23071_Vega Metals_PCPKG_20230413

Vega Metals/23071-19-032/20230412

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NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Vega Metals Brownfields Project Number: 23071-19-032 North Carolina’s Brownfields Property Reuse Act (the “Act”), North Carolina General Statutes (“NCGS”)
§ 130A-310.30 through 130A-310.40, provides for the safe redevelopment of abandoned, idled, or underused
properties at which expansion or redevelopment is hindered by actual or potential environmental contamination.
One of the Act’s requirements is the submittal of this Notice of Intent to Redevelop a Brownfields Property (“NI”)
that has been approved by the North Carolina Department of Environmental Quality (“DEQ”) for public notification
purposes as per NCGS § 130A-310.34(a). The NI shall provide, to the extent known, a legal description of the location
of the Brownfields Property, a map showing the location of the Brownfields Property, a description of the
contaminants involved and their concentrations in the media of the Brownfields Property, a description of the
intended future use of the Brownfields Property, any proposed investigation and remediation, and a proposed Notice
of Brownfields Property (“NBP”) prepared in accordance with NCGS § 130A-310.35. The proposed NBP for a
particular brownfields project is attached hereto. The proposed NBP includes the proposed Brownfields Agreement,
which is attached as Exhibit A, and the other required elements of this NI. A Summary of this Notice of Intent
(“SNI”) shall include a statement as to the public availability of the full NI. The party (“Prospective Developer”)
who desires to enter into a Brownfields Agreement with DEQ must provide a full copy of this NI to all local
governments having jurisdiction over the Brownfields Property.
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as
the day after which all of the following public notice tasks have occurred: the date the required SNI is: (1) published
in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2) conspicuously
posted at the Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written public comments may be submitted to DEQ within 30 days after the public comment
period begins. Written requests for a public meeting may be submitted to DEQ within 21 days after the public
comment period begins. These periods will start no sooner than April 15, 2023, 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 Redevelopment Section Chief Division of Waste Management NC Department of Environmental Quality 1646 Mail Service Center Raleigh, North Carolina 27699-1646

23071-19-032/Vega Metals/20230412

SUMMARY OF NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY Brownfields Property Name: Vega Metals Brownfields Project Number: 23071-19-032 Pursuant to the North Carolina Brownfields Property Reuse Act (the “Act”) authorized by North Carolina General
Statutes (NCGS) § 130A-310.30 through 130A-310.40, and specifically pursuant to NCGS § 130A-310.34, Lambert
Development Hunt Street II, 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 214 and 216 Hunt Street Durham, Durham County. The Brownfields Property, which is the former site of Vega Metals,
consists of 0.607 acres. Environmental contamination exists on the Brownfields Property in soil groundwater, and sub-slab
vapor. Lambert Development Hunt Street II, LLC has committed itself to redevelop the Brownfields Property for no uses
other than office, retail, restaurant, high-density residential, associated parking, and subject to DEQ’s prior written approval,
other commercial uses. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields
Agreement between DEQ and Lambert Development Hunt Street II, 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 Durham County Main Library,
300 N. Roxboro Street, Durham, NC by contacting the Business/Reference Desk, Main Branch, Fourth Floor at
[phone]; or at the offices of the N.C. Brownfields Redevelopment Section, 217 West Jones Street, Raleigh,
NC or by contacting Shirley Liggins at that address, at [e-mail], 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 23071-19-032 into the search bar at the following web address:
https://edocs.deq.nc.gov/WasteManagement/

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 April 15, 2023, 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:
Bruce Nicholson, Chief Brownfields Redevelopment Section Division of Waste Management NC Department of Environmental Quality 1646 Mail Service Center Raleigh, North Carolina 27699-1646

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Property Owner: Lambert Development Hunt Street II, LLC Recorded in Book ____, Page ____
Associated plat recorded in Plat Book ____, Page ____ NOTICE OF BROWNFIELDS PROPERTY Brownfields Property Name: Vega Metals Brownfields Project Number: 23071‐19‐032 This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat component, have been filed this _____ day of __________________, 2023 by Lambert Development Hunt Street II, 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 214 and 216 Hunt Street, Durham, Durham County. Lambert Development Hunt Street II, LLC intends to develop the 0.607 acre Brownfields Property for office, retail, restaurant, high-density residential, associated parking, and subject to DEQ’s
prior written approval, other commercial uses. Historically, this Brownfields Property has been

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used by the following entities: designers and manufacturers of metal art and furnishings, an auto repair facility, a car rental company, and a taxicab company.
The Brownfields Agreement between Prospective Developer and DEQ is attached hereto as Exhibit A. It is required by NCGS § 130A-310.32 and sets forth the use that may be made of the Brownfields Property and the measures to be taken to protect public health and the environment. The Brownfields Agreement’s Exhibit 2 consists of one or more data
tables reflecting the concentrations of and other information regarding the Brownfields Property’s regulated substances and contaminants. Attached as Exhibit B to this Notice is a reduction, to 8.5 inches x 11 inches, of the survey plat component of this Notice. This plat shows areas designated by DEQ, has been prepared and
certified by a professional land surveyor, meets the requirements of NCGS § 47-30, and complies
with NCGS § 130A-310.35(a)’s requirement that the Notice identify: (1) The location and dimensions of the areas of potential environmental concern with respect to permanently surveyed benchmarks.
(2) The type, location and quantity of regulated substances and contaminants known to
exist on the Brownfields Property. Attached hereto as Exhibit C is a legal description of the Brownfields Property that would be sufficient as a description of the property in an instrument of conveyance.
LAND USE RESTRICTIONS NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the current and future use of the Brownfields Property that are necessary or useful to maintain the
level of protection appropriate for the designated current or future use of the Brownfields Property
and that are designated in the Brownfields Agreement. The restrictions shall remain in force in perpetuity unless canceled by the Secretary of DEQ (or its successor in function), or his/her designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e). All references to DEQ shall be understood to include any successor in function.
The land use restrictions below have been excerpted verbatim from paragraph 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:
Land Uses a. No use may be made of the Brownfields Property other than for office, retail, restaurant, high-density residential, associated parking, and subject to DEQ’s prior written approval, other commercial uses. These land uses and their definitions below apply solely for purposes of this
agreement, and do not waive any local zoning, rule, regulation, or permit requirements:

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i. “Office” is defined as a place where business or professional services are provided.
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. “Restaurant” is defined as a commercial business establishment that prepares and
serves food and beverages, including alcoholic beverages under all applicable local, state, and federal regulations, to patrons. iv. “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.
v. “Parking” is defined as the temporary accommodation of motor vehicles in an area designed for same.
vi. “Commercial” is defined as an enterprise carried on for profit or nonprofit by the
owner, lessee or licensee, with the exception of educational space and childcare facilities. Specific Prohibitions b. The Brownfields Property may not be used for childcare centers, adult care centers, or
schools without the prior written approval of DEQ.
Environmental Management Plan c. Physical redevelopment of the Brownfields Property may not occur other than in 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;

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iii. contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental contamination (e.g., USTs,
tanks, drums, septic drain fields, oil-water separators, soil contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil before import to the Brownfields Property and the disposition of all soil excavated from the Brownfields Property during redevelopment.
Redevelopment Summary Report d. Within 90 days after each one-year anniversary of the effective date of this Agreement for as long as physical redevelopment of the Brownfields Property continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the
Brownfields Property shall provide DEQ a report subject to written DEQ approval on
environment-related activities since the last report, with a summary and drawings, that describes: i. actions taken on the Brownfields Property in accordance with Section VI: Work to be Performed above; ii. soil grading and cut and fill actions; iii. methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media; iv. stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil, groundwater, or other materials suspected or confirmed to be
contaminated with regulated substances; and v. removal of any contaminated soil, water, or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all legally required manifests shall be included). Groundwater e. Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ along with any measures DEQ deems necessary to ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 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.c., or a plan approved in writing in advance by DEQ.
Soil
f. 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

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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.c. above.
g. Unless otherwise approved by DEQ in writing, no use of the Brownfields Property may occur until the then owner of the Brownfields Property conducts representative final grade soil sampling, pursuant to a plan approved in writing by DEQ, of any area that is not covered by
building foundations, sidewalks, or asphaltic or concrete parking areas and driveways of the
Brownfields Property as delineated on the plat component of the Notice of Brownfields Property referenced in paragraph 16 of this Agreement. h. Soil may not be removed from, or brought onto, the Brownfields Property without prior
sampling and analysis to DEQ’s satisfaction and the written approval of DEQ, unless conducted
in accordance with an approved EMP as outlined in subparagraph 12.c. Vapor Intrusion i. No enclosed building may be constructed on the Brownfields Property and no existing
building, defined as those depicted on the plat component of the Notice of Brownfields Property
referenced in paragraph 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

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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
j. 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 k. The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants,
the owner shall be responsible for repair of any such wells to DEQ’s written satisfaction and
within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by DEQ in advance. Notification of Tenants
l. Any deed or other instrument conveying an interest in the Brownfields Property shall
contain the following notice: “This property is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Durham County land records, Book _______________________, Page ___________________.” A copy of any such instrument shall be sent to the persons listed in Section XVII (Notices and Submissions), though
financial figures and other confidential information related to the conveyance may be redacted to
the extent said redactions comply with the confidentiality and trade secret provisions of the North Carolina Public Records Law. The owner may use the following mechanisms to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form, the owner conveying an interest may provide DEQ with copies of a form lease or rider evidencing
compliance with this subparagraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XVII (Notices and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XVII.
Separating Old from New Contamination
m. None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in Exhibit 2 of this Agreement, and as modified by DEQ in writing if additional contaminants in excess of applicable standards are discovered at the Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:

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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;
iii. as constituents of products and materials customarily used and stored in office,
retail, restaurant, high-density residential, associated parking, and subject to DEQ’s prior written approval, other commercial 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
n. 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 Durham County, certifying that, as of said
January 1st, the Notice of Brownfields Property containing these land use restrictions remains
recorded at the Durham County Register of Deeds office and that the land use restrictions are being complied with. If the property is transferred, the grantor shall submit a LURU (as outlined above) which covers the period of time they owned the property. The submitted LURU shall state the following:

i. the Brownfields Property address, and the name, mailing address, telephone number, and contact person’s e-mail address of the owner, or board, association or approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a joint LURU is submitted, acquired any part of the Brownfields Property during the previous calendar year;

ii. the transferee’s name, mailing address, telephone number, and contact person’s e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is submitted, transferred any part of the Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph
12.i. above are performing as designed, and whether the uses of the ground floors, including any tenant renovations, of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how, and under which precautions so as not to interfere with the operation of said system.

iv. A joint LURU may be submitted for multiple owners by a duly constituted board or association and shall include the Brownfields Property address, and the name, mailing address, telephone number, and contact person’s e-mail address of the entity submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is submitted.

v. A LURU submitted for rental units shall include enough of each lease entered into during the previous calendar year to demonstrate compliance with lessee notification

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requirements in paragraphs 17 and 18 of this agreement provided that if standard form leases are used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual
leases.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ Brownfields Property Management Branch 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. 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.

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IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly executed this _____ day of _______________, 20___.

Lambert Development Hunt Street II, LLC By: __________________________________________
Henry A. Lambert
Managing Member NORTH CAROLINA _______________ COUNTY

I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ________________________________.
Date: ___________________ ___________________________________
Official Signature of Notary
___________________________________ (Official Seal) Notary’s printed or typed name, Notary Public My commission expires: _____________________

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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

By: _________________________________________ ________________________ Bruce Nicholson, Chief Date Brownfields Redevelopment Section

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EXHIBIT A

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: Lambert Development Hunt Street II, LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Vega Metals OF 1997, NCGS § 130A-310.30, et seq. ) 214 & 216 Hunt Street Brownfields Project No. 23071‐19‐032 ) Durham, Durham County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and Lambert Development Hunt Street II, LLC
(collectively the "Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS §
130A-310.30, et seq. (the “Act”) for the property located at 214 and 216 Hunt Street, Durham,
Durham County (the “Brownfields Property”). A map showing the location of the Brownfields
Property that is the subject of this Agreement is attached hereto as Exhibit 1.
The Prospective Developer is Lambert Development Hunt Street II, LLC, a limited
liability real estate development company, headquartered at 421 8th Avenue, Suite 852, New
York, New York 10116. Its managing member is Henry A. Lambert 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 Lambert Development Hunt Street II, LLC for contaminants at the

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Brownfields Property.
The Parties agree that Lambert Development Hunt Street II, LLC’s entry into this
Agreement, and the actions undertaken by Lambert Development Hunt Street II, LLC in
accordance with the Agreement, do not constitute an admission of any liability by Lambert
Development Hunt Street II, LLC for contaminants at the Brownfields Property. The resolution
of this potential liability, in exchange for the benefit Lambert Development Hunt Street II, 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 Lambert Development Hunt Street II, LLC.
III. BROWNFIELDS PROPERTY INFORMATION SUMMARY
3. Relevant information about the history, ownership, and uses of the Brownfields
Property is provided in the following summary table. Refer to the Exhibit 2 to this Agreement
that presents data table(s) of the contaminants present at the Brownfields Property at
concentrations above their applicable standards or screening levels for each media sampled.
BROWNFIELDS PROPERTY INFORMATION SUMMARY
Parcel Address(es) & Parcel IDs 214 and 216 Hunt Street, Parcel IDs: 104937 and 104934, respectively

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BROWNFIELDS PROPERTY INFORMATION SUMMARY
Acreage 0.607
Current Property Owner Lambert Development Hunt Street II, LLC
Current Land Use(s) Formerly industrial, but with new construction of commercial and residential building.
Site Vicinity Land Use(s) Public park with woods, multi-family residential development, businesses, police station, school, parking lot, and senior center
Proposed Reuse(s) Office, retail, restaurant, high-density residential, associated parking, and subject to DEQ’s prior written approval, other commercial uses.
Public Benefits of Reuse
An increase in the Brownfield Property’s productivity, a spur to additional community investment and redevelopment; the creation of construction jobs and
permanent jobs; increase in tax base; increased housing; reduction in urban sprawl.
Existing Land Use
Restrictions Prior to Brownfields Agreement None

ENVIRONMENTAL INFORMATION SUMMARY
Historical Operations & Contaminant Sources Designers and manufacturers of metal art and furnishings, auto repair facility, car rental company, taxicab company.
Current Operations/Activities Single six-story building containing residential condominium units with first floor retail and an underground parking structure
Contaminated Media
Soil: Arsenic and hexavalent chromium were detected above their respective Residential Preliminary Soil Remediation Goals (PSRG) at several locations in the soil that remains on
the Brownfields Property after construction activities were completed. Groundwater: Total chromium was detected just above its NC 2L Groundwater Quality Standards in one well.
Exterior Soil Gas: No exterior soil gas samples were collected during the assessment phase. Sub-Slab Soil Vapor: No sub-slab vapor samples were
collected during the assessment phase, but confirmatory pre-occupancy sub-slab vapor samples were collected on March

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ENVIRONMENTAL INFORMATION SUMMARY
23, 2023.
Indoor Air: No indoor air samples were collected during the assessment phase.
Surface water/Sediment: There are no surface water bodies
nor sediment sources at the Brownfields Property.
ID Numbers/Permits
Two gasoline underground storage tanks (USTs) (1 - 1,500-gallon and 1 – 7,620 gallon) registered under Broadway Taxi Company (214 Hunt Street) had been installed in 1955 and removed in December 1988. There were no reported releases associated with the tanks and no regulatory incident number
was assigned to these USTs. One closed-in-place UST in the eastern area of the former manufacturing building was removed from the site as part of the redevelopment efforts in 2021. No on-site residual soil
contamination was noted as a result of this UST removal. Inactive Hazardous Site Branch (NONCD0003096)
Onsite Receptors Considered Future residents, on-site workers, construction workers, visitors, pets, and recreators/trespassers
Potential Offsite Receptors
Considered

i. Water supply wells: No water supply wells were identified within 1,500 feet of the property. ii. Residential structures, churches, or childcare centers: Within a quarter mile radius of the
Brownfields Project there is multi-family residential development to the north of the site, a school to the east of the site, and a park to the north and west of the site. A childcare facility is located south of the Brownfields Property.
iii. Surface water: None on property.
Potential offsite migration
pathways None known

4. Environmental reports regarding the Brownfields Property referred to hereinafter as

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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
Phase I Environmental Site Assessment S&ME, Inc. April 26, 2018
Limited Soil and Groundwater Sampling S&ME, Inc. May 1, 2018
Soil & Groundwater Investigation WithersRavenel, Inc. May 20, 2020 Brownfields Property Receptor Survey WithersRavenel, Inc. June 30, 2020
Environmental Management Plan Implementation Report WithersRavenel, Inc. February 22, 2022
Vapor Intrusion Mitigation System Design WithersRavenel, Inc. November 11, 2022
Sub‐Slab Vapor Assessment Results WithersRavenel, Inc. April 11, 2023

b. Other applicable off-site reports:
Title Prepared by Date of Report
Phase 1 Limited Site Assessment Report, 502 Rigsbee Avenue, Tire King Mid-Atlantic Associates, Inc. September 8, 2010

IV. PROSPECTIVE DEVELOPER’S INVOLVEMENT
5. For purposes of this Agreement DEQ relies on Prospective Developer’s
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (BPA) dated November 21, 2019,
preparing, submitting, and complying with the Environmental Management Plan dated
November 4, 2020, and the following:
a. On May 30, 2019, Prospective Developer purchased both parcels of the
Brownfields Property, 214 Hunt Street and 216 Hunt Street.

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b. In February 2020, Prospective Developer commenced building demolition,
removing above ground portions of the former onsite building prior to redevelopment activities.
c. In April 2021, Prospective Developer commenced vertical construction
activities.
d. Between April and November 2021, 195.45 tons of arsenic- and lead-impacted
soils, 56.88 tons of petroleum impacted concrete, and 989.37 tons of petroleum impacted soil
were removed from the Brownfields Property and disposed of at permitted offsite facilities under
a DEQ-approved Environmental Management Plan (EMP) that is required by subparagraph 12.c.
below.
e. Between July 9, 2021, and October 28, 2021, Prospective Developer removed
from the Brownfields Property and disposed of 2,786.98 tons of geotechnically unsuitable soils,
under a DEQ-approved EMP that is required by subparagraph 12.c. below.
f. Between July 15, 2021, and November 18, 2021, Prospective Developer
disposed of approximately 14,274 tons of inert soils and construction debris under a DEQ-
approved EMP that is required by subparagraph 12.c. below.
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-

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310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial, and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
7. The Parties agree that a $30,000 “Redevelopment Now” fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a
change is sought to a Brownfields document after it is in effect, in which case there shall be an
additional fee of at least $1,000.
V. BENEFIT TO COMMUNITY
8. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:

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a. an increase in the Brownfields Property’s productivity;
b. the creation of 350 jobs during construction, and 25 full-time jobs after
redevelopment is completed;
c. an increase in tax revenue for affected jurisdictions;
d. additional office, retail, restaurant, high-density residential, associated parking,
and subject to DEQ’s prior written approval, other commercial uses for the area;
e. expanded use of public transportation which reduces traffic, improves air
quality, and reduces our carbon footprint; and
f. “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 Redevelopment Section requirements, and remedial
or mitigation measures):
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund
Section;
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Redevelopment Section Assessment Work Plan Checklist; and
d. the Brownfields Survey Plat Checklist.
10. In redeveloping the Brownfields Property, Prospective Developer shall make

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reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) credit categories incorporated into the U.S. Green Building Council
Leadership in Energy and Environmental Design (LEED) certification program (Integrative
Process, Location and Transportation, Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Innovation, and Regional
Priority), or a similar program.
11. Based on the information in the Environmental Reports, other available reports, and
subject to imposition of and compliance with the land use restrictions set forth below, and
subject to Section XI of this Agreement (DEQ’s Covenant Not to Sue and Reservation of
Rights), DEQ is not requiring Prospective Developer to perform any active remediation at the
Brownfields Property other than remediation that may be required pursuant to a DEQ-approved
Environmental Management Plan as specified in subparagraph 12.c. 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. 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 office, retail,

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restaurant, high-density residential, associated parking, and subject to DEQ’s prior written
approval, other commercial uses. These land uses and their definitions below apply solely for
purposes of this agreement, and do not waive any local zoning, rule, regulation, or permit
requirements:
i. “Office” is defined as a place where business or professional services
are provided.
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. “Restaurant” is defined as a commercial business establishment that
prepares and serves food and beverages, including alcoholic beverages under all applicable local,
state, and federal regulations, to patrons.
iv. “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.
v. “Parking” is defined as the temporary accommodation of motor vehicles

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in an area designed for same.
vi. “Commercial” is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee, with the exception of educational space and childcare
facilities.
Specific Prohibitions
b. The Brownfields Property may not be used for childcare centers, adult care
centers, or schools without the prior written approval of DEQ.
Environmental Management Plan
c. Physical redevelopment of the Brownfields Property may not occur other than
in 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;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental

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contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil
contamination); and
vi. plans for the proper characterization and DEQ approval of both fill
soil before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment.
Redevelopment Summary Report
d. Within 90 days after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues (except
that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then
owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval
on environment-related activities since the last report, with a summary and drawings, that
describes:
i. actions taken on the Brownfields Property in accordance with Section
VI: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater, or other materials
suspected or confirmed to be contaminated with regulated substances; and

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v. removal of any contaminated soil, water, or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
Groundwater
e. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 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.c., or a plan approved in
writing in advance by DEQ.
Soil
f. 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

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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.c. above.
g. Unless otherwise approved by DEQ in writing, no use of the Brownfields
Property may occur until the then owner of the Brownfields Property conducts representative
final grade soil sampling, pursuant to a plan approved in writing by DEQ, of any area that is not
covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways
of the Brownfields Property as delineated on the plat component of the Notice of Brownfields
Property referenced in paragraph 16 of this Agreement.
h. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined in subparagraph 12.c.
Vapor Intrusion
i. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 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
j. 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

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reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
Damage to Wells
k. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants, the owner shall be responsible for repair of any such wells to DEQ’s written
satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use
Restriction is waived in writing by DEQ in advance.
Notification of Tenants
l. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: “This property is subject to the Brownfields Agreement attached
as Exhibit A to the Notice of Brownfields Property recorded in the Durham County land records,
Book _______________________, Page ___________________.” A copy of any such instrument
shall be sent to the persons listed in Section XVII (Notices and Submissions), though financial
figures and other confidential information related to the conveyance may be redacted to the extent
said redactions comply with the confidentiality and trade secret provisions of the North Carolina
Public Records Law. The owner may use the following mechanisms to comply with the
obligations of this paragraph: (i) If every lease and rider is identical in form, the owner conveying
an interest may provide DEQ with copies of a form lease or rider evidencing compliance with this
subparagraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section
XVII (Notices and Submissions); or (ii) The owner conveying an interest may provide abstracts of
leases, rather than full copies of said leases, to the persons listed in Section XVII.

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Separating Old from New Contamination
m. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement, and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior written
approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as constituents of 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;
iii. as constituents of products and materials customarily used and stored in
office, retail, restaurant, high-density residential, associated parking, and subject to DEQ’s prior
written approval, other commercial 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
n. 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 Durham County, certifying that, as of said
January 1st, the Notice of Brownfields Property containing these land use restrictions remains

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recorded at the Durham County Register of Deeds office and that the land use restrictions are being
complied with. If the property is transferred, the grantor shall submit a LURU (as outlined above)
which covers the period of time they owned the property. The submitted LURU shall state the
following:
i. the Brownfields Property address, and the name, mailing address,
telephone number, and contact person’s e-mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a joint
LURU is submitted, acquired any part of the Brownfields Property during the previous calendar
year;
ii. the transferee’s name, mailing address, telephone number, and contact
person’s e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 12.i. above are performing as designed, and whether the uses of the ground floors,
including any tenant renovations, of any buildings containing such vapor barrier and/or mitigation
systems have changed, and, if so, how, and under which precautions so as not to interfere with the
operation of said system.
iv. A 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.

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v. A LURU submitted for rental units shall include enough of each lease
entered into during the previous calendar year to demonstrate compliance with lessee notification
requirements in paragraphs 17 and 18 of this agreement provided that if standard form leases are
used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual
leases.
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.j. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to

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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 VII (Land Use Restrictions) of this Agreement and a survey plat of the
Brownfields Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date
of this Agreement, Prospective Developer shall file the Notice in the Durham 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
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Durham
County land records, Book ________________________, Page _______________________.”

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A copy of any such instrument shall be sent to the persons listed in Section XVII (Notices and
Submissions), though financial figures and other confidential information related to the
conveyance may be redacted to the extent said redactions comply with the confidentiality and
trade secret provisions of the North Carolina Public Records Law. Prospective Developer may
use the following mechanisms to comply with the obligations of this paragraph: (i) If every lease
and rider is identical in form, Prospective Developer may provide DEQ with copies of a form
lease or rider evidencing compliance with this paragraph, in lieu of sending copies of actual,
executed leases, to the persons listed in Section XVII (Notices and Submissions); or (ii)
Prospective Developer may provide abstracts of leases, rather than full copies of said leases, to
the persons listed in Section XVII.
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
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

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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 31.a. 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 November 21, 2019, by which it applied for this
Agreement. That use is that which is provided in subparagraph 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,
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.

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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
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

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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 seq.
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

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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
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

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§ 130A-310.37.
28. Except for the land use restrictions set forth in paragraph 12 above and NCGS §
130A-310.33(a)(1)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XV. DOCUMENT RETENTION
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
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

27

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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 Redevelopment Section
Mail Service Center 1646 Raleigh, NC 27699-1646 b. for Prospective Developer:

Henry Lambert (or successor in function) Lambert Development Hunt Street II, LLC 421 8th Avenue, Suite 852 New York, NY 10116

Notices and submissions sent by prepaid first-class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording

28

Vega Metals/23071-19-032/20230412

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 VIII
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XX. CONTRIBUTION PROTECTION
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

29

Vega Metals/23071-19-032/20230412

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
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:

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Vega Metals/23071-19-032/20230412

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
_________________________________________________________________________ Bruce Nicholson Date
Chief, Brownfields Redevelopment Section IT IS SO AGREED:
LAMBERT DEVELOPMENT HUNT STREET II, LLC By: ____________________________________________________________________________ Henry A. Lambert Date Managing Member
DCV
GMJ
DRAWN BY:
01/26/23 02191245.00
1
SCALE:FIGURE NO.:
PROJECT NO.:DATE:APPROVED BY:
THE VEGA
214 & 216 HUNT STDURHAM, DURHAM COUNTY, NC
GENERAL LOCATION MAP
1"=1000 '
GRAPHIC SCALE
1 inch = 1000 ft.
0 1000500 2000
WithersRavenel
Engineers | Planners | Surveyors
115 MacKenan Drive | Cary, NC 27511 | t: 919.469.3340 | license #: F-1479www.withersravenel.com
SUBJECT SITE
± 0.607 ACRES
K:\19\19-1240\191245-Lambert Development - Vega Metals\Enviro\Background and Proposal\2023.01-VIMS_Pressure Test and Sampling\VEGA_BASE-VAPOR_SAMPLING.dwg- January 26, 2023 - DVAIL
EXHIBIT 1

Vega Metals/23071-19-032/20230412

1
Exhibit 2
Brownfields Property Name: Vega Metals
Brownfields Project Number: 23071-19-032 The following tables set forth, for contaminants present at the Brownfields Property above unrestricted use standards or screening levels as reported in the Environmental Reports in paragraph 4 of the Brownfields Agreement to which this is an exhibit, the concentration found at
each sample location, and the applicable standard or screening level. Screening levels and standards are shown for reference only and are not set forth as cleanup or mitigation levels for purposes of this Agreement. GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the standards for which are contained in Title 15A of the North Carolina Administrative Code, Subchapter 2L (2L), Rule .0202, or the 2L Groundwater Interim Maximum Allowable Concentrations (IMACS) (April 1, 2022 version):
Groundwater
Contaminant
Sample
Location Date of Sampling Concentration Exceeding
Standard (µg/L)
Standard
(µg/L)
Chromium TW-2 4/17/2018 10.4 10

Vega Metals/23071-19-032/20230412

2
SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Residential Health-Based Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section (January 2023 version):
Soil Contaminant Sample Location Depth (ft) Date of Sampling
Concentration
Exceeding Screening Level (mg/kg)
Residential
Screening Level1 (mg/kg)
Arsenic
EV3-FLN 13 4/16/2021 6.11
0.68
EV3-FLS 13 4/16/2021 7.21
EV4-FL 13 4/13/2021 3.3
EV4-FL2 13 4/13/2021 5.68
EV5-FLA 12 4/14/2021 9.26
EV5-FLB 12 4/14/2021 28.3
EV5-FLC 10 4/14/2021 4.53
EV5-FLD 7 4/14/2021 2.53
EV5-FLE 7 4/14/2021 1.75
SB-1 16-19 2/20/2020 0.855
SB-2 15-16 2/24/2020 0.941
SB-7 16-20 2/24/2020 0.683
SB-8 18-20 2/25/2020 32.7
Benzo(a)pyrene EV5-FLC 10 4/14/2021 0.167 0.11
Benzo(g,h,i)perylene EV5-FLC 10 4/14/2021 0.081 NSE
Chromium, Hexavalent
EV5-FLB 12 4/14/2021 0.32
0.31 EV5-FLC 7 4/14/2021 0.39
EV5-FLE 7 4/14/2021 0.41
Phenanthrene EV4-FL2 13 4/13/2021 0.031 NSE
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. NSE – No screening level established.

Vega Metals/23071-19-032/20230412

3
SUB-SLAB VAPOR

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 (January 2023):
Soil Gas Contaminant Sample Location Date of Sampling
Concentration Exceeding Screening
Level (µg/m3)
Residential Screening Level1
(µg/m3)
Chloroform VP-2 3/23/2023 6.8 4.1 VP-5 3/23/2023 4.6
Ethanol
VP-1 3/23/2023 26
NSE
VP-2 3/23/2023 74
VP-3 3/23/2023 38
VP-5 3/23/2023 78
VP-6 3/23/2023 320
VP-7 3/23/2023 29
VP-8 3/23/2023 37
VP-9 3/23/2023 47
Trichlorofluoromethane (Freon 11)
VP-2 3/23/2023 1.2
NSE
VP-3 3/23/2023 1.4
VP-5 3/23/2023 1.3
VP-6 3/23/2023 1.3
VP-7 3/23/2023 1.4
VP-9 3/23/2023 1.3
Tetrachloroethylene VP-1 3/23/2023 700 280 VP-4 3/23/2023 900
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. NSE – No screening level established. Note: Acetone was detected in sub-slab samples VP-2 to VP-9; however, because acetone is a common analytical laboratory introduced compound, the Soil Gas Screening Level (SGSL) for acetone is no longer being published. The most recent Residential SGSL for acetone was 220,000 µg/m3 and none of the
detected concentrations exceeded this level. Therefore, acetone data are not summarized on this table, but remain available in the reports related to this property.

Vega Metals/23071-19-032/20230412

EXHIBIT C
LEGAL DESCRIPTION

HUNT STREET Il LLC recorded in Book 9541, page 72. Durham County Registry, the legal descriptions of
which are incorporated herein by reference.
The above-described property also being described as follows:
Beginning at an existing PK nail located at the northwestern intersection of the northern right-of-way of
Hunt Street and the western right-of-way of Rigsbee Avenue; running thence along the northern right-
of-way of Hunt Street a correct measured bearing and distance of S 89°16'51" W 242.24 ft. to a point;
running thence along the eastern property line of now or formerly City of Durham Property as described
by Deed recorded in Deed Book 2574, page 95, Durham County Registry (hereinafter the "City of
Durham Property") a correct measured bearing and distance of N 00°31 '26" W 115.19 ft. to a point;
running thence along the southern property line of the City of Durham Property the following 3 calls and
distances: (1) a correct measured bearing and distance of N 89° 19'53"E 102.00 ft to a stake, (2) running
thence a correct measured bearing and distance of S 00°33'42" E I0.15 ft to a stake, and (3) running
thence a correct measured bearing and distance of N 89°25'27" E 140.39 ft to a stake located at in the
western right-of-way of Rigsbee Avenue; running thence along the western right-of-way of Rigsbee
Avenue S 00°26'21" E 104.60 ft to the point and place of Beginning, and being all of Tract I, containing a
total area of 26,446.73 SF all as shown on a survey and entitled "ALTA/NSPS Land Title Survey 214 Hunt
St." dated January 18, 2022, and prepared by CJT PA. Engineering-Land Surveying-Landscape
Architecture.