23080_Almont Shipping II_PCPkg_20221121

NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY
Brownfields Property Name: Almont Shipping II
Brownfields Project Number: 23080-19-065
North Carolina's Brownfields Property Reuse Act (the "Act"), North Carolina General Statutes ("NCGS")
§ 130A-310.30 through 130A-310.40, provides for the safe redevelopment of abandoned, idled, or underused
properties at which expansion or redevelopment is hindered by actual or potential environmental contamination.
One of the Act's requirements is the submittal of this Notice of Intent to Redevelop a Brownfields Property ("NI")
that has been approved by the North Carolina Department of Environmental Quality ("DEQ") for public notification
purposes as per NCGS § 130A-310.34(a). The NI shall provide, to the extent known, a legal description of the location
of the Brownfields Property, a map showing the location of the Brownfields Property, a description of the
contaminants involved and their concentrations in the media of the Brownfields Property, a description of the
intended future use of the Brownfields Property, any proposed investigation and remediation, and a proposed Notice
of Brownfields Property ("NBP") prepared in accordance with NCGS § 130A-310.35. The proposed NBP for a
particular brownfields project is attached hereto. The proposed NBP includes the proposed Brownfields Agreement,
which is attached as Exhibit A, and the other required elements of this NI. A Summary of this Notice of Intent
("SNI") shall include a statement as to the public availability of the full NL The party ("Prospective Developer")
who desires to enter into a Brownfields Agreement with DEQ must provide a full copy of this NI to all local
governments having jurisdiction over the Brownfields Property.
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as
the day after which all of the following public notice tasks have occurred: the date the required SNI is: (1) published
in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2) conspicuously
posted at the Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written public comments may be submitted to DEQ within 30 days after the public comment
period begins. Written requests for a public meeting may be submitted to DEQ within 21 days after the public
comment period begins. These periods will start no sooner than November 22, 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
Ahnont Shipping II/23080-19-065/18Nov2022

SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Almont Shipping II
Brownfields Project Number: 23080-19-065
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, Wilmington
Waterfront Property Owner, 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
at 19 and 41 Harnett Street, Wilmington, North Carolina. The Brownfields Property, which is the former site of the Almont
Shipping Terminal consists of approximately 3.0 acres. Environmental contamination exists on the Brownfields Property in
groundwater, soil, and exterior soil gas. Wilmington Waterfront Property Owner, LLC has committed itself to redevelop
the Brownfields Property for no uses other than high density residential (except on the portion of the Brownfields Property
in which residential use is prohibited under the CSX Restriction, as defined in paragraph 12 of the Brownfields Agreement),
retail, office, storage, open space, private and public 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 Wilmington Waterfront Property Owner, 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 New Hanover County Public Library,
Main Branch, 201 Chestnut Street, Wilmington, NC 28401 by contacting Jimi Rider at [phone] or at
jrider(knhcgov.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.ligginskncdenr.gov, or at [phone]. The full Notice of Intent to Redevelop
a Brownfields Property may be reviewed online at the DEQ public record database, Laserfiche, by entering the project
number 23080-19-065 into the search bar at the following web address:
https://edocs.deq.nc.gov/WasteManagement/Welcome.aspx?dbid=0&repo=WasteMana eg ment
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as the day
after which all of the following public notice tasks have occurred: the date this Notice is: (1) published in a newspaper of
general circulation serving the area in which the Brownfields Property is located; (2) conspicuously posted at the
Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the Brownfields Property.
Written public comments may be submitted to DEQ within 30 days after the public comment period begins. Written requests
for a public meeting may be submitted to DEQ within 21 days after the public comment period begins. These periods will
start no sooner than November 22, 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
Almont Shipping II/23080-19-065/18Nov2022

Property Owner: Wilmington Waterfront Property Owner, LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: Almont Shipping II
Brownfields Project Number: 23080-19-065
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 202_ by
Wilmington Waterfront Property Owner, 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 19 and 41 Harnett Street, Wilmington, New
Hanover County, North Carolina. The Brownfields Property and surrounding area was the site of
the former Almont Shipping terminal from 1870 through 2005. Former onsite uses may have
included the manufacturing and storage of fertilizers, ore, and petroleum. A diesel release from an
offsite CSX property occurred within the site vicinity. The Prospective Developer has committed
Ahnont Shipping II/23080-19-065/18Nov2022

to redevelop the Brownfields Property for no uses other than high density residential (except on
the portion of the Brownfields Property in which residential use is prohibited under the CSX
Restriction, as defined in paragraph 12 below), retail, office, storage, open space, private and
public 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. The Brownfields Agreement's Exhibit 3
consists of the Quitclaim Deed filed on September 15, 2014 in the New Hanover County
Register of Deeds (Book 5838, Pages 2664-2670), that is related to the CSX Restriction noted
above.
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 12 of
the Brownfields Agreement, and all subparagraph letters/numbers are the same as those
used in the Brownfields Agreement. The following land use restrictions are hereby imposed
on the Brownfields Property:
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LAND USE RESTRICTIONS
12. By way of the Notice of Brownfields Property referenced below in paragraph 16,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. As referenced in paragraph 3 above, parcels R04716-001-026-000 and R04716-
00 1-03 0-000 (19 Harnett St.) and a portion of parcel R04712-002-001-000 (41 Harnett St.) are
subject to previous land use restrictions recorded in the New Hanover Register of Deeds on June
26, 2008 (Book 5326, Pages 1093-1153), and amended on September 15, 2014 (Book 5838,
Pages 2671-2675) as part of the previous Almont Shipping Brownfields Agreement (Brownfields
Project No. 10040-06-065). Upon the filing of the Notice of Brownfields Property referenced in
paragraph 16 below, the land use restrictions placed herein shall immediately supersede the land
use restrictions set forth in the previous Almont Shipping Brownfields Agreement (Brownfields
Project No. 10040-06-065) only as to those parcels R04716-001-026-000 and R04716-001-030-
000 (19 Harnett St.) and a portion of parcel R04712-002-001-000 (41 Harnett St.) which is
recorded in the New Hanover Register of Deeds on June 26, 2008 (Book 5326, Pages 1093-
1153), as amended on September 15, 2014 (Book 5838, Pages 2671-2675) as part of the previous
Almont Shipping Brownfields Agreement, and replaces those land use restrictions with those
provided below in this paragraph, except for those land use restrictions contained in the deed
notification entitled "Quitclaim Deed" recorded by CSX Transportation, Inc. (CSX) on the deed
to a portion of the Brownfields Property on September 15, 2014 in Book 5838, Pages 2664-2670
at the New Hanover County Register of Deeds office, as those land use restrictions may be
amended, updated, or rescinded in the future, and that are attached hereto as Exhibit 3 and that
shall remain in force (the "CSX Restrictions"). It is the intent of DEQ and the Prospective
Developer that the execution and recordation of this Agreement between DEQ and Prospective
Developer shall not in any way impact any other person's existing liability protection under the
Act and the previously entered Almont Shipping Brownfields Agreement. Specifically, this
Agreement shall not alter the land use restrictions for the property covered by the Almont
Shipping Brownfields Agreement (Brownfields Project No. 10040-06-065) outside the
boundaries of parcels R04716-001-026-000 and R04716-001-030-000 (19 Harnett St.) and a
portion of parcel R04712-002-001-000 (41 Harnett St.) nor shall it, to the extent allowable by
law, alter the existing liability protection of any applicable person included in Section 130A-
310.33 of the Act as provided by the respective Agreements attached as Exhibit A to the Almont
Shipping Notice of Brownfields Property that was originally recorded on June 26, 2008 (Book
5326, Pages 1093-1153), and as amended on September 15, 2014 (Book 5838, Pages 2671-
2675). 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 high density
residential (except on the portion of the Brownfields Property in which residential use is
prohibited under the CSX Restriction, as defined above in paragraph 12), retail, office, storage,
open space, private and public parking, and subject to DEQ's prior written approval, other
commercial uses. For purposes of this restriction, the following definitions apply:
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i. "High density residential" is defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit (e.g., privately -owned
courtyards are prohibited), and may include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages. Single family homes,
townhomes, duplexes or other units with yards are prohibited.
ii. "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.
iii. "Office" is defined as a place where business or professional services
are provided.
iv. "Storage" is defined as spaces that are provided for on -site residents or
are commercially rented on a short- or long-term basis by consumers and businesses for the
storage of personal effects, household goods, equipment and other non -hazardous materials that
are in compliance with all applicable local, state, and federal regulations.
v. "Open space" is defined as land maintained in a natural or landscaped
state and for uses such as natural resource protection, riparian buffers, greenways, or detention
facilities for stormwater.
vi. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same.
vii. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee, or licensee.
Specific Prohibitions
b. The Brownfields Property may not be used for childcare centers, adult care
centers, or schools without the prior written approval of DEQ.
c. Note that there is a Quitclaim Deed as included in the Exhibit 3 to this
Agreement that prohibits certain uses for the portion of the Brownfields Property denoted on the
plat component of the Notice of Brownfields Property referenced in paragraph 16 below as
"Area Subject to CSX Quitclaim Restriction".
Environmental Management Plan
d. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan ("EMP") approved
in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
Ahnont Shipping II/23080-19-065/18Nov2022
C!

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 and
Exhibit 2 attached hereto;
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
e. No later than January 31 of each calendar year following 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
V: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected
or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
Groundwater
£ Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
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ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 12.a.
above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 12.d., or a plan approved in
writing in advance by DEQ.
Soil
g. No activity that disturbs soil on the Brownfields Property may occur unless and
until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public
health and the environment, except:
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 12.d.
h. 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 that is not covered by building foundations, sidewalks, or asphaltic
or concrete parking areas and driveways.
i. 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 12.d.
Vapor Intrusion
j. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 16 below, 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.
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.
Damage to Wells
1. The owner of any portion of the Brownfields Property where any subsequently
installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants,
the owner shall be responsible for repair of any such wells to DEQ's written satisfaction and
within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance.
Notification of Tenants
m. 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 New
Hanover 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 paragraph, in lieu of sending copies of actual,
executed leases, to the persons listed in Section XVII (Notices and Submissions); or
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(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
n. None of the contaminants known to be present in the environmental media
at the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by
DEQ in writing if additional contaminants in excess of applicable standards are discovered
at the Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping
and maintenance activities;
ii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment, and vehicles in on -board tanks integral to said equipment, or in
flammable liquid storage containers totaling no more than 25 gallons; and
iii. as constituents of products and materials customarily used and stored
in high density residential, retail, office, storage, open space, private and public 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.
Land Use Restriction Update
o. During January of each year after the year in which the Notice referenced
below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of
January 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of New Hanover County,
certifying that, as of said January 1 st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the New Hanover County Register of Deeds office and
that the land use restrictions are being complied with. If the property is transferred, the grantor
shall submit a LURU (as outlined above) which covers the period of time they owned the
Brownfields Property. The submitted LURU shall state the following:
i. the Brownfields Property address, and the name, mailing address,
telephone number, and contact person's e-mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a
joint LURU is submitted, acquired any part of the Brownfields Property during the previous
calendar year;
ii. the transferee's name, mailing address, telephone number, and contact
person's e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 12.j. above are performing as designed, and whether the uses of the ground
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floors, including any tenant renovations, of any buildings containing such vapor barrier and/or
mitigation systems have changed, and, if so, how, and under which precautions so as not to
interfere with the operation of said system;
iv. whether the "Area Subject to CSX Restriction" denoted on the plat
component of the Notice of Brownfields Property in paragraph 16 below remains in compliance
with the requirements of Exhibit 3 to this Agreement;
v. 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; and
vi. A LURU submitted for rental units shall include enough of each lease
or rider entered into during the previous calendar year to demonstrate compliance with lessee
notification requirements in paragraphs 17 and 18 of this Agreement provided that if standard
form leases or riders are used in every instance, a copy of such standard form lease or rider may
be sent in lieu of copies of actual leases.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be
the DEQ Brownfields Property Management Unit referenced in subparagraph 31.a. of
Exhibit A hereto, at the address stated therein.
ENFORCEMENT
The above land use restrictions shall be enforceable without regard to lack of privity of
estate or contract, lack of benefit to particular land, or lack of any property interest in particular
land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The
land use restrictions may also be enforced by DEQ through the remedies provided in NCGS §
130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having
jurisdiction over any part of the Brownfields Property; and by any person eligible for liability
protection under the Brownfields Property Reuse Act who will lose liability protection if the
restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the
Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement
by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of
the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the
same violation or as to one occurring prior or subsequent thereto.
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FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Brownfields Property is sold, leased, conveyed or transferred,
pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the
description section, in no smaller type than that used in the body of the deed or instrument, a
statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a
brownfields property under the Brownfields Property Reuse Act.
IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this day of , 202_.
In
NORTH CAROLINA
COUNTY
Wilmington Waterfront Property Owner, LLC
Sean Curtin
Manager
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: Wilmington Waterfront Property Owner, LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Almont Shipping II
OF 1997, NCGS § 130A-310.30, et SeMc . ) 19 and 41 Harnett Street
Brownfields Project No. 23080-19-065 ) Wilmington, New Hanover County
L INTRODUCTION
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and Wilmington Waterfront Property Owner,
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 19 and 41 Harnett Street,
Wilmington, New Hanover 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 Wilmington Waterfront Property Owner, LLC, a limited
liability company, headquartered at 8255 Greensboro Drive, Suite 200, McLean, Virginia 22012.
Its manager is Sean Curtin, of the same address.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section X (Certification), Section XI (DEQ's Covenant Not to Sue and
Reservation of Rights) and Section XII (Prospective Developer's Covenant Not to Sue), the
potential liability of Wilmington Waterfront Property Owner, LLC for contaminants at the
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Brownfields Property.
The Parties agree that Wilmington Waterfront Property Owner, LLC's entry into this
Agreement, and the actions undertaken by Wilmington Waterfront Property Owner, LLC in
accordance with the Agreement, do not constitute an admission of any liability by Wilmington
Waterfront Property Owner, LLC for contaminants at the Brownfields Property. The resolution
of this potential liability, in exchange for the benefit Wilmington Waterfront Property Owner,
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 Wilmington Waterfront Property Owner, 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,
which presents data table(s) of the contaminants present at the Brownfields Property at
concentrations above their applicable standards or screening levels for each media sampled.
BROWNFIELDS PROPERTY INFORMATION SUMMARY
Parcel Address(es) & Parcel
19 Harnett Street (originally one parcel, Parcel ID: R04716-
IDs
001-026-000, was subsequently sub -divided into two parcels
bearing the original Parcel ID above, and the other bearing
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BROWNFIELDS PROPERTY INFORMATION SUMMARY
the Parcel ID R04716-001-030-000)
41 Harnett Street Parcel ID: R04712-002-001-000
Acreage
3.0 acres
Current Property Owner
Wilmington Riverfront Holding Company, LLC
Construction activities are ongoing under a DEQ-approved
Environmental Management Plan (EMP). Pre -construction
Current Land Use(s)
bulkhead work was previously conducted along the
Brownfields Property boundary with the Cape Fear River
under a separate DEQ-approved EMP.
To the north is a riverside recreational area named Riverfront
Park that was formerly part of the Almont Shipping property
and is currently owned by the City of Wilmington; to the east
Site Vicinity Land Use(s)
is an undeveloped parcel zoned for industrial uses; to the
south are commercial office and restaurant uses, and
residential and retail uses associated with the adjacent Pier 33
property; and to the west lies the Cape Fear River.
High density residential (except on the portion of the
Brownfields Property in which residential use is prohibited
Proposed Reuse(s)
under the CSX Restriction, as defined herein), retail, office,
storage, open space, private and public parking, and subject to
DE 's prior written approval, other commercial uses.
The reuse of the Brownfields Property will lead to job
Public Benefits of Reuse
creation, tax base increases, and preserve access to municipal
green space. Public green space access along the waterfront
will provide walkability to the surrounding area.
A previously recorded Brownfields Agreement which
included the 19 Harnett St. parcel and a portion of the 41
Harnett St. parcel was recorded at the New Hanover Register
of Deeds on June 26, 2008 (Book 5326/Page 1093-1153), and
was amended on September 15, 2014 (Book 5838/Page 2671-
2675) to include a former CSX parcel (BFs Project No:
Existing Land Use
10040-06-065) ("Almont Shipping Brownfields Agreement").
Restrictions Prior to
As described in paragraph 12 below, this Brownfields
Brownfields Agreement
Agreement will supersede the prior Almont Shipping
Brownfields Agreement only as to the 19 Harnett St. parcels
and that portion of the 41 Harnett St. parcel originally
included, and will cover the area of 41 Harnett St. not
previously included in the previously recorded and amended
Almont Shipping Brownfields Agreement. A portion of the
Brownfields Property also is subject to land use restrictions
recorded in a Quitclaim Deed Book 5838, Page 2664 in the
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BROWNFIELDS PROPERTY INFORMATION SUMMARY
New Hanover County Register of Deeds on September 15,
2014. These restrictions include a restriction on residential
use on that portion of the Brownfields Property (defined
herein as the CSX Restriction) and are included as Exhibit 3
to this Agreement.
ENVIRONMENTAL INFORMATION SUMMARY
The Brownfields Property and surrounding area was the site
of the former Almont Shipping terminal from 1870 through
Historical Operations &
2005. Former onsite uses may have included the
Contaminant Sources
manufacturing and storage of fertilizers, ore, and petroleum.
A diesel release from an offsite CSX property occurred within
the site vicinity.
In December 2020, the Prospective Developer began pre -
construction activities including reinforcing the riverfront
bulkhead onsite pursuant to a DEQ-approved EMP. This
involved trenching from the current location of the bulkhead
Current Operations/Activities
to install a series of tie -backs approximately every 10 feet to
approximately 3 feet below land surface to connect sheet
piling to the bulkhead. The Prospective Developer
commenced grading and other construction activities in
August 2021 pursuant to a second DEQ-approved EMP.
Soil: No Volatile Organic Compounds (VOCs) were detected
above residential Preliminary Soil Remedial Goals (PSRGs);
however, benzo(a)pyrene, a Semi -Volatile Organic
Compound (SVOC) was detected in excess of its residential
PSRG, arsenic was detected above its residential and
commercial/industrial PSRGs in each soil sample collected,
and hexavalent chromium was detected above its residential
PSRG. See Exhibit 2 to this Agreement for specific data.
Contaminated Media
Groundwater: Only one VOC, methyl chloride, was detected
above its NC 2L groundwater standard in one groundwater
well, and arsenic, chloride, methyl chloride, and total
chromium were detected above their respective NC 2L
groundwater standards in at least one on -site groundwater
well.
No SVOCs were detected above their 2L groundwater
standards. See Exhibit 2 to this Agreement for specific data.
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ENVIRONMENTAL INFORMATION SUMMARY
Exterior Soil Gas: VOCs, including 1,2,4-trimethylbenzene,
1,3,5-trimethylbenzene, 1,4-dichlorobenzene, benzene, ethyl
benzene, naphthalene, trichloroethene (TCE), and vinyl
chloride, were detected above their respective residential
Vapor Intrusion Soil Gas Screening Levels (SGSLs). No
VOCs were detected above non-residential SGSLs. Methane
was detected in soil gas across the site at concentrations
ranging from 0.0 percent by volume (% bv) to 77.2% bv.
Sub -slab Vapor: No buildings were located on -site at the time
of assessment; therefore, no sub -slab vapor samples were
collected.
Indoor Air: No buildings were located on -site at the time of
assessment; therefore, no indoor air samples were collected.
Surface Water: Although it is located along the Cape Fear
River, surface water is not located on the Brownfields
Property; therefore, no surface water nor sediment samples
were collected at the Brownfields Property.
ID Numbers/Permits
n/a
Onsite Receptors Considered
Residential inhabitants, construction workers, on -site
workers, visitors, and trespassers
i. Water supply wells: drinking water supply wells were not
identified in the area; however, a 95-foot deep irrigation well
was installed east of the Brownfields Property in November
2013.
Potential Offsite Receptors
Considered
ii. Residential structures, churches, or childcare centers: A
park is located immediately north of the Brownfields
Property, but the vicinity is primarily commercial.
iii. Surface water: The Cape Fear River is located adjacent
and to the west of the Brownfields Property.
Potential offsite migration
Groundwater: Groundwater migrates to the Cape Fear River
pathways
Soil Vapor: n/a
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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
Soil Stockpile Sampling Analytical
Geosyntec Consultants of NC, P.C.
April 21, 2020
Results
Brownfields Site Assessment
Geosyntec Consultants of NC, P.C.
July 13, 2020
Report
Soil and Soil Gas Sampling Report
Geosyntec Consultants of NC, P.C.
August 11, 2021
Supplemental Soil Gas Sampling
Geosyntec Consultants of NC, P.C.
January 21, 2022
Report
Vapor Intrusion Mitigation System
Design: Metropolitan at the
Geosyntec Consultants of NC, P.C.
July 15, 2022
Riverwalk Revision 2
b. Other available reports:
Title
Prepared by
Date of Report
Comprehensive Site Assessment, Almont
Babb & Associates,
June 30, 2005
Shipping Terminals
P.A.
Phase II Environmental Site Assessment
Environ International
January 2006
Report, Almont Shipping
Corporation
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 December 6, 2019 and
revised BPA dated January 7, 2020, and the following:
IN
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a. In June 2019, Prospective Developer purchased the Brownfields Property;
b. Commencing in October 2020, the Prospective Developer reinforced the
riverfront bulkhead under a DEQ-approved Environmental Management Plan (EMP); and
c. In August 2021, the Prospective Developer commenced pre -construction
grading and other activities. Construction activities are ongoing under a DEQ-approved EMP as
of the date of this Agreement; and
d. On September 14, 2021, the Prospective Developer transferred ownership of
the Brownfields Property to Wilmington Riverfront Holding Company LLC.
6. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
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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. Prospective Developer has paid to DEQ the $2,000 fee to seek a brownfields
agreement required by NCGS § 130A-310.39(a)(1), and shall make a payment to DEQ of
$13,000 at the time Prospective Developer and DEQ enter into this Agreement, defined for this
purpose as occurring no later than the last day of the public comment period related to this
Agreement. The Parties agree that such fees will suffice as the $2,000 fee to seek a brownfields
agreement required by NCGS § 130A-310.39(a)(1), and, within the meaning of NCGS § 130A-
310.39(a)(2), the full cost to DEQ and the North Carolina Department of Justice of all activities
related to this Agreement, unless a change is sought to a Brownfields document after it is in
effect, in which case there shall be an additional fee of at least $1,000.
V. BENEFIT TO COMMUNITY
8. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. a return to productive use of the Brownfields Property;
b. an increase in the Brownfields Property's productivity;
c. a spur to additional community investment and redevelopment, through
N.
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improved neighborhood appearance and otherwise;
d. the creation of temporary construction jobs, approximately five to six
permanent jobs and additional retail jobs;
e. an increase in tax revenue for affected jurisdictions;
f. additional high density residential (except on the portion of the Brownfields
Property in which residential use is prohibited under the CSX Restriction, as defined herein),
retail, office, storage, open space, and parking, and subject to DEQ's prior written approval,
other commercial space for the area; and
g. "smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe ("greenfields").
VI. WORK TO BE PERFORMED
9. The guidelines as embodied in their most current version, including parameters,
principles and policies within which the desired results are to be accomplished are (as to: field
procedures, laboratory testing, Brownfields Program requirements, and remedial or mitigation
measures):
Section;
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Program Assessment Work Plan Checklist; and
d. the Brownfields Survey Plat Checklist.
10. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
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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
EMP as specified in subparagraph 12.d. below.
VII. LAND USE RESTRICTIONS
12. By way of the Notice of Brownfields Property referenced below in paragraph 16,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. As referenced in paragraph 3 above, parcels R04716-001-026-000 and R04716-
001-030-000 (19 Harnett St.) and a portion of parcel R04712-002-001-000 (41 Harnett St.) are
subject to previous land use restrictions recorded in the New Hanover Register of Deeds on June
26, 2008 (Book 5326, Pages 1093-1153), and amended on September 15, 2014 (Book 5838,
Pages 2671-2675) as part of the previous Almont Shipping Brownfields Agreement (Brownfields
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Project No. 10040-06-065). Upon the filing of the Notice of Brownfields Property referenced in
paragraph 16 below, the land use restrictions placed herein shall immediately supersede the land
use restrictions set forth in the previous Almont Shipping Brownfields Agreement (Brownfields
Project No. 10040-06-065) only as to those parcels R04716-001-026-000 and R04716-001-030-
000 (19 Harnett St.) and a portion of parcel R04712-002-001-000 (41 Harnett St.) which is
recorded in the New Hanover Register of Deeds on June 26, 2008 (Book 5326, Pages 1093-
1153), as amended on September 15, 2014 (Book 5838, Pages 2671-2675) as part of the previous
Almont Shipping Brownfields Agreement, and replaces those land use restrictions with those
provided below in this paragraph, except for those land use restrictions contained in the deed
notification entitled "Quitclaim Deed" recorded by CSX Transportation, Inc. (CSX) on the deed
to a portion of the Brownfields Property on September 15, 2014 in Book 5838, Pages 2664-2670
at the New Hanover County Register of Deeds office, as those land use restrictions may be
amended, updated, or rescinded in the future, and that are attached hereto as Exhibit 3 and that
shall remain in force (the "CSX Restrictions"). It is the intent of DEQ and the Prospective
Developer that the execution and recordation of this Agreement between DEQ and Prospective
Developer shall not in any way impact any other person's existing liability protection under the
Act and the previously entered Almont Shipping Brownfields Agreement. Specifically, this
Agreement shall not alter the land use restrictions for the property covered by the Almont
Shipping Brownfields Agreement (Brownfields Project No. 10040-06-065) outside the
boundaries of parcels R04716-001-026-000 and R04716-001-030-000 (19 Harnett St.) and a
portion of parcel R04712-002-001-000 (41 Harnett St.) nor shall it, to the extent allowable by
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law, alter the existing liability protection of any applicable person included in Section 130A-
310.33 of the Act as provided by the respective Agreements attached as Exhibit A to the Almont
Shipping Notice of Brownfields Property that was originally recorded on June 26, 2008 (Book
5326, Pages 1093-1153), and as amended on September 15, 2014 (Book 5838, Pages 2671-
2675). 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 high density
residential (except on the portion of the Brownfields Property in which residential use is
prohibited under the CSX Restriction, as defined above in paragraph 12), retail, office, storage,
open space, private and public parking, and subject to DEQ's prior written approval, other
commercial uses. For purposes of this restriction, the following definitions apply:
i. "High density residential" is defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit (e.g., privately -owned
courtyards are prohibited), and may include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages. Single family homes,
townhomes, duplexes or other units with yards are prohibited.
ii. "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.
are provided.
iii. "Office" is defined as a place where business or professional services
iv. "Storage" is defined as spaces that are provided for on -site residents or
are commercially rented on a short- or long-term basis by consumers and businesses for the
storage of personal effects, household goods, equipment and other non -hazardous materials that
are in compliance with all applicable local, state, and federal regulations.
v. "Open space" is defined as land maintained in a natural or landscaped
state and for uses such as natural resource protection, riparian buffers, greenways, or detention
facilities for stormwater.
vi. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same.
vii. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee, or licensee.
Specific Prohibitions
b. The Brownfields Property may not be used for childcare centers, adult care
centers, or schools without the prior written approval of DEQ.
c. Note that there is a Quitclaim Deed as included in the Exhibit 3 to this
Agreement that prohibits certain uses for the portion of the Brownfields Property denoted on the
plat component of the Notice of Brownfields Property referenced in paragraph 16 below as
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"Area Subject to CSX Quitclaim Restriction".
Environmental Management Plan
d. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan ("EMP") approved
in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use
of the Brownfields Property during construction or redevelopment in any other form, including
without limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above and
Exhibit 2 attached hereto;
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
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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
e. No later than January 31 of each calendar year following 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
V: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected
or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
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Groundwater
f. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 12.a.
above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 12.d., or a plan approved in
writing in advance by DEQ.
Soil
g. No activity that disturbs soil on the Brownfields Property may occur unless and
until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public
health and the environment, except:
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;
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iv. in connection to work conducted in accordance with a DEQ-
approved Environmental Management Plan (EMP) as outlined in subparagraph 12.d.
h. 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 that is not covered by building foundations, sidewalks, or asphaltic
or concrete parking areas and driveways.
i. 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 12.d.
Vapor Intrusion
j. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 16 below, 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
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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.
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.
Damage to Wells
1. The owner of any portion of the Brownfields Property where any subsequently
installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants,
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the owner shall be responsible for repair of any such wells to DEQ's written satisfaction and
within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance.
Notification of Tenants
in. 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 New
Hanover 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 paragraph, 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
n. 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
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DEQ in writing if additional contaminants in excess of applicable standards are discovered
at the Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping
and maintenance activities;
ii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment, and vehicles in on -board tanks integral to said equipment, or in
flammable liquid storage containers totaling no more than 25 gallons; and
iii. as constituents of products and materials customarily used and stored
in high density residential, retail, office, storage, open space, private and public 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.
Land Use Restriction Update
o. During January of each year after the year in which the Notice referenced
below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of
January 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of New Hanover County,
certifying that, as of said January 1 st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the New Hanover County Register of Deeds office and
that the land use restrictions are being complied with. If the property is transferred, the grantor
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shall submit a LURU (as outlined above) which covers the period of time they owned the
Brownfields Property. The submitted LURU shall state the following:
i. the Brownfields Property address, and the name, mailing address,
telephone number, and contact person's e-mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a
joint LURU is submitted, acquired any part of the Brownfields Property during the previous
calendar year;
ii. the transferee's name, mailing address, telephone number, and contact
person's e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 12.j. above are performing as designed, and whether the uses of the ground
floors, including any tenant renovations, of any buildings containing such vapor barrier and/or
mitigation systems have changed, and, if so, how, and under which precautions so as not to
interfere with the operation of said system;
iv. whether the "Area Subject to CSX Restriction" denoted on the plat
component of the Notice of Brownfields Property in paragraph 16 below remains in compliance
with the requirements of Exhibit 3 to this Agreement;
v. 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
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submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is
submitted; and
vi. A LURU submitted for rental units shall include enough of each lease
or rider entered into during the previous calendar year to demonstrate compliance with lessee
notification requirements in paragraphs 17 and 18 of this Agreement provided that if standard
form leases or riders are used in every instance, a copy of such standard form lease or rider may
be sent in lieu of copies of actual leases.
13. The desired result of the above -referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in this Agreement while fully protecting
public health and the environment.
14. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VIII. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
15. In addition to providing access to the Brownfields Property pursuant to subparagraph
12.k. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
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applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
16. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property ("Notice") for the Brownfields Property containing, inter alia, the land use restrictions
set forth in Section VI (Work to Be Performed) of this Agreement and a survey plat of the
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 New Hanover County,
North Carolina, Register of Deeds' Office. Within three (3) days thereafter, Prospective
Developer shall furnish DEQ a copy of the documentary component of the Notice containing a
certification by the register of deeds as to the Book and Page numbers where both the
documentary and plat components of the Notice are recorded, and a copy of the plat with
notations indicating its recordation.
17. This Agreement shall be attached as Exhibit A to the Notice. Subsequent to
recordation of said Notice, any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: "This property is subject to the Brownfields
23
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Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the New
Hanover County land records, Book , Page ." A copy of any such instrument shall be
sent to the persons listed in Section XVII (Notices and Submissions), though financial figures
and other confidential information related to the conveyance may be redacted to the extent said
redactions comply with the confidentiality and trade secret provisions of the North Carolina
Public Records Law. Prospective Developer may use the following mechanisms to comply with
the obligations of this paragraph 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.
18. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
IX. DUE CARE/COOPERATION
19. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
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the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in subparagraph 3 La. below
of any such required notification.
X. CERTIFICATION
20. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated January 7, 2020, by which it applied for this
Agreement, and subsequent correspondence. That use is that which is provided in paragraph
12.a. of this Agreement. Prospective Developer also certifies that to the best of its knowledge
and belief it has fully and accurately disclosed to DEQ all information known to Prospective
Developer and all information in the possession or control of its officers, directors, employees,
contractors and agents which relates in any way to any past use of regulated substances or known
contaminants at the Brownfields Property and to its qualification for this Agreement, including
the requirement that it not have caused or contributed to the contamination at the Brownfields
Property.
XI. DEQ'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
21. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
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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
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
26
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new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
22. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
23. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et SeMc .
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24. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 21 through 23 above apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
25. In consideration of DEQ's Covenant Not To Sue in Section XI of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above -referenced Notice of Brownfields Property.
XIII. PARTIES BOUND
26. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each 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
27. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
W.
Ahnont Shipping I1/23080-19-065/18Nov2022

and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer's duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
28. Except for the land use restrictions set forth in paragraph 12 above and NCGS §
130A-310.33(a)(l)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XV. DOCUMENT RETENTION
29. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
29
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inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XVI. PAYMENT OF ENFORCEMENT COSTS
30. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section VI (Work to be Performed) and Section
VII (Land Use Restrictions), it shall be liable for all litigation and other enforcement costs
incurred by DEQ to enforce this Agreement or otherwise obtain compliance.
XVII. NOTICES AND SUBMISSIONS
31. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information or delivery method, all notices and submissions pursuant to this
Agreement shall be sent by prepaid first-class U.S. mail or courier service, as follows:
a. for DEQ:
Brownfields Property Management Unit (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:
Sean Curtin
Wilmington Waterfront Property Owner, LLC
8255 Greensboro Drive, Suite 200
McLean, VA 22012
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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
32. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ's approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in NCGS § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and to invalidate its signature on this Agreement.
XIX. TERMINATION OF CERTAIN PROVISIONS
33. If any Party believes that any or all of the obligations under Section IX
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
31
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XX. CONTRIBUTION PROTECTION
34. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
35. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
36. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XXI. PUBLIC COMMENT
37. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
32
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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:
Wilmington Waterfront Property Owner, LLC
Sean Curtin
Manager
33
Date
Ahnont Shipping I1/23080-19-065/18Nov2022

Exhibit 2
The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on January 21, 2022. The following tables set forth, for
contaminants present at the Brownfields Property above unrestricted use standards or screening
levels, the concentration found at each sample location, and the applicable standard or screening
level. Screening levels and groundwater standards are shown for reference only and are not set
forth as cleanup levels for purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
the standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, (April 1, 2022 version):
Groundwater
Sample
Date of
Concentration
Standard
Exceeding
Contaminant
Location
Sampling
(µg/L)
Standard /L
MW-01
6/8/2020
85.4
MW-02
6/8/2020
163
Arsenic
10
DUP-01
6/8/2020
31.9
MW-04
MW-7
5/25/2005
88.1
Chloride
MW-7
5/25/2005
3,491,000
250,000
DUP-01
6/8/2020
12.2
Chromium
MW-04
10
MW-7
5/25/2005
25.3
Lead
MW-7
5/27/2007
24.8
15
Methyl Chloride
MW-02
6/8/2020
4.4
3
Ahnont Shipping II/23080-19-065/18Nov2022

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
Level
(mg/kg)
Residential
Screening
Level (mg/kg)
Acenaphthylene
Test -Pit 3
12-13
6/8/2021
0.053
NSE
Test -Pit 4
12-13
6/8/2021
0.14
Arsenic
SB-01
0-2
6/4/2020
5.5
0.68
SB-02
0-2
6/4/2020
6.5
SB-03
0-2
6/4/2020
7.8
SB-04
0-2
6/4/2020
5.3
SB-05
0-2
6/4/2020
4.2
SB-06
0-2
6/4/2020
5.1
DUP-01
SB-06
0-2
6/4/2020
5.5
SB-07
0-2
6/4/2020
5.6
SB-08
0-2
6/4/2020
6.3
SB-09
0-2
6/4/2020
4.8
SB-10
0-2
6/4/2020
4.6
SS-12
0-2
10/14/2005
1.43
Test -Pit 3
12-13
6/8/2021
9
Test -Pit 4
12-13
6/8/2021
24
Benzo a anthracene
Test -Pit 4
12-13
6/8/2021
1.6
1.1
Benzo(a)pyrene
SB-01
0-2
6/4/2020
0.387 J
0.11
SB-02
0-2
6/4/2020
0.628 J
SB-03
0-2
6/4/2020
0.299 J
SB-04
0-2
6/4/2020
0.592 J
SB-05
0-2
6/4/2020
0.414 J
SB-07
0-2
6/4/2020
0.300 J
SB-08
0-2
6/4/2020
0.266 J
SB-09
0-2
6/4/2020
0.602 J
SB-10
0-2
6/4/2020
0.452 J
Test -Pit 3
12-13
6/8/2021
0.51
Test -Pit 4
12-13
6/8/2021
1.9
Benzo b fluoranthene
Test -Pit 4
12-13
6/8/2021
2.7
1.1
Ahnont Shipping II/23080-19-065/18Nov2022
2

Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Level (mg/kg)
Benzo(g,h,i)perylene
SB-01
0-2
6/4/2020
0.268 J
NSE
SB-02
0-2
6/4/2020
0.376 J
SB-04
0-2
6/4/2020
0.319 J
SB-05
0-2
6/4/2020
0.259 J
SB-07
0-2
6/4/2020
0.212 J
SB-08
0-2
6/4/2020
0.199 J
SB-09
0-2
6/4/2020
0.530 J
SB-10
0-2
6/4/2020
0.214 J
Test -Pit 3
12-13
6/8/2021
0.13 F1
Test -Pit 4
12-13
6/8/2021
0.56
Carbazole
Test -Pit 3
12-13
6/8/2021
0.41 F1
NSE
Test -Pit 4
12-13
6/8/2021
0.17 J
Chromium,
Hexavalent
SB-01
0-2
6/4/2020
0.57
0.31
SB-03
0-2
6/4/2020
0.96
SB-04
0-2
6/4/2020
0.81
SB-05
0-2
6/4/2020
0.61
SB-07
0-2
6/4/2020
1.1
SB-08
0-2
6/4/2020
0.44
SB-09
0-2
6/4/2020
1.1
SS-12
0-0.5
10/14/2005
2.21
Test -Pit 3
12-13
6/8/2021
0.72
Test -Pit 4
12-13
6/8/2021
1
Dibenz a,h anthracene
Test -Pit 4
12-13
6/8/2021
0.19
0.11
p-Isopropyltoluene
SB-01
0-2
6/4/2020
0.106
NSE
SB-02
0-2
6/4/2020
0.693
SB-03
0-2
6/4/2020
0.00098 J
SB-05
0-2
6/4/2020
0.0027 J
SB-06
0-2
6/4/2020
0.00111
DUP-01
SB-06
0-2
6/4/2020
0.0014 J
SB-07
0-2
6/4/2020
0.0036 J
SB-08
0-2
6/4/2020
0.0164
SB-09
0-2
6/4/2020
0.0177
SB-10
0-2
6/4/2020
0.0249
Phenanthrene
SB-01
0-2
6/4/2020
0.342 J
NSE
SB-02
0-2
6/4/2020
0.708 J
SB-03
0-2
6/4/2020
0.312 J
SB-04
0-2
6/4/2020
0.290 J
Ahnont Shipping II/23080-19-065/18Nov2022

Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Level (mg/kg)
Phenanthrene
SB-05
0-2
6/4/2020
0.507 J
NSE
SB-07
0-2
6/4/2020
0.237 J
SB-08
0-2
6/4/2020
0.353 J
SB-09
0-2
6/4/2020
0.325 J
SB-10
0-2
6/4/2020
0.815 J
Test -Pit 3
12-13
6/8/2021
1.2 Fl
Test -Pit 4
12-13
6/8/2021
2.2
Thallium
SS-12
0-0.5
10/14/2005
6.31
0.16
TPH - DRO
Test -Pit 3
12-13
6/8/2021
420 B
1002
Test -Pit 4
12-13
6/8/2021
840 B
TPH — GRO
Test -Pit 4
12-13
6/8/2021
69
502
'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.
2NC Underground Storage Tank (UST) Section Action Level
NSE — No screening level established
J — Estimated value between the method detection limit and the laboratory reporting limit
F1- Matrix sample and/or Matrix Sample Duplicate recovery exceeds control limits
TPH — Total Petroleum Hydrocarbons
DRO- Diesel Range Organics
GRO- Gasoline Range Organics
Almont Shipping II/23080-19-065/18Nov2022
4

EXTERIOR SOIL GAS
Exterior soil gas contaminants in micrograms per cubic meter, the screening levels for
which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (July 2022 version)
Exterior Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level
(Itg/ms
Residential
Screening
Level'
�g/m3)
Acetone
SGP-1
5/28/2021
250
NSE
SGP-2
5/27/2021
70J
SGP-2B
10/15/2021
10.5
SGP-3/Du -I
5/28/2021
260/280
SGP-3B
10/15/2021
86.3
SGP-4
5/27/2021
50
SGP-52
5/27/2021
140
SGP-6
5/27/2021
80
SGP-7
5/27/2021
120
SGP-8
5/27/2021
100
Benzene
SGP-I
5/28/2021
34
12
SGP-2
5/27/2021
18
SGP-2B
10/15/2021
30.5
SGP-3/Du -1
5/28/2021
110/100
SGP-4
5/27/2021
120
SGP-52
5/27/2021
15
1,4-Dichlorobenzene
SGP-I
5/28/2021
9.6J
8.5
cis-1,2-Dichloroethene
SGP-1
5/28/2021
230
NSE
Ethanol
SGP-1
5/28/2021
47J
NSE
SGP-2
5/27/2021
180
SGP-213
10/15/2021
154
SGP-3/Du -I
5/28/2021
79/110
SGP-3B
10/15/2021
9.1
SGP-4
5/27/2021
650
SGP-52
5/27/2021
41J
SGP-6
5/27/2021
34
SGP-7
5/27/2021
82
SGP-8
5/27/2021
33
Ethylbenzene
SGP-3/Du -I
5/28/2021
300/280
37
SGP-4
5/27/2021
46
SGP-52
5/27/2021
53
4-Ethyltoluene
SGP-I
5/28/2021
181
NSE
SGP-2
5/27/2021
14J
SGP-3/Du -1
5/28/2021
280/270
Ahnont Shipping II/23080-19-065/18Nov2022

Exterior Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level
(Itg/ms
Residential
Screening
Level'
�g/m3)
4-Ethyltoluene
SGP-3B
10/15/2021
3.0 J
NSE
SGP-4
5/27/2021
6.4
SGP-52
5/27/2021
40
SGP-6
5/27/2021
3.6J
SGP-7
5/27/2021
2.9J
SGP-8
5/27/2021
8.8
Naphthalene
SGP-2B
10/15/2021
8.0 C8
2.8
SGP-3B
10/15/2021
20.9
SGP-4B
10/15/2021
3.7 C8
Trichloroeth lene
SGP-1
5/27/2021
16J
14
Trichlorofluoromethane
SGP-2B
10/15/2021
0.59 J
NSE
1,2,4-Trimeth lbenzene
SGP-3/Du -1
5/28/2021
440/430
420
1,3,5-Trimeth lbenzene
SGP-3/Du -1
5/28/2021
420/420
420
2,2,4-Trimethylpentane
SGP-1
5/28/2021
330
NSE
SGP-2
5/27/2021
570
SGP-3/Du -1
5/28/2021
52/52J
SGP-4
5/27/2021
980SGP-52
5/27/2021
160
SGP-6
5/27/2021
8.5
SGP-7
5/27/2021
10
SGP-8
5/27/2021
1,100
Vinyl Chloride
SGP-1
5/2/2021
101
5.6
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening
levels displayed for carcinogens are for 1.0E-6 lifetime incremental cancer risk.
2Exterior soil gas sample was obtained from the SGP-5B location in May 2021.
C8 — indicates that the result may be biased high due to carryover from previously analyzed
sample.
NSE-No screening level established
Ahnont Shipping II/23080-19-065/18Nov2022

METHANE GAS
Methane gas concentrations are measured in percent volume of methane in ambient air.
The Lower Explosive Limit (LEL), which is the screening level for methane, is derived from the
NCDEQ Division of Waste Management Solid Waste Section Landfill Gas Monitoring Guidance
(November 2010 version). A concentration of 5 percent methane by volume in ambient air is
equivalent to 100 percent of the LEL. The following table represents the maximum methane
percent by volume at each sample location:
Gas
Contaminant
Sample Location and
Depth at Time of
Sampling
Date of
Sampling
Maximum
Methane
Concentration
(% methane by
volume in soil
as
o LEL
(/o methane by
volume in
ambient air)
SGP-1 5.5 ft
5/27/2021
62
SGP-2 6ft
5/28/2021
27
SGP-3 6.5ft
5/28/2021
70.9
SGP-4 8ft
5/27/2021
26
SGP-5A
5/28/2021
22.7
SGP-5131 9ft Ma
5/27/2021
27.9
SGP-6 7.5ft
5/28/2021
9.6
SGP-313 7.5ft
10/15/2021
46.7
SGP-4B 8ft
10/15/2021
54.6
SGP-5B' 3.5ft Oct
11/3/2021
8.3
SGP-9 5ft
10/15/2021
60.8
SGP-10 4ft
10/15/2021
65.7
SGP-11 6.5ft
11/8/2021
24.8
B-2 3ft
11/3/2021
25.0
Methane
B-2A 7ft
11/3/2021
14.3
5
B-12 3ft
11/15/2021
22.1
B-13 3ft
11/15/2021
32.0
B-14 3ft
11/8/2021
18.2
B-15 3ft
11/3/2021
9.0
B-16 3ft
11/8/2021
16.1
B-17 3ft
11/3/2021
7.4
B-18 3ft
11/15/2021
23.9
B-19 2.5-3ft
11/16/2021
77.2
B-20 2.5-3ft
11/16/2021
12.0
B-22 2.5-3 ft
11/16/2021
5.0
B-24 2.5-3ft
11/16/2021
5.3
B-25 2.5-3ft
11/16/2021
5.2
B-26 (2.5-3ft)
11/16/2021
62.1
Ahnont Shipping II/23080-19-065/18Nov2022

Maximum
Methane
LEL
Gas
Sample Location and
Date of
Concentration
o
(/o methane by
Depth at Time of
Contaminant
Sampling
(% methane by
volume in
Sampling
volume in soil
ambient air)
as
B-27 2.5-3ft
11/16/2021
77.1
B-28 2.5-3ft
11/16/2021
5.1
Methane
5
B-31 2.5-3ft
11/16/2021
16.3
B-32 2.5-3ft
11/16/2021
14.5
1 Two sample locations were inadvertently named SGP-5B, one was installed and sampled in May 2021
and one was subsequently installed and sampled in October 2021; however, these were installed in
different locations.
Almont Shipping II/23080-19-065/18Nov2022

I 11111111111111IN1111111111111111111
2014024348
FOR REGISTRRTION REGISTER OF DEEDS
TRMMY THEUSCH BERSLEY
NEW HRNOVER COUNTY NC
2014 SEP 15 0125 34 PM
BK 5838 PG 2664-2670 FEE $26 00
PC,win -Parse-0�-- QUITCLAIM DEED
THIS QUITCLAIM DEED, made this i day of , 2014, between CSX
TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street,
Jacksonville, Florida 32202, hereinafter called "Grantor", and RIVERFRONT HOLDINGS II
LLC, a North Carolina limited liability company, whose mailing address is 720 North 3`d Street,
Suite 300, Wilmington, North Carolina 28401, hereinafter called "Grantee", WITNESSETH:
(Wherever used herein, the terms "Grantor" and "Grantee" may be construed in
the singular or plural as the context may require or admit, and for purposes of
exceptions, reservations and/or covenants, shall include the heirs, legal
representatives and assigns of individuals or the successors and assigns of
corporations.)
THAT Grantor, for and in consideration of the sum of SIXTY FIVE THOUSAND AND
NO/100 DOLLARS ($65,000.00), to it in hand paid by Grantee, the receipt of which is hereby
acknowledged, does hereby RELEASE, REMISE and forever QUITCLAIM unto Grantee, its
successors and assigns, all right, title and interest of Grantor, if any, in and to that certain tract or
parcel of land situate, lying and being at Wilmington, County of New Hanover, State of North
Carolina, hereinafter designated "the Premises," more particularly described in Exhibit A,
attached hereto and incorporated herein, and containing 127 acres, more or less.
TO HAVE AND TO HOLD the Premises, and all the estate, right, title, lien, interest and
claim whatsoever of Grantor therein, either in law or equity, and all Improvements thereon and
appurtenances thereto, unto the proper use, benefit and enjoyment of Grantee, Grantee's heirs and
assigns or successors and assigns, forever; SUBJECT to reservations, easements, covenants,
restrictions and limitations of record or platted, all existing public utilities and roadways, and all
existing encroachments, ways and servitudes, howsoever created.
Grantee acknowledges that the Premises conveyed hereunder has been historically used
for railroad industrial operations and is being conveyed for use only as industrial or commercial
property Grantee, by acceptance of this deed, hereby covenants that It, its successors, heirs, legal
representatives or assigns shall not use the Premises for any purpose other than industrial or
commercial purposes and that the Premises will not be used for (a) any residential purpose of any
kind or nature (residential use shall be defined broadly to include, without limitation, any use of
the Premises by individuals or families for purposes of personal living, dwelling, or overnight
accommodations, whether such uses are in single family residences, apartments, duplexes, or
other multiple residential dwellings, trailers, trailer parks, camping sites, motels, hotels, or any
other dwelling use of any kind), (b) any public or private school, day care, or any organized long-
term or short term child care of any kind, (c) any agricultural purpose that results in, or could
DRAWN BY:
RP -TURN TO

potentially result in, the human consumption of crops or livestock raised on the property
(agricultural purpose shall be defined broadly to include, without limitation, activities such as
food crop production, dairy farming, livestock breeding and keeping, and cultivation of grazing
land that would ultimately produce, or lead to the production of, a product that could be
consumed by a human) or (d) the establishment of a mitigation bank and/or the sale, lease,
license, conveyance or in any way distribution of mitigation credits. By acceptance of this deed,
Grantee further covenants that it, its successors, heirs, legal representatives or assigns shall not
use the groundwater underneath the Premises for human consumption, irrigation, or other
purposes.
Grantee and Grantor agree and acknowledge the covenants and easements contained in
this Deed shall be covenants "in gross" and easements "in gross" which shall remain binding on
Grantee, its successors, heirs, legal representatives and assigns regardless of whether Grantor
continues to own property adjacent to the Premises Grantee acknowledges Grantor will
continue to have a substantial interest in enforcement of the said covenants and easements
whether or not Grantor retains title to property adjacent to the Premises.
Said covenants shall run with title to the Premises conveyed, and bind upon Grantee,
Grantee's heirs, legal representatives and assigns, or corporate successors and assigns, and
anyone claiming title to or holding Premises through Grantee
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

IN WITNESS WHEREOF, CSX TRANSPORTATION, INC., pursuant to due
corporate authority, has caused its name to be signed hereto by its officers hereunto duly
authorized and its corporate seal, duly attested, to be hereunto affixed.
Signed, sealed and delivered
in the presence of
X-)
This instrument prepared by
or under the direction of
Kim R Bongiovanni
Assistant General Counsel
Law Department
500 Water Street
Jacksonville, Florida 32202
CSX
TA4TION, INC.:
By: W/
Name: en . Crosby
Title: President - CSX Ri
on behalf of CSX I
Attest
PAUL R. H
Print Name. CORPORATE

STATE OF FLORIDA )
) SS.
COUNTY OF DUVAL )
I, eIl,nAt JKJAI a Notary Public of the State of Florida and the County of
Duval, do certify that, on the date be below, before me in said County came Stephen A. Crosby (X)
to me known, and/or ( ) proven by satisfactory current evidence to be the person whose name
is subscribed to the above instrument, who, being by me first duly sworn, did make oath,
acknowledge and say that: he resides in Jacksonville, Duval County, Florida, he is President-
CSX Real Property, Inc, signing on behalf of CSX Transportation, Inc., the corporation
described in and which executed said instrument; he is fully informed of the contents of the
instrument; he knows the seal of said corporation; the seal affixed to said instrument is such seal;
it was so affixed by authority of the Board of Directors of said corporation; he signed his name
thereto for said corporation pursuant to Board authority; and instrument is the free act and deed
of said corporation; and the conveyance herein is not part of a transaction, sale, lease, exchange
or other transfer or conveyance of all or substantially all of the property and/or assets of the
Grantor.
IN WITNESS WHE,REOF, I hereunto set my hand and official seal, this -jjj�-day of
20
My commission expires on:
,W� Wryp
c JENNIFER BRYAN
Notary PUDIb • Side 01 FkKf0x
MY Comm Expka Ore 10. 2017
CoRINIMS i I FF 0 WI
L� Vj4P .�

EXHIBIT A
Description of property at: Wilmington, County of New Hanover, State of North Carolina
To: Riverfrom Holding II LLC
CSXT Deed File No. 2014-2025/JLB
A certain tract or parcel of land lying and being in the City of Wilmington, New Hanover
County, North Carolina and being located at the northwestern quadrant of the western line of Old
Front Street, and the northern line of a 66' public utility right of way (deed book 1094 page 144)
and being more particularly described as follows:
Beginning at an iron on the western right of way of Old Front Street (66 ft public right of way),
said iron being located at the intersection of the western right of way of Old Front Street and the
northern right of way of Harnett Street (66 public right of way), if said Harnett Street were
extended. Proceed from said point of beginning and with the northern right of way of said 66'
Public Utility Right of Way (deed book 1094 page 144) S 83-44-36 W 146.02 ft to a point
thence leaving said northern right of way N 21-14-21 E 20.41 ft. to an iron, thence N 23-52-50 E
108.47 ft. to a point, thence N 21-54-57 E 76.15 ft. to an iron, thence N 16-32-17 E 74.46 ft. to
an iron, thence N 16-32-17 E 11.15 ft to an iron, thence N 15-12-42 E 52 92 ft to an iron on the
western right of way of Old Front Street, thence with said western right of way S 2-34-04 W
41.15 ft., thence S 6-05-36 E 18 86 ft, thence S 6-15-36 E 247 69 ft. to the point of beginning
and containing 0.45 acres.
and
A certain tract or parcel of land lying and being in the City of Wilmington, New Hanover County
and being a portion of the old abandoned Harnett Street right of way and being more particularly
described as follows:
Beginning at an iron on the old abandoned southern right of way of Harnett Street, said iron
being located S 83-44-39 W 167.37 ft. from an iron at the intersection of the southern right of
way of Harnett Street (66 ft public right of way) with the western right of way of Old Front
Street (66 ft public right of way), said iron is also in the northern line of the River Ventures LLC
tract (deed book 4632 page 110)• Proceed from said point of beginning and with the old
abandoned right of way of Harnett Street S 83-44-20 W 14.98 ft. to an iron, thence S 83-44-36 W
30.50 ft. to an iron, thence S 83-44-41 W 431.23 ft. to a point in the current "Harbor Line" (map
book 12 page 3), thence S 83-49-15 W 74.57' to the old "Harbor Line", thence with the old
"Harbor Line" N 07-17-30 E 67 79 ft. to a point, thence with the old abandoned northern right of
way of Harnett Street N 83-49-15 E 83.37 ft to a point in the current "Harbor Line", thence N
83-43-46 E 452.01 ft. to a point at the most southeastern corner of Tract 1-B (map book 58 page
310), thence leaving said old abandoned northern right of way S 06-16-14 E 66.00 ft to the point
of beginning and containing 0.82 acres.

BEING more particularly shown on plat of survey dated September 2, 2014 prepared by Jonathan
L. Wayne, Professional Land Surveyor Number L-3391, Hanover Design Services, P.A., 1123
Floral Parkway, Wilmington, North Carolina 28403, incorporated herein by reference.

NTv:
F, /wr
1-1,7100
TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
tRRkRRRk*##k#i#ti#*itttttRRRtR*RRR*#*#*k##*####tit*M*iRRRtRRtRRRRRR*RRRkR*Rk*#kki#####i##i#**t*tititRRtR#R*ktkRR#Rkikki
Filed For Registration: 09/15/2014 01.25.34 PM
Book: RE 5838 Page: 2664-2670
Document No. 2014024348
7 PGS $26.00
Recorder: HUGHLEY, CAROL
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2014024348*
2014024348

Exhibit B to the Notice of Brownfields Property - SURVEY PLAT
Almont Shipping II Brownfields Property
NCBP #23080-19-065
19 and 41 Harnett Street
Parcel I Ds: R04716— 001— 026— 000, R04712— 002— 001— 000 and R04716— 001— 030— 000
City of Wilmington, New Hanover County, North Carolina
Property Owner: Wilmington Riverfront Holding Company LLC
Prospective Developer: Wilmington Waterfront Property Owner, LLC
Date: November 9, 2022
Sheet 1 of 2
THE AREAS AND TYPES OF CONTAMINATION DEPICTED HERON 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.
SURVEY REFERENCE
BOOK 6232 PAGE 2373
BOOK 6232 PAGE 2357
MB 59 PG 55
MB 60 PG 319
OTHERS NOTED ON MAP
nlnrcc
1. AREA COMPUTED BY COORDINATE METHOD
2. ALL DISTANCES ARE HORIZONTAL
3. FOR REFERENCE SEE AS NOTED
4. SURVEYED MAY 2017 - OCT. 2019
5. 3.00 ACRES TOTAL AREA
6. NO GRID MONUMENTS FOUND WITHIN 2000' OF THIS SURVEY CO
7. PORTIONS OF THE PROPERTY IS LOCATED IN A SPECIAL FLOOD
DATE 06-02-06. BASE FLOOD ELEVATION 9.0' /
HAZARD AREA ACCORDING TO FEMA FLOOD MAP 3720311800K,
8. LAND USE RESTRICTIONS AND CONTAMINANT TABLES TAKEN FROM l
INFORMATION PROVIDED BY OTHERS. l
LEGEND /
E.I.P. = EXISTING IRON PIPE l
E.1. = EXISTING IRON l
E.C.M. = EXISTING CONCRETE MONUMENT
R\W = RIGHT OF WAY l
HWL = HIGH WATER LINE l
MW = GROUNDWATER MONITORING WELL QQ /
SB/B = SOIL BORI NG e l
SGP = SOIL GAS ® l
TEST PIT = ® l
MW/SB = CO -LOCATED GROUNDWATER MONITORING WELL AND SOIL BORING ® l
BROWNFIELDS PROPERTY BOUNDARY l
PUBLIC DRAINAGE EASEMENT l
CENTERLINE l
EASEMENTS l
COMPUTED PROPERTY LINE /
-- /
r% / // //%/ T/, %//7/ 7 /7/� /
/ AREA SUUBJECT TO CSX QUITCLAIM RESTRICTION
F. \All \JON \Carlson \DWG\12518\kettler 2020\12518 Brown Field 2022.dwg
LOCATION MAP
( NOT TO SCALE )
ISggEL H
MEs
BRIDGE
a
LL SITE
w
a
a
CERTIFICATE OF ACCURACY AND MAPPING
U
z
TI
o
I, JONATHAN L. WAYNE, CERTIFY THAT THIS MAP WAS DRAWN BY ME FROM AN ACTUAL
CAPE FEAR
-4
SURVEY MADE UNDER MY SUPERVISION; DEED DESCRIPTION IN BOOK , PAGE,
-'
BOOK PAGE THAT THE ERROR OF CLOSURE AS CALCULATED BY LATITUDES
��
'(�I C'4rQQ� ''i,�
AND DEPARTURES IS 1: ; THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN
AS BROKEN LINES PLOTTED FROM INFORMATION FOUND IN BOOK
'PAGE
Q�.•EEssio .�2'�;
�. Ny•.y
THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED.
us 74
�0 ,_
WITNESS MY HAND AND SEAL THIS DAY OF—A.D., 2022.
SEAL `
L-3391
Preliminary111.21122
�g 76/17 CAPE FEAR
ME BRIDGE
_
JONATHAN L. WAYNE PLS L 3391
i,illllll���
THIS PLAT IS OF AN EXISTING PARCEL OR PARCELS OF LAND AND DOES NOT
NC
GRID
CREATE A NEW STREET OR CHANGE AN EXISTING STREET.
NAD 1983(2011)
WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL THIS
I
DAY OF A.D.,
TRACT 1-B
FLOOD ZONE AE
BASE FLOOD ELEV.
E
MB 58 PG 310
9.0' FROM FIRM
JONATHAN L. WAYNE PLS L-3391
CITY OF WILMINGTON
BOOK 5785 PAGE 1720
37203118 L, EFFECTIVE
DA TE 0812812018
PARCEL ID: R04716-001-003-000
/ MARKER
PRI VA TE A CCESS
EASEMENT
B2298 I RIVER VENTURES LLC
K 5864 PG
�I DEED BOOK 5105 PG 777
l ego T�,o�ir\ TRACT 2
l NORTHERN RIVERFRONT \ \
/ MARINA & HOTEL LLLP
/ DB 6007 PG 1030 \
/ PARCEL ID: R04716-001-015-000 \
/ \ Y
/ � I
/ I I
/ I I
/ I I
I I
I I
MAP BOOK 59 PAGE 55
PARCEL ID: R04716-001-016-000
RIVER VENTURES LLC
BOOK 4311 PAGE 325
PARCEL ID: R04712-003-001-000
HARNETT STREET - -
251.59' — —
N 83'44'36= -
- — 66' PUBLIC R\W
CERTIFICATE OF REGISTRATION BY REGISTER OF DEEDS
NORTH CAROLINA COUNTY
FILED FOR REGISTRATION THIS DAY OF 2020, AT O'CLOCK
AND DULY RECORDED IN MAP BOOK PAGE
BY.•
30' 15' 0 30'
SCALE IN FEET
11, = 30 FT.
HANOVER DESIGN SERVICES, P.A.
LAND SURVEYORS ENGINEERS LAND PLANNERS
1123 FLORAL PARKWAY
WILMINGTON, N.C. 28403
PHONE: [phone]
FAX: [phone]
FIRM CERTIFICATE C-0597

Exhibit 8 to the Notice of Brownfields Property -SURVEY PLAT
Almont Shipping Il Brownfields Property
NCBP #23080-19-065
19 and 41 Harnett Street
Parcel IDS: R04716- 001- 026- 000, R04712- 002- 001- 000 and R04716- 001- 030- 000
City of Wilmington, New Hanover County, North Carolina
Property Owner: Wilmington Riverfront Holding Company LLC
Prospective Developer: Wilmington Waterfront Property Owner, LLC
Date: November 9, 2022
Sheet 2 of
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 New Hanover
County Register of Deeds' office. The exhibits to the Notice are: the Brownfields Agreement for
the subject property, which is attached as Exhibit A to the Notice; a reduced version of this
survey plat, which is attached as Exhibit B to the Notice; and a legal description for the subject
property, which is attached as Exhibit C to the Notice. The land use restrictions below have
been excerpted verbatim from paragraph 12 of the Brownfields Agreement, and all
paragraph letters/numbers are the same as those used in the Brownfields Agreement. The
following Land Use Restrictions are hereby imposed on the Brownfields Property and shall
remain in force in perpetuity unless canceled by the Secretary of the North Carolina
Department of Environmental Quality (or its successor in function), or his/her designee,
after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e):
12. By way of the Notice of Brownfields Property referenced below in paragraph 16,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. As referenced in paragraph 3 above, parcels R04716-001-026-000 and R04716-
001-030-000 (19 Harnett St.) and a portion of parcel R04712-002-001-000 (41 Harnett St.) are
subject to previous land use restrictions recorded in the New Hanover Register of Deeds on June
26, 2008 (Book 5326, Pages 1093-1153), and amended on September 15, 2014 (Book 5838,
Pages 2671-2675) as part of the previous Almont Shipping Brownfields Agreement (Brownfields
Project No. 10040-06-065). Upon the filing of the Notice of Brownfields Property referenced in
paragraph 16 below, the land use restrictions placed herein shall immediately supersede the land
use restrictions set forth in the previous Almont Shipping Brownfields Agreement (Brownfields
Project No. 10040-06-065) only as to those parcels R04716-001-026-000 and R04716-001-030-
000 (19 Harnett St.) and a portion of parcel R04712-002-001-000 (41 Harnett St.) which is
recorded in the New Hanover Register of Deeds on June 26, 2008 (Book 5326, Pages 1093-
1153), as amended on September 15, 2014 (Book 5838, Pages 2671-2675) as part of the previous
Almont Shipping Brownfields Agreement, and replaces those land use restrictions with those
provided below in this paragraph, except for those land use restrictions contained in the deed
notification entitled "Quitclaim Deed" recorded by CSX Transportation, Inc. (CSX) on the deed
to a portion of the Brownfields Property on September 15, 2014 in Book 5838, Pages 2664-2670
at the New Hanover County Register of Deeds office, as those land use restrictions may be
amended, updated, or rescinded in the future, and that are attached hereto as Exhibit 3 and that
shall remain in force (the "CSX Restrictions"). It is the intent of DEQ and the Prospective
Developer that the execution and recordation of this Agreement between DEQ and Prospective
Developer shall not in any way impact any other person's existing liability protection under the
Act and the previously entered Almont Shipping Brownfields Agreement. Specifically, this
Agreement shall not alter the land use restrictions for the property covered by the Almont
Shipping Brownfields Agreement (Brownfields Project No. 10040-06-065) outside the
boundaries of parcels R04716-001-026-000 and R04716-001-030-000 (19 Harnett St.) and a
portion of parcel R04712-002-001-000 (41 Harnett St.) nor shall it, to the extent allowable by
law, alter the existing liability protection of any applicable person included in Section 130A-
310.33 of the Act as provided by the respective Agreements attached as Exhibit A to the Almont
Shipping Notice of Brownfields Property that was originally recorded on June 26, 2008 (Book
5326, Pages 1093-1153), and as amended on September 15, 2014 (Book 5838, Pages 2671-
2675). 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 high density
residential (except on the portion of the Brownfields Property in which residential use is
prohibited under the CSX Restriction, as defined above in paragraph 12), retail, office, storage,
open space, private and public parking, and subject to DEQ's prior written approval, other
commercial uses. For purposes of this restriction, the following definitions apply:
i. "High density residential" is defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit (e.g., privately -owned
courtyards are prohibited), and may include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages. Single family homes,
townhomes, duplexes or other units with yards are prohibited.
ii. "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.
iii. "Office" is defined as a place where business or professional services
are provided.
iv. "Storage" is defined as spaces that are provided for on -site residents or
are commercially rented on a short- or long-term basis by consumers and businesses for the
storage of personal effects, household goods, equipment and other non -hazardous materials that
are in compliance with all applicable local, state, and federal regulations.
v. "Open space" is defined as land maintained in a natural or landscaped
state and for uses such as natural resource protection, riparian buffers, greenways, or detention
facilities for stormwater.
vi. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same.
vii. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee, or licensee.
Specific Prohibitions
b. The Brownfields Property may not be used for childcare centers, adult care
centers, or schools without the prior written approval of DEQ.
c. Note that there is a Quitclaim Deed as included in the Exhibit 3 to this
Agreement that prohibits certain uses for the portion of the Brownfields Property denoted on the
plat component of the Notice of Brownfields Property referenced in paragraph 16 below as
"Area Subject to CSX Quitclaim Restriction".
Environmental Management Plan
d. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan ("EMP") approved
in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use
of the Brownfields Property during construction or redevelopment in any other form, including
without limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above and
Exhibit 2 attached hereto;
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
e. No later than January 31 of each calendar year following 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
V: Work to be Performed above;
ii. soil eradine and cut and fill actions:
Land Use Restrictions
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected
or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
Groundwater
f. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 12.a.
above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 12A., or a plan approved in
writing in advance by DEQ.
Soil
g. No activity that disturbs soil on the Brownfields Property may occur unless and
until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24
inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken and;
iv. in connection to work conducted in accordance with a DEQ-
approved Environmental Management Plan (EMP) as outlined in subparagraph 12.d.
h. 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 that is not covered by building foundations, sidewalks, or asphaltic
or concrete parking areas and driveways.
i. 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 12A.
Vapor Intrusion
j. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 16 below, 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.
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.
Damage to Wells
1. The owner of any portion of the Brownfields Property where any subsequently
installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants,
the owner shall be responsible for repair of any such wells to DEQ's written satisfaction and
within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance.
Notification of Tenants
m. 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 New
Hanover 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 paragraph, 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
n. None of the contaminants known to be present in the environmental media
at the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by
DEQ in writing if additional contaminants in excess of applicable standards are discovered
at the Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping
and maintenance activities;
ii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment, and vehicles in on -board tanks integral to said equipment, or in
flammable liquid storage containers totaling no more than 25 gallons; and
iii. as constituents of products and materials customarily used and stored
in high density residential, retail, office, storage, open space, private and public 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.
Land Use Restriction Update
o. During January of each year after the year in which the Notice referenced
below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of New Hanover County,
certifying that, as of said January 1st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the New Hanover County Register of Deeds office and
for the purposes of N.C.G.S. § 130o-310.35
Michael E. Scott, Director Date
Division of Waste Management
State of North Carolina
County of Wake
that the land use restrictions are being complied with. If the property is transferred, the grantor
shall submit a LURU (as outlined above) which covers the period of time they owned the
Brownfields Property. The submitted LURU shall state the following:
i. the Brownfields Property address, and the name, mailing address,
telephone number, and contact person's e-mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a
joint LURU is submitted, acquired any part of the Brownfields Property during the previous
calendar year;
ii. the transferee's name, mailing address, telephone number, and contact
person's e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 12.j. above are performing as designed, and whether the uses of the ground
floors, including any tenant renovations, of any buildings containing such vapor barrier and/or
mitigation systems have changed, and, if so, how, and under which precautions so as not to
interfere with the operation of said system;
iv. whether the "Area Subject to CSX Restriction" denoted on the plat
component of the Notice of Brownfields Property in paragraph 16 below remains in compliance
with the requirements of Exhibit 3 to this Agreement;
v. 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; and
vi. A LURU submitted for rental units shall include enough of each lease
or rider entered into during the previous calendar year to demonstrate compliance with lessee
notification requirements in paragraphs 17 and 18 of this Agreement provided that if standard
form leases or riders are used in every instance, a copy of such standard form lease or rider may
be sent in lieu of copies of actual leases.
E SSi
SEAL =
L-3391
;o 6�
JONATHAN L. WAYNE PLS L-3391
Exhibit 2
The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on January 21, 2022. The following tables set forth, for
contaminants present at the Brownfields Property above unrestricted use standards or screening
levels, the concentration found at each sample location, and the applicable standard or screening
level. Screening levels and groundwater standards are shown for reference only and are not set
forth as cleanup levels for purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
the standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, (April 1, 2022 version):
Groundwater
Sample
Date of
Concentration
Standard
Exceeding
Contaminant
Location
Sampling
(Ng� )
Standard ( /L)
MW-01
6/8/2020
85.4
MW-02
6/8/2020
163
Arsenic
10
DUP-01
6/8/2020
31.9
(MW-04)
MW-7
5/25/2005
88.1
Chloride
MW-7
5/25/2005
3,491,000
250,000
DUP-01
6/8/2020
12.2
Chromium
MW-04
10
MW-7
5/25/2005
25.3
Lead
MW-7
5/27/2007
24.8
15
Methyl Chloride
MW-02
6/8/2020
4.4
3
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
Level
(mg/kg)
Residential
Screening
Level (mg/kg)
Acenaphthylene
Test -Pit 3
12-13
6/8/2021
0.053
NSE
Test -Pit 4
12-13
1 6!8/2021
0.14
Arsenic
SB-01
0-2
6/4/2020
5.5
0.68
SB-02
0-2
6/4/2020
6.5
SB-03
0-2
6/4/2020
7.8
SB-04
0-2
6/4/2020
5.3
SB-05
0-2
6/4/2020
4.2
SB-06
0-2
6/4/2020
5.1
DUP-01
SB-06
0-2
6!4/2020
5.5
SB-07
0-2
6/4/2020
5.6
SB-08
0-2
6/4/2020
6.3
SB-09
0-2
6/4/2020
4.8
SB-10
0-2
6/4/2020
4.6
SS-12
0-2
10/14/2005
1.43
Test -Pit 3
1 12-13
6/8/2021
9
Test -Pit 4
1 12-13
6/8/2021
24
Benzo a anthracene
Test -Pit 4
12-13
6/8/2021
1.6
1.1
Benzo(a)pyrene
SB-01
0-2
6/4/2020
0.387 J
0.11
SB-02
0-2
6/4/2020
0.628 J
SB-03
0-2
6/4/2020
0.299 J
SB-04
0-2
6/4/2020
0.592 J
SB-05
0-2
6/4/2020
0.414 J
SB-07
0-2
6/4/2020
0.300 J
SB-08
0-2
6/4/2020
0.266 J
SB-09
0-2
6/4/2020
0.602 J
SB-10
0-2
6/4/2020
0.452 J
Test -Pit 3
12-13
6/8/2021
0.51
Test -Pit 4
12-13
1 6/8/2021
1.9
Benzo fluoranthene
Test -Pit 4
1 12-13
1 6/8/2021
2.7
1.1
Soil
Contaminant
Sample
Location
Depth
O ft
Date of
Sampling
p g
Concentration
Exceeding
Screening
Level
(-)
Residential
Screening
Level' (mg/kg)
Benzoh,i
(g' )parylene
SB-01
0-2
6/4/2020
0.268 J
NSE
SB-02
0-2
6/4/2020
0.376 J
SB-04
0-2
6/4/2020
0.319 J
SB-05
0-2
6/4/2020
0.259 J
SB-07
0-2
6/4/2020
0.212 J
SB-08
0-2
6/4/2020
0.199 J
SB-09
0-2
6/4/2020
0.530 J
SB-10
0-2
6/4/2020
0.214 J
Test -Pit 3
12-13
6/8/2021
0.13 Fl
Test -Pit 4
12-13
6/8/2021
0.56
Carbazole
Test -Pit 3
12-13
6/8/2021
0.41 Fl
NSE
Test -Pit 4
12-13
6/8/2021
0.17 J
Chromium,
Hexavalent
SB-01
0-2
6/4/2020
0.57
0.31
SB-03
0-2
6/4/2020
0.96
SB-04
1 0-2
6/4/2020
0.81
SB-05
0-2
6/4/2020
0.61
SB-07
0-2
6/4/2020
1.1
SB-08
0-2
6/4/2020
0.44
SB-09
0-2
6/4/2020
1.1
SS-12
0-0.5
10/14/2005
2.21
Test -Pit 3
12-13
6/8/2021
0.72
Test -Pit 4
12-13
6/8/2021
1
Dibenz(a,h)anthracene
Test -Pit 4
12-13
6/8/2021
0.19
0.11
p-Isopropyltoluene
SB-01
0-2
6/4/2020
0.106
NSE
SB-02
0-2
6/4/2020
0.693
SB-03
0-2
6/4/2020
0,00098 J
SB-05
0-2
6/4/2020
0.0027 J
SB-06
1 0-2
6/4/2020
0.0011 J
DUP-01
SB-06
0-2
6/4/2020
0.0014 J
SB-07
0-2
6/4/2020
0.0036 J
SB-08
0-2
6/4/2020
0.0164
SB-09
0-2
6/4/2020
0.0177
SB-10
0-2
6/4/2020
0.0249
Phenanthrene
S13-01
0-2
6/4/2020
0.342 J
NSE
SB-02
0-2
6/4/2020
0,708 J
SB-03
0-2
6/4/2020
0.312 J
SB-04
0-2
6/4/2020
1 0.290 J
Contaminant Tables
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
g
Concentration
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Levels (mg/kg)
Phenanthrene
SB-05
0-2
6/4/2020
1 0.507 J
NSE
SB-07
0-2
6/4/2020
0.237 J
SB-08
0-2
6/4/2020
0.353 J
SB-09
0-2
6/4/2020
0.325 J
SB-10
0-2
6/4/2020
0.815 J
Test -Pit 3
12-13
6/8/2021
1.2 F1
Test -Pit 4
12-13
6/8/2021
2.2
Thallium
SS-12
0-0.5
10/14/2005
6.31
0.16
TPH - DRO
Test Pit 3
12 13
6/8/2021
420 B
1002
Test -Pit 4
12-13
6/8/2021
840 B
TPH - GRO
Test -Pit 4
12-13
6/8/2021
69
502
'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.
INC Underground Storage Tank (UST) Section Action Level
NSE - No screening level established
J - Estimated value between the method detection limit and the laboratory reporting limit
Fl- Matrix sample and/or Matrix Sample Duplicate recovery exceeds control limits
TPH- Total Petroleum Hydrocarbons
DRO- Diesel Range Organics
GRO- Gasoline Range Organics
EXTERIOR SOIL GAS
Exterior soil gas contaminants in micrograms per cubic meter, the screening levels for
which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (July 2022 version)
Exterior Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
L
/ms
Residential
Screening
Level'
/m3
(jig )
Acetone
SGP-1
5/28/2021
250
NSE
SGP-2
5/27/2021
70J
SGP-2B
10/15/2021
10.5
SGP-3/Du -1
5/28/2021
260/280
SGP-3B
10/15/2021
86.3
SGP-4
5/27/2021
50
SGP-52
5/27/2021
140
SGP-6
5/27/2021
80
SGP-7
5/27/2021
120
SGP-8
5/27l2021
100
Benzene
SGP-1
5/28/2021
34
1`
SGP-2
5/27/2021
18
SGP-2B
10/15/2021
30.5
SGP-3/Du -1
5/28/2021
110/100
SGP-4
5/27/2021
120
SGP-52
5/27/2021
15
1,4-Dichlorobenzene
SGP-1
5/28/2021
9.6J
8.5
cis- 1, 2-Dichloroethene
SGP-1
5/28/2021
230
NSE
Ethanol
SGP-1
5/28/2021
47J
NSE
SGP-2
5/27/2021
180
SGP-2B
10/15/2021
154
SGP-3/Du -1
5/28/2021
79/110
SGP-3B
10/15/2021
9.1
SGP-4
5/27/2021
650
SGP-52
5/27/2021
41J
SGP-6
5/27/2021
34
SGP-7
5/27/2021
82
SGP-8
5/27/2021
33
Ethylbenzene
SGP-3/Du -1
5/28/2021
300/280
37
SGP-4
5/27/2021
46
SGP-52
5/27/2021
53
4-Ethyltoluene
SGP-1
5/28/2021
18J
NSE
SGP-2
5/27/2021
14J
SGP-3/Du -1
5/28/2021
280/270
Exterior Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level
/m3)
Residential
Screening
Level'
q g/ru )
4-Ethyltoluene
SGP-3B
10/15/2021
3.0 J
NSE
SGP-4
5/27/2021
6.4
SGP-52
5/27/2021
40
SGP-6
5/27/2021
3.6J
SGP-7
5/27/2021
2.9J
SGP-8
5/27/2021
8.8
Naphthalene
SGP-2B
10/15/2021
8.0 C8
2.8
SGP-3B
10/15/2021
20.9
SGP-4B
10/15/2021
3.7 C8
Trichloroeth lene
SGP-1
5/27/2021
16J
14
Trichlorofluoromethane
SGP-2B
10/15/2021
0.59 J
NSE
1,2,4-Trimeth lbenzene
SGP-3/Du -1
5/28/2021
440/430
420
1,3,5-Trimeth lbenzene
SGP-3/Du -1
5/28/2021
420/420
420
2,2,4Trimethylpentane
SGP-1
5/28/2021
330
NSE
SGP-2
5/27/2021
570
SGP-3/Du -1
5/28/2021
52/52J
SGP-4
5/27/2021
980
SGP-5
5/27/2021
160
SGP-6
5/27/2021
8.5
SGP-7
5/27/2021
10
SGP-8
5/27/2021
1,100
Vm 1 Chloride
I SGP-1
5/2/2021
101
5.6
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening
levels displayed for carcinogens are for 1.0E-6lifetime incremental cancer risk.
'Exterior soil gas sample was obtained from the SGP-5B location in May 2021.
C8 - indicates that the result may be biased high due to carryover from previously analyzed
sample.
NSE-No screening level established
Preliminary 11121122
METHANE GAS
Methane gas concentrations are measured in percent volume of methane in ambient air.
The Lower Explosive Limit (LEL), which is the screening level for methane, is derived from the
NCDEQ Division of Waste Management Solid Waste Section Landfill Gas Monitoring Guidance
(November 2010 version). A concentration of 5 percent methane by volume in ambient air is
equivalent to 100 percent of the LEL. The following table represents the maximum methane
percent by volume at each sample location:
Gas
Contaminant
Sample Location and
Depth at Time of
Sampling
Date of
Sampling
Maximum
Methane
Concentration
(% methane by
volume in soil
as
LEL
(% methane by
volume in
ambient air)
Methane
SGP-1 5.5 ft
5/27/2021
62
5
SGP-2 (6ft)
5/28/2021
27
SGP-3 (6.5ft)
5/28/2021
70.9
SGP-4 (8ft)
5/27/2021
26
SGP-5A
5/28/2021
22.7
SGP-5B' (9ft) (Ma
5/27/2021
27.9
SGP-6 7.5ft
5/28/2021
9.6
SGP-3B 7.5ft
10/15/2021
46.7
SGP-4B (8ft)
10/15/2021
54.6
SGP-5B' (3.5ft) (Oct)
11/3/2021
8.3
SGP-9 (5ft)
10/15/2021
60.8
SGP-10 (4ft)
10/15/2021
65.7
SGP-11 6.5ft
11/8/2021
24.8
B-2 3ft
11/3/2021
25.0
B-2A 7ft
11/3/2021
14.3
B-12 (3ft)
11/15/2021
22.1
B-13 (3ft)
11/15/2021
32.0
B-14 (3ft)
11/8/2021
18.2
B-15 (3ft)
11/3/2021
9.0
B-16 3ft
11/8/2021
16.1
B-17 3ft
11/3/2021
7.4
B-18 3ft
11/15/2021
23.9
B-19 (2.5-3ft)
11/16/2021
77.2
B-20 (2.5-3ft)
11/16/2021
12.0
B-22 (2.5-3 ft)
11/16/2021
5.0
B-24 2.5-3ft
11/16/2021
5.3
B-25 2.5-3ft
11/16/2021
5.2
B-26 (2.5-3ft)
11/16/2021
62.1
Maximum
Sample Location and
Methane
LEL
Gas
Depth at Time of
Date of
Concentration
(% methane by
Contaminant
Sampling
Sampling
(% methane by
volume in
volume in soil
ambient air)
as)
B-27 (2.5-3ft)
11/16/2021
77.1
Methane
B-28 2.5-3ft
11/16/2021
5.1
5
B_31 2.5-3ft
11/16/2021
16.3
B-32 (2.5-3ft)
11/16/2021
14.5
'Two sample locations were inadvertently named SGP-5B, one was installed and sampled in May 2021
and one was subsequently installed and sampled in October 2021; however, these were installed in
different locations.
HANOVER DESIGN SERVICES, P.A.
LAND SURVEYORS ENGINEERS LAND PLANNERS
1123 FLORAL PARKWAY
WILMINGTON, N.C. 28403
PHONE: [phone]
FAX: [phone]
FIRM CERTIFICATE C-0597

Exhibit C
Legal Description
0.98 Acre Tract
Beginning at a point at the intersection of the current western right of way of Nutt Street
(variable width public right of way) and the northern right of way of Harnett Street (66' public
right of way): Proceed from said point of beginning and with the northern right of way of
Harnett Street S 83-37-47 W 6.11' to a point, thence S 83-44-36 W 166.60' to a point, thence
leaving said northern right of way N 05-34-55 W 247.70' to a point, thence N 83-44-33 E
179.93' to a point on the western right of way of said Nutt Street, thence with said western line
S 09-18-17 W 37.80' to a point, thence S 06-15-24 E 211.26' to the point of beginning.
1.78 Acre Tract
Beginning at a point at the northwestern terminus of Harnett Street (66' public right of way):
Proceed from said point of beginning S 83-43-46 W 301.26' to point, thence S 83-43-46 W
40.08' to a point, thence N 03-11-43 E 20.39' to a point, thence N 06-28-58 E 69.11' to a point,
thence N 06-39-56 E 72.06' to a point, thence N 12-03-18 E 37.83' to a point, thence N 14-57-27
E 58.03' to a point, thence N 83-44-36 E 25.07' to a point, thence N 83-44-36 E 251.59' to a
point, thence S 05-34-55 E 247.70' to the point of beginning.
0.24 Acre Tract
Beginning at a point at the southeastern corner of Tract 4-A (map book 68 page 195) said point
being located S 83-43-46 W 341.34' from the northwestern terminus of Harnett Street (66'
public right of way): Proceed from said point of beginning N 03-11-43 E 20.39' to a point,
thence N 06-28-58 E 69.11' to a point, thence N 06-39-56 E 72.06' to a point, thence N 12-03-18
E 37.83' to a point, thence N 14-57-27 E 58.03' to a point, thence S 83-44-36 W 34.26' to a
point, thence S 14-16-38 W 264.59' to a point, thence N 83-43-46 E 59.48' to the point of
beginning.
Ahnont Shipping II/23080-19-065/21Nov2022