 2019, the Prospective Developer contracted to purchase the
Brownfields Property;
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Property;
b. On, May 12, 2021, the Prospective Developer purchased the Brownfields
c. On June 14, 2021, in accordance with an approved Environmental Management
Plan, the Prospective Developer began grading the Brownfields Property in preparation for
construction of the proposed buildings;
d. On December 13, 2021, the Prospective Developer began construction of the
buildings on the Brownfields Property;
e. On July 29, 2022, the Prospective Developer submitted a request to amend the
Brownfields Property Application to remove 9.524 acres of land from the proposed Brownfields
Property and provided a revised list of Parcel Identification Numbers for the four parcels which
now comprise the Brownfields Property after portions of the four previous parcels had been
subdivided and recombined (Wake County PINS 1744-47-6090, 1744-56-5659, l 744-57-3498,
and 1744-46-7994); and
f. On October 12, 2022, the Prospective Developer provided a revised affidavit
reflecting the resulting references for the parcels of the Brownfields Property noted in
subparagraph 5.e. above.
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
IN
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environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial, and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
7. The Parties agree that a $30,000 "Redevelopment Now" fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a
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
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following public benefits:
a. a return to productive use of the Brownfields Property and elimination of the
drawbacks of unoccupied property;
b. an increase in the Brownfields Property's productivity;
c. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
jobs;
d. the creation of approximately 300 temporary construction and 500 permanent
e. an increase in tax revenue for affected jurisdictions;
f. additional industrial (including flex buildings), office, retail, warehousing,
hotel, associated parking, and subject to DEQ's prior written approval, other commercial space
for the area; and
h. "smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe ("greenfields").
VI. WORK TO BE PERFORMED
9. The guidelines as embodied in their most current version, including parameters,
principles 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;
M.
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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 information,
and subject to imposition of and compliance with the land use restrictions set forth below, and
subject to Section XI of this Agreement (DEQ's Covenant Not to Sue and Reservation of
Rights), DEQ is not requiring Prospective Developer to perform any active remediation at the
Brownfields Property other than remediation that may be required pursuant to a DEQ-approved
Environmental Management Plan (EMP) as specified in subparagraph 13.c. below.
12. Based on the type and concentrations of impacts to soil and groundwater detected
during assessment activities as outlined in paragraphs 3 and 4 above, the Prospective Developer
has met the requirements of subparagraph 13.i. below, and as indicated in a Vapor Mitigation
Compliance Review letter (DEQ, May 31, 2022) to the Prospective Developer, vapor mitigation
is not required and there are no restrictions to building occupancy.
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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. All references to DEQ shall be understood to include any successor in function.
Land Uses
a. No use may be made of the Brownfields Property other than for industrial
(including flex buildings), office, retail, warehousing, hotel, associated parking, 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. "Industrial" is defined as the assembly, fabrication, manufacture,
processing, warehousing, or distribution of goods or materials, and can include flex parks, and
research and development uses.
ii. "Flex" is defined as industrial or office space intended for combined
business purposes that can be customized to meet a particular business need(s).
are provided.
iii. "Office" is defined as a place where business or professional services
iv. "Retail" is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
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open air markets, festivals, food halls, and the sales of food and beverage products, including
from mobile establishments such as food trucks.
v. "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.
vi. "Hotel" is defined as the provision of overnight lodging to paying
customers, and associated food services, gym, reservation, cleaning, utilities, parking and on -site
hospitality, management, and reception services.
vii. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same.
viii. "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 residential use, 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")
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approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators, soil
contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment.
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
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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;
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); and
vi. any actions taken which altered the integrity of the "Soil Management
Area" referenced in subparagraph 131. below and as delineated on the plat component of the
Notice of Brownfields Property referenced in paragraph 17 of this Agreement, and the steps
taken that reinstated the integrity of same.
Soil
e. No activity that disturbs soil on the Brownfields Property in the "Soil
Management Area" as delineated on the plat component of the Notice of Brownfields Property
referenced below in paragraph 17, may occur unless and until DEQ states in writing, in advance
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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:
inches;
i. in connection with landscape planting to depths not exceeding 24
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined in subparagraph 13.c. above.
f. Unless otherwise approved by DEQ in writing, 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
of the Brownfields Property as delineated on the plat component of the Notice of Brownfields
Property referenced in paragraph 17 of this Agreement.
g. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined in subparagraph 13.c.
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h. The soil within the "Soil Management Area" as delineated on the plat
component of the Notice of Brownfields Property referenced in paragraph 17 of this Agreement
that DEQ determines through a site -specific risk assessment would not likely contaminate
groundwater if capped, or would not likely pose an imminent threat to public health or the
environment if exposed, shall be covered with an impervious or hard pervious surface, to the
written satisfaction of DEQ. Said cover shall be maintained to DEQ's satisfaction and may
include any structure or groundcover consisting of asphalt, concrete, or other material approved
by DEQ, that prevents the absorption of surface water into the soil, or any structure or
groundcover that allows absorption of surface water into the soil, but has a hard surface formed
or cast in place that protects land users from exposure to any contaminants in the soil.
Vapor Intrusion
i. No enclosed building may be constructed on the Brownfields Property and no
existing building may be occupied until DEQ determines in writing that:
i. the building is or would be protective of the building's users and public
health from the risk of vapor intrusion based on site assessment data, or a site -specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate 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
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Technologists (AARST) standards, and that a professional engineer licensed in North Carolina,
as evidenced by said engineer's professional seal, is satisfied that the design is fully protective of
public health, and shall include a performance monitoring plan detailing methodologies and
schedule, both of which are subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as -built diagrams, photographs, and a description of the installation, with
said engineer's professional seal confirming that the engineer is satisfied that the system was
installed per the DEQ approved design. If any deviations from the system design were necessary
during installation, then the report shall include details on said deviations, as well as the
engineer's seal certifying the VIMS, as installed, was installed in such a manner so as to be fully
protective of public health.
Surface Water
j. Surface water at the Brownfields Property may not be used for any purpose,
other than in connection with legally compliant storm water collection and reuse techniques,
without the prior written approval of DEQ.
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.
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Notification of Tenants
1. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: "This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Wake County land
records, Book , Page
" A copy of any such instrument
shall be sent to the persons listed in Section 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 as to leasehold interests: (i) If every lease or 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
in. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement, and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
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i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as constituents of products and materials customarily used and stored in
industrial (including flex buildings), office, retail, warehousing, hotel, associated parking, and
subject to DEQ's prior written approval, other commercial use environments, provided such
products and materials are stored in original retail packaging and used and disposed of in
accordance with applicable laws;
iii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment, and vehicles in on -board tanks integral to said equipment or in flammable
liquid storage containers totaling no more than 25 gallons; and
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
n. During January of each year after the year in which the Notice referenced
below in paragraph 17 is recorded, the owner of any part of the Brownfields Property as of
January 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of Wake County, certifying that,
as of said January 1 st, the Notice of Brownfields Property containing these land use restrictions
remains recorded at the Wake County Register of Deeds office and that the land use restrictions
are being complied with. If the property is transferred, the grantor shall submit a LURU (as
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outlined above) which covers the period of time the grantor owned the Brownfield 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 cap installed over the "Soil Management Area" pursuant
to subparagraph 13.i. above is being maintained such that it is intact, uncompromised, in good
condition, and continuing to serve as barriers to the soil contamination in relation to which they
were installed;
iv. A joint LURU may be submitted for multiple owners by a duly
constituted board or association and shall include the Brownfields Property address, and the
name, mailing address, telephone number, and contact person's e-mail address of the entity
submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is
submitted;
v. 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
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requirements in paragraphs 18 and 19 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; and
vi. A property owners' association or other entity may perform this
LURU's duties, on behalf of some or all owners of the Brownfields Property, if said association
or entity has accepted responsibility for such performance pursuant to a notarized instrument
satisfactory to DEQ that includes at a minimum, the Brownfields property address, and the name,
mailing address, telephone number, and e-mail address of each owner on whose behalf the
LURU is proposed to be submitted.
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 1N INTEREST
16. In addition to providing access to the Brownfields Property pursuant to subparagraph
131. above, while Prospective Developer owns the Brownfields Property, Prospective Developer
shall provide DEQ, its authorized officers, employees, representatives, and all other persons
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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.
IT 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 VII (Land Use Restrictions) 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 Wake County, North
Carolina, Register of Deeds' Office. Within three (3) days thereafter, Prospective Developer
shall furnish DEQ a copy of the documentary component of the Notice containing a certification
by the register of deeds as to the Book and Page numbers where both the documentary and plat
components of the Notice are recorded, and a copy of the plat with notations indicating its
recordation.
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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 Wake
County land records, Book , Page
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 as to leasehold
interests: (i) If every lease or 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
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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 while Prospective
Developer owns the Brownfields Property, the Prospective Developer shall immediately take all
appropriate action to prevent, abate, or minimize such release or threat of release, shall comply
with any applicable notification requirements under NCGS § 130A-310.1 and 143-215.85,
Section 103 of CERCLA, 42 USC § 9603, and/or any other law, and shall immediately notify the
DEQ Official referenced in subparagraph 32.a. below of any such required notification.
X. CERTIFICATION
21. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than the uses 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.
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XI. DEO'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
22. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
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
24
Sir Walter Gun Club/23068-19-092/14Nov2022

Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-3 l 0.35.
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,
25
Sir Walter Gun Club/23068-19-092/14Nov2022

license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § I I3A-1, et SeMc .
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 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
26
Sir Walter Gun Club/23068-19-092/14Nov2022

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)(l)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XV. DOCUMENT RETENTION
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
27
Sir Walter Gun Club/23068-19-092/14Nov2022

Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XVI. PAYMENT OF ENFORCEMENT COSTS
31. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section VI (Work to be Performed) and Section
VII (Land Use Restrictions), it shall be liable for all litigation and other enforcement costs
incurred by DEQ to enforce this Agreement or otherwise obtain compliance.
XVII. NOTICES AND SUBMISSIONS
32. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information or delivery method, all notices and submissions pursuant to this
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:
Sir Walter Gun Club/23068-19-092/14Nov2022

Robb L. Merritt, President (or successor in function)
Merritt—MWI, LLC
2066 Lord Baltimore Drive
Baltimore, Maryland 21244
Notices and submissions sent by prepaid first-class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVIII. EFFECTIVE DATE
33. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ's approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in NCGS § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and to invalidate its signature on this Agreement.
XIX. TERMINATION OF CERTAIN PROVISIONS
34. If any Party believes that any or all of the obligations under Section VIII
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
29
Sir Walter Gun Club/23068-19-092/14Nov2022

in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XX. CONTRIBUTION PROTECTION
35. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
36. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
37. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XXI. PUBLIC COMMENT
38. This Agreement shall be subject to a public comment period of at least 30 days
starting 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
30
Sir Walter Gun Club/23068-19-092/14Nov2022

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:
MERRITT—MW1, LLC
By:
Robb L. Merritt
President
31
Date
Sir Walter Gun Club/23068-19-092/14Nov2022

EXHIBIT 1

Exhibit 2
Brownfields Property Name: Sir Walter Gun Club
Brownfields Project Number: 23068-19-092
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.
SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial Health -Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (July
2022 version):
Soil
Contaminant
2
Sample Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Industrial
Screening
Level'
(mg/kg)
Arsenic
3133/4130
0.25
11/09/1988
6
3.0
Benzo(a)anthracene
HA-28
0.0 - 0.5
6/24/2020
55
21
HA-37
0.0 -0.5
11/17/2020
25
Benzo(a)pyrene
HA-27
0.0 - 0.5
6/24/2020
2.8
2.1
HA-28
0.0 - 0.5
6/24/2020
83
HA-37
0.0 - 0.5
11/17/2020
37
S-1 C-3 Grab/Du
0.0 - 0.5
10/12/2010
16/18
S-1 Comp
0.0 - 0.5
10/12/2010
7.4
S-3 Comp
0.0 -0.5
10/12/2010
2.5
3133/4130
0.25
11/9/1988
15.67
Benzo(g,h,i)perylene
HA-18
1.0 - 1.5
6/23/2020
0.25 J
NSE
IA-23
0.0 - 0.5
6/24/2020
0.077 J
HA-27
0.0-0.5
6/24/2020
1.3
HA-27
1.0 - 1.5
6/24/2020
0.098 J
HA-28
0.0 - 0.5
6/24/2020
34
HA-35
0.0 - 0.5
11/17/2020
0.19 J
HA-IA
0.0 - 0.5
11/17/2020
0.083 J
IA-37
0.0 - 0.5
11/17/2020
32
IA-37
1.0-1.5
11/17/2020
0.19 J
HA-38
0.0 - 0.5
11/17/2020
0.59
S-1 C-3 Grab/Du
0.0-0.5
10/12/2010
9.1/7.8
S-1 Comp
0.0-0.5
10/12/2010
4.8
Sir Walter Gun Club/23068-19-092/14Nov2022

Soil
Contaminant
Sample Location z
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
m /k
Industrial
Screening
Level'
(mg/kg)
Benzo(g'pe lene h i)
S-3 Comp
0.0-0.5
10/12/2010
1.3
NSE
3133/4130
0.25
10/12/2010
14.5
Benzo(b)fluoranthene
IA-28
0.0 - 0.5
6/24/2020
110
21
HA-37
0.0 - 0.5
11/17/2020
39
S-1 C-3 Grab/Du
0.0 - 0.5
10/12/2010
20/23
Dibenzo a,h anthracene
S-1 C-3 Grab/Du
0.0 - 0.25
10/12/2010
2.3/2.6
2.1
Indeno(1,2,3-cd)pyrene
HA-28
0.0 - 0.5
6/24/2020
31
21
HA-37
0.0 - 0.5
11/17/2020
22
4-Isopropyltoluene
HA-12
0.0 - 0.5
06/23/2020
0.0045
NSE
HA-13
0.0 - 0.5
06/23/2020
0.013
HA-17
0.0 - 0.5
06/23/2020
0.000911
HA-20
0.0 - 0.5
06/23/2020
0.0028
HA-20 Dup
0.0 - 0.5
06/23/2020
0.0018
HA-27
0.0 - 0.5
06/24/2020
0.0024
BG
0.0 - 0.5
06/24/2020
0.0016
HA-35
0.0 - 0.5
11/17/2020
0.0008 J
HA-37
0.0 - 0.5
11/17/2020
0.00058 J
HA-3 8
0.0 - 0.5
11/17/2020
0.0007 J
HA-40
0.0 - 0.5
11/17/2020
0.0021
HA-41
0.0 - 0.5
11/17/2020
0.0056
HA-42
0.0 - 0.5
11/17/2020
0.011
HA-43
0.0 - 0.5
11/17/2020
0.00065 J
DUP 11-17-20
0.0 - 0.5
11/17/2020
0.0048
Lead
S-1 COMP
0.0 - 0.5
10/12/2010
5,100
800
S-1 COMP
1.0 - 1.5
10/12/2010
1,200
S-3 Comp
0.0 - 0.5
10/12/2010
3,000
S-3 Comp
1.0-1.5
10/12/2010
3,200
S-4 C-1 Grab
0.0 - 0.5
10/12/2010
7,800
S-4 Comp0.0
- 0.5
10/12/2010
3,400
S-4 Comp
1.0-1.5
10/12/2010
8,200
S-5 Comp
1.0 - 1.5
10/12/2010
3,500
3133/4130
0.25
11/9/1988
11,600
3135/4132
0.25
11/9/1988
7,200
Phenanthrene
HA-18
0.0 - 0.5
6/23/2020
0.17 J
NSE
HA-23
0.0 - 0.5
6/24/2020
0.041 J
HA-27
0.0 - 0.5
6/24/2020
1.1
HA-27
1.0-1.5
6/24/2022
0.088 J
HA-28
0.0 - 0.5
6/24/2020
38
Sir Walter Gun Club/23068-19-092/14Nov2022

Soil
Contaminant
2
Sample Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
m /k
Industrial
Screening
Level'
(mg/kg)
HA-35
0.0-0.5
11/17/2020
0.18 J
HA-36
0.0-0.5
11/17/2020
0.069 J
HA-37
0.0-0.5
11/17/2020
13
HA-37
1.0-1.5
11/17/2020
0.097 J
HA-38
0.0-0.5
11/17/2020
0.27 J
Phenanthrene
NSE
S-1 Comp Grab
0.0-0.5
10/12/2010
14/14
S-1 Comp
0.0-0.5
10/12/2010
4.1
S-3 Comp
0.0-0.5
10/12/2010
0.79
3133/4130
0.25
10/12/2010
2.17
'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.
2Sample locations HA-18, HA-20, HA-27, HA-28, HA-35, HA-37, HA-38, HA-42, S-1 Comp, S-1 Comp
Grab, S-1 C-3 Grab, S-3 Comp, S-3 C-1 Grab, S-4 C-1 Grab, S-4 Comp, S-5 Comp, 3133/4130 and
3135/4132 represent soil that has been excavated, blended to stabilize lead in the impacted soil, and
placed in the Soil Management Area as denoted on the Brownfields Survey Plat, which is Exhibit B to the
Brownfields Agreement.
NSE — No screening level established
BG — Background soil sample
J — Estimated value between the method detection limit and the laboratory reporting limit
SEDIMENT
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial Health -Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (July
2022 version):
Industrial
Sediment
Date of
Concentration
Screening
Sample Location
Exceeding Standard
Contaminant
Sampling
Level'
(mg/kg)
(mg/kg)
SED-2
11/18/2019
0.064 J
Phenanthrene
NSE
SED-3/Duplicate 2
11/18/2019
0.13 J/0.093 J
'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.
Sir Walter Gun Club/23068-19-092/14Nov2022

UNITED STATES OF AMERICA
D.B. 14027, PG. 1886
B.M. 2010, PG. 750-751
P.I.N.1744-47-2192
I, STEPHEN B, MULLINS, CERTIFY THAT THIS PLAT WAS DRAWN UNDER
MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY
SUPERVISION (DEED DESCRIPTION(S) RECORDED AS SHOWN ON
HEREON); THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY
INDICATED AS DRAWN FROM INFORMATION SHOWN ON THE FACE OF
THIS PLAT; THAT THE RATIO OF PRECISION OR POSITIONAL
ACCURACY AS CALCULATED IS 1:20,000+; AND THAT THIS PLAT WAS
PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED.
I ALSO CERTIFY TO ONE OR MORE OF THE FOLLOWING:
I CERTIFY THAT THIS SURVEY IS OF ANOTHER CATEGORY, SUCH AS
THE RECOMBINATION OF EXISTING PARCELS, A COURT -ORDERED
SURVEY, OR OTHER EXEMPTION OR EXCEPTION TO THE DEFINITION
OF SUBDIVISION.
WITNESS MY ORIGINAL SIGNATURE, LICENSE NUMBER & SEAL THIS
24th DAY OF OCTOBER, A.D. 2021.
STEPHEN B. MULLINS, PROFESSIONAL LAND SURVEYOR
LICENSE NUMBER L-3059
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B M 2015 PG 381
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P.I.N. 1744-59-2979
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\ \ \
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�����' 1,145,324S.F. ��� \
L13 �� �' � \ MERRITT MW1 LLC HA-43
\
\ \ \ HA-17 ' VARIABLE WIDTH D.B. 18499, PG. 1796
20' PUBLIC \ Ll l �� \ \ SCM ACCESS B.M. 2021, PG. 1909-1910 �' \
�\ EASEMENT P.I.N.1744-56-5659-
DRAINAGE EASEMENT KNIGHTDALE VENTURES, LLC \ \ HA-23
B.M. 2015, PG. 1371 D.B. 18611, PG. 1667 !9\ ` B.M. 2021, PG. 1909-1910 HA-36
B.M. 2015, PG. 970 (8 \•\ /'/���� ///���'
P.I.N.1744-46-9553
\ HINTON POND ROAD IPF
64' PUBLIC RIW !s \
B.M. 2015, PG. 1371
/b, RBF 1 10660
/ POND
\ V3 IPF \
7.03' GJ L2 359 82
r�
PF
IPF
REFERENCES:
MERRITT-MW1, LLC
D.B. 18499, PG. 1796
B.M.2021, PG. 1909-1910 \ \ TARGET CORPORATION
B.M. 2015, PG. 970 \ \ B.M.114382005, PG. 111270
B.M. 2015, PG. 381
B.M. 2010, PG. 750-751 P.I.N. 1744-55-3762
B.M. 2014, PG. 1734-1736
P.I.N. 1744-56-5659
P.I.N. 1744-57-3498
P.I.N. 1744-47-6090
P.I.N. 1744-46-7994
MAP BASED ON SURVEY BY MCKIM &
CREED ENTITLED "ALTA/NSPS LAND
TITLE SURVEY PROPERTIES OF
CHARLES H. SILVER, JR. FOR MERRITT
PROPERTIES", DATED DECEMBER 15,
2019.
GRAPHIC SCALE
150' 0' 75' 150' 300'
1 INCH = 150 FEET
BROWNFIELDS
PROPERTY
BOUNDARY
BBK MIDWAY PLANTATION, LLC
D.B.17505, PG.2670
B.M. 2006, PG. 129
P.I.N.1744-65-2987
IPF
NAD83 (2011)
N:746,361.86
E:2,146,479.3
NOTES
1. NO NGS MONUMENT FOUND WITHIN 2,000 FEET OF THE SITE.
2. THE FOLLOWING INFORMATION WAS USED TO OBTAIN NC GRID NAD 83 (2011),
NAVD 88 (GEOID 12B) STATE PLANE COORDINATES (SPC) FOR THIS PROJECT:
2.1. CLASS OF SURVEY: URBAN LAND SURVEYS (CLASS A)
2.2. POSITIONAL ACCURACY: 0.03' (H), 0.07' (V)
2.3. GPS FIELD PROCEDURE: VRS
2.4. DATE OF SURVEY: 4-9-2021
2.5. DATUM/EPOCH: NAD 83 (2011), EPOCH 2O10.00
2.6. PUBLISHED DATE/FIXED CONTROL USED: VRS, NCRD
2.7. GEOID MODEL: GEOID 12B
2.8. COMBINED GRID FACTOR: 0.9999084473
2.9. UNITS: U.S. SURVEY FEET
2.10. GRID/GROUND POINT: Y(N) 746,620.70 X(E) 2,146,961.26
3. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN U.S. SURVEY FEET
UNLESS OTHERWISE NOTED.
4. ALL AREAS DERIVED BY THE COORDINATE COMPUTATION METHOD.
5. PROPERTY SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. THIS
PLAT IS A CORRECT REPRESENTATION OF THE LAND PLATTED AND HAS BEEN
PREPARED IN CONFORMITY WITH NORTH CAROLINA STANDARDS, G.S. 47-30,
AND REQUIREMENTS OF LAW, BUT A NORTH CAROLINA LICENSED
ATTORNEY -AT -LAW SHOULD BE CONSULTED REGARDING CORRECT OWNERSHIP,
WIDTH, AND LOCATION OF EASEMENTS AND OTHER TITLE QUESTIONS
REVEALED BY TITLE EXAMINATION.
6. LINES NOT SURVEYED ARE SHOWN AS BROKEN LINES FROM INFORMATION
REFERENCED ON THE FACE OF THIS PLAT.
7. SUBJECT PROPERTY IS NOT LOCATED WITHIN A FLOOD HAZARD AREA
ACCORDING TO FLOOD INSURANCE RATE MAP 3720174400J DATED MAY, 02, 2006.
8. LOCATION OF UTILITIES, WHETHER PUBLIC OR PRIVATE, IS BASED UPON FIELD
LOCATION OF VISIBLE APPURTENANCES ONLY. IT IS THE CONTRACTOR'S
RESPONSIBILITY TO VERIFY LOCATION PRIOR TO COMMENCEMENT OF ANY
CONSTRUCTION. WITHERSRAVENEL CANNOT ASSUME RESPONSIBILITY FOR
MISIDENTIFICATION OR OMISSION OF UNDERGROUND UTILITIES.
9. SCM MAINTENANCE & ACCESS EASEMENT GRANTS TOWN OF KNIGHTDALE
ENTRY\ACCESS FOR INSPECTIONS AND SHOULD THERE BE AN ISSUE, FAILURE
EMERGENCE, ECT. OTHERWISE, BOTH THE EASEMENT AND SCM DEVICE ARE
TO BE MAINTAINED BY THE PROPERTY OWNER/DEVELOPER/OWNERS
ASSOCIATION.
10. THE AREAS AND TYPES OF CONTAMINATION DEPICTED HEREON ARE
APPROXIMATIONS DERIVED FROM THE BEST AVAILABLE INFORMATION AT THE
TIME OF FILING. A LISTING OF THE TECHNICAL REPORTS USED TO PREPARE
THIS PLAT ARE AVAILABLE IN THE BROWNFIELDS AGREEMENT FOR THIS
PROPERTY.
11. THE SOIL MANAGEMENT AREA DENOTES THE LOCATION OF STABILIZED AND
COVERED LEAD -IMPACTED SOIL REMOVED FROM OTHER AREAS OF THE
BROWNFIELDS PROPERTY THAT IS REPRESENTED BY SOIL SAMPLES HA-18,
HA-20, HA-27, HA-28, HA-35, HA-37, HA-38, HA-42, S-1 COMP, S-1 COMP GRAB,
S-1C-3 GRAB, S-3 COMP, S-3 C-1 GRAB, S-4 C-1 GRAB, S-4 COMP, S-5 COMP,
3133/4130 AND 3135/4132 AS LISTED ON THE EXHIBIT 2. ORIGINAL SAMPLE
LOCATIONS MAY BE FOUND IN THE TECHNICAL REPORTS FOR THIS
BROWNFIELDS PROPERTY.
BROWNFIELDS
PROPERTY
BOUNDARY
HINTON LAND, LLC
D.B. 10147, PG. 682
6; P.I.N.1744-66-6722
IPF
PF _ �c,
S 87°39'18" W 289;85'
40' PRIVATE ACCESS \
EASEMENT
D.B. 11401, PG. 2634
D.B. 11401, PG. 2644
B.M. 2005, PG. 1125
IPF
HD DEVELOPMENT OF
MARYLAND, INC.
D.B.12800, PG.2729
B.M. 2005, PG. 1125-1128
P.I.N. 1744-66-8147
LEGEND
STREET ADDRESS Es
(IPF)-IRON PIPE FOUND
(IPF)-IRON PIPE SET
(RBF)-REBAR FOUND
(o)-SOIL BORING
(TOCB)-TOP OF CREEK BANK
(TOK)-TOWN OF KNIGHTDALE
BROWNFIELDS PROPERTY BOUNDARY
BOUNDARY LINE NOT SURVEYED
EXISTING BUILDING LOCATION - - - - - - - - - - - - - - - -
FUTURE BUILDING LOCATION - - - - - - - - - - - - - - - - - - - - - - - - -
CENTERLINE - - - - -
EASEMENT - -
POND
RIGHT OF WAY - - - -
RIPARIAN BUFFER
WETLAND � SOIL MANAGEMENT AREA

LAND USE RESTRICTIONS
LAND USE RESTRICTIONS
LAND USE RESTRICTIONS
EXHIBIT 2
BROWNFIELDS PROPERTY NAME: SIR WALTER GUN CLUB
BROWNFIELDS PROJECT NUMBER: 23068-19-092
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.
SOIL
SOIL CONTAMINANTS IN MILLIGRAMS PER KILOGRAM (THE EQUIVALENT OF PARTS PER
MILLION), THE SCREENING LEVELS FOR WHICH ARE DERIVED FROM THE PRELIMINARY
INDUSTRIAL HEALTH -BASED SOIL REMEDIATION GOALS OF THE INACTIVE HAZARDOUS SITES
BRANCH OF DEQ'S SUPERFUND SECTION (JULY 2022 VERSION):
Soil
Contaminant
Sample Location '
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening L
mg/k
Screening
Level'
(mg/kg)
Arsenic
3133/4130
025
IV09f1988
6
3.0
I3enzo{a]anthraceae
HA-28
0.0-0.5
6,"24/2020
55
2l
HA-37
0.0 -0.5
11/17i2020
25
Beazo(a)pyrene
HA-27
0.0 - 0.5
6,1'24/2020
2.9
2.1
HA-28
0 0 - 0 5
6i2412020
83
HA-37
0.0-0.5
11/17/2020
37
S-1 C-3 Grah'Du
0.0 - 0.5
10/12/2010
16/18
S-1 comp
0.0- 05
10/12i2010
7.4
S-3 Comp
0.0 -0.5
10112i2010
25
3133/'4130
0.25
11/9/1988
15.67
Benzo(gh,i)perylene
HA-18
1.0 - 1.5
6, 23/2020
0257
NSE
HA-23
0.0 - 0.5
6i24/2020
0.077 J
HA-27
0.0-0.5
6/24/2020
13
HA-27
1.0- 1.5
&24`2020
0.098 J
HA-28
0.0 - 0.5
6124i2020
34
HA-35
0.0 - 0.5
11/1 W2020
0.19 J
HA-36
0_0- 05
11117i202D
00831
HA-37
0.0 - 0.5
l li 17/2020
32
HA-37
1.0-15
11/17/2020
0191
HA-38
0.0-0.5
11/17i202O
0.59
S-1 G-3 Gra
0.0-0.5
10/12/2010
9.1/7.8
S-1 Comp
0.0-0.5
10/12/2010
4.9
Benzo{g,h,i)perylene
S-3 Cam
0.0-0.5
10/12i2010
13
NSE
3133,'4130
025
10/12+2010
14.5
8
Contaminant
Sample Location
Sample
D
$)
Date n
Sampling
Concentration
Exceeding
Screening
Level
m
industrial
Screening
Level'
(mg/kg)
Benw(b)fluoranthene
HA-29
0.0 - 0.5
& 24/2020
110
21
HA-37
0-0-0-5
11/17/2020
39
9-1 C-3 Grab+Du
0.0 - 0.5
10/12/2010
20123
Dibenzo(a,a)anthracene
9-1 C-3 GraWDup
0.0 - 0.25
10/12i2010
23.;2.6
2.1
Ondeno(1,2,3�d)pyrene
HA 28
0-0-0-5
6124.2020
31
21
HA-37
0.0-0.5
llil7/2020
22
4-Isopropyltoluene
HA 12
0.0 - 0.5
06/23/2020
0.0045
NSE
HA-13
0.0 - 0.5
06/23/2020
C.0 13
HA-17
0.0 - 0.5
06/23'2020
0.000911
HA-20
0.0 - 05
06.`23/2020
0.0O28
HA-20 Dup
0.0 - 0.5
06/23/2020
0.0018
HA-27
0.0 - 0.5
06 `2412020
0.0024
BG
0.0 - 0.5
06/24/2020
0.0016
HA-35
0.0- 0.5
11/17/2020
0.0008 J
HA-37
0-9-0-5
11/17/2020
0.00058 J
HA-39
0 0 - 05
I LI T,2020
-0 0007 J
HA-40
0.0-0.5
11117i2020
0.0021
HA-41
0.0- 0.5
11/17 2020
0.0056
HA-42
0.0-0.5
1117i2020
0.C11
HA-43
0.0- 0.5
11/1712020
0.00065 J
DUP 11-17-20
0.0-0.5
11/17,12020
0.0048
Lead
s-1 Comp
0.0-0.5
10il2/2010
5,100
8D0
S-1 comp
10/12/2010
1 200
S-3 Comp
0.0 - 0.5
10/12i2010
3,000
S-3 Cam
1.0-1.5
1W12.2010
3200
S-4CAGrab
0-0-0_5
1011V2010
7,800
S-4
0.0-0.5
10/12/2010
3400
S-4 Comp
1.0-1.5
10/12/2010
8,200
S-5 Comp
1.0 - 1.5
10112i2010
3,500
3133/4130
025
11/9/1988
11600
3135/4132
0.25
11/9A988
7,200
Phenanthrene
HA-18
a a - 0.5
6,/2312020
0.17 J
NSE
HA-23
0.0- 0.5
6,24/2020
0.041 J
HA-27
0.0-0.5
6i24/2020
Ll
HA 27
1.0-1.5
6/24/2022
0.083 I
HA-28
0.0 - 0.5
6i2412020
38
Phenanthrene
HA-35
0.0-05
11'17'2020
0.181
NSE
HA-36
0.0-0.5
11/17'2020
0.0697
HA-37
0.0-0.5
11/17/2020
13
HA 37
1.0-1.5
11.11712020
0.097 J
HA-38
0.0-0.5
11/1712C20
027 J
S-1 Comp Grab
0.0-0.5
00/12�2010
14,'14
S-1
0.0-0.5
10112�2010
4.1
S-3Com
0.0-0.5
1WIV2010
0.79
3133d4130
0.25
101IV2010
2.17
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.
2SAMPLE LOCATIONS HA-18, HA-20, HA-27, HA-28, HA-35, HA-37, HA-38, HA42, S-1 COMP, S-1 COMP
GRAB, S-1 C-3 GRAB, S-3 COMP, S-3 C-1 GRAB, S-4 C-1 GRAB, S4 COMP, S-5 COMP, 3133/4130 AND
3135/4132 REPRESENT SOIL THAT HAS BEEN EXCAVATED BLENDED TO STABILIZE LEAD IN THE
IMPACTED SOIL, AND PLACED IN THE SOIL MANAGEMENT AREA AS DENOTED ON THE
BROWNFIELDS SURVEY PLAT, WHICH IS EXHIBIT B TO THE BROWNFIELDS AGREEMENT.
NSE - NO SCREENING LEVEL ESTABLISHED
BG - BACKGROUND SOIL SAMPLE
J - ESTIMATED VALUE BETWEEN THE METHOD DETECTION LIMIT AND THE LABORATORY
REPORTING LIMIT
SEDIMENT
SOIL CONTAMINANTS IN MILLIGRAMS PER KILOGRAM (THE EQUIVALENT OF PARTS PER
MILLION), THE SCREENING LEVELS FOR WHICH ARE DERIVED FROM THE PRELIMINARY
INDUSTRIAL HEALTH -BASED SOIL REMEDIATION GOALS OF THE INACTIVE HAZARDOUS SITES
BRANCH OF DEQ'S SUPERFUND SECTION (JULY 2022 VERSION):
Industrial
Concentration
Sedunent
Date of
Screernng
Conta imant
Sample Location
Sampling
Exceeding Standard
Levels
(MgAp)
(mg/kg)
SE,D -2
11! 18;2019
0.064 J
Phenanthrene
NSE
SED-3:Duplic3te 2
1 11/18l2019
0.13 J/0_093 J
NCGS 130A-310.35(A) REQUIRES RECORDATION OF A NOTICE OF BROWNFIELDS PROPERTY ("NOTICE") THAT
IDENTIFIES ANY RESTRICTIONS ON THE CURRENT AND FUTURE USE OF A BROWNFIELDS PROPERTY THAT ARE
NECESSARY OR USEFUL TO MAINTAIN THE LEVEL OF PROTECTION APPROPRIATE FOR THE DESIGNATED CURRENT OR
FUTURE USE OF THE PROPERTY AND THAT ARE DESIGNATED IN A BROWNFIELDS AGREEMENT PERTAINING TO THE
PROPERTY. THIS SURVEY PLAT CONSTITUTES ONE OF THREE EXHIBITS TO THE NOTICE PERTAINING TO THE
BROWNFIELDS PROPERTY DEPICTED ON THIS PLAT AND RECORDED AT THE WAKE COUNTY REGISTER OF DEEDS'
OFFICE. THE EXHIBITS TO THE NOTICE ARE: THE BROWNFIELDS AGREEMENT FOR THE SUBJECT PROPERTY, WHICH IS
ATTACHED AS EXHIBIT A TO THE NOTICE; A REDUCED VERSION OF THIS SURVEY PLAT, WHICH IS ATTACHED AS
EXHIBIT 8 TO THE NOTICE; AND A LEGAL DESCRIPTION FOR THE SUBJECT PROPERTY, WHICH IS ATTACHED AS EXHIBIT
C TO THE NOTICE.
THE LAND USE RESTRICTIONS BELOW HAVE BEEN EXCERPTED VERBATIM FROM PARAGRAPH 13 OF THE
BROWNFIELDS AGREEMENT, AND ALL PARAGRAPH LETTERS/NUMBERS ARE THE SAME AS THOSE USED IN THE
BROWNFIELDS AGREEMENT. THE FOLLOWING LAND USE RESTRICTIONS ARE HEREBY IMPOSED ON THE BROWNFIELDS
PROPERTY AND SHALL REMAIN IN FORCE IN PERPETUITY UNLESS CANCELED BY THE SECRETARY OF THE NORTH
CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY (OR ITS SUCCESSOR IN FUNCTION), OR HIS/HER DESIGNEE,
AFTER THE HAZARDS HAVE BEEN ELIMINATED, PURSUANT TO NCGS § 130A-310.35(E):
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. ALL REFERENCES TO DEQ SHALL BE UNDERSTOOD TO INCLUDE ANY SUCCESSOR IN FUNCTION.
LAND USES
A. NO USE MAY BE MADE OF THE BROWNFIELDS PROPERTY OTHER THAN FOR INDUSTRIAL (INCLUDING
FLEX BUILDINGS), OFFICE, RETAIL, WAREHOUSING, HOTEL, ASSOCIATED PARKING, 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. "INDUSTRIAL" IS DEFINED AS THE ASSEMBLY, FABRICATION, MANUFACTURE, PROCESSING,
WAREHOUSING, OR DISTRIBUTION OF GOODS OR MATERIALS, AND CAN INCLUDE FLEX PARKS, AND RESEARCH AND
DEVELOPMENT USES.
11. "FLEX" IS DEFINED AS INDUSTRIAL OR OFFICE SPACE INTENDED FOR COMBINED BUSINESS
PURPOSES THAT CAN BE CUSTOMIZED TO MEET A PARTICULAR BUSINESS NEED(S).
III. "OFFICE" IS DEFINED AS A PLACE WHERE BUSINESS OR PROFESSIONAL SERVICES ARE PROVIDED.
IV. "RETAIL" IS DEFINED AS THE SALE OF GOODS OR SERVICES, PRODUCTS, OR MERCHANDISE
DIRECTLY TO THE CONSUMER OR BUSINESSES AND INCLUDES SHOWROOMS, PERSONAL SERVICE, OPEN AIR
MARKETS, FESTIVALS, FOOD HALLS, AND THE SALES OF FOOD AND BEVERAGE PRODUCTS, INCLUDING FROM MOBILE
ESTABLISHMENTS SUCH AS FOOD TRUCKS.
V. "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.
VI. "HOTEL" IS DEFINED AS THE PROVISION OF OVERNIGHT LODGING TO PAYING CUSTOMERS, AND
ASSOCIATED FOOD SERVICES, GYM, RESERVATION, CLEANING, UTILITIES, PARKING AND ON -SITE HOSPITALITY,
MANAGEMENT, AND RECEPTION SERVICES.
VII. "PARKING" IS DEFINED AS THE TEMPORARY ACCOMMODATION OF MOTOR VEHICLES IN AN AREA
DESIGNED FOR SAME.
VIII. "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.
B. THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR RESIDENTIAL USE, 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 PARAGRAPH 3 ABOVE;
III. CONTINGENCY PLANS FOR ADDRESSING, INCLUDING WITHOUT LIMITATION THE TESTING OF SOIL
AND GROUNDWATER, NEWLY DISCOVERED POTENTIAL SOURCES OF ENVIRONMENTAL CONTAMINATION (E.G., LISTS,
TANKS, DRUMS, SEPTIC DRAIN FIELDS, OIL -WATER SEPARATORS, SOIL CONTAMINATION); AND
IV. PLANS FOR THE PROPER CHARACTERIZATION AND DEQ APPROVAL OF BOTH FILL SOIL BEFORE
IMPORT TO THE BROWNFIELDS PROPERTY AND THE DISPOSITION OF ALL SOIL EXCAVATED FROM THE BROWNFIELDS
PROPERTY DURING REDEVELOPMENT.
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;
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); AND
VI. ANY ACTIONS TAKEN WHICH ALTERED THE INTEGRITY OF THE "SOIL MANAGEMENT AREA"
REFERENCED IN SUBPARAGRAPH 13.H. BELOW AND AS DELINEATED ON THE PLAT COMPONENT OF THE NOTICE OF
BROWNFIELDS PROPERTY REFERENCED IN PARAGRAPH 17 OF THIS AGREEMENT, AND THE STEPS TAKEN THAT
REINSTATED THE INTEGRITY OF SAME.
SOIL
E. NO ACTIVITY THAT DISTURBS SOIL ON THE BROWNFIELDS PROPERTY IN THE "SOIL MANAGEMENT AREA"
AS DELINEATED ON THE PLAT COMPONENT OF THE NOTICE OF BROWNFIELDS PROPERTY REFERENCED BELOW IN
PARAGRAPH 17, MAY OCCUR UNLESS AND UNTIL DEQ STATES IN WRITING, IN ADVANCE OF THE PROPOSED ACTIVITY,
THAT SAID ACTIVITY MAY OCCUR IF CARRIED OUT ALONG WITH ANY MEASURES DEQ DEEMS NECESSARY TO ENSURE
THE BROWNFIELDS PROPERTY WILL BE SUITABLE FOR THE USES SPECIFIED IN SUBPARAGRAPH 13.A. ABOVE WHILE
FULLY PROTECTING PUBLIC HEALTH AND THE ENVIRONMENT, EXCEPT:
I. IN CONNECTION WITH LANDSCAPE PLANTING TO DEPTHS NOT EXCEEDING 24 INCHES;
II. MOWING AND PRUNING OF ABOVE -GROUND VEGETATION;
III. FOR REPAIR OF UNDERGROUND INFRASTRUCTURE, PROVIDED THAT DEQ SHALL BE GIVEN
WRITTEN NOTICE AT LEAST SEVEN DAYS IN ADVANCE OF A SCHEDULED REPAIR (IF ONLY BY EMAIL) OF ANY SUCH
REPAIR, OR IN EMERGENCY CIRCUMSTANCES NO LATER THAN THE NEXT BUSINESS DAY, AND THAT ANY RELATED
ASSESSMENT AND REMEDIAL MEASURES REQUIRED BY DEQ SHALL BE TAKEN; AND
IV. IN CONNECTION TO WORK CONDUCTED IN ACCORDANCE WITH A DEQ-APPROVED ENVIRONMENTAL
MANAGEMENT PLAN (EMP) AS OUTLINED IN SUBPARAGRAPH 13.C. ABOVE.
F. UNLESS OTHERWISE APPROVED BY DEQ IN WRITING, 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 OF THE BROWNFIELDS
PROPERTY AS DELINEATED ON THE PLAT COMPONENT OF THE NOTICE OF BROWNFIELDS PROPERTY REFERENCED IN
PARAGRAPH 17 OF THIS AGREEMENT.
G. SOIL MAY NOT BE REMOVED FROM, OR BROUGHT ONTO, THE BROWNFIELDS PROPERTY WITHOUT PRIOR
SAMPLING AND ANALYSIS TO DEQ'S SATISFACTION AND THE WRITTEN APPROVAL OF DEQ, UNLESS CONDUCTED IN
ACCORDANCE WITH AN APPROVED EMP AS OUTLINED IN SUBPARAGRAPH 13.C.
H. THE SOIL WITHIN THE "SOIL MANAGEMENT AREA" AS DELINEATED ON THE PLAT COMPONENT OF THE
NOTICE OF BROWNFIELDS PROPERTY REFERENCED IN PARAGRAPH 17 OF THIS AGREEMENT THAT DEQ DETERMINES
THROUGH A SITE -SPECIFIC RISK ASSESSMENT WOULD NOT LIKELY CONTAMINATE GROUNDWATER IF CAPPED, OR
WOULD NOT LIKELY POSE AN IMMINENT THREAT TO PUBLIC HEALTH OR THE ENVIRONMENT IF EXPOSED, SHALL BE
COVERED WITH AN IMPERVIOUS OR HARD PERVIOUS SURFACE TO THE WRITTEN SATISFACTION OF DEQ. SAID
COVER SHALL BE MAINTAINED TO DEQ'S SATISFACTION AND MAY INCLUDE ANY STRUCTURE OR GROUNDCOVER
CONSISTING OF ASPHALT, CONCRETE, OR OTHER MATERIAL APPROVED BY DEQ, THAT PREVENTS THE ABSORPTION
OF SURFACE WATER INTO THE SOIL, OR ANY STRUCTURE OR GROUNDCOVER THAT ALLOWS ABSORPTION OF
SURFACE WATER INTO THE SOIL, BUT HAS A HARD SURFACE FORMED OR CAST IN PLACE THAT PROTECTS LAND
USERS FROM EXPOSURE TO ANY CONTAMINANTS IN THE SOIL.
VAPOR INTRUSION
I. NO ENCLOSED BUILDING MAY BE CONSTRUCTED ON THE BROWNFIELDS PROPERTY AND NO EXISTING
BUILDING, MAY BE OCCUPIED UNTIL DEQ DETERMINES IN WRITING THAT:
I. THE BUILDING IS OR WOULD BE PROTECTIVE OF THE BUILDING'S USERS AND PUBLIC HEALTH FROM
THE RISK OF VAPOR INTRUSION BASED ON SITE ASSESSMENT DATA, OR A SITE -SPECIFIC RISK ASSESSMENT
APPROVED IN WRITING BY DEQ; OR
II. A VAPOR INTRUSION MITIGATION SYSTEM (VIMS) HAS BEEN:
1. DESIGNED TO MITIGATE THE INTRUSION OF SUBSURFACE VAPORS INTO BUILDING FEATURES
IN ACCORDANCE WITH THE MOST RECENT AND APPLICABLE DWM VAPOR INTRUSION GUIDANCE, INTERSTATE
TECHNOLOGY & REGULATORY COUNCIL (ITRC) GUIDANCE, AND AMERICAN NATIONAL STANDARDS INSTITUTE
(ANSI)/AMERICAN ASSOCIATION OF RADON SCIENTISTS AND TECHNOLOGISTS (AARST) STANDARDS, AND THAT A
PROFESSIONAL ENGINEER LICENSED IN NORTH CAROLINA, AS EVIDENCED BY SAID ENGINEER'S PROFESSIONAL SEAL,
IS SATISFIED THAT THE DESIGN IS FULLY PROTECTIVE OF PUBLIC HEALTH, AND SHALL INCLUDE A PERFORMANCE
MONITORING PLAN DETAILING METHODOLOGIES AND SCHEDULE, BOTH OF WHICH ARE SUBJECT TO PRIOR WRITTEN
DEQ APPROVAL; AND
2. INSTALLED AND AN INSTALLATION REPORT IS SUBMITTED FOR WRITTEN DEQ
APPROVAL THAT INCLUDES AS -BUILT DIAGRAMS, PHOTOGRAPHS, AND A DESCRIPTION OF THE INSTALLATION, WITH
SAID ENGINEER'S PROFESSIONAL SEAL CONFIRMING THAT THE ENGINEER IS SATISFIED THAT THE SYSTEM WAS
INSTALLED PER THE DEQ APPROVED DESIGN. IF ANY DEVIATIONS FROM THE SYSTEM DESIGN WERE NECESSARY
DURING INSTALLATION, THEN THE REPORT SHALL INCLUDE DETAILS ON SAID DEVIATIONS, AS WELL AS THE
ENGINEER'S SEAL CERTIFYING THE VIMS, AS INSTALLED, WAS INSTALLED IN SUCH A MANNER SO AS TO BE FULLY
PROTECTIVE OF PUBLIC HEALTH.
SURFACE WATER
J. SURFACE WATER AT THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR ANY PURPOSE, OTHER THAN
IN CONNECTION WITH LEGALLY COMPLIANT STORM WATER COLLECTION AND REUSE TECHNIQUES, WITHOUT THE
PRIOR WRITTEN APPROVAL OF DEQ.
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.
NOTIFICATION OF TENANTS
L. ANY DEED OR OTHER INSTRUMENT CONVEYING AN INTEREST IN THE BROWNFIELDS PROPERTY SHALL
CONTAIN THE FOLLOWING NOTICE: "THIS PROPERTY IS SUBJECT TO THE BROWNFIELDS AGREEMENT ATTACHED AS
EXHIBIT A TO THE NOTICE OF BROWNFIELDS PROPERTY RECORDED IN THE WAKE COUNTY LAND RECORDS, BOOK
PAGE :' A COPY OF ANY SUCH INSTRUMENT SHALL BE SENT TO THE PERSONS
LISTED IN SECTION 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 AS TO
LEASEHOLD INTERESTS: (1) IF EVERY LEASE OR 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 XVIL
SEPARATING OLD FROM NEW CONTAMINATION
M. NONE OF THE CONTAMINANTS KNOWN TO BE PRESENT IN THE ENVIRONMENTAL MEDIA AT THE
BROWNFIELDS PROPERTY, AS DESCRIBED IN EXHIBIT 2 OF THIS AGREEMENT, AND AS MODIFIED BY DEQ IN WRITING IF
ADDITIONAL CONTAMINANTS IN EXCESS OF APPLICABLE STANDARDS ARE DISCOVERED AT THE BROWNFIELDS
PROPERTY, MAY BE USED OR STORED AT THE BROWNFIELDS PROPERTY WITHOUT THE PRIOR WRITTEN APPROVAL
OF DEQ, EXCEPT:
I. IN DE MINIMIS QUANTITIES FOR CLEANING AND OTHER ROUTINE HOUSEKEEPING AND MAINTENANCE
ACTIVITIES;
II. AS CONSTITUENTS OF PRODUCTS AND MATERIALS CUSTOMARILY USED AND STORED IN
INDUSTRIAL (INCLUDING FLEX BUILDINGS), OFFICE, RETAIL, WAREHOUSING, HOTEL, ASSOCIATED PARKING, AND
SUBJECT TO DEQ'S PRIOR WRITTEN APPROVAL, OTHER COMMERCIAL USE ENVIRONMENTS, PROVIDED SUCH
PRODUCTS AND MATERIALS ARE STORED IN ORIGINAL RETAIL PACKAGING AND USED AND DISPOSED OF IN
ACCORDANCE WITH APPLICABLE LAWS;
III. AS CONSTITUENTS OF FUELS, LUBRICANTS AND OILS IN EMERGENCY GENERATORS, MACHINERY,
EQUIPMENT, AND VEHICLES IN ON -BOARD TANKS INTEGRAL TO SAID EQUIPMENT OR IN FLAMMABLE LIQUID STORAGE
CONTAINERS TOTALING NO MORE THAN 25 GALLONS; AND
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
N. DURING JANUARY OF EACH YEAR AFTER THE YEAR IN WHICH THE NOTICE REFERENCED BELOW IN
PARAGRAPH 17 IS RECORDED, THE OWNER OF ANY PART OF THE BROWNFIELDS PROPERTY AS OF JANUARY 1ST OF
THAT YEAR SHALL SUBMIT A NOTARIZED LAND USE RESTRICTIONS UPDATE ("LURU") TO DEQ, AND TO THE CHIEF
PUBLIC HEALTH AND ENVIRONMENTAL OFFICIALS OF WAKE COUNTY, CERTIFYING THAT, AS OF SAID JANUARY 1ST,
THE NOTICE OF BROWNFIELDS PROPERTY CONTAINING THESE LAND USE RESTRICTIONS REMAINS RECORDED AT THE
WAKE COUNTY REGISTER OF DEEDS OFFICE AND THAT THE LAND USE RESTRICTIONS ARE BEING COMPLIED WITH. IF
THE PROPERTY IS TRANSFERRED, THE GRANTOR SHALL SUBMIT A LURU (AS OUTLINED ABOVE) WHICH COVERS THE
PERIOD OF TIME THE GRANTOR OWNED THE BROWNFIELD 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 CAP INSTALLED OVER THE "SOIL MANAGEMENT AREA" PURSUANT TO
SUBPARAGRAPH 13.1. ABOVE IS BEING MAINTAINED SUCH THAT IT IS INTACT, UNCOMPROMISED, IN GOOD CONDITION,
AND CONTINUING TO SERVE AS BARRIERS TO THE SOIL CONTAMINATION IN RELATION TO WHICH THEY WERE
INSTALLED;
IV. A JOINT LURU MAY BE SUBMITTED FOR MULTIPLE OWNERS BY A DULY CONSTITUTED BOARD OR
ASSOCIATION AND SHALL INCLUDE THE BROWNFIELDS PROPERTY ADDRESS, AND THE NAME, MAILING ADDRESS,
TELEPHONE NUMBER, AND CONTACT PERSON'S E-MAIL ADDRESS OF THE ENTITY SUBMITTING THE JOINT LURU AS
WELL AS FOR EACH OF THE OWNERS ON WHOSE BEHALF THE JOINT LURU IS SUBMITTED;
V. 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 PARAGRAPHS 18 AND 19 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; AND
VI. A PROPERTY OWNERS' ASSOCIATION OR OTHER ENTITY MAY PERFORM THIS LURU'S DUTIES, ON
BEHALF OF SOME OR ALL OWNERS OF THE BROWNFIELDS PROPERTY, IF SAID ASSOCIATION OR ENTITY HAS
ACCEPTED RESPONSIBILITY FOR SUCH PERFORMANCE PURSUANT TO A NOTARIZED INSTRUMENT SATISFACTORY TO
DEQ THAT INCLUDES AT A MINIMUM, THE BROWNFIELDS PROPERTY ADDRESS, AND THE NAME, MAILING ADDRESS,
TELEPHONE NUMBER, AND E-MAIL ADDRESS OF EACH OWNER ON WHOSE BEHALF THE LURU IS PROPOSED TO BE
SUBMITTED.
FOR THE PURPOSE OF N.C.G.S. 130a-310.35
MICHAEL E. SCOTT, DIRECTOR DATE
DIVISION OF WASTE MANAGEMENT
STATE OF NORTH CAROLINA
COUNTY OF WAKE
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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.

LINE TABLE CURVE TABLE
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°°°°� N A R p°°°°° DATE: 11 8 2022 EXHIBIT B TO THE NOTICE OF BROWNFIELDS PROPERTY -SURVEY PLAT
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0 000„000 ��,°°° SIR WALTER RALEIGH GUN RANGE (BROWNFIELDS ID NO. 23068-19-092) t: 919.469.3340 license #: F 1479 www.withersravenel.com
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PROJECT N0:09190080.00 OWNER ADDRESS: MERRITT-MW1, LLC, 2066 LORD BALTIMORE DRIVE, BALTIMORE MD 21244 SHEET: 3 OF 3
LINE #
BEARING
DISTANCE
LINE #
BEARING
DISTANCE
LINE #
BEARING
DISTANCE
L1
N 18°28'49" W
87.75'
L71
S 87°27'27" W
19.26'
L141
S 72°13'53" E
13.63'
L2
S 71 °29'20" W
167.99'
L72
S 42°35'11" W
10.89'
L142
S 17°46'07" W
10.00'
L3
N 71°35'09" E
107.11'
L73
N 85°21'03" W
21.76'
L143
N 72°13'53" W
13.63'
L4
N 53°28'19" E
60.58'
L74
N 57°38'51" W
21.00'
L143
INTENTIONALLY DELETED
L5
N 36°24'23" W
94.07'
L75
N 56°02'15" W
3.02'
L145
S 33°57'36" W
129.86'
L6
N 36°50'18" E
56.90'
L76
S 35°32'04" W
19.96'
L146
S 37°33'13" E
40.96'
L7
N 51°14'00" W
39.74'
L77
N 75°32'27" W
18.26'
L147
N 89°56'29" E
152.40'
L8
N 68°03'19" W
21.10'
L78
S 72°16'22" W
13.18'
L148
N 87°22'14" E
148.02'
L9
N 33°22'37" W
57.0T
L79
S 72°25'39" W
16.15'
L149
S 02°3T46" E
30.00'
L10
N 55°06'23" W
31.59'
L80
N 75°52'05" W
24.04'
L150
S 87°22'14" W
78.58'
L11
N 29°37'45" W
31.22'
L81
S 54°01'44" W
4.96'
L151
S 87°22'14" W
70.11'
L12
N 42°05'39" W
40.26'
L82
N 78°27'46" W
21.55'
L152
S 89°56'29" W
163.07'
L13
N 47°55'04" W
21.23'
L83
N 53°02'06" W
21.80'
L153
N 13°30'20" W
64.26'
L14
N 25°49'04" W
35.75'
L84
N 67°43'57" W
24.93'
L154
N 90°00'00" E
322.00'
L15
N 53°05'13" W
29.35'
L85
N 84°41'06" W
17.73'
L155
S 89°51'05" E
19.77'
L16
N 34°19'16" W
55.43'
L86
N 02°05'23" E
23.26'
L156
S 89°19'19" W
338.02'
L17
N 07°18'37" E
47.37'
L87
N 62°40'01" W
16.63'
L157
N 00°00'00" W
98.80'
L18
N 59°38'35" W
4.14'
L88
N 59°05'29" W
32.03'
L158
N 81°03'56" W
257.31'
L19
N 48°13'26" W
22.39'
L89
N 71°50'30" W
20.86'
L159
N 72°18'19" W
99.38'
L20
N 17°58'02" W
32.32'
L90
N 85°25'46" W
27.51'
L160
S 33°20'48" E
83.17'
L21
N 88°18'20" W
22.79'
L91
N 16°36'22" W
24.28'
L161
S 34°29'49" E
18.51'
L22
N 36°48'56" W
26.77'
L92
N 29°11'54" E
30.43'
L162
S 53°31'07" W
126.51'
L23
N 55°28'41" W
17.46'
L93
N 25°08'24" W
2.88'
L163
N 53°31'07" E
71.23'
L24
N 13°14'07" W
20.87'
L94
N 65°22'24" W
10.01'
L164
N 38°20'21" W
210.79'
L25
N 36°58'57" W
22.31'
L95
N 35°12'01" W
11.09'
L165
N 75°29'51" E
323.54'
L26
N 04°01'27" E
20.36'
L96
N 64°54'09" W
18.48'
L166
N 14°30'09" W
12.50'
L27
N 04°31'22" W
116.88'
L97
S 30°20'44" W
12.40'
L167
S 75°0T54" W
332.50'
L28
N 04°31'22" W
91.74'
L98
N 85°14'00" W
22.91'
L168
S 31°41'31" E
52.11'
L29
N 86°08'37" E
24.88'
L99
N 40°03'49" W
28.93'
L169
S 72°32'24" W
11.63'
L30
N 35°18'33" E
87.13'
L100
N 16°16'31" W
0.83'
L170
S 72°40'03" W
12.16'
L31
N 11°16'22" W
13.55'
L101
S 72°18'19" E
99.35'
L171
S 75°11'33" W
25.00'
L32
N 77°39'25" E
14.54'
L102
S 81 °03'56" E
305.62'
L172
S 78°42'51" W
24.01'
L33
N 80°48'12" W
216.61'
L103
S 00°00'00" E
147.11'
L173
S 77°22'11" W
24.89'
L34
N 72°14'48" W
69.97'
L104
N 85°23'59" W
77.18'
L174
S 79°06'25" W
29.78'
L35
S 17°47'02" W
30.00'
L105
N 88°54'47" W
88.17'
L175
N 07°38'10" W
35.76'
L36
N 72°13'21" W
29.98'
L106
S 84°07'28" W
29.81'
L176
N 69°48'53" E
14.82'
L37
N 17°45'59" E
113.99'
L107
S 42°07'31" W
27.00'
L177
N 66°26'49" E
13.34'
L38
S 72°16'12" E
79.98'
L108
N 47°52'29" W
16.00'
L178
N 47°13'13" E
27.28'
L39
S 80°47'01" E
257.42'
L109
N 42°07'31" E
27.00'
L179
N 72°46'22" E
15.00'
L40
S 49°08'07" E
55.08'
L110
N 89°11'00" E
355.05'
L180
N 83°21'13" E
41.12'
L41
S 86°26'22" E
179.20'
L111
N 90°00'00" W
8.85'
L181
N 74°22'27" E
21.32'
L42
S 44°51'31" E
261.69'
L112
N 88°45'02" E
64.92'
L182
N 76°59'11" E
12.20'
L43
N 73°21'17" E
185.98'
L113
N 27°01'35" E
27.86'
L183
N 80°03'45" E
43.32'
L44
S 18°03'22" E
42.51'
L114
S 62°58'25" E
22.87'
L184
N 81 °00'45" E
38.37'
L45
S 69°31'44" W
20.04'
L115
S 24°56'35" W
25.67'
L185
N 77°58'28" E
39.94'
L46
S 00°03'41" W
77.61'
L116
S 54°14'14" E
51.54'
L186
N 80°39'05" E
52.81'
L47
N 76°13'14" W
7.86'
L117
S 48°03'00" E
56.46'
L187
N 85°25'54" E
20.35'
L48
S 60°38'32" W
9.66'
L118
S 64°54'00" E
56.14'
L188
S 72°55'29" E
22.06'
L49
N 42°57'39" W
18.42'
L119
S 57°21'09" E
96.93'
7189
S 16°16'45" W
9.58'
L50
N 14°31'17" E
9.65'
L120
S 52°01'36" E
35.10'
L190
S 73°2T12" W
19.39'
L51
N 71°34'51" W
2.72'
L121
N 75°29'51" E
34.15'
L191
S 79°59'45" W
19.56'
L52
S 82°39'20" W
13.03'
L122
S 14°30'09" E
24.50'
L192
S 73°44'59" W
52.61'
L53
N 43°57'08" W
12.36'
L123
S 75°29'51" W
319.07'
L193
S 77°33'00" W
35.91'
L54
N 37°25'00" W
5.22'
L124
S 38°20'21" E
178.46'
L194
S 73°04'48" W
37.45'
L55
N 80°13'56" W
17.70'
L125
S 81°09'56" W
42.45'
L195
S 74°40'55" W
33.19'
L56
N 25°20'59" W
17.70'
L126
N 52°21'55" W
85.41'
L196
S 77°31'21" W
20.03'
L57
N 18°5T14" E
7.62'
L127
N 48°50'10" W
45.6T
L197
S 70°19'55" W
16.9T
L58
N 22°30'19" E
3.02'
L128
N 51°52'49" W
43.02'
L198
N 23°53'05" W
39.67'
L59
N 56°42'43" W
2.04'
L129
N 12°24'23" W
62.95'
L199
N 74°10'12" E
175.21'
L60
S 82°33'05" W
13.49'
L130
S 75°03'26" E
68.36'
L200
N 64°21'54" E
58.54'
L61
N 41°39'15" W
36.78'
L131
S 79°14'50" E
331.02'
L62
N 34°36'58" W
23.17'
L132
N 80°57'13" E
36.82'
L63
N 82°10'51" W
8.26'
L133
N 00°08'53" W
189.98'
L64
N 80°10'00" W
10.99'
L134
N 89°42'35" E
65.92'
L65
N 36°26'44" W
8.51'
L135
N 67°08'31" E
40.95'
L66
N 56°16'20" W
1.16'
L136
S 80°47'22" E
358.21'
L67
N 88°15'02" W
3.70'
L137
S 00°00'00" E
302.52'
L68
S 55°35'25" W
31.46'
L138
N 90°00'00" E
65.57'
L69
N 77°21'15" W
32.69'
L139
N 16°58'50" E
110.34'
L70
N 38°33'59" W
14.92'
L140
S 83°24'44" E
103.57'
CURVE #
RADIUS
ARC LEN.
CHORD BRG.
CHORD LEN.
C1
25.00'
39.70'
N 25°59'30" E
35.66'
C2
531.90'
167.72'
N 62°33'08" E
167.03'
C3
496.00'
103.83'
N 10°31'12" W
103.64'
C4
496.00'
2.28'
N 04°23'29" W
2.28'
C5
332.00'
49.41'
N 76°30'07" W
49.36'
C6
20.00'
31.41'
S 27°13'53" E
28.28'
C7
268.00'
39.96'
S 76°30'07" E
39.92'
C8
38.50'
61.72'
N 07°35'23" E
55.32'
C9
971.50'
417.55'
N 24°43'04" W
414.34'
C10
50.00'
53.87'
S 64°49'22" W
51.30'
C11
80.1T
66.65'
N 73°13'33" W
64.74'
C12
54.96'
40.65'
N 38°2T42" W
39.73'
C13
150.35'
39.46'
N 08°32'36" W
39.34'
C14
236.08'
42.52'
N 85°52'28" E
42.46'
C15
140.48'
40.52'
S 80°45'06" E
40.38'
C16
245.60'
40.49'
S 56°56'40" E
40.44'
C17
18.00'
28.2T
S 59°30'09" E
25.46'
C18
8.00'
12.5T
N 59°30'09" W
11.31'
C19
107.66'
49.73'
N 25°39'53" W
49.29'
C20
62.72'
103.82'
N 33°45'59" E
92.37'
C21
948.50'
388.23'
S 25°17'20" E
385.53'
C22
288.50'
44.11'
S 76°41'07" E
44.07'
C23
93.50'
146.8T
S 45°00'00" E
132.23'
C24
23.50'
28.75'
N 54°57'05" E
26.99'
C25
15.00'
32.45'
S 28°01'12" E
26.48'
C26
35.33'
53.49'
N 46°37'22" E
48.53'
C27
26.50'
39.62'
S 47°09'51" W
36.03'
C28
116.50'
183.00'
N 45°00'00" W
164.76'
C29
33.50'
47.40'
N 40°31'58" W
43.54'
C30
311.50'
47.63'
N 76°41'07" W
47.58'

Exhibit C
Legal Description of Brownfields Property
Brownfields Property Name: Sir Walter Raleigh Gun Range
Brownfields ID No. 23068-19-092
Beginning at an existing iron pipe, said pipe having NC grid coordinates (NAD 83 - 2011) of
N=746,361.86, E=2,146,479.38, thence leaving said beginning point South 87°39'18" West
289.85 feet to an existing iron pipe, thence South 75°29'28" West 1,076.42 feet to an existing
iron pipe, thence North 18°28'49" West 87.75 feet to an existing iron pipe, thence South
71 °29'20" West 167.99 feet to a point in the right of way of Hinton Oaks Boulevard (Variable
Public R/W), thence leaving said right of way along a curve to the right having a radius of 25.00
feet, an arc length of 39.70 feet, and a chord bearing and distance of North 25°59'30" East 35.66
feet to a point on the southern right of way of Hinton Pond Road (64' Public R/W), thence with
said right of way North 71 °35'09" East 107.11 feet to a point, thence along a curve to the left
having a radius of 531.90 feet, an arc length of 167.72 feet, and a chord bearing and distance of
North 62°33'08" East 167.03 feet to a point, thence North 53°28'19" East 60.58 feet to an
existing rebar, thence leaving said right of way North 36°24'23" West 94.07 feet to a point,
thence North 36°50'l8" East 56.90 feet to a point on the centerline of creek, thence with said
centerline North 51 ° 14'00" West 39.74 feet to a point, thence North 68'03' 19" West 2 1. 10 feet to
a point, thence North 33°22'37" West 57.07 feet to a point, thence North 55°06'23" West 31.59
feet to a point, thence North 29°37'45" West 31.22 feet to a point, thence North 42°05'39" West
40.26 feet to a point, thence North 47°55'04" West 21.23 feet to a point, thence North 25°49'04"
West 35.75 feet to a point, thence North 53°05'13" West 29.35 feet to a point, thence North
34°19'16" West 55.43 feet to a point, thence North 07°18'37" East 47.37 feet to a point, thence
North 59°38'35" West 4.14 feet to an existing iron pipe, thence North 48°13'26" West 22.39 feet
to a point, thence North 17°58'02" West 32.32 feet to a point, thence North 88°18'20" West
22.79 feet to a point, thence North 36°48'56" West 26.77 feet to a point, thence North 55°28'41"
West 17.46 feet to a point, thence North 13°14'07" West 20.87 feet to a point, thence North
36°58'57" West 22.31 feet to a point, thence North 04'01'27" East 20.36 feet to a point, thence
leaving said centerline South 87°22'14" West 255.55 feet to a point on the eastern right of way of
Hinton Oaks Boulevard (Variable Public R/W), thence with said right of way along a curve to
the right having a radius of 496.00 feet, an arc length of 103.83 feet, and a chord bearing and
distance of North 10°31' 12" West 103.64 feet to a point, thence North 04°31'22" West 208.62
feet to an existing rebar, thence along a curve to the right having a radius of 496.00 feet, an arc
length of 2.28 feet, and a chord bearing and distance of North 04°23'29" West 2.28 feet to a
point, thence North 86°08'37" East 24.88 feet to a point, thence North 35°18'33" East 87.13 feet
to an existing iron pipe, thence leaving said right of way North 78°13'49" East 450.23 feet to an
existing iron pipe with cap, thence North 11'49'10" West 239.19 feet to an existing rebar, thence
North 80°48' 12" West 216.61 feet to an existing rebar, thence along a curve to the right having a
radius of 332.00 feet, an arc length of 49.41 feet, and a chord bearing and distance of North
76°30'07" West 49.36 feet to an existing rebar, thence North 72°14'48" West 69.97 feet to an
existing rebar, thence South 17°47'02" West 30.00 feet to an existing rebar, thence North
23068-19-092/Sir Walter Gun Club/130ct2022

72'13'21" West 29.98 feet to an existing rebar on the eastern right of way of Hinton Oaks
Boulevard (Variable Public R/W), thence with said right of way North 17°45'59" East 113.99
feet to an existing rebar, thence leaving said right of way along a curve to the left having a radius
of 20.00 feet, an arc length of 31.41 feet, and a chord bearing and distance of South 27°13'53"
East 28.28 feet to an existing rebar, thence South 72°16'12" East 79.98 feet to an existing rebar,
thence along a curve to the left having a radius of 268.00 feet, an arc length of 39.96 feet, and a
chord bearing and distance of South 76°30'07" East 39.92 feet to an existing rebar, thence South
80°47'01" East 257.42 feet to an existing rebar, thence North 02°07'17" West 242.15 feet to an
existing rebar, thence South 80°47'57" East 566.82 feet to an existing iron pipe, thence South
00°16'00" East 745.17 feet to an existing iron pipe, thence South 49°08'07" East 55.08 feet to an
existing iron pipe, thence South 86°26'22" East 179.20 feet to an existing iron pipe, thence South
44°5F31" East 261.69 feet to an existing iron pipe, thence North 73°21'l7" East 185.98 feet to
an existing rebar, thence South 18°03'22" East 42.51 feet to an existing iron pipe, thence South
29'06' 18" East 408.03 feet to an existing iron pipe, thence South 69°31'44" West 20.04 feet to an
existing iron pipe, thence South 00°03'41" West 77.61 feet to the point and place of beginning,
containing 36.686 acres (1,598,051 Sq Ft) more or less.
2
23068-19-092/Sir Walter Gun Club/130ct2022