21050_South Saunders St_PCPkg_20230428

NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY
Brownfields Property Name: South Saunders Street Assemblage
Brownfields Project Number: 21050-17-092
North Carolina's Brownfields Property Reuse Act (the "Act"), North Carolina General Statutes ("NCGS")
§ 130A-310.30 through 130A-310.40, provides for the safe redevelopment of abandoned, idled, or underused
properties at which expansion or redevelopment is hindered by actual or potential environmental contamination.
One of the Act's requirements is the submittal of this Notice of Intent to Redevelop a Brownfields Property ("NI")
that has been approved by the North Carolina Department of Environmental Quality ("DEQ") for public notification
purposes as per NCGS § 130A-310.34(a). The NI shall provide, to the extent known, a legal description of the location
of the Brownfields Property, a map showing the location of the Brownfields Property, a description of the
contaminants involved and their concentrations in the media of the Brownfields Property, a description of the
intended future use of the Brownfields Property, any proposed investigation and remediation, and a proposed Notice
of Brownfields Property ("NBP") prepared in accordance with NCGS § 130A-310.35. The proposed NBP for a
particular brownfields project is attached hereto. The proposed NBP includes the proposed Brownfields Agreement,
which is attached as Exhibit A, and the other required elements of this NI. A Summary of this Notice of Intent
("SNI") shall include a statement as to the public availability of the full NI. The party ("Prospective Developer")
who desires to enter into a Brownfields Agreement with DEQ must provide a full copy of this NI to all local
governments having jurisdiction over the Brownfields Property.
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as
the day after which all of the following public notice tasks have occurred: the date the required SNI is: (1) published
in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2) conspicuously
posted at the Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written public comments may be submitted to DEQ within 30 days after the public comment
period begins. Written requests for a public meeting may be submitted to DEQ within 21 days after the public
comment period begins. These periods will start no sooner than May 5, 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
South Saunders Street/21050-17-092/28Apr2023

SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: South Saunders Street Assemblage
Brownfields Project Number: 21050-17-092
Pursuant to the North Carolina Brownfields Property Reuse Act (the "Act") authorized by North Carolina General
Statutes (NCGS) § 130A-310.30 through 130A-310.40, and specifically pursuant to NCGS § 130A-310.34, CS Smith, 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 0 Green Street, 1019 Mount Hope Drive,
and 0, 927, 1015, 1017, 1019, 1021, 1021B, 1023, 1025, 1027, 1029, 1031, 1033, 1035, and 1041 South Saunders Street in
Raleigh, Wake County, North Carolina. The Brownfields Property, which is the former site of a mixed use area with
residential and commercial properties including a metal fabrication shop, carpet cleaner company, gas station, towing
business, and automotive service and repair, consists of about 9.15 acres. Environmental contamination exists on the
Brownfields Property in soil, groundwater, sub -slab vapor, stream sediment, and surface water. CS Smith, LLC has
committed itself to redevelop the Brownfields Property for no uses other than office, parking, retail, high -density residential,
greenway, open space, hotel, 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 CS Smith, LLC,
which in turn includes (a) a map showing the location of the Property, (b) a description of the contaminants involved and
their concentrations in the media of the Property, (c) the above -stated description of the intended future use of the
Brownfields Property, and (d) proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property
prepared in accordance with NCGS § 130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the Wake County Richard B.
Harrison Community Library, 1313 New Bern Avenue, Raleigh, NC 27610 by contacting Beverly Williams at
[phone] or at Beverly.williamskwake.gov; 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
shirley.lig ig�ns(kncdenr.goy, 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 21050-17-092 into the
search bar at the following web address: https:Hedocs.deq.ne.gov/WasteMana em�ent/
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 May 5, 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 27699-1646Rede
South Saunders Street/21050-17-092/28Apr2023

Property Owner: CS Smith, LLC, Paris Family Partnership, LLC, and KL PCS Phase 1
Owner, LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: South Saunders Street Assemblage
Brownfields Project Number: 21050-17-092
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 20 by CS
Smith, 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 a multi -parcel, 9.15-acre property located 0 Green St, 1019 Mount
Hope Dr, and 0, 927, 1015, 1017, 1019, 1021, 1021B,1023, 1025, 1027, 1029,1031, 1033, 1035
South Saunders Street/21050-17-092/28Apr2023

& 1041 South Saunders St, Raleigh, Wake County. Single family residential properties; metal
fabrication shop; carpet cleaner company; gas station; towing business; automotive service and
repair. The Prospective Developer has committed to redeveloping the Brownfields Property for
no uses other than office, parking, retail, high -density residential, greenway, open space, hotel,
and subject to DEQ's prior written approval, other commercial uses.
The Brownfields Agreement between Prospective Developer and DEQ is attached
hereto as Exhibit A. It is required by NCGS § 130A-310.32 and sets forth the use that may
be made of the Brownfields Property and the measures to be taken to protect public health
and the environment. The Brownfields Agreement's Exhibit 2 consists of one or more data
tables reflecting the concentrations of and other information regarding the Brownfields
Property's regulated substances and contaminants.
Attached as Exhibit B to this Notice is a reduction, to 8.5 inches x 11 inches, of the survey
plat component of this Notice. This plat shows areas designated by DEQ, has been prepared and
certified by a professional land surveyor, meets the requirements of NCGS § 47-30, and complies
with NCGS § 130A-310.35(a)'s requirement that the Notice identify:
(1) The location and dimensions of the areas of potential environmental concern with
respect to permanently surveyed benchmarks.
(2) The type, location and quantity of regulated substances and contaminants known to
exist on the Brownfields Property.
Attached hereto as Exhibit C is a legal description of the Brownfields Property that would
be sufficient as a description of the property in an instrument of conveyance.
LAND USE RESTRICTIONS
NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the
current and future use of the Brownfields Property that are necessary or useful to maintain the
level of protection appropriate for the designated current or future use of the Brownfields Property
and that are designated in the Brownfields Agreement. The restrictions shall remain in force in
perpetuity unless canceled by the Secretary of DEQ (or its successor in function), or his/her
designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e). All
references to DEQ shall be understood to include any successor in function.
The land use restrictions below have been excerpted verbatim from paragraph 13 of
the Brownfields Agreement, and all subparagraph letters/numbers are the same as those
used in the Brownfields Agreement. The following land use restrictions are hereby imposed
on the Brownfields Property:
Land Uses
a. No use may be made of the Brownfields Property other than for office, parking, retail,
high -density residential, greenway, open space, hotel, 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
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requirements:
i. Office is defined as a place where business or professional services are
provided.
ii. Parking is defined as the temporary accommodation of motor vehicles in an
area designed for same.
iii. 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.
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. Greenway is defined as a natural or constructed corridor traversing open space,
which may be used for pedestrian or bicycle passage. Greenways typically link areas of activity,
such as parks, cultural features, or historic sites with each other and with populated areas.
vi. Open Space is defined as land maintained in a natural or landscaped state and
for uses such as natural resource protection, riparian buffers, greenways, or detention facilities
for stormwater.
vii. Hotel is defined as the provision of overnight lodging to paying customers,
and associated food services, gym, reservation, cleaning, utilities, parking and on -site hospitality,
management and reception services.
viii. Commercial is defined as an enterprise carried on for profit or nonprofit by
the owner, lessee or licensee, with the exception of educational space and childcare facilities.
Specific Prohibitions
b. The Brownfields Property may not be used for childcare centers, adult care centers, or
schools without the prior written approval of DEQ.
c. The Brownfields Property may not be used for dry cleaning operations using
chlorinated solvents.
d. No use of the southern portion of the Brownfields Property shall occur until the then
owner of the Brownfields Property conducts representative assessment to fill any DEQ-identified
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3

data gaps in that area to the written satisfaction of DEQ, pursuant to a plan(s) approved in
writing by DEQ. If DEQ believes the results of said assessment indicates site contaminants are
present such that the resulting environmental risk such contamination poses is unacceptable, the
then owner of the Brownfields Property shall then mitigate such risk pursuant to a plan approved
in writing by DEQ and to DEQ's satisfaction.
Environmental Management Plan
e. Physical redevelopment of the Brownfields Property may not occur other than in
accordance, as determined by DEQ, with an Environmental Management Plan (` EMP")
approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above and any
contamination discovered during the additional assessment that may be required by paragraph 12
above;
iii. contingency plans for addressing, including without limitation the testing of
soil and groundwater, newly discovered potential sources of environmental contamination (e.g.,
USTs, tanks, drums, septic drain fields, oil -water separators, soil contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil before
import to the Brownfields Property and the disposition of all soil excavated from the Brownfields
Property during redevelopment.
Redevelopment Summary Report
f. 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;
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Cl

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).
Demolition Activities
g. Unless compliance with this Land Use Restriction is waived in writing in advance by
DEQ in relation to particular buildings, demolition and/or renovation of any or all buildings on
the Brownfields Property depicted on the plat component of the Notice referenced in paragraph
17 below shall be in accordance with applicable legal requirements, including without limitation
those related to lead and asbestos abatement that are administered by the Health Hazards Control
Unit within the Division of Public Health of the North Carolina Department of Health and
Human Services.
Groundwater
h. Groundwater at the Brownfields Property may not be used for any purpose without the
prior written approval of DEQ along with any measures DEQ deems necessary to ensure that the
Brownfields Property will be suitable for the uses specified in subparagraph 13.a. above while
fully protecting public health and the environment. Should groundwater be encountered or
exposed during any activity on the Brownfields Property, it shall be managed in accordance with
the DEQ-approved EMP outlined in subparagraph 13.d., or a plan approved in writing in
advance by DEQ.
Soil
i. No activity that disturbs soil on the Brownfields Property may occur unless and until
DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried
out along with any measures DEQ deems necessary to ensure the Brownfields Property will be
suitable for the uses specified in subparagraph 13.a. above while fully protecting public health
and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be given
written notice at least seven days in advance of a scheduled repair (if only by email) of any such
repair, or in emergency circumstances no later than the next business day, and that any related
assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined in subparagraph 13.e.
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j. No residential 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 within the Brownfields Property, as said area is
depicted on the plat component of the Notice of Brownfields Property described in paragraph 17
below, that is not covered by building foundations, sidewalks, or asphaltic or concrete parking
areas and driveways.
Vapor Intrusion
k. No enclosed building may be constructed on the Brownfields Property and no existing
building, defined as those depicted on the plat component of the Notice of Brownfields Property
referenced in paragraph 17 below, may be occupied until DEQ determines in writing that:
i. the building is or would be protective of the building's users and public health
from the risk of vapor intrusion based on site assessment data, or a site -specific risk assessment
approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors into building
features in accordance with the most recent and applicable DWM Vapor Intrusion Guidance,
Interstate Technology & Regulatory Council (ITRC) guidance, and American National Standards
Institute (ANSI)/American Association of Radon Scientists and Technologists (AARST)
standards, and that a professional engineer licensed in North Carolina, as evidenced by said
engineer's professional seal, is satisfied that the design is fully protective of public health, and
shall include a performance monitoring plan detailing methodologies and schedule, both of
which are subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as -built diagrams, photographs, and a description of the installation, with
said engineer's professional seal confirming that the engineer is satisfied that the system was
installed per the DEQ approved design. If any deviations from the system design were necessary
during installation, then the report shall include details on said deviations, as well as the
engineer's seal certifying the VIMS, as installed, was installed in such a manner so as to be fully
protective of public health.
Surface Water
1. Surface water at the Brownfields Property may not be used for any purpose, other than
in connection with legally compliant storm water collection and reuse techniques, without the
prior written approval of DEQ.
Property Access
in. Neither DEQ, nor any party conducting environmental assessment or remediation at
the Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or
entered into by DEQ, may be denied access to the Brownfields Property for purposes of
conducting such assessment or remediation, which is to be conducted using reasonable efforts to
minimize interference with authorized uses of the Brownfields Property.
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C

Abandonment of Monitoring Wells
n. Within 60 days after the effective date of this Agreement or prior to land disturbance
activities, whichever occurs first, Prospective Developer shall abandon all monitoring wells,
injection wells, recovery wells, piezometers and other man-made points of groundwater access at
the Brownfields Property in accordance with Subchapter 2C of Title 15A of the North Carolina
Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days after
doing so, the Prospective Developer shall provide DEQ a report, setting forth the procedures and
results.
Damage to wells
o. Except for the work related to subparagraph 13.n. above, 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
p. Any deed or other instrument conveying an interest in the Brownfields Property shall
contain the following notice: "This property is subject to the Brownfields Agreement attached as
Exhibit A to the Notice of Brownfields Property recorded in the Wake County land records,
Book , Page ." A copy of any such instrument shall be sent to the persons listed in
Section XVII (Notices and Submissions), though financial figures and other confidential
information related to the conveyance may be redacted to the extent said redactions comply with
the confidentiality and trade secret provisions of the North Carolina Public Records Law. The
owner may use the following mechanisms to comply with the obligations of this paragraph: (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
q. 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; and
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.
South Saunders Street/21050-17-092/28Apr2023
7

Land Use Restriction Update
r. During January of each year after the year in which the Notice referenced below in
paragraph 17 is recorded, the owner of any part of the Brownfields Property as of January 1 st of
that year shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the
chief public health and environmental officials of Wake County, certifying that, as of said
January 1 st, the Notice of Brownfields Property containing these land use restrictions remains
recorded at the Wake County Register of Deeds office and that the land use restrictions are being
complied with. If the property is transferred, the grantor shall submit a LURU (as outlined
above) which covers the period of time 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; and
iii. whether any vapor barrier and/or mitigation systems installed pursuant to
subparagraph 13.k.ii. 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.
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 32.a. of
Exhibit A hereto, at the address stated therein.
ENFORCEMENT
The above land use restrictions shall be enforceable without regard to lack of privity of
estate or contract, lack of benefit to particular land, or lack of any property interest in particular
land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The
land use restrictions may also be enforced by DEQ through the remedies provided in NCGS §
130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having
jurisdiction over any part of the Brownfields Property; and by any person eligible for liability
protection under the Brownfields Property Reuse Act who will lose liability protection if the
restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the
Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement
by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of
the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the
same violation or as to one occurring prior or subsequent thereto.
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��j

FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Brownfields Property is sold, leased, conveyed or transferred,
pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the
description section, in no smaller type than that used in the body of the deed or instrument, a
statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a
Brownfields Property under the Brownfields Property Reuse Act.
IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this day of , 20
Un
NORTH CAROLINA
COUNTY
CS Smith, LLC
Christopher L. Woody II
Manager
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Date:
Official Signature of Notary
(Official Seal) Notary's printed or typed name, Notary Public
My commission expires:
South Saunders Street/21050-17-092/28Apr2023

************************************
ACKNOWLEDGMENT OF PROPERTY OWNER
As the current owner, or representative of said owner, of at least part of the Brownfields
Property, I hereby acknowledge recordation of this Notice of Brownfields Property and the land
use restrictions contained herein.
Paris Family Partnership, LLC
Corey Mason Date
Manager
NORTH CAROLINA
COUNTY
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Date:
(Official Seal)
South Saunders Street/21050-17-092/28Apr2023
Official Signature of Notary
Notary's printed or typed name, Notary Public
My commission expires:
10

************************************
ACKNOWLEDGMENT OF PROPERTY OWNER
As the current owner, or representative of said owner, of at least part of the Brownfields
Property, I hereby acknowledge recordation of this Notice of Brownfields Property and the land
use restrictions contained herein.
KL PCS Phase I Owner, LLC
John M. Kane Date
Manager
NORTH CAROLINA
COUNTY
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Date:
(Official Seal)
South Saunders Street/21050-17-092/28Apr2023
Official Signature of Notary
Notary's printed or typed name, Notary Public
My commission expires:
11

************************************
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
Bruce Nicholson, Chief Date
Brownfields Redevelopment Section
Division of Waste Management
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12

EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: CS Smith, LLC
UNDER THE AUTHORITY OF THE
BROWNFIELDS PROPERTY REUSE ACT
OF 1997, NCGS § 130A-310.30, et SeMc .
Brownfields Project No. 21050-17-092
L INTRODUCTION
BROWNFIELDS AGREEMENT re:
South Saunders Street Assemblage
0 Green St, 1019 Mount Hope Dr,
and 0, 927, 1015, 1017, 1019, 1021,
1021B,1023, 1025, 1027, 1029, 1031,
1033, 1035 & 1041 South Saunders St.
Raleigh, Wake County
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and CS Smith, LLC (collectively the "Parties")
pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et SeMc . (the
"Act") for the property located at 0 Green Street; 1019 Mount Hope Drive; and 0, 927, 1015,
1017, 1019, 1021, 1021B, 1023, 1025, 1027, 1029, 1031, 1033, 1035, and 1041 South Saunders
Street (the "Brownfields Property"). Three parcels with the addresses 0 South Dawson Street and
951 and 1001 South Saunders Street were recombined into the parcel addressed as 927 South
Saunders Street. 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 CS Smith, LLC, a member -managed limited liability
company, headquartered at 2321 Blue Ridge Road, Suite 202, Raleigh, North Carolina 27607. Its
Manager is Christopher L. Woody II, of the same address.
The Parties agree to undertake all actions required by the terms and conditions of this
South Saunders Street Assemblage/21050-17-092/28Apr2023

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 CS Smith, LLC for contaminants at the Brownfields Property.
The Parties agree that CS Smith, LLC's entry into this Agreement, and the actions
undertaken by CS Smith, LLC in accordance with the Agreement, do not constitute an admission
of any liability by CS Smith, LLC for contaminants at the Brownfields Property. The resolution
of this potential liability, in exchange for the benefit CS Smith, 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 CS Smith, 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.
2
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BROWNFIELDS PROPERTY INFORMATION SUMMARY
0 Green Street, PIN 1703-44-3170;
1019 Mount Hope Drive, PIN 1703-44-4408;
0 South Saunders Street, PIN 1703-44-2220;
927 South Saunders Street, PIN 1703-44-4767 (which was
recombined in December 2021 with the parcels formerly
addressed as 0 South Dawson Street, and 951 and 1001 South
Saunders Street and portions of parcels with addresses 1019
Mouth Hope Drive and 1015, 1017, and 1027 South Saunders
Street);
1015 South Saunders Street, PIN 1703-44-2683;
Parcel Address(es) & Parcel
1017 South Saunders Street, PIN 1703-44-2592;
IDS
1019 South Saunders Street, PIN 1703-44-3412;
1021 South Saunders Street, PIN 1703-44-2374;
1021B South Saunders Street, PIN 1703-44-2339;
1023 South Saunders Street, PIN 1703-44-3208;
1025 South Saunders Street, PIN 1703-44-4351;
1027 South Saunders Street, PIN 1703-44-4451;
1029 South Saunders Street, PIN 1703-44-3344;
1031 South Saunders Street, PIN 1703-44-4149;
1033 South Saunders Street, PIN 1703-44-3285;
1035 South Saunders Street, PIN 1703-44-2220; and
1041 South Saunders Street, PIN 1703-44-2069
Acreage
9.15 acres
Current Property Owner(s)
CS Smith, LLC; Paris Family Partnership, LLC; and KL PCS
Phase I Owner, LLC
Current Land Use(s)
Mix of construction activities in the northern portion and
vacant land in the southern portion
Site Vicinity Land Uses
Commercial, industrial, residential, and undeveloped
Office, parking, retail, high -density residential, greenway,
Proposed Reuse(s)
open space, hotel, and subject to DEQ's prior written
approval, other commercial uses
Public Benefits of Reuse
Temporary construction jobs, additional residential and office
space, recreational, and increased tax base
Existing Land Use
Restrictions Prior to
None
Brownfields Agreement
ENVIRONMENTAL INFORMATION SUMMARY
Single family residential properties; metal fabrication shop;
Historical Operations &
Contaminant Sources
carpet cleaner company; gas station; towing business;
automotive service and repair.
Current Operations/Activities
Approximately half of the Brownfields Property is currently
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ENVIRONMENTAL INFORMATION SUMMARY
vacant or undeveloped and the northern half is currently
undergoing construction activities.
Soil: Soil on the Brownfields Property contains metals and
semi -volatile organic compounds (SVOCs) that exceed the
current DWM Preliminary Residential Health —Based Soil
Remediation Goals.
Groundwater: Groundwater on the Brownfields Property
contains volatile organic compounds (VOCs) that exceed
either their respective North Carolina 2L Groundwater
Standards, or DWM Residential Vapor Intrusion Screening
Levels (VISLs). Other detections are observed for
compounds that do not have established standards or
screening levels.
Sub -Slab Vapor: Sub -slab vapor on the Brownfields Property
Contaminated Media
contains VOCs that exceed their respective DWM Residential
VISLs. Other detections are observed for compounds that do
not have established screening levels.
Indoor Air: No known indoor air data was collected at the
Brownfields Property.
Surface Water/Sediment: Rocky Branch Creek flows along
the northern portion of the Brownfields Property. Surface
water samples collected from the creek were found to contain
bis(2-ethylhexyl)phthalate in excess of its Freshwater In -
Stream Targe Value for all waters. Sediment samples were
not found to contain arsenic, hexavalent chromium, and
benzo(a)pyrene compounds in excess of their respective
Residential PSRGs. Other detections are observed for
compounds that do not have established screening levels.
1001 South Saunders Street (now recombined with the 927
South Saunders Street parcel): former location of N.A. Dunn
Oil Company, LUST Database No.33036 and UST Database
ID Numbers/Permits
No. RA-5496;UST status unknown
927 South Saunders Street, former R.B. Stokes Concrete Co.:
LUST Database No. 11802 and UST Database No. RA-1923;
UST status listed as temporarily closed.
Onsite Receptors Considered
Construction workers, on -site workers
Potential Offsite Receptors
i. Water supply wells: None known
Considered
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ENVIRONMENTAL INFORMATION SUMMARY
ii. Residential structures, churches, or childcare centers: None
known
iii. Surface water: Rocky Branch Creek flows along the
northeastern portion of the site.
Potential offsite migration
Groundwater: No identified off -site migration
pathways
Soil Vapor: No identified off -site migration
4. Environmental reports regarding the Brownfields Property referred to hereinafter as
the "Environmental Reports," include, but are not limited to:
a. Those that the Prospective Developer obtained or commissioned regarding the
Brownfields Property:
Title
Prepared by
Date of Report
Phase I ESA South Saunders Street Assemblage,
951 & 1001 S. Saunders Street, Raleigh, North
Hart & Hickman, PC
April 18, 2017
Carolina
Phase I ESA, 10 Parcel Assemblage, S. Saunders
Hart & Hickman, PC
July 28, 2017
Street, Raleigh, North Carolina
Phase I ESA, 927 South Saunders Street,
Hart & Hickman, PC
January 19, 2018
Raleigh, North Carolina
Brownfields Assessment Report, South Saunders
Street Assemblage, South Saunders Street,
Hart & Hickman, PC
March 17, 2020
Raleigh, North Carolina
Redevelopment Summary Report, South
Hart & Hickman, PC
December 29, 2022
Saunders Street Assemblage
b. Other available reports:
Title
Prepared by
Date of Report
Comprehensive Site Assessment, R. B.
Engineering,
Stokes Property, 927 S. Saunders Street,
IncL
May 31, 1994
Raleigh, NC
Comprehensive Site Assessment, R. B.
CTL Engineering,
Stokes Property, 927 S. Saunders Street,
Inc.
September 9, 1994
Raleigh, NC
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c. Off -site reports:
Title
Prepared by
Date of Report
RCRA Emergency Response Investigation
DEQ Hazardous
Report, Axis Holdings Company,
Waste Section —
August 17, 2015
NCR000166249, 1014 S. Saunders Street,
Compliance Branch
Raleigh, NC
Inspection Memo, Kwiklean Cleaners, 1004
Dry Cleaning Solvent
Cleanup Act (DSCA)
September 15, 2017
S. Saunders St, Raleigh, NC
Com liance Program
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 October 4, 2017, and by the
Amended Brownfields Property Application dated February 2, 2018, and the following:
a. On April 21, 2017, Prospective Developer purchased the parcels with addresses
0 South Dawson Street, 951 South Saunders Street, and 1001 South Saunders Street.
b. On August 9, 2017, an affiliate of the Prospective Developer, Paris Family
Partnership, LLC, which is fully owned by CS Smith, LLC purchased the parcels with the
addresses 1019 Mount Hope Drive and 1019, 1023, 1025, 1027, 1029, 1031, and 1033 South
Saunders Street.
c. On March 16, 2018, Prospective Developer purchased the parcel with the
address 0 Green Street.
d. On November 8, 2018, Prospective Developer purchased the parcels with the
addresses 1015 and 1017 South Saunders Street.
0
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e. On December 31, 2018, Prospective Developer purchased the parcels with the
addresses 1021 and 1021 B South Saunders Street.
f. On April 30, 2019, Prospective Developer purchased the parcel with the
address 927 South Saunders Street.
g. On September 24, 2020, Prospective Developer purchased the parcels with the
addresses 0, 1035, and 1041 South Saunders Street.
h. In December 2021, Prospective Developer, in accordance with the
Environmental Management Plan (EMP) required pursuant to subparagraph 13.d. below and
approved by DEQ on December 8, 2021, demolished the existing buildings and graded the
exposed surface on the northern portion of the Brownfields Property,
i. On December 29, 2021, parcels with addresses 0, 927, 951, and 1001 South
Saunders Street and portions of parcels with addresses 1019 Mouth Hope Drive and 1015, 1017,
and 1027 South Saunders Street were recombined into one parcel with the address 927 South
Saunders Street.
j. On December 30, 2021, KL PCS Phase 1 Owner, LLC purchased the
recombined parcel with address 927 South Saunders Street from the Prospective Developer and
its affiliate Paris Family Partnership, LLC.
k. In May 2022, KL PCS Phase 1 Owner, LLC began construction of four
connected seven to eleven story multi -use buildings with office, retail, high -density residential,
and parking uses on the recombined parcel with address 927 South Saunders Street in accordance
with the above referenced EMP and in accordance with a vapor intrusion mitigation plan dated
April 14, 2021 required pursuant to subparagraph 13.h. below, which was reviewed by DEQ and
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determined to be compliant on May 19, 2021 with the land use restrictions of paragraph 13
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-
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.
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7. Prospective Developer has paid to DEQ the $2,000 fee to seek a brownfields
agreement required by NCGS § 130A-310.39(a)(1), and shall make a payment to DEQ of $6,000
at the time Prospective Developer and DEQ enter into this Agreement, defined for this purpose
as occurring no later than the last day of the public comment period related to this Agreement.
The Parties agree that such fees will suffice as the $2,000 fee to seek a brownfields agreement
required by NCGS § 130A-310.39(a)(1), and, within the meaning of NCGS § 130A-
310.39(a)(2), the full cost to DEQ and the North Carolina Department of Justice of all activities
related to this Agreement, unless a change is sought to a Brownfields document after it is in
effect, in which case there shall be an additional fee of at least $1,000.
V. BENEFIT TO COMMUNITY
8. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. an increase in the Brownfields Property's productivity;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of approximately 2,000 temporary construction jobs and over
1,000 permanent jobs estimated after redevelopment is completed;
d. an increase in tax revenue for affected jurisdictions;
e. additional office, parking, retail, high -density residential, greenway, open
space, hotel, and subject to DEQ's prior written approval, other commercial uses, for the area;
f. "smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe ("greenfields").
0
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VI. WORK TO BE PERFORMED
9. The guidelines as embodied in their most current version, including parameters,
principles and policies within which the desired results are to be accomplished are (as to: field
procedures, laboratory testing, Brownfields Program requirements, and remedial or mitigation
measures):
Section;
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Program Assessment Work Plan Checklist; and
d. the Brownfields Survey Plat Checklist.
10. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
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
10
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Environmental Management Plan (EMP) as specified in subparagraph 13.d. below.
12. Prospective Developer has committed to installing a vapor intrusion mitigation
system in accordance with the Vapor Intrusion Mitigation Plan, Revision #1, South Saunders
Street Assemblage (Hart & Hickman, PC, April 14, 2022) (VIMP) during the first phase of the
construction at the Brownfields Property, and subject to performance data that indicates
compliance with the VIMP, will have satisfied the requirements of subparagraph 131. below for
the initial phase of construction.
VII. LAND USE RESTRICTIONS
13. By way of the Notice of Brownfields Property referenced below in paragraph 17,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.
Land Uses
a. No use may be made of the Brownfields Property other than for office, parking,
retail, high -density residential, greenway, open space, hotel, 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:
provided.
i. Office is defined as a place where business or professional services are
ii. Parking is defined as the temporary accommodation of motor vehicles
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in an area designed for same.
iii. 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.
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. Greenway is defined as a natural or constructed corridor traversing
open space, which may be used for pedestrian or bicycle passage. Greenways typically link areas
of activity, such as parks, cultural features, or historic sites with each other and with populated
areas.
vi. Open Space is defined as land maintained in a natural or landscaped
state and for uses such as natural resource protection, riparian buffers, greenways, or detention
facilities for stormwater.
vii. Hotel is defined as the provision of overnight lodging to paying
customers, and associated food services, gym, reservation, cleaning, utilities, parking and on -site
hospitality, management and reception services.
12
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viii. Commercial is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee, with the exception of educational space and childcare
facilities.
Specific Prohibitions
b. The Brownfields Property may not be used for childcare centers, adult care
centers, or schools without the prior written approval of DEQ.
c. The Brownfields Property may not be used for dry cleaning operations using
chlorinated solvents.
d. No use of the southern portion of the Brownfields Property shall occur until the
then owner of the Brownfields Property conducts representative assessment to fill any DEQ-
identified data gaps in that area to the written satisfaction of DEQ, pursuant to a plan(s) approved
in writing by DEQ. If DEQ believes the results of said assessment indicates site contaminants
are present such that the resulting environmental risk such contamination poses is unacceptable,
the then owner of the Brownfields Property shall then mitigate such risk pursuant to a plan
approved in writing by DEQ and to DEQ's satisfaction.
Environmental Management Plan
e. Physical redevelopment of the Brownfields Property may not occur other than
in accordance, as determined by DEQ, with an Environmental Management Plan ("EMP")
approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
13
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Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above and any
contamination discovered during the additional assessment that may be required by paragraph 12
above;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators, soil
contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment.
Redevelopment Summary Report
f. 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
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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).
Demolition Activities
g. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
in paragraph 17 below shall be in accordance with applicable legal requirements, including
without limitation those related to lead and asbestos abatement that are administered by the
Health Hazards Control Unit within the Division of Public Health of the North Carolina
Department of Health and Human Services.
Groundwater
h. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 13.a.
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above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 13.d., or a plan approved in
writing in advance by DEQ.
Soil
i. No activity that disturbs soil on the Brownfields Property may occur unless and
until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 13.a. above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined in subparagraph 13.e.
j. No residential 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 within the Brownfields Property, as said area is
depicted on the plat component of the Notice of Brownfields Property described in paragraph 17
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below, that is not covered by building foundations, sidewalks, or asphaltic or concrete parking
areas and driveways.
Vapor Intrusion
k. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 17 below, may be occupied until DEQ determines in writing
that:
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.
Surface Water
1. Surface water at the Brownfields Property may not be used for any purpose,
other than in connection with legally compliant storm water collection and reuse techniques,
without the prior written approval of DEQ.
Property Access
in. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
Abandonment of Monitoring Wells
n. Within 60 days after the effective date of this Agreement or prior to land
disturbance activities, whichever occurs first, Prospective Developer shall abandon all
monitoring wells, injection wells, recovery wells, piezometers and other man-made points of
groundwater access at the Brownfields Property in accordance with Subchapter 2C of Title 15A
of the North Carolina Administrative Code, unless an alternate schedule is approved by
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DEQ. Within 30 days after doing so, the Prospective Developer shall provide DEQ a report,
setting forth the procedures and results.
Damage to wells
o. Except for the work related to subparagraph 13.n. above, 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
p. Any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: "This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Wake
County land records, Book , Page ." A copy of any such instrument shall be sent to the
persons listed in Section XVII (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said redactions
comply with the confidentiality and trade secret provisions of the North Carolina Public Records
Law. The owner may use the following mechanisms to comply with the obligations of this
paragraph: (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
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than full copies of said leases, to the persons listed in Section XVII.
Separating Old from New Contamination
q. 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; and
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.
Land Use Restriction Update
r. During January of each year after the year in which the Notice referenced
below in paragraph 17 is recorded, the owner of any part of the Brownfields Property as of
January 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of Wake County, certifying that,
as of said January 1 st, the Notice of Brownfields Property containing these land use restrictions
remains recorded at the Wake County Register of Deeds office and that the land use restrictions
are being complied with. If the property is transferred, the grantor shall submit a LURU (as
outlined above) which covers the period of time they owned the property. The submitted LURU
shall state the following:
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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;
and
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 13.k.ii. 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.
14. The desired result of the above -referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in this Agreement while fully protecting
public health and the environment.
15. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
21
South Saunders Street Assemblage/21050-17-092/28Apr2023

VIII. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
16. In addition to providing access to the Brownfields Property pursuant to subparagraph
13.m. 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
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
IT DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property ("Notice") for the Brownfields Property containing, inter alia, the land use restrictions
set forth in Section VII (Land Use Restrictions) of this Agreement and a survey plat of the
Brownfields Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date
of this Agreement, Prospective Developer shall file the Notice in the Wake County, North
Carolina, Register of Deeds' Office. Within three (3) days thereafter, Prospective Developer
shall furnish DEQ a copy of the documentary component of the Notice containing a certification
by the register of deeds as to the Book and Page numbers where both the documentary and plat
22
South Saunders Street Assemblage/21050-17-092/28Apr2023

components of the Notice are recorded, and a copy of the plat with notations indicating its
recordation.
18. This Agreement shall be attached as Exhibit A to the Notice. Subsequent to
recordation of said Notice, any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: "This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Wake
County land records, Book , Page
" A copy of any such instrument
shall be sent to the persons listed in Section XVII (Notices and Submissions), though financial
figures and other confidential information related to the conveyance may be redacted to the
extent said redactions comply with the confidentiality and trade secret provisions of the North
Carolina Public Records Law. Prospective Developer may use the following mechanisms to
comply with the obligations of this paragraph: (i) If every lease and rider is identical in form,
Prospective Developer may provide DEQ with copies of a form lease or rider evidencing
compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XVII (Notices and Submissions); or (ii) Prospective Developer may
provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section
XVII.
19. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
23
South Saunders Street Assemblage/21050-17-092/28Apr2023

IX. DUE CARE/COOPERATION
20. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in subparagraph 32.a. below
of any such required notification.
X. CERTIFICATION
21. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated October 4, 2017, and by the Amended Brownfields
Property Application dated February 2, 2018, by which it applied for this Agreement. That use
is that which is provided in paragraph 13.a. of this Agreement. Prospective Developer also
certifies that to the best of its knowledge and belief it has fully and accurately disclosed to DEQ
all information known to Prospective Developer and all information in the possession or control
of its officers, directors, employees, contractors and agents which relates in any way to any past
24
South Saunders Street Assemblage/21050-17-092/28Apr2023

use of regulated substances or known contaminants at the Brownfields Property and to its
qualification for this Agreement, including the requirement that it not have caused or contributed
to the contamination at the Brownfields Property.
XI. DEQ'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
22. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, 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
25
South Saunders Street Assemblage/21050-17-092/28Apr2023

contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
23. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
26
South Saunders Street Assemblage/21050-17-092/28Apr2023

24. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
25. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 22 through 24 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
26. In consideration of DEQ's Covenant Not To Sue in Section XI of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above -referenced Notice of Brownfields Property.
XIII. PARTIES BOUND
27. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party's signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
27
South Saunders Street Assemblage/21050-17-092/28Apr2023

XIV. DISCLAIMER
28. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer's duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
29. Except for the land use restrictions set forth in paragraph 13 above and NCGS §
130A-310.33(a)(l)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XV. DOCUMENT RETENTION
30. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
South Saunders Street Assemblage/21050-17-092/28Apr2023

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
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XVI. PAYMENT OF ENFORCEMENT COSTS
31. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section VI (Work to be Performed) and Section
VII (Land Use Restrictions), it shall be liable for all litigation and other enforcement costs
incurred by DEQ to enforce this Agreement or otherwise obtain compliance.
XVII. NOTICES AND SUBMISSIONS
32. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information or delivery method, all notices and submissions pursuant to this
Agreement shall be sent by prepaid first-class U.S. mail or courier service, as follows:
a. for DEQ:
Brownfields Property Management Unit (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
29
South Saunders Street Assemblage/21050-17-092/28Apr2023

b. for Prospective Developer:
Christopher L. Woody II (or successor in function)
CS Smith, LLC
2321 Blue Ridge Road, Suite #202
Raleigh, NC 27607
Notices and submissions sent by prepaid first-class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVIII. EFFECTIVE DATE
33. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ's approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in NCGS § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and to invalidate its signature on this Agreement.
XIX. TERMINATION OF CERTAIN PROVISIONS
34. If any Party believes that any or all of the obligations under Section VIII
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
30
South Saunders Street Assemblage/21050-17-092/28Apr2023

written agreement from the other Party to terminate such provision(s).
XX. CONTRIBUTION PROTECTION
35. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
36. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
37. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XXI. PUBLIC COMMENT
38. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
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
31
South Saunders Street Assemblage/21050-17-092/28Apr2023

withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.
IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Bruce Nicholson, Chief
Brownfields Redevelopment Section
Division of Waste Management
IT IS SO AGREED:
CS Smith, LLC
By:
Christopher L. Woody II
Manager
Date
Date
32
South Saunders Street Assemblage/21050-17-092/28Apr2023

EXHIBIT 1
�.., � �I• � w Tf.
"34�-
AL-
00
Ilk
Ir Ad�11. _ f.c � r. ���'.'IP'...rt-
$�iQ 4 i
:.. I TOM'$
JIM
APPROXIMATE
N 0 2000 4000
SCALE IN FEET
U.S.G.S. QUADRANGLE MAP
RALEIGH WEST, NORTH CAROLINA, 2002
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)
�I 1
- I
I M1�4

Exhibit 2
Brownfields Property Name: South Saunders Street Assemblage
Brownfields Project Number: 21050-17-092
The following tables set forth, for contaminants present at the Brownfields Property
above unrestricted use standards or screening levels as reported in the Environmental Reports in
paragraph 4 of the Brownfields Agreement to which this is an exhibit, the concentration found at
each sample location, and the applicable standard or screening level. Screening levels and
standards are shown for reference only and are not set forth as cleanup or mitigation levels for
purposes of this Agreement.
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 /L
Standard
(µg/L)
Benzene
MW-7/Du -1
12/13/2018
36.9/45.0
1
Bis(2-ethylhexyl)phthalate
12/11/2019
3
TMW_2
9 3
Bromodichloromethane
TMW-9
12/12/2019
1.90
0.6
Chromium, total
TMW-6
12/12/2019
17.5
10
Eth lbenzene
TMW-3/Du -GW
12/12/2019
1,520/1,430
600
1-Methylnaphthalene
MW-3
12/13/2018
3.17
1
MW-7/DUP-1
12/13/2018
5.08/5.02
TMW-2
12/11/2019
61.1
TMW-3/DUP-GW
12/12/2019
134/138
2-Methylnaphthalene
TMW-2
12/11/2019
83.0
30
TMW-3/DUP-GW
12/12/2019
200/201
Naphthalene
MW-3
12/13/2018
120
6
TMW-2
12/11/2019
303
TMW-3/DUP-GW
12/12/2019
1,290/1,290
Tetrachloroethene
TMW-1
12/11/2019
2.90
0.7
TMW-4
12/12/2019
6.00
Toluene
TMW-3/DUP-GW
12/12/2019
707/664
600
Xylenes (total)
TMW-2
12/11/2019
627
500
TMW-3/DUP-GW
12/12/2019
9,920/9,250
Note: Laboratory reporting limits were elevated above NC 2L groundwater standards for one or more of
the groundwater contaminants listed above in groundwater samples collected from wells MW-3, MW-7,
TMW-1, TMW-2, TMW-3, TMW-4, TMW-5, TMW-6, TMW-7, TMW-8, and TMW-9; therefore, the
contaminants on this table may be present in these samples above their respective NC 2L standard, but
this is unknown due to the elevated reporting limits.
South Saunders Street Assemblage/21050-17-092/27Mar2023

GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are contained
in the Division of Waste Management Vapor Intrusion Guidance, Residential Vapor Intrusion
Screening Levels (VISL) (January 2023 version):
Groundwater
Contaminant with
Potential for Vapor
Intrusion
Sample Location
Date of
Sampling
Concentration
Exceeding
Screening
Level /L
Residential VI
Screening Level'
(µgo )
Acetone
TMW-6
12/12/2019
10.3J
NSE
Benzene
MW-7/DUP-1
12/13/2018
36.945.0
1.6
Bromodichloromethane
TMW-9
12/12/2019
1.90
0.88
n-Butylbenzene
12/13/2018
NSE
MW-7 DUP-1
5.51J 8J08
sec-Butylbenzene
12/13/2018
NSE
MW-7 DUP-1
5.56/8 04
tert- Butylbenzene
MW-3
12/13/2018
2.11 J
NSE
MW-7/DUP-1
3.12J/4.28J
TMW-2
9.30
TMW-4
0.423J
TMW-6
1.48J
TMW-7
0.526J
Chloroform
TMW-9
12/12/2019
13.9
0.81
Etylbenzene
12/13/2018
7.
3.5
MW 7 DUP-1
10.7312.9
TMW-2
12/11/2019
202
TMW-3DUP-GW
12/12/2019
1,520/1,430
-Iso ro ltoluene
MW-7/DUP-1
12/13/2018
5.45/7.01
NSE
1-Methylnaphthalene
MW-3
12/13/2018
3.17
NSE
MW-7/DUP-1
5.08/5.02
TMW-2
12/11/2019
61.1
TMW-3DUP-GW
12/12/2019
134/138
2-Methylnaphthalene
12/13/2018
5.7.096185
NSE
MW 7 DUP-1
TMW-2
12/11/2019
83.0
TMW-3DUP-GW
12/12/2019
200/201
Naphthalene
MW-3
12/13/2018
120
4.6
TMW-2
12/11/2019
303
TMW-3DUP-GW
12/12/2019
1,290/1,290
South Saunders Street Assemblage/21050-17-092/27Mar2023
2

Groundwater
Concentration
Residential VI
Contaminant with
Sample Location
Date of
Exceeding
Screening Level'
Potential for Vapor
Sampling
Screening
(µgo )
Intrusion
Level /L
Xylene (total)
TMW-2
12/11/2019
627
77
TMW-3/DUP-GW
12/12/2019
1 9,920/9,250
' Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NSE — Screening level or regulatory standard not established.
Note: Laboratory reporting limits were elevated above NC 2L groundwater standards for one or more of
the groundwater contaminants listed above in groundwater samples collected from wells MW-3, MW-7,
TMW-1, TMW-2, TMW-3, TMW-4, TMW-5, TMW-6, TMW-7, TMW-8, and TMW-9; therefore, these
contaminants may be present in these samples above their respective VISL, but this is unknown due to the
elevated reporting limits.
South Saunders Street Assemblage/21050-17-092/27Mar2023

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
ExceedingScreening
Screening
Level
(mg/kg)
Residential
Level'
(mg/kg)
Arsenic
Area 8W
1-2
6/6/2022
1.1
0.68
Area 2W
1-2
6/6/2022
1.5
SB-3
2-3
12/12/2019
1.32
SB-4
2-3
3.22
SB-5
1-2
2.31
SB-7
5-6
12/11/2019
4.53
SB-8
1-2
12/12/2019
3.34
SB-9
1-2
12/10/2019
2.94
SB-10
2-3
12/12/2019
1.36
SB-11
1-2
12/10/2019
9.84
SB-13
1-2
1.38
SB-14
1-2
12/11/2019
1.95
SB-15
1-2
2.53
SB-17
1-2
0.893
SB-18
1-2
12/10/2019
0.861
SB-19
1-2
12/11/2019
1.49
SB-20
1-2
1.20
UST-Bottom-051222
0-1
5/12/2022
1.0
Benzo(a)anthracene
SB-7
5-6
12/11/2019
13.6
1.1
SB-9
1-2
12/10/2019
5.4
Benzo(a)pyrene
SB-7
5-6
12/11/2019
13.3
0.11
SB-9
1-2
12/10/2019
4.6
Benzo(b)fluoranthene
SB-7
5-6
12/11/2019
16.9
1.1
SB-9
1-2
12/10/2019
6.3
Benzo(g,h,i)perylene
SB-7
5-6
12/11/2019
11.1
NSE
SB-9
1-2
12/10/2019
2.8
Cadmium
SB-7
5-6
12/11/2019
3.34
1.4
SB-9
1-2
12/10/2019
3.93
SB-11
1-2
1.83
South Saunders Street Assemblage/21050-17-092/27Mar2023
4

Soil
Contaminant
Sample Location
Depth
(ft)
Date of
Sampling
Concentration
ExceedingScreening
Screening
Level
m /k
Residential
Level'
(mg/kg)
1,4-Dichlorobenzene
UST-Bottom-051222
0-1
5/12/2022
7.4
2.8
Hexavalent Chromium
DUP-SOIL SB-2
1-2
12/12/2019
<0.332
0.31
SB-4
2-3
0.310 J
SB-7
5-6
12/11/2019
1.23
SB-9
1-2
12/10/2019
4.85
SB-10
2-3
12/12/2019
<0.314
SB-11
1-2
12/10/2019
0.649 J
SB-13
1-2
0.476 J
SB-14
1-2
12/11/2019
0.488 J
SB-18
1-2
12/10/2019
0.565 J
SB-19
1-2
12/11/2019
0.684 J
SB-20
1-2
<0.353
Tem -AST-081022
1-2
8/10/2022
0.458 J
UST-Bottom-051222
0-1
5/12/2022
1.19 J
Indeno(1,2,3-cd)pyrene
SB-7
5-6
12/11/2019
9.2
1.1
SB-9
1-2
12/10/2019
2.5
Lead
SB-4
2-3
12/12/2019
1,870
400
SB-7
5-6
12/11/2019
723
SB-11
1-2
12/10/2019
1,320
Phenanthrene
SB-7
5-6
12/11/2019
8.8
NSE
SB-9
1-2
12/10/2019
9.3
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
J — estimated value between the method detection limit and the laboratory reporting limit
NSE — No screening level established
South Saunders Street Assemblage/21050-17-092/27Mar2023

SUB -SLAB VAPOR
Sub -slab vapor 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 version):
Sub -Slab Vapor
Contaminant
Sample Location
Date of
Sampling
Concentration
Exceeding
Screening
Level /m3
Residential
Screening
Level'
/m3
Benzene
12/12/2018
12
SSVP-4/DUP-I
2304490
Carbon Tetrachloride
12/12/2018
16
SSVP-5
47
Chloroform
12/12/2018
4.1
SSVP-4/DUP-I
130/ <9.8
1,3-Dichlorobenzene
SSVP-6
12/12/2019
1.3
NSE
1, 1 -Dichloroethane
12/12/2018
300
58
SSVP-4/DUP-I
360/320
1,1-Dichloroethene
12/12/2018
,020,600
1,400
SSVP 4/D/DUP-1
2,90
Ethanol
SSVP-1
12/12/2018
37
NSE
SSVP-2
48
SSVP-4/DUP-1
390 490
SSVP-5
160
SSVP-6
3,000
12/12/2019
SSVP-8/DUP-2
510/480
Eth lbenzene
SSVP-4/DUP-1
12/12/2018
1,300/1,100
37
4-Ethyltoluene
SSVP-4/DUP-1
12/12/2018
2,800/2,400
NSE
SSVP-5
17
SSVP-6
16
SSVP-7
12/12/2019
24
SSVP-8/DUP-2
1.6/1.6
DUP-1 SSVP-4
110
Tetrachloroethene
(PCE)
12/12/2018
570
280
SSVP-6
SSVP-7
12/12/2019
7,000
1, 1, 1 -Trichloroethane
SSVP-3
12/12/2018
50,000
35,000
Trichloroethene (TCE)
SSVP-1
12/12/2018
550
14
DUP-1 SSVP-4
12/12/2018
32
South Saunders Street Assemblage/21050-17-092/27Mar2023

Sub -Slab Vapor
Contaminant
Samle Location
p
Date of
Sampling
Concentration
Exceeding
Screening
Level /m3
Residential
Screening
Level'
/m)
Trichlorofluoromethane
(Freon 11)
SSVP-1
12/12/2018
1.6 J
NSE
SSVP-2
2.J
SSVP-5
L1 J
SSVP-6
1.3 J
SSVP-8/DUP-2
12/12/2019
1.1 J/1.1 J
1,2,4-Trimeth lbenzene
SSVP-4/DUP-1
12/12/2018
2,800/2,400
420
1,3,5-Trimeth lbenzene
SSVP-4/DUP-1
12/12/2018
1,700/1,400
420
m& -X lenes
SSVP-4/DUP-1
12/12/2018
8,000/6,800
700
o-X lene
SSVP-4/DUP-1
12/12/2018
4,800/4,100
700
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
2Acetone was detected in every sub -slab sample collected; 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 limit. Therefore, acetone data is not summarized on this table, but
remain available in the reports related to this property.
J — estimated value between the method detection limit and the laboratory reporting limit
NSE — Screening level or regulatory standard not established.
Note: Laboratory reporting limits were elevated above DWM Vapor Intrusion Screening Levels for
chloroform in sub -slab vapor samples collected from sample locations SSVP-3 and SSVP-7, and for
naphthalene in sub -slab vapor samples collected from sample locations SSVP-3, SSVP-4 and its
duplicate, and SSVP-7; therefore, these contaminants may be present in these samples above their
respective VISL, but this is unknown due to the elevated reporting limits.
South Saunders Street Assemblage/21050-17-092/27Mar2023

SURFACE WATER
Surface water contaminants (in micrograms per liter, the equivalent of parts per billion),
the unrestricted use standards for which are contained in Title 15A of the North Carolina
Administrative Code, Subchapter 213, Rule .0208 (July 26, 2021 version):
Concentration
Surface Water Contaminant
Sample
Location
Date of
Sampling
Exceeding
Standard
Standard
(µg/L)
(µg/L)
SW-1
10.7
bis(2-Ethylhexyl)phthalate
12/12/2019
51
SW-2/Duplicate
9.5/12.6
SW-3
12.5
Rocky Branch Creek is Classified as C; NSW with Stream Index: 27-34-6 and in the Neuse River Basin.
1 No NC Administrative Code, Subchapter 2B, Rule .0208 established, value shown is the freshwater in -
stream target value for all waters (class C) dated June 2019
STREAM SEDIMENT
Stream sediment 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):
Concentration
Residential
Soil
Sample
Depth
Date of
Exceeding
Screening
Contaminant
Location
(ft)
Sampling
Screening
Level'
Level
(mg/kg)
(mg/kg)
Acena hth lene
SED-3
0-1
12/12/2019
0.15 J
NSE
Arsenic
SED-2
0-1
12/12/2019
1.36
0.68
Benzo a rene
SED-3
0-1
12/12/2019
0.20 J
0.11
Benzo ,h,i e lene
SED-3
0-1
12/12/2019
0.16 J
NSE
Hexavalent
SED-2
0-1
12/12/2019
0.954 J
0.31
Chromium
DUP-SED
SED-2
0-1
12/12/2019
0.13 J
NSE
Phenanthrene
DUP-SED
SED-3
0-1
12/12/2019
0.12 J
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
J — estimated value between the method detection limit and the laboratory reporting limit
NSE — Screening level or regulatory standard not established.
South Saunders Street Assemblage/21050-17-092/27Mar2023

SURVEYOR'S NOTES
1. THIS PLAT REPRESENTS A EXHIBIT B TO THE NOTICE OF BROWNFIELDS PROPERTY.
2. THIS SURVEY HAS NOT BEEN PREPARED WITH THE BENEFIT OF A REPORT OF TITLE.
3. BEARINGS FOR THIS SURVEY ARE BASED ON NC GRID COORDINATES NAD 83 (2011) BASED
ON REAL TIME KINEMATIC GPS OBSERVATIONS TAKEN NOVEMBER 2020.
4. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES.
5. AREA COMPUTED BY THE COORDINATE METHOD.
6. SUBJECT PROPERTIES KNOWN A PARCEL NUMBERS: AS SHOWN.
7. ZONING: PD
8. FLOOD NOTE: THIS PROPERTY IS PARTIALLY LOCATED IN A SPECIAL FLOOD HAZARD ZONE
(SHFA) "AE". THE REMAINING PROPERTIES ARE LOCATED IN ZONE "X" AS DEFINED BY
F.E.M.A F.I.R.M COMMUNITY PANEL #3720170300K DATED JULY 19, 2022.
9. REFERENCES: DB 17428, PG 486; DB 16758, PG 2767; DB 16758, PG 2773; DB 16758, PG 2761;
DB 17288, PG 1501; DB 16872, PG 1643; DB 17330, PG 1278; DB 16872, PG 1662; DB 17071, PG
2741; DB 18091, PG 1831, BM 1993, PG 1186; BM 1997, PG 1295; HM 2, PG 76.
10. FIELD SURVEY WAS CONDUCTED NOVEMBER 02 THROUGH NOVEMBER 24, 2020.
11. NO NCGS MONUMENT WAS FOUND WITHIN 2000' OF SITE.
GLOBAL POSITIONING SYSTEM (GPS) COORDINATES
WERE USED FOR THE BASIS OF BEARING ON THIS
PLAT. THE FOLLOWING INFORMATION WAS USED TO
PERFORM THE GPS GNSS SURVEY:
CLASS OF SURVEY: CLASS A
POSITIONAL ACCURACY 0.03(+/-)
TYPE OF GPS FIELD PROCEDURE: RTK, NCGS
REAL-TIME NETWORK (VRS)
DATE OF SURVEY: 11/20
DATUM/EPOCH: NAD83/2011
PUBLISHED /FIXED CONTROL USED: RALEIGH DOT
CORS ARP
GEOID MODEL: GEOID 12A
COMBINED SCALE FACTOR: 0.99990530
UNITS: U.S. SURVEY FEET
for the purposes of N.C.G.S. § 130A-310.35
Bruce Nicholson, Chief Date
Brownfields Redevelopment Section
Division of Waste Management
State of North Carolina
County of Wake
RECORDED IN BOOK OF MAPS 2023 PAGE
W SOUTH ST
CO
2
�O
�G
CO
� �FSTFnN
\ e4 �o
18
SITE
;zo
J 114 13 17 �A`
b12 ® 19 O�
10
O O OP
THE AREAS AND TYPES OF CONTAMINATION DEPICTED
HEREON ARE APPROXIMATIONS DERIVED FROM THE BEST
AVAILABLE INFORMATION AT THE TIME OF FILING. A LISTING
OF THE TECHNICAL REPORTS USED TO PREPARE THIS PLAT
ARE AVAILABLE IN THE BROWNFIELDS AGREEMENT FOR THIS
PROPERTY.
WeS�RN eC VO
DOROTHEA
DIX PARK
SITE
ZOO
co°P
ST
41.
VICINITY MAP
(NOT TO SCALE)
TRACT #
OWNER
ADDRESS
PIN#
REFERENCE
TRACT 1
CS SMITH, LLC
0 GREEN ST
PIN#
1703443170
DB
17071,
PG
2741
TRACT
2
CS SMITH LLC
1041
S SAUNDERS
ST
PIN#
1703442069
DB
18091,
PG
1831
TRACT
3
CS SMITH LLC
1035
S SAUNDERS
ST
PIN#
1703442220
DB
18091,
PG
1831
TRACT
4
CS SMITH LLC
0 S
SAUNDERS ST
PIN#
1703442235
DB
18091,
PG
1831
TRACT
5
CS SMITH LLC
1021
S SAUNDERS
ST
PIN#
1703442339
DB
17330,
PG
1278
TRACT
6
CS SMITH LLC
1021
S SAUNDERS
ST
PIN#
1703442374
DB
17330,
PG
1278
TRACT
7
PARIS
FAMILY PARTNERSHIP
LLC
1023
S SAUNDERS
ST
PIN#
1703443208
DB
16872,
PG
1643
TRACT
8
PARIS
FAMILY PARTNERSHIP
LLC
1025
S SAUNDERS
ST
PIN#
1703444351
DB
16872,
PG
1643
TRACT
9
PARIS
FAMILY PARTNERSHIP
LLC
1033
S SAUNDERS
ST
PIN#
1703443285
DB
16872,
PG
1643
TRACT
10
PARIS
FAMILY PARTNERSHIP
LLC
1031
S SAUNDERS
ST
PIN#
1703444149
DB
16872,
PG
1643
TRACT
11
PARIS
FAMILY PARTNERSHIP
LLC
1019
S SAUNDERS
ST
PIN#
1703443412
DB
16872,
PG
1643
TRACT
12
PARIS
FAMILY PARTNERSHIP
LLC
1029
S SAUNDERS
ST
PIN#
1703443344
DB
16872,
PG
1662
TRACT
13
PARIS
FAMILY PARTNERSHIP
LLC
1027
S SAUNDERS
ST
PIN#
1703444451
DB
16872,
PG
1662
TRACT
14
PARIS
FAMILY PARTNERSHIP
LLC
1019 MOUNT HOPE DRIVE
PIN#
1703443476
DB
16872,
PG
1643
TRACT
15
CS SMITH LLC
1017
S SAUNDERS
ST
PIN#
1703442592
DB
17288,
PG
1501
TRACT
16
CS SMITH LLC
1015
S SAUNDERS
ST
PIN#
1703442683
DB
17288,
PG
1501
TRACT
17
CS SMITH LLC
0
DAWSON ST
PIN#
1703445451
DB
16758,
PG
2761
TRACT
18
KL PCS
PHASE 1 OWNER LLC
927
S SAUNDERS
ST
PIN#
1703444767
DB
18866,
PG
389
TRACT
19
CITY OF RALEIGH(STREET CLOSED)
MOUNT HOPE DRIVE
N/A
BM 1911
CLOSING RES.
PG 116
(2021-261)
TRACT
20
CITY OF RALEIGH
ROCKY
BRANCH CREEK DR
N/A
BM
2021
PG
2361
I, JAMES M. GELLENTHIN, CERTIFY THAT THIS MAP WAS DRAWN
UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY
SUPERVISION USING THE DEED DESCRIPTIONS SHOWN HEREON; THAT THE
BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM
INFORMATION FOUND IN BOOK AND PAGE AS SHOWN; THAT THE RATIO OF
PRECISION AS CALCULATED IS GREATER THAN 1:10,000; THAT THIS MAP
DOES REPRESENT AN OFFICIAL BOUNDARY SURVEY AND HAS BEEN
PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY
ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL THIS 25TH DAY
OF APRIL, 2023.
I ALSO CERTIFY TO THE FOLLOWING AS REQUIRED IN G.S. 47-30 (F)-(11): .`�� N C A
(D) THAT THE SURVEY IS OF ANOTHER CATEGORY, SUCH AS A ; O�?'�F•E S S•j ,/�Ii9''•
O
RECOMBINATION OF EXISTING PARCELS, A COURT -ORDERED SURVEY:O*
OTHER EXCEPTION TO THE DEFINITION OF SUBDIVISION. _ SEAL -
_ -'r L-3860
' o
U P,
NORTH
AMES M GE;'I
OLLLINA ENTH N REGISTRATION NUMBER L-3860 '.,�M"G' j1;
EXHIBIT B TO THE NOTICE OF
BROWNFIELDS PROPERTY - SURVEY PLAT
Z KCI ASSOCIATES OF N.C. SOUTH SAUNDERS STREET ASSEMBLAGE
ENGINEERS, SURVEYORS AND PLANNERS PROJECT NO. 21050-17-092
PROSPECTIVE DEVELOPER: CS SMITH, LLC
K C I OWNER: KL PCS PHASE 1 OWNER LLC (TRACT 18)
1 4505 FALLS OF NEUSE ROAD, FLOOR 4 OWNER: CS SMITH LLC (TRACT 1-6, 15-17)
ASSOCIATES OF RALEIGH, NC 27609 OWNER: PARIS FAMILY PARTNERSHIP LLC (TRACTS 7-14)
NORTH CAROLINA PHONE [phone] * FAX [phone] CITY OF RALEIGH, WAKE COUNTY, INC
C-0764
WAKE COUNTY REGISTRY REV: APRIL 27, 2023 SCALE: SHEET:
DATE: JUNE 30, 2022 1 NTS 1 OF

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30„ W 111.19'
N 14g5 65
WAKE COUNTY BOARD
OF EDUCATION
/-PIN# 1703437906
DB 6387, PG 87
CITY OF RALEIGH
PIN# 1703533433
DB 507, PG 286
TRACT
2
TRACT
1
WAKE COUNTY BOARD
OF EDUCATION
PIN# 1703533907
DB 6387, PG 87
J
Q
WLu�rn N
3 J J M U
UW�047
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NO2'28'34"E 179.45'
s6-20�
TRACT TRACT
TRACT 4 5
3
TRACT
6
1-STORY
FRAME
SHEDS
TRACT
7 TRACT
11
TRACT
12
TRACT
9
TRACT
10
rS
TRACT w_TRACT
CITY - ALEIGH
STREET CLOSING STC-02-2021
RES53&TION NO (2021-261)
DIX P2 OWNER LLC
MACK REAL ESTATE
GROUP LLC
PIN# 1703440428
DB 18838 PG 258
L1
N
TRAC>\\ T
15
DIX P2 OWNER LLC
MACK REAL ESTATE
GROUP LLC
PIN# 1703440642
DB 18838 PG 248
I
DIX P2 OWNER LLC
MACK REAL ESTATE
GROUP LLC
PIN# 1703441629
DB 18838 PG 248
ROSCOE STRICLAND
CHARLES RAMM
PIN# 1703441747
DB 7018, PG 756
� Sq BNDERS ST
L6 �� w� PUBLI REST
®
8
51'
SSVP-3%
L9 L1p
'-AST-081022
SB-17
•B-14i
•
Lll
SSVP-2 SSVP
J
SSVP-5
TRACT
® %
OSB-15
20
SSVP-4
TMW-4
SB-18
.2
NC GRID NORTH (NAD 83)
ROSCOE STRICLAND
CHARLES RAMM
PIN# 1703441857 �Qiy
DB 7018, PG 754 e?�'
SALLIE B GUTHRIE /y
PIN# 1703441975 raTy�`
DB 16996, PG 772
TMW-3
13
CITY OF RALEIGH
o PIN# 1703452220
�\DB 4596, PG 748
C5 /
SB-13 TMW-2
14
SB-19 TMW-6(& SSVP-8 ® L15
Ci C6
TRACT �4 UST-BOTTOM-051222 O SB-10 /
TMW-7� O SW -1 /
ROCKY BRANCH A
CREEK DRIVE 1 TRACT s6-3 ®ssvP-7 /Q /
18
� AREA 8W
(51' PUBLIC R/W) • �� Q/PC�� /
AREA 2W
RELOCATION f ti0
SOILAREA FOR SB-5 TMW-1
Og'�J
A„
TOTAL BROWNFIELDS
�> PROPERTY
�p TR
S4'45'10"W 123.32'EQR\v��i 19
��* NpP i ��
RO�Ei TRACT "F
`9 Mp NN�MP / 17
r
+c" gcy�ti
OT C,
4\
EX. 20' CITY OF
RALEIGH SANITARY
SEWER EASEMENT
(DB 1011, PG 40)
WAKE COUNTY BOARD
OF EDUCATION
PIN# 1703545365
DB 6387, PG 87
S
XJR`f.
\ $� 2IQ
n /
j
m /
Qma
V 4
a o
�Ng
412, 273 SF �� �- -----' _-�' �.,/ r�� LEGEND
9.46AC ---- /
SED-2 ��� .+�
__ ,/ ® FOUND CONCRETE MON
(SEE SHEET 1 - 3W_2� % 2�6g0 g� CALCULATED POINT
FOR OWNER DETAILS),-,� v , - - Og �� ,,� / O FOUND PROPERTY CORNER
2�11 / /��� a 9 SET PROPERTY CORNER
FIP FOUND IRON PIPE
TRACT 3 �1_10 / �. 0? BR P 0 G �/ �/y�P ry�o"'�,,/� FCP FOUND CAPPED PIPE
FPK FOUND PK NAIL
0G CIDCALCULATED POINT
BROWNFIELDS PROPERTY LINE
5� gF�,� ^�- - - - - - - EASEMENT LINE
OLD BOUNDARY LINE
FW FEMA FLOODWAY LINE
� SED-3 a
SW-3 S +� I NRP GATEWAY PARK LP 100-YR FEMA 100 YR FLOODPLAIN LINE
i �� J
I / ; PIN# 1703448901 p SOIL SAMPLE LOCATION
ssso2�.
POINT OF
BEGINNING
N: 734,572.70
E: 2,104,783.97
NAD 83(2011)
CURVE TABLE
CURVE #
RADIUS
ARC LENGTH
CHORD LENGTH
CHORD BEARING
Cl
1105.96
21.3T
21.3T
N12°09'33"E
C2
129.50'
30.83'
30.76'
N72'01'24"W
C3
180.50'
42.97'
42.87'
N72°01'24"W
C4
113.50'
18.37'
18.35'
S15'43'54"W
C5
186.50'
113.23'
111.50'
S02'58'35"W
C6
340.00'
42.85'
42.83'
S16'06'26"W
GRAPHIC SCALE
70 0 35 70 140
1 INCH = 70 FEET
LINE TABLE
LINE #
BEARING
DISTANCE
L1
S5'56'02"W
79.50'
L2
N10°49'57"E
59.21'
L3
S78'50'38"E
97.55'
L4
N24°47'49"E
51.00'
L5
S78°50'38"E
102.33'
L6
S11°33'23"W
26.49'
L7
S11o06'18"W
22.04'
L8
S11°39'08"W
42.79
L9
S11'26'12"W
37.26'
L10
S11"26'21"W
42.21'
L11
S11"47'00"W
33.16'
L12
S11"05'38"W
18.80'
BM 2UU2, NG I b9b
LINE TABLE
LINE #
BEARING
DISTANCE
L13
S20'22'10"W
97.75'
L14
S11°17'59"W
165.5V
L15
S11°29'24"W
30.78'
L16
S52'48'20"W
30.90'
L17
N73°3T22"W
32.93'
L18
S52'11'47"W
21.21'
L19
S52'11'47"W
27.26
L20
N05o47'52"E
51.22'
GROUNDWATER SAMPLE LOCATION
SUB -SLAB VAPOR SAMPLE LOCATION
SEDIMENT SAMPLE LOCATION
SURFACE WATER SAMPLE LOCATION
COMPOSITE SOIL SAMPLE LOCATION
. RELOCATION AREA FOR SOIL
ASSOCIATED WITH SAMPLES
SB-4, SB-7, SB-9 AND SB-11
EXHIBIT B TO THE NOTICE OF
BROWNFIELDS PROPERTY - SURVEY PLAT
Z KCI ASSOCIATES OF N.C. SOUTH SAUNDERS STREET ASSEMBLAGE
PROJECT NO. 21050-17-092
ENGINEERS, SURVEYORS AND PLANNERS
PROSPECTIVE DEVELOPER: CS SMITH, LLC
1 OWNER: KL PCS PHASE 1 OWNER LLC (TRACT 18)
4505 FALLS OF NEUSE ROAD, FLOOR 4 OWNER: CS SMITH LLC (TRACT 1-6, 15-17)
ASSOCIATES OF RALEIGH, NC 27609 OWNER: PARIS FAMILY PARTNERSHIP LLC (TRACTS 7-14)
NORTH CAROLINA PHONE [phone] * FAX [phone] CITY OF RALEIGH, WAKE COUNTY, NC
C-0764
REV: APRIL 27, 2023 SCALE: SHEET:
DATE: JUNE 30, 2022 1 1" = 70' 1 2 OF

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 (µ )
Standard
(JL9/L)
Benzene
MW-7/Du -1
12/13/2018
36.9145.0
1
Bis(2
12/11/2019
11.3
3
TMW-2
3
Bromodichloromethane
TMW-9
12/12/2019
1.90
0.6
Chromium, total
TMW-6
12/12/2019
17.5
10
Ethylbenzene
TMW-3/Dup-GW
12/12/2019
1,520/1,430
600
t-Methylnaphthalene
MW-3
12/13/2018
3.17
1
1V1W-7/DUP-I
12/13/2018
5.08/5.02
TMW-2
12/11/2019
61.1
TMW-3/DUP-GW
12/12/2019
134/138
2-Methylnaphthalme
TMW-2
12/11/2019
83.0
30
TMW-3/DUP-GW
12/12/2019
200/201
Naphthalene
MW-3
12/13/2018
120
6
TMW-2
12/11/2019
303
TMW-3/DUP-GW
12/12/2019
1,290/1,290
Tetrachloroethene
TMW-1
12/11/2019
2.90
0.7
TMW-4
12/12/2019
6.00
Toluene
TMW-3/DUP-GW
12/12/2019
7071664
600
Xylenes (total)
TMW-2
12/11/2019
627
500
TMW-3 DUP-GW
12/12/2019
9 920/9.250
Note: Laboratory- reporting limits were elevated above NC 2L groundwater standards for one or more of
the groundwater contaminants listed abo%T in groundwater samples collected from wells MW-3, MW-7,
TAM-1, TMW-2, TMW-3. TMW-4, TMW-5, TMW-6, TMW-7. TMW-8, and 1MW-9; therefore, the
contaminants m this table may be present in these samples above their respective NC 21, standard, but
this is unknown due to the elevated reporting limits -
SUB -SLAB VAPOR
Sub -slab vapor contaminants in micrograms per cubic meter, the screening levels for
which are derived from Residential Vapor Intrusion Screening Levels ofthe Division of Waste
Management (January 2023 version):
Sub -Slab Vapor
Contaminant
Sample Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (p imi)
Residential
Screening
Level`
(lu rm't)
Benzene
12+12r2018
44
12
SSVPDUP-1
230,190
Carbon Tetrachloride
SSVP-5
12r'12r2018
1$
16
Chloroform
12e12r2018
4.2
4.1
SSVP-0rDUP-1
1-_0 <9
" .8
1-Dichlorobenzene
SSVP-6
12/112019
1.3
NSE
1,1-Dichloroethane
12112r201$
5$
SSVP DUP-1
360r30
20
1,1-Dirlilaraethene
12+12r2018
27,000
1,400
SSVP-4DUP-1
2,900'2,600
Ethanol
SSVP-1
121112018
37
NSE
SSVP-2
48
SSVP-3
180 J
SSVP-4IDUP-1
390/490
SSVP-5
160
SSVP-6
3,000
SSVP-BIDUP-2
12112r2019
80
S1Q
Ethylbenzene
SSVP-4IDUP-1
1212,2019
1,300/1,100
37
4-Ethyltohrene
SSVPDUP-1
12r12r2018
2,900/2,400
NSE
SSVP-5
17
SSVP-6
16
SSVP-7
SS VP-SIDUP-2
DUP-1(SSVP-4)
12/122019
24
1.6i1.6
110
Tetrachloroethene
;PCE}
12r12/2018
570
2S0
SSVP-6
SSVP-7
12112r2019
7,000
1.1.1-Trichloroethane
I SSVP-3
12r12/201S
50000
35000
Trichloroethene (TCE)
SSVF-1
11112018
550
14
DUP-1 5VP 4
12f12r2018
32
Sub -Slab Vapor
Contaminant
Sample Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (lr fmi)
Residential
Screening
Level
(µ m'9)
Trichlorofluoromethane
(Freon 11)
SSVP-1
12112r2018
1.6 J
NSE
SSVP-2
2.5 J
SSVP-5
1.1 J
SSVP-6
1.3 J
SSVP-&OUP-2
1211212019
1.1 J11.1 J
1,2 4-Trimethylbenzene
SSVP-4.D1lJP-1
12/12/2018
2,800.r2,400
420
I3,5-Trimethylbenzene
SSVP-40UP-1
12/12/2018
1,700.+1,400
420
SSVP-40UP-1
12112/2018
8 000/6 800
700
o-X •lease
SSVP-4IDUP-1
121112018
4,900/4,100
700
'Screening levels displayed for non-carcimgens are for a hazard quotient equal to 0.2_ Screening levels
J:-p_a- ed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
AQeteLe was detected in every sub -slab sample collected; however, because acetone is a common
anal}rival laboratory introduced compound, the Soil Gas Screening Lm-al (SGSL) for acetone is no lancer
being published. The most recent Residential SGSL for acetone was 220,000 µgem` and none of the
detected concentrations exceeded this limit Therefore, acetone data is not summarized on this table, but
remain available in the report related to this properly.
J - estimated value between the method detection limit and the laboratory reporting limit
NSE - Screening level or regulatory standard not established.
Note: Laboratory reporting limits were elevated above DZ'M Vapor Intrusion Screening Levels for
emoroform in sub -slab vapor samples coffected from sample locations SSVP-3 wad SSVP-7, and for
naphthalene in sub -stab vapor samples collected from sample locations SS%P-3, SS%F 4 and its
duplicate, and SSSP-7; therefore, these contaminants may be present in these samples above their
respect ve is SL, but this is unknown due to the elevated reporting limits.
SURFACE WATER
Surface water contaminants (in micrograms per liter, the equivalent of parts per billion),
the unrestricted use standards for which are contained in Title 153 of the North Carolina
Administrative Code, Subchapter 2B, Rule .0208 (July 26, 2021 version):
Concentration
Surface Water Contaminant
Sample
Location
Date of
Sampling
Exceeding
Standard
Standard
(IL&,L)
Org'L)
SW-1
10.7
bis(_'-EthAhexvl)nhthalate
SW-2/Duplicate
121 M019
5'
9.5112-6
SW-3
12.5
Rocky Branch Creek is Classified as C; NSW with Stream Imdes_ 2 7-34-6 and in the Nease River Basin.
'No NC Adminis rative Cade, Subchapter 213, Rule .0205 established, value shown is the freshwater in -
stream target value far all waters (class C) dated June 2019
STREAM SEDIhIENT
Stream sediment contaminants in milligrams per kilogram (the equivalent of parts per
million), the screening levels for which are derived from the Preliminmy Residential Health -
Based Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund
Section (January 2023 version):
Concentration
Residential
Soil
Sample
Depth
Date of
Exceeding
Screening
Contaminant
Location
00
Sampling,
ScreeningLevel.'
Level
(m
(kf�
Acenaplithylene
SED-3
0-1
12i1212019
0.13 J
NSE
Arsenic
SED-2
0-1
12I212019
136
0.69
Benzo(a vzene
SED-3
0-1
12112/2019
020J
0.11
Benzo( lene
SED-3
0-1
12/12/2019
0.16J
NSE
Hexavalent
SED-2
0-1
12112/2019
0.954J
0-31
Chromium
UP-SED
SED-2
0-1
IV1212019
0.13 J
NSE
Phenanthrene
UP-SED
SED-3
0-1
12 X2019
0.12J
GROUNDWATER VAPOR IN-TRi;SION RISK
Groundwater contaminants with potential far vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are contained
in the Division of Waste Management Vapor Intrusion Guidance, Residential Vapor Intrusion
Screening Levels (%ZSL) (January 2023 version):
Groundwater
Contaminant with
Potential for Vapor
Intrusion
Sample Location
Date of
Sampling
Concentration
Exceeding
S creening
Level( orZ)
Residential VI
Screening Level'
(l+$rL)
Acetone
TMtV-6
1242 2419
10.31
NSE
Benzene
hfW-71)L'P-1
1113,2019
36.945.0
1.6
Bromodichloromethane
TMLV-9
121112019
1.90
O.SS
n-Butylbenzeue
12113/2018
MW-7IDUP-I
551J4.78J08
sec-Bunylbenzene
12113/2418
MW-7lDLY-1
5.5&9.04
tert-Butvibenzene
MW-3
12113/2018
2.11J
NSE
MW-7IDUP-1
3.12P4.28J
TMW-2
0423J
TMW-6
1.487
TMW-7
0.526J
Chloroform
TMW-9
12412019
139
0.81
E lbenzeue
MW-3
12113/2018
736
3.5
MW-7IDUP-1
10-71129
TMW-2
12i1112019
202
TMW-3IDUP-GW
12112/2019
152011,430
MW-7IDUP-1
12113/2019
5.45R-01
NSE
i-P.Ietl v naphtl alene
-MW--3
12113/2018
3-V
E
MW-7IDUP-1
5.0815.02
TMW-2
12111/2019
61.1
T41W-3,DUP-GW
12i12/2019
1341138
2 Meth ]naghthalet�
MWl 3
12113/2418
3-61
NSE
MQr-7/DUP-1
7.09R-95
TMW-2
12111/2019
93.0
T�41W-3/DUP-GW
12112/2019
2001201
Naphthalene
MW-3
12/13/2018
120
4.6
I TM%V--2
12-112019
303
T_%Mr-3iDUP-GW
12r1212019
1 1 90
Groundwater
Concentration
Residential VI
Contaminant with
Sample Location
p
Date of
Exceeding
Screening Level '
Potential for Vapor
Sampling
Screening
{yxg;L}
Intrusion
Level ( iL)
Xylene(total)
TMW-2
1211112019
627
77
TMW-31DUP-GW
121112019
9.92019 50
' Screening levels displayed far non< mogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a LOE-6 lifetime numm mial cancer risk.
NSE - Screening level or re-eulatory Amc ard not established.
Note: Laboratmv reporting limits were elevated above NC 2L groundwater standards for one or more of
the grotmdnater contaminants listed above in groundwater samples collected from wells MR'-3, M V-7,
Th1W-1, TMW-2, TMW-3, Tlv[W-4, TMRr-5, TMW-6, 71-A9V-7, TMW-8, and TMW-9; therefore, these
matammants may be present in these samples ahm-e their respective V'ISL, but this is nnlmomn dne to the
elevated reporting limits_
SOIL
Soil contaminants in milligrams per kilogram (the equivalent of pamper million), the
screening levels for which are derived from the Preliminary Residential Health -Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch o€DEQ's Superfund Section
(January 2023 wmion):
Soil
Contaminant
Sample Location
Depth
00
Date of
Sampling
Concentration
Exceeding
S Leeng
Residential
Screening
Level'
4rsenic
Area SW
1-2
61612022
11
0 68
Area21V
1-2
616/2022
15
SB-3
2-3
12/12/2419
132
SB-4
2-3
3.22
SB-5
1-2
231
SB-7
5-6
1211112419
4.33
SB-S
1-2
1211212419
334
SB-9
1-2
12J10i2419
294
S3-10
2-3
12112/2019
136
S3-11
1-2
1211012419
9.94
SB-13
1-2
138
SB-14
1-2
12i1112419
195
SB-15
1-2
253
SB-17
1-2
0.993
S3-18
1-2
12J10i2419
0-961
S3-19
1-2
1211112419
1.49
S B -20
1-2
120
UST-Botboma-051222
0-1
5112/2022
1-0
Benzo(a}anthracene
SB-7
5-6
12111CO19
13.6
1.1
SB-9
1-2
1211012419
5.4
Benzo(a)Pyrene
SB-7
5-6
1211112419
133
0.11
SB-9
1-2
12i1012019
4.6
Benzo(b)fluoranthene
SB-7
5-6
12i1112019
169
11
SB-9
1-2
12110i2019
6.3
Benzo(gti)perdene
SB-7
5-6
IV11QO19
11.1
NSE
SB-9
1-2
1211012419
2.8
Cadmium
SB-7
5-6
1211112419
334
11
SB-9
1-2
12110,2019
1
393
S3-11
1-2
1.83
Soil
Contaminant
Sample Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screen -Level'
Level
(m r1f
Residential
Screening
1,4-Dichlorobenzene
UST-Bottom-051222
0-1
5112/2022
7.4
2.8
Hemmalent Chromium
DUP-SOIL SB-2
1-2
1211212019
<0.332
1
SB-4
2-3
0310 J
SB-7
5-6
1211112019
123
SB-9
1-2
1211012019
4.85
SB-10
2-3
12112?2019
<0.314
SB-11
1-2
12i1Or2019
0.649 J
SB-13
1-2
D.476 J
SB-14
1-2
12111?2019
DA88 J
SB-18
1-2
12110r'2019
0565 J
SB-19
1-2
1211112019
0.68417
SB-20
1-2
<0.353
Tem AST-081022
1-2
V1012022
0.458 J
UST-Bottom-051222
0-1
5112/2022
1.19 J
(1 ,2,3
SB-7
5-6
12I112019
9.2
1 1
SB-9
1-2
12110r'2019
2.5
Lead
SBA
2-3
12112r'2019
1870
400
SB-7
5-6
1211112019
723
SB-11
1-2
12110r'2019
1,320
Phenantlaene
SB-7
5-6
12'I D2019
8.8
NSE
SB-9
1-2
12i1or2019
9.3
'Screening levels displayed fur are for a hazard quotient equal to 02_ Screening levels
dispbn-ed for carcinogens are for a LDE-6 lifetime incremental cancer risk.
J - estimated value between the method detection limit and the laboratcr3, reporting limit
NSE - No miee_ning level established
LAND USE RESTRICTIONS
NCGS 130A-310.35(a) requires recordation of a Notice of Brownfields Property ("Notice") that identifies any restrictions on the current and future use of a Brownfields Property that are necessary or useful to maintain the level of protection appropriate for the
designated current or future use of the property and that are designated in a Brownfields Agreement pertaining to the property. This survey plat constitutes one of three exhibits to the Notice pertaining to the Brownfields Property depicted on this plat and recorded at the
Wake County Register of Deeds' office. The exhibits to the Notice the Brownfields Agreement for the subject property, which is attached as Exhibit A to the Notice; a reduced version of this survey plat, which is attached as Exhibit B to the Notice; and a legal
description for the subject property, which is attached as Exhibit C to the Notice. The land use restrictions below have been excerpted verbatim from paragraph 13 of the Brownfields Agreement, and all paragraph letters/numbers are the same as those used in the
Brownfields Agreement. The following Land Use Restrictions are hereby imposed on the Brownfields Property and shall remain in force in perpetuity unless canceled by the Secretary of the North Carolina Department of Environmental Quality (or its successor in
function), or his/her designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e):
VII. LAND USE RESTRICTIONS
13. By way of the Notice of Brownfields Property referenced below in paragraph 17, Prospective Developer shall
impose the following land use restrictions under the Act, running with the land, to make the Brownfields Property suitable for
the uses specified in this Agreement while fully protecting public health and the environment instead of remediation to
unrestricted use standards. All references to DEQ shall be understood to include any successor in function.
Land Uses
a. No use may be made of the Brownfields Property other than for office, parking, retail, high -density residential,
greenway, open space, hotel, 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:
Office is defined as a place where business or professional services are provided.
ii. Parking is defined as the temporary accommodation of motor vehicles in an area designed for same.
iii. Retail is defined as the sale of goods or services products, or merchandise directly to the consumer or businesses and
g >P Y
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.
iv. High -Density Residential is defined as permanent dwellings where residential units are attached to each other with
g h' P g
common walls such as condominia apartments, group homes dormitories or boarding houses and an roe outside the dwelling
P � �' P g � Y property rh' g
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. Greenway is defined as a natural or constructed corridor traversing open space, which may be used for pedestrian or
bicycle passage. Greenways typically link areas of activity, such as parks, cultural features, or historic sites with each other and with
populated areas.
vi. Open Space is defined as land maintained in a natural or landscaped state and for uses such as natural resource
protection, riparian buffers, greenways, or detention facilities for stormwater.
vii. Hotel is defined as the provision of overnight lodging to paying customers, and associated food services, gym,
reservation, cleaning, utilities, parking and on -site hospitality, management and reception services.
viii. Commercial is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee, with the
exception of educational space and childcare facilities.
Specific Prohibitions
b. The Brownfields Property may not be used for childcare centers, adult care centers, or schools without the prior written
approval of DEQ.
C. The Brownfields Property may not be used for dry cleaning operations using chlorinated solvents.
d. No use of the southern portion of the Brownfields Property shall occur until the then owner of the Brownfields Property
conducts representative assessment to fill any DEQ-identified data gaps in that area to the written satisfaction of DEQ, pursuant to a
plan(s) approved in writing by DEQ. If DEQ believes the results of said assessment indicates site contaminants are present such that
the resulting environmental risk such contamination poses is unacceptable, the then owner of the Brownfields Property shall then
mitigate such risk pursuant to a plan approved in writing by DEQ and to DEQ's satisfaction.
Environmental Management Plan
e. Physical redevelopment of the Brownfields Property may not occur other than in accordance, as determined by
DEQ, with an Environmental Management Plan ("EMP") approved in writing by DEQ in advance (and revised to DEQ's written
satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes
redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and
environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form,
including without limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including without limitation those resulting from
contamination identified in paragraph 3 above and any contamination discovered during the additional assessment that may be required
by paragraph 12 above;
iii. contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered
potential sources of environmental contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators, soil
contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil before import to the Brownfields Property and
the disposition of all soil excavated from the Brownfields Property during redevelopment.
Redevelopment Summary Report
f. 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).
Demolition Activities
g. Unless compliance with this Land Use Restriction is waived in writing in advance by DEQ in relation to particular
buildings, demolition and/or renovation of any or all buildings on the Brownfields Property depicted on the plat component of the
Notice referenced in paragraph 17 below shall be in accordance with applicable legal requirements, including without limitation those
related to lead and asbestos abatement that are administered by the Health Hazards Control Unit within the Division of Public Health
of the North Carolina Department of Health and Human Services.
Groundwater
h. Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ
along with any measures DEQ deems necessary to ensure that the Brownfields Property will be suitable for the uses specified in
subparagraph 13.a. above while fully protecting public health and the environment. Should groundwater be encountered or exposed
during any activity on the Brownfields Property, it shall be managed in accordance with the DEQ-approved EMP outlined in
subparagraph 13A, or a plan approved in writing in advance by DEQ.
Soil
i. No activity that disturbs soil on the Brownfields Property may occur unless and until DEQ states in writing, in advance
of the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the
Brownfields Property will be suitable for the uses specified in subparagraph 13.a. above while fully protecting public health and the
environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance
of a scheduled repair (if only by email) of any such repair, or in emergency circumstances no later than the next business day, and that
any related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (EMP) as
outlined in subparagraph 13.e.
j. No residential 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 within the Brownfields Property,
as said area is depicted on the plat component of the Notice of Brownfields Property described in paragraph 17 below, that is not
covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways.
Vapor Intrusion
k. No enclosed building may be constructed on the Brownfields Property and no existing building, defined as those
depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 17 below, may be occupied until DEQ
determines in writing that:
i. the building is or would be protective of the building's users and public health from the risk of vapor intrusion based on
site assessment data, or a site -specific risk assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors into building features in accordance with the most recent
and applicable DWM Vapor Intrusion Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American
National Standards Institute (ANSI)/American Association of Radon Scientists and Technologists (AARST) standards, and that a
professional engineer licensed in North Carolina, as evidenced by said engineer's professional seal, is satisfied that the design is fully
protective of public health, and shall include a performance monitoring plan detailing methodologies and schedule, both of which are
subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ approval that includes as -built diagrams, photographs,
and a description of the installation, with said engineer's professional seal confirming that the engineer is satisfied that the system was
installed per the DEQ approved design. If any deviations from the system design were necessary during installation, then the report
shall include details on said deviations, as well as the engineer's seal certifying the VIMS, as installed, was installed in such a manner
so as to be fully protective of public health.
Surface Water
1. Surface water at the Brownfields Property may not be used for any purpose, other than in connection with legally
compliant storm water collection and reuse techniques, without the prior written approval of DEQ.
Property Access
in. Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields Property at the
direction of, or pursuant to a permit, order or agreement issued or entered into by DEQ, may be denied access to the Brownfields
Property for purposes of conducting such assessment or remediation, which is to be conducted using reasonable efforts to minimize
interference with authorized uses of the Brownfields Property.
Abandonment of Monitoring Wells
n. Within 60 days after the effective date of this Agreement or prior to land disturbance activities, whichever occurs first,
Prospective Developer shall abandon all monitoring wells, injection wells, recovery wells, piezometers and other manmade points of
groundwater access at the Brownfields Property in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative
Code, unless an alternate schedule is approved by DEQ. Within 30 days after doing so, the Prospective Developer shall provide DEQ
a report, setting forth the procedures and results.
Damage to wells
o. Except for the work related to subparagraph 13.n. above, 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
P. Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: "This
property is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Wake
County land records, Book , Page ." A copy of any such instrument shall be sent to the persons listed in Section XVII
(Notices and Submissions), though financial figures and other confidential information related to the conveyance may be redacted to
the extent said redactions comply with the confidentiality and trade secret provisions of the North Carolina Public Records Law. The
owner may use the following mechanisms to comply with the obligations of this paragraph: (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
q. 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; and
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.
Land Use Restriction Update
r. During January of each year after the year in which the Notice referenced below in paragraph 17 is recorded, the owner
of any part of the Brownfields Property as of January 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU")
to DEQ, and to the chief public health and environmental officials of Wake County, certifying that, as of said January 1 st, the Notice
of Brownfields Property containing these land use restrictions remains recorded at the Wake County Register of Deeds office and that
the land use restrictions are being complied with. If the property is transferred, the grantor shall submit a LURU (as outlined above)
which covers the period of time 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; and
iii. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 13.k.ii. 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.
for the purposes of N.C.G.S. § 130A-310.35
Bruce Nicholson, Chief
Brownfields Redevelopment Section
Division of Waste Management
State of North Carolina
County of Wake
Date
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2 Screening levels
displayed for carcinogens are for a LDE-6 lifetime incremental cancer risk.
J - estimated value between the method detection limit and the laboratory reporting limit
NSE- Screening level or regulatory standard not established.

EXHIBIT C
LEGAL DESCRIPTION
A PARCEL OF LAND BEING COMPRISED OF PORTIONS OF LANDS OF CS SMITH LLC
(DB 16758 PG 2761, DB 17288 PG 1501, DB 17330 PG 1278, DB 18091 PG 1831, AND DB
17071 PG 2741), PORTION OF LANDS OF PARIS FAMILY PARTNERSHIP LLC (DB
16872 PG 1662, DB 16872 PG 1643), MOUNT HOPE DRIVE (UNIMPROVED); ROCKY
BRANCH CREEK DRIVE, AND LANDS OF KL PCS PHASE 1 OWNER LLC, ALL
LOCATED IN RALEIGH TOWNSHIP, WAKE COUNTY, NORTH CAROLINA AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 1" IRON BAR ON THE NORTHWESTERLY RIGHT OF WAY LINE OF
S DAWSON STREET (VARIABLE WIDTH); SAID POINT BEING THE SOUTHERN MOST
CORNER OF LANDS NOW OR FORMERLY OWNED BY NRP GATEWAY PARK LP (DB
10898 PG 818); SAID POINT HAVING NORTH CAROLINA STATE PLANE
COORDINATES (NAD 83) OF N:734,572.70, E:2,104,783.97;
THENCE ON THE NORTHWESTERLY LINE OF S DAWSON STREET THE FOLLOWING
8 CALLS:
(1) S 53°50'17" W A DISTANCE OF 22.36 FEET TO A POINT;
(2) S 41 °45'00" W A DISTANCE OF 292.41 FEET TO A FOUND IRON PIPE;
(3) S 52-11'47" W A DISTANCE OF 48.46 FEET TO A FOUND CONCRETE
MONUMENT;
(4) S 04°45'10" W A DISTANCE OF 123.32 FEET TO A POINT;
(5) S 45°57'00" W A DISTANCE OF 82.29 FEET TO A FOUND 1" IRON PIPE;
(6) S 44°54'20" W A DISTANCE OF 167.24 FEET TO A FOUND CONCRETE
MONUMENT;
(7) S 75°44'05" W A DISTANCE OF 43.79 FEET TO A FOUND CONCRETE
MONUMENT;
(8) N 78°27'36" W A DISTANCE OF 80.88 FEET TO A FOUND CONCRETE
MONUMENT ON THE EASTERLY LINE OF S SAUNDERS STREET (VARIABLE WIDTH
RIGHT OF WAY);
THENCE ON THE EASTERLY LINE OF S SAUNDERS STREET THE FOLLOWING 20
CALLS:
(1) N 14°55'30" W A DISTANCE OF 95.65 FEET TO A FOUND CONCRETE
MONUMENT;
(2) N 06°04'02" W A DISTANCE OF 111.19 FEET TO A POINT;
1
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(3) N 02°28'34" E A DISTANCE OF 179.45 FEET TO A FOUND IRON PIPE;
(4) N 05°56'02" E A DISTANCE OF 79.50 FEET TO A POINT;
(5) ALONG A CURVE TO THE RIGHT A DISTANCE OF 21.37 FEET TO A FOUND
CONCRETE MONUMENT, SAID CURVE HAVING A RADIUS OF 1105.95 FEET, AND
WHOSE CHORD BEARS N 12009'33" E A DISTANCE OF 21.37 FEET;
(6) N 10°49'57" E A DISTANCE OF 59.21 FEET TO THE INTERSECTION WITH THE
SOUTH LINE OF ROCKY BRANCH CREEK DRIVE (51' PUBLIC RIGHT OF WAY)
(7) N 05°47'52" E A DISTANCE OF 51.22 FEET TO THE INTERSECTION WITH THE
NORTH LINE OF ROCKY BRANCH CREEK DRIVE;
(8) N 11° 33' 23" E FOR A DISTANCE OF 26.49 FEET TO A POINT;
(9) N 11 ° 06' 18" E FOR A DISTANCE OF 22.04 FEET TO A POINT;
(10) N 11° 39' 08" E FOR A DISTANCE OF 42.79 FEET TO A POINT;
(11) N 11° 26' 12" E FOR A DISTANCE OF 37.26 FEET TO A POINT;
(12) N 11° 26' 21" E FOR A DISTANCE OF 42.21 FEET TO A POINT;
(13) N 11° 4700" E FOR A DISTANCE OF 33.16 FEET TO A POINT;
(14) N 11° 05' 38" E FOR A DISTANCE OF 18.80 FEET TO A POINT,
(15) ALONG A CURVE TO THE RIGHT AN ARC DISTANCE OF 18.37 FEET TO A
POINT; SAID CURVE HAVING A RADIUS OF 113.50 FEET, AND WHOSE CHORD
BEARS N 150 43' 54" E FOR A DISTANCE OF 18.35 FEET;
(16) N 200 22' 10" E FORA DISTANCE OF 97.75 FEET TO A POINT;
(17) ALONG A CURVE TO THE LEFT AN ARC DISTANCE OF 111.50 FEET TO A
POINT; SAID CURVE HAVING A RADIUS OF 186.50 FEET, AND WHOSE CHORD
BEARS N 020 58' 35" E FOR A DISTANCE OF 111.50 FEET;
(18) N 110 17' 59" E FORA DISTANCE OF 165.51 FEET TO A POINT;
(] 9) N 110 29' 24" E FORA DISTANCE OF 30.78 FEET TO A POINT;
(20) ALONG A CURVE TO THE LEFT AN ARC DISTANCE OF 42.85 FEET TO THE
INTERSECTION WITH THE SOUTH LINE OF JAMAICA DRIVE (BM 2002 PG 1698);
SAID CURVE HAVING A RADIUS OF 340.00 FEET, AND WHOSE CHORD BEARS N 16°
06' 26" E FOR A DISTANCE OF 42.83 FEET;
THENCE N 52048'20" E ON THE SOUTH LINE OF JAMAICA DRIVE, A DISTANCE OF
30.90 FEET TO A POINT;
THENCE S 73033'22" E CONTINUING ON THE SOUTH LINE OF JAMAICA DRIVE, A
DISTANCE OF 32.93 FEET TO FOUND 1" IRON PIN AT THE INTERSECTION WITH THE
2
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WESTERLY LINE OF SAID LANDS OWNED BY NRP GATEWAY PARK LP;
THENCE S 23009'54" E ON THE SAID WESTERLY LINE OF NRP GATEWAY PARK LP,
A DISTANCE OF 243.23 FEET TO A POINT;
THENCE S 23011009 E CONTINUING ON THE WESTERLY LINE OF NRP GATEWAY
PARK LP, A DISTANCE OF 276.90 FEET TO A FOUND CAPPED IRON BAR;
THENCE S 48034'04" E CONTINUING ON THE WESTERLY LINE OF NRP GATEWAY
PARK LP,A DISTANCE OF 41.36 FEET TO A FOUND 1" IRON PIPE;
THENCE S 30056'33" E CONTINUING ON THE WESTERLY LINE OF NRP GATEWAY
PARK LP,A DISTANCE OF 124.19 FEET TO FOUND 1" IRON BAR;
THENCE S 31 °03'50" E CONTINUING ON THE WESTERLY LINE OF NRP GATEWAY
PARK LP, A DISTANCE OF 124.89 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 412,273 SF (OR 9.46 ACRES) MORE OR LESS.
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