25009_East Side Truck_Recorded Plat_20221222

LEGEND
FIRE HYDRANT
CONC. CURB &
wV
GUTTER
pQ
WATER VALVE
STORM DRAIN PIPE
FIRE DEPT. CONNECT
CONCRETE
O
CLEANOUT (CO)
°
SIDEWALK
O
IPF (IRON PIN FOUND)
C
POWER POLE & GUY
BROWNFIELDS
LIGHT POLE
PROPERTY LINE
- -
- ADJACENT PROPERTY
SHRUB
LINE
r� TREELINE
- - -
DETENTION POND
BOUNDARY
- - -
- OVERHEAD ELECTRIC
SPOT GRADE
RIP RAP
ELEVATION
GROUNDWATER
GRAVEL
SAMPLING LOCATION
SOIL GAS SAMPLING
zi;
ASPHALT
LOCATION
- GE
GE
17E _
IPF%a"PT
( r
"'
ru
�� 13E `---
~ ~ ~ ~ nE
`
N:458221.05
�- .� _ _
E:2055266.81
r
r
w z
N/F-
`�' ��
PELICAN PROPERTY HOLDINGS, LLC.; - . �t - tic
CO Uj
LU
GREAT OAKS PROPERTY HOLDIN.GS;BRUCE,
BARCLAY CAMERON FOUNDATION, INC
o
PIN # 0455-57-0862
N/F
BRUCE BARCLAY CAMERON
FOUNDATION, INC.;PELICAN
PROPERTY HOLDINGS,
LLC., GREAT OAKS
PROPERTY HOLDINGS, LLC.
PIN # 0455-68-0760
D.B. 7824 PG. 349
CUMBERLAND COUNTY
z
�u
N
Ell
�} M
W
e
co
Co
0
TW-2
LATr N035° 00' 33"-
L❑NGr W078° 48' 58"
MW-5
LAT: N035° 00' 33"
LONG, W078° 48' 58"
z
w
0
ir
4
D.B. 8868 PG. 885
CITY OF FAYETTEVILLE
S33° a
SG_1 19 31 �✓ 212,91,
LAT: N035° 00' 31'
LONG, W078° 48' 56"
0 0\
1 \\
11 +\
\ SG-2/Dup
LAT, N035° 00' 32"
1 \ \ L❑NGr W078° 48' 57'
a \
1 "o
1 \
0
was
{
{
}
{ MW-1
LAT. N035° 00' 33'
LONG: W078° 48' 58"
{
{ MW-6
ky LAT, N035° 00' 33'
LON& W078° 48' 58'
16
11
SG-5 1
SG-3
LAT, N035° 00' 30'
LONG W078° 48' 57"��
SG_4_/LAT, N035° 00' 30"
LONG, W078° 48' 58"
3.38 AC.
PIN # 0455-48-9188
TW•-1
�LAT; N035° 00' 32'
L❑NGr W078° 48' 59"
LAT, N035° 00' 32' 1
L❑NGt W078" 48' 58" 1
1 S-2
LAT, N0350 00' 32'
1 LONG, W078° 48' 59'
11
i
Q
x �
Q TREE LINE �\
_ � ~20' WATER,~ ~ ` -- , _ \
IPF 2 P6S7 . BLOCK WALE DEED 80CaIt Zg STORM DRAIN_AGE E \
IPF j�. 6 x.AJ I.J. �� 46 PGS. 28?-283
REAR � ASEIVIENT
\
N35°27'33'E 17,41' N33.24'08"E 134 49
I CUMBERLAND COUN71(
T \
1,4' WOOD FENCE ENCROACHMENT
1.04' WOOD FENCE ENCROACHMENT 4 I� F REBR �0
LU
N/F I ACP 2.
\
BARBARA KELLY TRUST I -- -- BE -_ ©E
0
PIN # 0455-48-9562 Co w (, \
Q.B. 9676 PG. 849 N/F CONC, z ( co
�' \
ERIN PIERSON GARNEAU
PIN # 0455-48-8398
D.B. 9825 PG. 384
A rcv
O `T \
?
n� Cn
Note:
The areas and types of contamination depicted hereon are approximations deriveda \
from the test available information at the time of filing. A listing of the technical LU W \
reports used to prepare this plat are available in the Brownfields Agreement for this j f ( [ °AID 13„ I N°
property.
ADDRESS: 520 JUDSON CHURCH ROAD
__ { IPF PT N I N25°08'26"E 254.59'
--�DE ---DES--.--OE -= -"aE 4=-�- fit -_---
NOTARY INV: 93.97 15" RCS INV: 93.92_15" RCP _
- -- INV; 93.79
} INV:93.93
STATE OF NORTH CAROLINA
CO TY FCUMBERLANFP
N
XaOA NOTARY PUBLIC OF THE COUNTY AND
TE AFORESAI , CERTIFY THAT NICK PATEL, MANAGER OF NAMAN JUDSON,
LLC, THE SUBJECT PROPERTY OWNER, PERSONALLY APPEARED BEFORE ME
THIS DAY AND ACKNOWLEDGED THE EXECUTION OF THE FOREGOING
INSTRUMENT ON BEH i�41 F SAID MPANY WITNESS MY HAND AND OFFICIAL
STAMP OR SEAL THIS DAY OF Z , 2022.
PRISM � SWILL"
O ARY PURL
MY COMMISSION EXPIRES Z9&I&V)A r!p '
MN c4mmiumimm"Ob-0
EDGE OF
EDGE OF PAVEMENT
N/F
FAY EAST CONGREGATION OF
FLOOD CERTIFICATION JEHOVAH'S WITNESSES, FAY, NC, INC.
PIN # 0455-48-6526
1 HEREBY CERTIFY THAT I HAVE CONSULTED THE NATIONAL FLOOD INSURANCE
PROGRAM, "FLOOD INSURANCE RATE MAP", MAP NUMBER 3720044400J, PANEL
NUMBER 0444, EFFECTIVE DATE: 1/5/2007. 1 HAVE DETERMINED THAT THE ABOVE SITE
LIES WITHIN AN UNSHADED ZONE "X".
JUDSON CHURCH ROAD
- SR 2008(VARIABLE R/W)
46 MPH
N/F
MARY A. CRUMPLER
PIN # 0455-48-4269
30
GRAPHIC SCALE
15 30 50
( IN FEET )
1 inch = 30 ft.
IPF se" REBAR " •�
y �
P.O.B.
N:458120.48
E:2054691.36
IPF
' 2'70R
( N/F
NAMAN WILMINGTON 11, LLC.
FUR PIN # 0455-47-8725
c ( D.B. 9591 PG. 559
to CITY OF FAYETTEVILLE
C
FUR
T (
o
N
t.d 2' FUR
a.
z
o
z(
z
�
W
f
FUR
FUR CONTROL POINT -Y2" REBAR
N A58015.60
E:2054896.78
"4' EL.=102.95
3 i-cj FU R
O -t R
...._. P------.
3" F R' DU PAD ER
t S�
3" HbLLY
00
z
¢a
C)
Q
Q
a
tit
Z
N/F
NAMAN CEDAR CREEK, LLC.
PIN # 0455-47-6898
D.B. 10238 PG. 539
CITY OF FAYETTEVILLE
+
L.3m:
}OD
VALVE PIT
R R P,o.B.
j
2" HAI�DWC❑
RIP RAP ,� N25°19'34°E 94,98' IPF CONC. MO..
D4
T.B.M. ARROW ON FIRE HYDRANT
EL.=101.78 NAVD88 DATUM
o�WY
EDGE OF PAVEMENT'S
650' +/- TO CL CEDAR CREEK ROAD
CONC. MON.
NA58034.63
E:2054650.73
LOCATION MAP
1" = 2000'
REFERENCES:
1, CUMBERLAND COUNTY PIN# 0455-48-7292 & 0455-58-0008
2. SUBDIVISION PLAT PREPARED FOR NAMAN WILMINGTON 11, LLC. BY M.A.P.S. SURVEYING, INC.
DATED AUGUST 5, 2015. RECORDED IN BOOK 136 PAGE 119.
3. PELICAN PROPERTY HOLDINGS, LLC.; GREAT OAKS PROPERTY HOLDINGS;
BRUCE BARCLAY CAMERON FOUNDATION, DEED BOOK 8868 PAGE 885 FOR PIN# 0455-57-0862.
4. BARBARA KELLY TRUST, DEED BOOK 9676 PAGE 849 FOR PIN# 0455-48-9562.
5. NAMAN CEDAR CREEK, LLC., DEED BOOK 10238 PAGE 539 FOR PIN# 0455-47-6898,
6. MISTY D. CARTER AND TERRY W. CARTER, DEED BOOK 10284 PAGE 45 FOR PIN# 455-48-7292,
7. NAMAN WILLMINGTON II, LLC., DEED BOOK 9591 PAGE 559 FOR PIN# 0455-47-8725.
S. LEISURE INN OF FAYETTEVILLE, INC., DEED BOOK 2946 PAGE 281-283.
9. LEISURE INN OF FAYETTEVILLE, INC., DEED BOOK 3010 PAGE 377-380.
10.RECOMBINATION PLAT PREPARED FOR MISTY D. CARTER AND NAMAN WILMINGTON 11, LLC., BY
M.A.P.S. SURVEYING, INC., DATED FEBRUARY 5, 2015. RECORDED IN PLAT BOOK 135 PAGE 126.
NOTES:
1. HORIZONTAL COORDINATES (NAD 83) AND ELEVATIONS (NAVD 88) BASED ON NGS
MONUMENT BEST. PID AH5492. NORTH: 457598.25, EAST: 2053821.19 ELEV: 115.00
2. UPON RECORDATION OF THIS PLAT PARCEL 1 AND PARCEL 2 ARE TO BECOME AN
UNDIVIDED PARCEL.
3. MINIMUM BUILDING SETBACK IN CUMBERLAND COUNTY FOR A-1 ZONING
50' FRONT YARD
26 SIDE YARD
50` REAR YARD
4. MINIMUM BUILDING SETBACK IN THE CITY OF FAYETTEVILLE, NC FOR H-1 ZONING
50' FRONT YARD
15' SIDE YARD
20' REAR YARD
5. SCREENING IS REQUIRED ON PROPERTY LINES ADJACENT TO PIN 0455-48-8398. SEE
UNIFIED DEVELOPMENT ORDINANCE CHAPTER 30-5.
6. TW-1, TW-2, AND S-2 LOCATINS WERE PROVIDED BY SCALING FROM MAP PREPARED
BY WITHERS RAVENEL ENGINEERS PLANNERS & SURVEYORS, DATED FEBRUARY,
2020
THE UTILITIES ARE SHOWN FOR THE CONTRACTOR'S CONVENIENCE ONLY. THERE MAY BE OTHER UTILITIES
NOT SHOWN ON THESE PLANS. THE ENGINEER ASSUMES NO RESPONSIBILITY TO VERIFY THE LOCATIONS
SHOWN AND IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO VERIFY THE LOCATIONS OF ALL UTILITIES
WITHIN THE LIMITS OF THE WORK. ALL DAMAGE MADE TO EXISTING UTILITIES BY THE CONTRACTOR SHALL B
THE SOLE RESPONSIBILITY OF THE CONTRACTOR.
FILED Dec 22, 2022 04:37:36 pm FILED '
BOOK 00149
CUMBERLAND
PAGE 0056 THRU 0057
COUNTY NC
INSTRUMENT # 49147
J WARREN JR.
RECORDING $42.00
REGISTER
OF DEEDS
EXCISE TAX (None)
LC
STATE OF NORTH CA;0LI'NA
COUNTY OF CUMBERLAND
R fievie,v Officer t
cI , . rrrl rlar ra G'c�r_n1c�, eeftify that. the map
G` I lt' trJ villich.this cerliiicatP, is aiflxC,d
insets all statutory requirements for recording.
Revieta 0,ficar
Data: - >.
CERTIFICATION
I, JAMES M. FUTTER, CERTIFY TO INVESTORS TITLE INSURANCE COMPANY, NAMAN
JUDSON, LLC., AND UNITED BANK THAT THIS PLAT WAS DRAWN UNDER MY
SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED
DESCRIPTION RECORDED IN BOOK 10284, PAGE 0045; THAT ALL BOUNDARIES WERE
SURVEYED AND ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND IN
BOOK 135, PAGE 126; THAT THE RATIO OF PRECISION AS CALCULATED BY GPS; THAT
THIS MAP MEETS THE REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR LAND
SURVEYING IN NORTH CAROLINA (21 NCAC 56, 1600)." THIS 27TH DAY OF JANUARY,
J
S M. FUTTER, PE, PLS PLS L-3932
,\,,,`nrrArO
u.1lizzo
i ''o
��ssrq� y
OWNER:
_ SEAL = NAMAN JUDSON, LLC
L-3932 - 2200-A DAVID McLEOD BLS
FLORENCE, SC 29501
E (843)-669-0855 OFFICE
zo
zz
01
0�
ZU)
z
�g
Z-61
a
U
0
.,
pE
O
N
N U
U
4-1 �
C13O
'C
N
N
d'
.�.. _
6
! (�t
U
U
N
1--
I
� v
O �
�
C0 U
MC5c
:3-0
�
ono
v
Q r
U
U
X U
U
>
U
0
E
Lu
M
i
U
\�s5srsssrrt crurrfrrrr
ooCA f p o,,,,-,
a
-7s
no
CHAO
&
o
m o ASSOCIATES
No.
C-3426
o�
-tee
1'66-
.q�
�''rrrrrrr rr r r r tAi rsssss�`�� \
Uj
I-
U
W
U)
W
>U�
U)
W
N
❑_
{})
0
0
L
to
CLU)N
Cn
-0
Q
W
LU
c
W
�
(j
LLI
ozZ❑_j
=L)
of
O
O�W=0
C8-n
ry
00U0
-w
p
p
U
LL
0
0....I-1ZQ00r.Z
+'WLu0z'tF_
m
-
LL
Lt_
U)
kt
[1ZZ�WITW0
0
z
zz=
XwryN
III
m
m
Lo
O�_
U
Q
'O
U
�
o
�
m
d�
E-
U
cy.)
M
0
Z
ai
(D
2
❑
0L ii.
CL
1 OF2
Sheet Number
1 /27/2022
Date

LAND USE RESTRICTIONS
4. in connection to work conducted in accordance with a DEQ-approved EMP as outlined in subparagraph 13.c.
NCGS 130A-310.35(a) requires recordation of a Notice of Brownfields Property ("Notice") that identifies any restrictions
ii.
Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEQ's
on the current and future use of a Brownfields Property that are necessary or useful to maintain the level of protection
satisfaction and the written approval of DEQ, unless conducted in accordance with an approved EMP as outlined in
Exhibit 2
appropriate for the designated current or future use of the property and that are designated in a Brownfields Agreement
paragraph 13.c.
Brownfields Property Name: East Side Truck Service
pertaining to the property. This survey plat constitutes one of three exhibits to the Notice pertaining to the Brownfields
Brownfields Project Number: 25009-21-026
Property depicted on this plat and recorded at the Cumberland 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
g.
Vapor Intrusion
The following tables set forth, for contaminants present at the Brownfields Property
survey plat, which is attached as Exhibit B to the Notice; and a legal description for the subject property, which is attached as
No enclosed building may be constructed on the Brownfields Property and no existing building, defined as those depicted on
above unrestricted use standards or screening levels as reported in the Environmental Reports in
Exhibit C to the Notice. The land use restrictions below have been excerpted verbatim from paragraph 13 of the
the plat component of the Notice of Brownfields Property referenced in paragraph 17 below, may be occupied until DEQ
paragraph 4 of the Brownfields Agreement to which this is an exhibit, the maximum
Brownfields Agreement, and all paragraph letters/numbers are the same as those used in the Brownfields Agreement.
determines in writing that:
concentration found at each sample location, and the applicable standard or screening level.
The following Land Use Restrictions are hereby imposed on the Brownfields Property and shall remain in force in
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
Screening levels and standards are shown for reference only and are not set forth as cleanup or
perpetuity unless canceled by the Secretary of the North Carolina Department of Environmental Quality (or its
assessment data, or a site -specific risk assessment approved in writing by DEQ; or
mitigation levels for purposes of this Agreement,
successor in function), or his/her designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e):
ii.
a vapor intrusion mitigation system (VIMS) has been:
13. By way of the Notice of Brownfields Property referenced below in paragraph 17, Prospective Developer shall impose the
GROUNDWATER
following land use restrictions under the Act, running with the land, to make the Brownfields Property suitable for the uses
1. designed to mitigate the intrusion of subsurface vapors into building features in accordance with the most recent
specified in this Agreement while full protecting public health and the environment instead of remediation to unrestricted use
p g Y p g p
and applicable DWM Vapor Intrusion Guidance Interstate Technology &Regulatory Council (iTRC) guidance
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
standards. All references to DE shall be understood to include an successor in function.
Q Y
and American National Standards Institute (ANSI}/American Association of Radon Scientists and Technologists
the standards for which are contained in Title 15A of the North Carolina Administrative Code,
(AARST) standards, and that a professional engineer licensed in North Carolina, as evidenced by said engineer's
Subchapter 2L (2L), Rule .0202, or the 2L Groundwater Interim Maximum Allowable
professional seal, is satisfied that the design is fully protective of public health, and shall include a performance
concentrations (IMACS) (April 1, 2022 version):
a.
Land Uses
monitoring plan detailing methodologies and schedule, both of which are subject to prior written DEQ approval;
No use may be made of the Brownfields Property other than for a hotel, associated parking, dry extended detention basin, and
and
Maximum
subject to DEQ prior written approval, other commercial uses. These land uses and their definitions below apply solely for
2. installed and an installation report is submitted for written DEQ approval that includes as -built diagrams,
Groundwater
Sample
Date of
Concentration
Standard
purposes of this agreement, and do not waive any local zoning, rule, regulation, or permit requirements:
photographs, and a description of the installation, with said engineer's professional seal confirming that the
Contaminant
Location
Sampling
Exceeding
(} tg/L)
i.
Hotel is defined as the provision of overnight lodging to paying customers and associated food and beverage services, gym,
engineer is satisfied that the system was installed per the DEQ approved design. If any deviations from the system
Standard g/L
reservation cleaning,utilities swimming pool, meeting facilities, parkin and onsite hospitality,mana ement and reception
g p � g g g P
design were necessary during installation, then the report shall include details on said deviations, as well as the
Chromium
TW-1
1I3012020
14.2
10
services;
engineer's seal certifying the VIMS, as installed, was installed in such a manner so as to be fully protective of
Methyl Chloride
ii.
Parking is defined as the temporary accommodation of motor vehicles in an area designed for same;
public health.
Chloromethane
TW-2
1/30/2020
] 76
5
iii.
Dry Extended Detention Basin is defined as a basin that temporarily stores incoming storrnwater, trapping suspended
TW-2
1/30/2020
21.7
pollutants, and reducing the peak discharge from the site; and
h.
Surface Water
MW-1
9/30/2020
5.3
0.7
iv.
Commercial is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
Surface water at the Brownfields Property may not be used for any purpose, other than in connection with legally compliant
Tetrachloroethylene
MW-5
9/30/2020
19
stormwater collection and reuse techniques, without the prior written approval of DEQ.
M W-6
9/30/2020
4.6
S-2
12/2i2020
1.4
b.
Specific Prohibitions
i.
The Brownfields Property may not be used for childcare centers,, adult care centers, or schools without the prior written
i.
Property Access
EXTERIOR SOIL GAS
approval of DEQ.
Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields Property at the direction
ii.
The Brownfields Property may not be used for residential use without the prior written approval of DE
p rtY Y p pp Q.
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
.
Exterior soil gas contaminants to micrograms per cubic meter, the screening levels for
iii.
The Brownfields Property may not be used for dry cleaning operations using chlorinated solvents.
minimize interference with authorized uses of the Brownfields Property.
which are contained in the Division of Waste Management Risk Calculator, Non -Residential
Vapor Intrusion Screening Levels (VISLs) ( July 2022 version):
C.
Environmental Management Plan
Abandonment of Monitoring Wells
Non -
Physical redevelopment of the Brownfields Property may not occur other than in accordance, as determined by DEQ, with an
Within 60 days after the effective date of this Agreement or prior to land disturbance activities, whichever occurs first,
Soil Gas Contaminant
Sample
Date of
Exceeding
Residential
Screening
EMP approved in writing b DE in advance and revised to DEQ's written satisfaction prior to each subsequent
pp g Y Q � Q P q
Prospective Developer shall abandon all monitoring wells, injection wells, recovery wells, piezometers and other manmade
Location
Sampling
Screening
Level 1
redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment activities at the
points of groundwater access at the Brownfields Property, in accordance with Subchapter 2C of Title 15A of the North
Level (µg/m3 )
Or 3)
Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may
Carolina Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days after doing so, the
arise from use of the Brownfields Property during construction or redevelopment in any other form, including without
Prospective Developer shall provide DEQ a report, setting forth the procedures and results.
Acetone
SG-5
1/25/2022
20
NSE
limitation:
SG-1
1/25/2022
24
i.
demolition of existing buildings, if applicable;
lc.
Damage Wells
SG-2/Du
1/25/2022
23/73
to
Ethanol
SG-3
1/25/2022
14
NSE
ii.
issues related to known or potential sources of contamination, including without limitation those resulting from
Except for the work related to subparagraph 13 j. above, the owner of any portion of the Brownfields Property where any
SG-4
1/25/2022
21
contamination identified in paragraph 3 above;
existing,or subsequently installed DEQ-approved monitorin well is damaged b the owner, its contractors or its tenants, the
q Y� �g g Y
SG-5
1/25/2022
23
iii.
contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered
owner shall be responsible for repair of any such wells to DEQ's written satisfaction and within a time period acceptable to
Screening levels displayed
for non -carcinogens are for a hazard quotient equal to 0.2, Screening levels
potential sources of environmental contamination (e.g., underground storage tanks [USTs], tanks, drums, septic drain fields,
DEQ, unless compliance with this Land Use Restriction is waived in writing by DEQ in advance.
displayed for carcinogens are for a 12.0E-6 lifetime incremental cancer risk.
oil -water separators, soil contamination); and
NSE — No screening level established,
iv.
plans for the proper characterization and DEQ approval of both fill soil before import to the Brownfields Property and the
1.
Notification of Tenants
disposition of all soil excavated from the Brownfields Property during redevelopment.
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
d.
Redevelopment Summary Report
Cumberland County land records, Book , Page ." A copy of any such instrument shall be sent to the persons
Within 90 days after each one-year anniversary of the effective date of this Agreement for as long as physical redevelopment
Jisted in Section XVII (Notices and Submissions), though financial figures and other confidential information related to the
of the Brownfields Property continues (except that the final deadline shall fall 90 days after the conclusion of physical
conveyance may be redacted to the extent said redactions comply with the confidentiality and trade secret provisions of .the
— far the purposes of N.GG.S. 130A-310.35
redevelopment), the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval on
North Carolina Public Records Law. The owner may use the following mechanisms to comply with the obligations of thisiv
a ha a
environment -related activities since the last report, with a summary and drawings, that describes:
paragraph: (i) If every lease and rider is identical in form, the owner conveying an interest may provide DEQ with copies of
i.
actions taken on the Brownfields Property in accordance with Section VI: Work to be Performed above;
a form lease or rider evidencing compliance with this subparagraph, in lieu of sending copies of actual, executed leases, to
Micha l E. Scott; Director Date
the persons listed in Section XVII (Notices and Submissions); or (ii) The owner: conveying an interest may provide abstracts
Division of Waste, Management
ii.
soil grading and cut and fill actions;
of leases, rather than full copies of said leases, to the persons listed in Section XVII.
State of North Carolina
iii.
methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media;
County of Wake
iv.
stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil,
m.
Separating Old from New Contamination
groundwater, or other materials suspected or confirmed to be contaminated with regulated substances; and
None of the contaminants known to be present in the environmental, media at the Brownfields Property, as described in
v.
removal of any contaminated soil, water, or other contaminated materials (for example, concrete, demolition debris) from the
Exhibit 2 of this Agreement, and as modified by DEQ in writing if additional contaminants in excess of applicable standards
Brownfields Property (copies of all legally required manifests shall be included).
are discovered at the Brownfields Property, may be used or stored at the Brownfields Property without the prior written
approval of DEQ, except:
e.
Groundwater
i.
in de mininis quantities for cleaning and other routine housekeeping and maintenance activities; or
Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ along
ii.
as fuel or other fluids customarily used in vehicles, landscaping equipment and emergency generators.
with any measures DEQ deems necessary to ensure that the Brownfields Property will be suitable for the uses specified in
subparagraph 13.a. above while fully protecting public health and the environment. Should groundwater be encountered or
n.
Land Use Restriction Update
exposed during any activity on the Brownfields Property, it shall be managed in accordance with the DEQ-approved EMP
outlined in subparagraph 13.c., or a plan approved in writing in advance by DEQ.
During January of each year after the year in which the Notice referenced below in paragraph 17 is recorded, the owner of
any part of the Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update
("LURU") to DEQ, and to the chief public health and environmental officials of Cumberland County, certifying that, as of
f.
Soil
said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the
i.
No activity that disturbs soil on the Brownfields Property, may occur unless and until DEQ states in writing, in advance of
Cumberland County Register of Deeds office and that the land use restrictions are being complied with. If the property is
the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the
transferred, the grantor shall submit a LURU (as outlined above) which covers the period of time they owned the property.
Brownfields Property will be suitable for the uses specified in subparagraph 13.a. above while fully protecting public health
The submitted LURU shall state the following:
and the environment, except:
i.
the Brownfields Property address, and the name, mailing address, telephone number, and contact person's e-mail address of
1. in connection with landscape planting to depths not exceeding 24 inches;
the owner, or board, association or approved entity, submitting the LURU if said owner, or each of the owners on whose
2. mowing and pruning of aboveground vegetation;
behalf a joint LURU is submitted, acquired any part of the Brownfields Property during the previous calendar year; and
3. for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in
ii.
the transferee's name, mailing address, telephone number, and contact person's e-mail address, if said owner, or each of the
advance of a scheduled repair if only b email of an such repair, or in emergency circumstances no later than the
P (� Y Y ) Y P� g Y
owners on whose behalf a joint LURU is submitted, transferred any part of the Brownfields Property during the previous
�-r��r� 01= niOr�T1-� cf�f�ot_fr1f�
,
�ouNT�r o1= ctJr�n���t�G4o
next business day, and that any related assessment and remedial measures required by DEQ shall be taken; and
calendar year.
1,; Rr:view Officer
of Cumberland C,'c,unty. certify that the n:ap
or pQIii lio which this cerfl icr=a is affixed
rr c:,;ts all statutory requirements for recording,
w cn
w r:
Z0
it
ZCO
�z
53g
o °a
U
U
E
2.2.
oroto
co
c
O
N
CU
.0
C)
N
0
0
U
co
ti
i
ca
Co
C�
=
�U�
Q
U
E
o
O
2
M
U
06
.5
o"
W
Ri
CAr�
Ze ° 7
no CHAO & oZ=
=rn3 ASSOCIATES op
No. C-342696
01_�
°N?;
�!!!1fl,kiklkll4451
1--
V_
�
W
W
W
U
W
C�
0
[
1_
1
>
W
Ir
tV
a_CD
O
p
a-
UU)
N
-0
W
1�
W
Wm
U
W
o
zZ
Q
0
2
W
z
4-
�
WW=�
I-1—
LU
.
00��
�"
�
C:
o
LL
�W
20-)00
OJJZQQO>_Z
WWpz�1...J
MEEW
�vi-j
mZZLU
OCI
=oo�'z"=2
X
WI
00
CC\l
U-)0tLZU
n
r!
U
�
.mac
U
o
m
�
C)
Cn
r~
CV
=
2
c(i
0
{�
rn
o
z
c
C
cy
W
o
O
IY LL.
0..
2.OF 2
Sheet Number
1 /27/2022
Date
L.