24017_Cameron Village Condominiums_PCPKG_20231025

Cameron Village Condominiums/24017-20-092/20231025

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NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Cameron Village Condominiums Brownfields Project Number: 24017-20-092 North Carolina’s Brownfields Property Reuse Act (the “Act”), North Carolina General Statutes (“NCGS”)
§ 130A-310.30 through 130A-310.40, provides for the safe redevelopment of abandoned, idled, or underused
properties at which expansion or redevelopment is hindered by actual or potential environmental contamination.
One of the Act’s requirements is the submittal of this Notice of Intent to Redevelop a Brownfields Property (“NI”)
that has been approved by the North Carolina Department of Environmental Quality (“DEQ”) for public notification
purposes as per NCGS § 130A-310.34(a). The NI shall provide, to the extent known, a legal description of the location
of the Brownfields Property, a map showing the location of the Brownfields Property, a description of the
contaminants involved and their concentrations in the media of the Brownfields Property, a description of the
intended future use of the Brownfields Property, any proposed investigation and remediation, and a proposed Notice
of Brownfields Property (“NBP”) prepared in accordance with NCGS § 130A-310.35. The proposed NBP for a
particular brownfields project is attached hereto. The proposed NBP includes the proposed Brownfields Agreement,
which is attached as Exhibit A, and the other required elements of this NI. A Summary of this Notice of Intent
(“SNI”) shall include a statement as to the public availability of the full NI. The party (“Prospective Developer”)
who desires to enter into a Brownfields Agreement with DEQ must provide a full copy of this NI to all local
governments having jurisdiction over the Brownfields Property.
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as
the day after which all of the following public notice tasks have occurred: the date the required SNI is: (1) published
in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2) conspicuously
posted at the Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written public comments may be submitted to DEQ within 30 days after the public comment
period begins. Written requests for a public meeting may be submitted to DEQ within 21 days after the public
comment period begins. These periods will start no sooner than November 1, 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

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SUMMARY OF NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY Brownfields Property Name: Cameron Village Condominiums Brownfields Project Number: 24017-20-092 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, CUSA N.C.
Holdings, L.P., 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 1801 Cameron Street,
Raleigh, NC, 27605. The Brownfields Property, which is the former site of multi-tenant condominiums, consists of
approximately 4.65 acres. Environmental contamination exists on the Brownfields Property in groundwater, soil, and
exterior soil gas, primarily from impacts from an off-site dry cleaner site. CUSA N.C. Holdings, L.P. has committed itself
to redevelop the Brownfields Property for no uses other than high-density rental residential, retail, recreation, associated
parking, and subject to prior DEQ written approval, other commercial uses. The Notice of Intent to Redevelop a Brownfields
Property includes: (1) a proposed Brownfields Agreement between DEQ and CUSA N.C. Holdings, L.P., 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 Oberlin Regional Library, 1930 Clark
Avenue, Raleigh, NC 27605 by contacting Robert Lambert at 919-856-6710 or at the offices of the N.C. Brownfields
Redevelopment Section, 217 West Jones Street, Raleigh, NC or by contacting Shirley Liggins at that address, at
[e-mail], or at [phone]. The full Notice of Intent to Redevelop a Brownfields Property may be
reviewed online at the DEQ public record database, Laserfiche, by entering the project number 24017-20-092 into the search
bar at the following web address: https://edocs.deq.nc.gov/WasteManagement/

The Act requires a public comment period of at least 30 days. The first day of public comment is defined as the day
after which all of the following public notice tasks have occurred: the date this Notice is: (1) published in a newspaper of
general circulation serving the area in which the Brownfields Property is located; (2) conspicuously posted at the
Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the Brownfields Property.
Written public comments may be submitted to DEQ within 30 days after the public comment period begins. Written requests
for a public meeting may be submitted to DEQ within 21 days after the public comment period begins. These periods will
start no sooner than November 1, 2023, and will end no sooner than the later of: 1) 30 and 21 days, respectively, after that;
or 2) 30 and 21 days, respectively, after completion of the latest of the three (3) above-referenced tasks, if such completion
occurs later than the date stated herein. All public comments and public meeting requests should be addressed as follows:

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

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Property Owner: CUSA N.C. Holdings, L.P. Recorded in Book ____, Page ____
Associated plat recorded in Plat Book ____, Page ____ NOTICE OF BROWNFIELDS PROPERTY Brownfields Property Name: Cameron Village Condominiums Brownfields Project Number: 24017-20-092 This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat component, have been filed this _____ day of __________________, 20___ by CUSA N.C. Holdings, L.P. (“Prospective Developer”). This Notice concerns contaminated property. A copy of this Notice certified by the North Carolina Department of Environmental Quality (“DEQ”) is required to be filed in the Register of Deeds’ Office in the county or counties in which the land is located, pursuant to North Carolina General Statutes (“NCGS”), § 130A-310.35(b). This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate the danger to public health or the environment posed by environmental contamination at a property (“Brownfields Property”) being addressed under the Brownfields Property Reuse Act of 1997, NCGS § 130A, Article 9, Part 5 (“Act”). Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified copy of this Notice within 15 days of Prospective Developer’s receipt of DEQ’s approval of the Notice or Prospective Developer’s entry into the Brownfields Agreement required by the Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the grantor index under the names of the owners of the land and, if Prospective Developer is not the owner, also under the Prospective Developer’s name. The Brownfields Property is located at 1801 Cameron Street, Raleigh, NC (Wake County Tax Parcel ID No. 1704126630) and comprises one parcel totaling approximately 4.65 acres. The Brownfields Property was formerly occupied by 12 low-density residential condominium
structures which were constructed in the 1940s. Prior to that, the Brownfields Property was

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undeveloped. Environmental contamination on the Brownfields Property stems from former on-site heating oil underground storage tanks (USTs) and off-site releases of dry cleaning solvents
from a former dry cleaner location on Cameron Street. The Prospective Developer has committed
to redeveloping the Brownfields Property for no uses other than high-density rental residential, retail, recreation, restaurant, associated parking, and subject to DEQ’s prior written approval, other commercial uses.
The Brownfields Agreement between Prospective Developer and DEQ is attached hereto as Exhibit A. It is required by NCGS § 130A-310.32 and sets forth the use that may be made of the Brownfields Property and the measures to be taken to protect public health and the environment. The Brownfields Agreement’s Exhibit 2 consists of one or more data tables reflecting the concentrations of and other information regarding the Brownfields
Property’s regulated substances and contaminants.
Attached as Exhibit B to this Notice is a reduction, to 8.5 inches x 11 inches, of the survey plat component of this Notice. This plat shows areas designated by DEQ, has been prepared and certified by a professional land surveyor, meets the requirements of NCGS § 47-30, and complies
with NCGS § 130A-310.35(a)’s requirement that the Notice identify:
(1) The location and dimensions of the areas of potential environmental concern with respect to permanently surveyed benchmarks.
(2) The type, location and quantity of regulated substances and contaminants known to
exist on the Brownfields Property.
Attached hereto as Exhibit C is a legal description of the Brownfields Property that would be sufficient as a description of the property in an instrument of conveyance.
LAND USE RESTRICTIONS
NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the current and future use of the Brownfields Property that are necessary or useful to maintain the level of protection appropriate for the designated current or future use of the Brownfields Property
and that are designated in the Brownfields Agreement. The restrictions shall remain in force in perpetuity unless canceled by the Secretary of DEQ (or its successor in function), or his/her designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e). All references to DEQ shall be understood to include any successor in function.
The land use restrictions below have been excerpted verbatim from paragraph 12 of the Brownfields Agreement, and all subparagraph letters/numbers are the same as those used in the Brownfields Agreement. The following land use restrictions are hereby imposed on the Brownfields Property:
Land Uses
a. No use may be made of the Brownfields Property other than for high-density rental

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residential, retail, recreation, restaurant, associated parking, and subject to DEQ’s prior written approval, other commercial uses. These land uses and their definitions below apply solely for
purposes of this agreement, and do not waive any local zoning, rule, regulation, or permit
requirements: i. “High-Density Rental Residential” is defined as for-rent-only permanent dwellings where residential units are attached to each other with common walls, such as
apartments, group homes, dormitories or boarding houses, and any property outside the dwelling
structures is usable by all residents and not privately owned as part of a particular unit (e.g., privately-owned courtyards are prohibited), and may include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages. Single family homes, townhomes, duplexes or other units with yards are prohibited.

ii. “Retail” is defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service, open air markets, festivals, food halls, and the sales of food and beverage products, including from mobile establishments such as food trucks.

iii. “Recreation” is defined as indoor and outdoor exercise-related, physically focused, or leisure-related activities, whether active or passive, and the facilities for same, including, but not limited to, studios, swimming or wading pools, splash pads, clubhouses, sports-related courts and fields, open space, greenways, parks, playgrounds, walking paths,
picnic and public gathering areas, campgrounds, boat docks, and marinas.
iv. “Restaurant” is defined as a commercial business establishment that prepares and serves food and beverages, including alcoholic beverages under all applicable local, state, and federal regulations, to patrons.

v. “Parking” is defined as the temporary accommodation of motor vehicles in an area designed for same. vi. “Commercial” is defined as an enterprise carried on for profit or nonprofit
by the owner, lessee or licensee, with the exception of educational space and childcare facilities.
Specific Prohibitions b. The Brownfields Property may not be used for dry cleaning operations using chlorinated solvents.

c. The Brownfields Property may not be used for childcare centers, adult care centers, or schools without the prior written approval of DEQ. Environmental Management Plan

d. Physical redevelopment of the Brownfields Property may not occur other than in accordance, as determined by DEQ, with an Environmental Management Plan (“EMP”)

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approved in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation: i. demolition of existing buildings, if applicable;

ii. issues related to known or potential sources of contamination, including without limitation those resulting from contamination identified in paragraph 3 above; iii. contingency plans for addressing, including without limitation the testing of
soil and groundwater, newly discovered potential sources of environmental contamination (e.g.,
USTs, tanks, drums, septic drain fields, oil-water separators, soil contamination); and iv. plans for the proper characterization and DEQ approval of both fill soil before import to the Brownfields Property and the disposition of all soil excavated from the Brownfields
Property during redevelopment.
Redevelopment Summary Report e. 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).

f. 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

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the Brownfields Property depicted on the plat component of the Notice referenced in paragraph 16 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
g. Groundwater at the Brownfields Property may not be used for any purpose without the
prior written approval of DEQ along with any measures DEQ deems necessary to ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public health and the environment. Should groundwater be encountered or exposed during any activity on the Brownfields Property, it shall be managed in accordance with
the DEQ-approved EMP outlined in subparagraph 12.d, or a plan approved in writing in advance
by DEQ. Soil h. No activity that disturbs soil on the Brownfields Property may occur unless and until
DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried
out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above-ground vegetation; iii. for repair of underground infrastructure, provided that DEQ shall be given
written notice at least seven days in advance of a scheduled repair (if only by email) of any such
repair, or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken; and iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined in subparagraph 12.d.
i. No use of the Brownfields Property may occur until the then owner of the Brownfields Property conducts representative final grade soil sampling, pursuant to a plan approved in writing by DEQ, of any area that is not covered by building foundations, sidewalks, or asphaltic
or concrete parking areas and driveways.
j. Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ, unless conducted in accordance with an approved EMP as outlined in paragraph 12.d.
Vapor Intrusion

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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 16 below, may be occupied until DEQ determines in writing that:
i. the building is or would be protective of the building’s users and public health from the risk of vapor intrusion based on site assessment data, or a site-specific risk assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors into building
features in accordance with the most recent and applicable DWM Vapor Intrusion Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American National Standards Institute (ANSI)/American Association of Radon Scientists and Technologists (AARST) standards, and that a professional engineer licensed in North Carolina, as evidenced by said
engineer’s professional seal, is satisfied that the design is fully protective of public health, and
shall include a performance monitoring plan detailing methodologies and schedule, both of which are subject to prior written DEQ approval; and 2. installed and an installation report is submitted for written DEQ
approval that includes as-built diagrams, photographs, and a description of the installation, with
said engineer’s professional seal confirming that the engineer is satisfied that the system was installed per the DEQ approved design. If any deviations from the system design were necessary during installation, then the report shall include details on said deviations, as well as the engineer’s seal certifying the VIMS, as installed, was installed in such a manner so as to be fully
protective of public health. Property Access l. Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or
entered into by DEQ, may be denied access to the Brownfields Property for purposes of
conducting such assessment or remediation, which is to be conducted using reasonable efforts to minimize interference with authorized uses of the Brownfields Property. Notification Upon Transfers

m. Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: “This property is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the 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

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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
n. None of the contaminants known to be present in the environmental media at the
Brownfields Property, as described in Exhibit 2 of this Agreement, and as modified by DEQ in writing if additional contaminants in excess of applicable standards are discovered at the Brownfields Property, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except:

i. in de minimis quantities for cleaning and other routine housekeeping and maintenance activities; ii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on-board tanks integral to said equipment or in flammable
liquid storage containers totaling no more than 25 gallons; and iii. as constituents of products and materials customarily used and stored in retail environments, provided such products and materials are stored in original retail packaging and
used and disposed of in accordance with applicable laws.
Damage to Wells o. 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, 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.
Land Use Restriction Update p. During January of each year after the year in which the Notice referenced below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the
chief public health and environmental officials of Wake County, certifying that, as of said
January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Wake County Register of Deeds office and that the land use restrictions are being complied with. If the property is transferred, the grantor shall submit a LURU (as outlined above) which covers the period of time they owned the property. The submitted LURU shall
state the following:
i. the Brownfields Property address, and the name, mailing address, telephone

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

iii. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 12.k. above are performing as designed, and whether the uses of the ground floors, including any tenant renovations, of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how, and under which precautions so as not to
interfere with the operation of said system.
iv. A joint LURU may be submitted for multiple owners by a duly constituted board or association and shall include the Brownfields Property address, and the name, mailing address, telephone number, and contact person’s e-mail address of the entity submitting the joint
LURU as well as for each of the owners on whose behalf the joint LURU is submitted.
v. A LURU submitted for rental units shall include enough of each lease entered into during the previous calendar year to demonstrate compliance with lessee notification requirements in paragraphs 17 and 18 of this agreement provided that if standard form leases are
used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual
leases. For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ Brownfields Property Management Branch referenced in subparagraph 31.a. of
Exhibit A hereto, at the address stated therein. ENFORCEMENT The above land use restrictions shall be enforceable without regard to lack of privity of
estate or contract, lack of benefit to particular land, or lack of any property interest in particular
land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The land use restrictions may also be enforced by DEQ through the remedies provided in NCGS § 130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having jurisdiction over any part of the Brownfields Property; and by any person eligible for liability
protection under the Brownfields Property Reuse Act who will lose liability protection if the
restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the
same violation or as to one occurring prior or subsequent thereto.

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FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Brownfields Property is sold, leased, conveyed or transferred,
pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the description section, in no smaller type than that used in the body of the deed or instrument, a statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a Brownfields Property under the Brownfields Property Reuse Act.

IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this _____ day of _______________, 20___.
CUSA N.C. Holdings, L.P.
By: __________________________________________
William W. Sengelman Manager NORTH CAROLINA
WAKE COUNTY I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ________________________________.
Date: ___________________ ___________________________________
Official Signature of Notary ___________________________________ (Official Seal) Notary’s printed or typed name, Notary Public
My commission expires: _____________________

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***********************************
APPROVAL AND CERTIFICATION OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY The foregoing Notice of Brownfields Property is hereby approved and certified.

North Carolina Department of Environmental Quality By: _________________________________________ ________________________
Bruce Nicholson, Chief Date
Brownfields Redevelopment Section Division of Waste Management

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EXHIBIT A

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: CUSA N.C. Holdings, L.P.
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Cameron Village Condominiums OF 1997, NCGS § 130A-310.30, et seq. ) 1801 Cameron Street Brownfields Project No. 24017-20-092 ) Raleigh, Wake County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and CUSA N.C. Holdings, L.P. (collectively the
"Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
seq. (the “Act”) for the property located at 1801 Cameron Street, Raleigh, Wake County (the
“Brownfields Property”). A map showing the location of the Brownfields Property that is the
subject of this Agreement is attached hereto as Exhibit 1.
The Prospective Developer is CUSA N.C. Holdings, L.P., a limited partnership,
headquartered at 11 Greenway Plaza, Suite 2400, Houston, TX, 77046. Its manager is William
W. Sengelman, of the same address.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section X (Certification), Section XI (DEQ’s Covenant Not to Sue and
Reservation of Rights) and Section XII (Prospective Developer’s Covenant Not to Sue), the
potential liability of CUSA N.C. Holdings, L.P. for contaminants at the Brownfields Property.
The Parties agree that CUSA N.C. Holdings, L.P.’s entry into this Agreement, and the

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actions undertaken by CUSA N.C. Holdings, L.P. in accordance with the Agreement, do not
constitute an admission of any liability by CUSA N.C. Holdings, L.P. for contaminants at the
Brownfields Property. The resolution of this potential liability, in exchange for the benefit
CUSA N.C. Holdings, L.P. 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 CUSA N.C. Holdings, L.P.
III. BROWNFIELDS PROPERTY INFORMATION SUMMARY
3. Relevant information about the history, ownership, and uses of the Brownfields
Property is provided in the following summary table. Refer to the Exhibit 2 to this Agreement
that presents data table(s) of the contaminants present at the Brownfields Property at
concentrations above their applicable standards or screening levels for each media sampled.
BROWNFIELDS PROPERTY INFORMATION SUMMARY
Parcel Address(es) & Parcel IDs
1801 Cameron Street (Parcel ID 1704126630); formerly part of Wake County PIN: 1704125771, which was subdivided on September 9, 2022.
Acreage Approximately 4.65 acres Current Property Owner CUSA N.C. Holdings, L.P.
Current Land Use(s) Currently under construction, but was formerly 12 multi-
tenant residential condominium buildings
Site Vicinity Land Use(s)
To the north, Cameron Street, with commercial parcels
beyond; to the east, Bellwood Drive with land designated as
park area with an unnamed tributary to Pigeon House Branch

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BROWNFIELDS PROPERTY INFORMATION SUMMARY
beyond; to the south, Clark Avenue, with residential area
beyond, and to the west, commercial parcels.
Proposed Reuse(s)
High-density rental residential, retail, recreation, restaurant,
associated parking, and subject to prior DEQ written approval, other commercial uses
Public Benefits of Reuse Job creation, tax base increase
Existing Land Use
Restrictions Prior to
Brownfields Agreement
Groundwater use is prohibited per the Notice of Dry-Cleaning Solvent Remediation for DCSA DC920013, recorded on
April 25, 2016, with the Wake County Register of Deeds (Book 016361, Page 02539-02546).

ENVIRONMENTAL INFORMATION SUMMARY
Historical Operations & Contaminant Sources
The Brownfields Property was formerly occupied by 12 low-density residential condominium structures which were constructed in the 1940s. Prior to that, the Brownfields
Property was undeveloped.
Potential onsite sources of contamination include former heating oil underground storage tanks (USTs). In September 2022, a 4,000-gallon UST containing approximately 250
gallons of liquid was found in the north-central portion of the
site. The UST was drained and the liquids, tank, and approximately 1,000 cy of surrounding suspect impacted soils were disposed of off the Brownfields Property.
There are three known off-site contaminant sources in the
vicinity of the Brownfields Property. The off-site contamination from the former York Property Facility and the former Newton’s Laundry and Cleaners do not appear to have impacted the Brownfields Property. The third site, NC Dry-
Cleaning Solvent Cleanup Act (DSCA) Program site
(DC920013), the former Medlin-Davis Cleaners, was located offsite at 1900 Cameron Street and has an associated tetrachloroethylene (PCE) groundwater plume which impacts the Brownfields Property.

Current Operations/Activities Construction of high density rental residential buildings and
associated parking
Contaminated Media
Soil: Arsenic, 1-methylnaphthalene, 2-methylnaphthalene, naphthalene, and phenanthrene in exceedance of the
Residential health based PSRGs were detected at the
Brownfields Property. Phenanthrene was detected but does

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ENVIRONMENTAL INFORMATION SUMMARY
not have an established PSRG.
Groundwater: PCE and trichloroethylene (TCE) concentrations were recorded in excess of their respective North Carolina Administrative Code Title 15A Subchapter 2L
(2L) groundwater standards. Total chromium was found in
excess of its 2L groundwater standard in a sample of groundwater that had daylighted during construction activities and had been collected from the ground surface. Chloroform samples were collected which exceed the Division of Waste
Management Residential Vapor Intrusion Screening Levels
(VISL). Surface Water: Surface water does not occur on the Brownfields Property although an unnamed tributary to
Pigeon House Branch is located east of the Brownfields
Property. Exterior Soil Gas: Chloroform, ethylbenzene, naphthalene, and PCE concentrations exceeded their respective residential
VISLs. 1,3-Dichlorobenzene, ethanol, 4-ethyltoluene, and
trichlorofluoromethane were detected in the samples collected; however, these compounds do not have established VISLs.
Sub-Slab Soil Vapor: Sub-slab soil vapor was not sampled
during the assessment phase of this project. Indoor Air: Indoor air samples were not collected during the assessment phase of this project.
ID Numbers/Permits
There are no regulatory incident numbers or permits associated with this Brownfields Property. There is one off-
site incident with impact to the Brownfields Property that is
documented as follows: DEQ DSCA - DC920013 former Medlin-Davis Cleaners (Site ID: NC099132919) PCE plume impacts Brownfields
Property.

Onsite Receptors Considered Residents, onsite workers, construction workers, visitors,
recreators, and trespassers.
Potential Offsite Receptors i. Water supply wells: There are no private water wells within

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ENVIRONMENTAL INFORMATION SUMMARY
Considered one mile of the Brownfields Property. There are no public
water supply wells or irrigation wells within 1,500 feet of the Brownfields Property. ii. Residential structures, churches, or childcare centers: There
are residential structures less than 100 feet away from the
Brownfields Property. Broughton High School is 250 feet east of the Brownfields Property. iii. Surface water: There are no surface water bodies located
on the Brownfields Property. However, there is an unnamed
tributary to Pigeon House Branch about 100 feet to the east of the Brownfields Property.
Potential offsite migration pathways
Groundwater: Groundwater impacted from releases at the Medlin-Davis Cleaners underlies the northern portion of the Brownfields Property and contaminants have been detected in groundwater that daylighted during construction activities in
the southern area of the Brownfield Property. PCE was
detected in samples collected from the unnamed tributary to Pigeon House Branch, but those concentrations were less than the NC 2B Surface Water Standard for PCE.
Soil Vapor: No anticipated offsite contaminant migration in
soil vapor based on exterior soil gas sampling conducted at the Brownfields Property.

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 1 ESA, Cameron Village Condominiums Hart and Hickman, PC December 11, 2019
Brownfields Assessment Report, Cameron Village Condominiums Hart and Hickman, PC November 5, 2020
Redevelopment Summary Report, Cameron Village Condominiums Hart and Hickman, PC June 12, 2023

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b. Other applicable off-site reports:
Title Prepared by Date of Report
Comprehensive Site Assessment, Cameron
Village
ATC Associates of North
Carolina, P.C. October 17, 2000
Final Monitoring Report, York Properties, 1900 Cameron Street S&ME, Inc. August 5, 2004
Annual Monitoring Report, York Properties, 1900 Cameron Street S&ME, Inc. October 24, 2006
Assessment Report, Medlin-Davis Cleaners, 2028 Cameron Street ATC Associates for North Carolina, P.C. March 15, 2011
Soil Gas and Groundwater Assessment Report, Medlin-Davis Cleaners, 2028 Cameron Street
ATC Associates for North Carolina, P.C. August 15, 2013
Risk Management Plan, Medlin-Davis Cleaners ATC Associates for North Carolina, P.C. November 6, 2015
Notice of Dry-Cleaning Solvent Remediation NC Department of Environment & Natural Resources April 25, 2016
Monitoring Well Abandonment Report, Medlin-Davis Cleaners ATC Associates for North Carolina, P.C. July 7, 2016
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 March 10, 2020, and a
revised BPA on May 20, 2020, and the following:
a. From January 14 through January 15, 2020, Prospective Developer purchased
the Brownfields Property from individual condominium owners;
b. In September 2020, the Prospective Developer commenced vapor intrusion
assessment activities, background soil sampling, and receptor survey activities in accordance with

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the DEQ-approved Brownfields Assessment Work Plan (Hart and Hickman, PC, August 21, 2020).
c. In 2021, the Prospective Developer commenced pre-construction and
construction activities in accordance with a DEQ-approved Environmental Management Plan as
required by subparagraph 12.d. below.
d. In June 2022, the Prospective Developer arranged for the export of
approximately 1,856 tons of soil from the Brownfields Property, to be disposed of at Triangle
Area Earth Corporation (TAE), in Zebulon, North Carolina.
f. From July-December 2022, the Prospective Developer arranged for the export
of approximately 19,992 tons of soil from the Brownfields Property to be disposed of at
Soilworks, Inc., in Selma, North Carolina.
g. In September 2022, the Prospective Developer arranged for the removal and
off-site disposal of a suspect heating oil UST and its contents that was discovered along the
eastern portion of the Brownfields Property.
h. In September 2022, the Prospective Developer sampled and arranged for the
discharge of groundwater that was encountered during the construction of the building and
parking garage in the central and southern portions of the Brownfields Property.
i. In October 2022, the Prospective Developer discharged approximately 42,045
gallons of containerized daylighted groundwater to the City of Raleigh’s (City) publicly-owned
treatment works (POTW) under permit with the City.
j. In March 2023, the Prospective Developer discharged approximately 9,374
gallons of containerized groundwater to the City of Raleigh’s publicly-owned treatment works
(POTW) under permit with the City.

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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.
7. The Parties agree that a $30,000 “Redevelopment Now” fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a

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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. the creation of approximately 175-200 construction jobs and approximately 10
full-time jobs after redevelopment is completed;
c. an increase in tax revenue for affected jurisdictions;
d. additional high-density rental residential, retail, recreation, restaurant,
associated parking, and subject to DEQ’s prior written approval, other commercial uses; and
e. “smart growth” through use of land in an already developed area, which avoids
development of land beyond the urban fringe (“greenfields”).
VI. WORK TO BE PERFORMED
9. The guidelines as embodied in their most current version, including parameters,
principles and policies within which the desired results are to be accomplished are (as to: field
procedures, laboratory testing, Brownfields Redevelopment Section requirements, and remedial
or mitigation measures):
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund
Section;
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Redevelopment Section Assessment Work Plan Checklist; and

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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
Environmental Management Plan (EMP) as specified in subparagraph 12.d. below.
VII. LAND USE RESTRICTIONS
12. By way of the Notice of Brownfields Property referenced below in paragraph 16,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.
Additionally, the land use restriction contained in the deed notification entitled Notice of Dry-
Cleaning Solvent Remediation recorded by Cameron Village Condominiums on the deed to the

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Brownfields Property on April 25, 2016, at the Wake County Register of Deeds office (Book
016361, Pages 02539-02546), and as attached hereto as Exhibit 3, shall remain in force.
Land Uses
a. No use may be made of the Brownfields Property other than for high-density
rental residential, retail, recreation, restaurant, associated parking, and subject to DEQ’s prior
written approval, other commercial uses. These land uses and their definitions below apply
solely for purposes of this agreement, and do not waive any local zoning, rule, regulation, or
permit requirements:
i. “High-Density Rental Residential” is defined as for-rent-only
permanent dwellings where residential units are attached to each other with common walls, such
as apartments, group homes, dormitories or boarding houses, and any property outside the
dwelling structures is usable by all residents and not privately owned as part of a particular unit
(e.g., privately-owned courtyards are prohibited), and may include related amenities, such as
pools, clubhouses, courtyards, common areas, recreation areas and parking garages. Single
family homes, townhomes, duplexes or other units with yards are prohibited.
ii. “Retail” is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
open air markets, festivals, food halls, and the sales of food and beverage products, including
from mobile establishments such as food trucks.
iii. “Recreation” is defined as indoor and outdoor exercise-related,
physically focused, or leisure-related activities, whether active or passive, and the facilities for
same, including, but not limited to, studios, swimming or wading pools, splash pads, clubhouses,

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sports-related courts and fields, open space, greenways, parks, playgrounds, walking paths,
picnic and public gathering areas, campgrounds, boat docks, and marinas.
iv. “Restaurant” is defined as a commercial business establishment that
prepares and serves food and beverages, including alcoholic beverages under all applicable local,
state, and federal regulations, to patrons.
v. “Parking” is defined as the temporary accommodation of motor
vehicles in an area designed for same.
vi. “Commercial” is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee, with the exception of educational space and childcare
facilities.
Specific Prohibitions
b. The Brownfields Property may not be used for dry cleaning operations using
chlorinated solvents.
c. The Brownfields Property may not be used for childcare centers, adult care
centers, or schools without the prior written approval of DEQ.
Environmental Management Plan
d. 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

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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;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil
contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment.
Redevelopment Summary Report
e. 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;

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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).
f. 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 16 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
g. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 12.a.
above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 12.d, or a plan approved in

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writing in advance by DEQ.
Soil
h. No activity that disturbs soil on the Brownfields Property may occur unless and
until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined in subparagraph 12.d.
i. No use of the Brownfields Property may occur until the then owner of the
Brownfields Property conducts representative final grade soil sampling, pursuant to a plan
approved in writing by DEQ, of any area that is not covered by building foundations, sidewalks,
or asphaltic or concrete parking areas and driveways.
j. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined in paragraph 12.d.

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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 16 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building’s users and public
health from the risk of vapor intrusion based on site assessment data, or a site-specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors into
building features in accordance with the most recent and applicable DWM Vapor Intrusion
Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American
National Standards Institute (ANSI)/American Association of Radon Scientists and
Technologists (AARST) standards, and that a professional engineer licensed in North Carolina,
as evidenced by said engineer’s professional seal, is satisfied that the design is fully protective of
public health, and shall include a performance monitoring plan detailing methodologies and
schedule, both of which are subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as-built diagrams, photographs, and a description of the installation, with
said engineer’s professional seal confirming that the engineer is satisfied that the system was
installed per the DEQ approved design. If any deviations from the system design were necessary

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during installation, then the report shall include details on said deviations, as well as the
engineer’s seal certifying the VIMS, as installed, was installed in such a manner so as to be fully
protective of public health.
Property Access
l. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
Notification Upon Transfers
m. Any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: “This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the 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

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interest may provide abstracts of leases, rather than full copies of said leases, to the persons listed
in Section XVII.
Separating Old from New Contamination
n. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement, and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on-board tanks integral to said equipment or in flammable
liquid storage containers totaling no more than 25 gallons; and
iii. as constituents of products and materials customarily used and stored
in retail environments, provided such products and materials are stored in original retail
packaging and used and disposed of in accordance with applicable laws.
Damage to Wells
o. 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, 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.

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Land Use Restriction Update
p. During January of each year after the year in which the Notice referenced
below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to
DEQ, and to the chief public health and environmental officials of Wake County, certifying that,
as of said January 1st, the Notice of Brownfields Property containing these land use restrictions
remains recorded at the Wake County Register of Deeds office and that the land use restrictions
are being complied with. If the property is transferred, the grantor shall submit a LURU (as
outlined above) which covers the period of time they owned the property. The submitted LURU
shall state the following:
i. the Brownfields Property address, and the name, mailing address,
telephone number, and contact person’s e-mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a
joint LURU is submitted, acquired any part of the Brownfields Property during the previous
calendar year;
ii. the transferee’s name, mailing address, telephone number, and contact
person’s e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 12.k. 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

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interfere with the operation of said system.
iv. A joint LURU may be submitted for multiple owners by a duly
constituted board or association and shall include the Brownfields Property address, and the
name, mailing address, telephone number, and contact person’s e-mail address of the entity
submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is
submitted.
v. A LURU submitted for rental units shall include enough of each lease
entered into during the previous calendar year to demonstrate compliance with lessee notification
requirements in paragraphs 17 and 18 of this agreement provided that if standard form leases are
used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual
leases.
13. The desired result of the above-referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in this Agreement while fully protecting
public health and the environment.
14. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VIII. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
15. In addition to providing access to the Brownfields Property pursuant to subparagraph
12.l. above, Prospective Developer shall provide DEQ, its authorized officers, employees,

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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.
16. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property (“Notice”) for the Brownfields Property containing, inter alia, the land use restrictions
set forth in Section VII (Land Use Restrictions) of this Agreement and a survey plat of the
Brownfields Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date
of this Agreement, Prospective Developer shall file the Notice in the Wake County, North
Carolina, Register of Deeds’ Office. Within three (3) days thereafter, Prospective Developer
shall furnish DEQ a copy of the documentary component of the Notice containing a certification
by the register of deeds as to the Book and Page numbers where both the documentary and plat
components of the Notice are recorded, and a copy of the plat with notations indicating its
recordation.
17. This Agreement shall be attached as Exhibit A to the Notice. Subsequent to

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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.
18. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
IX. DUE CARE/COOPERATION
19. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields

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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 31.a. below
of any such required notification.
X. CERTIFICATION
20. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
subparagraph 12.a. of this Agreement. Prospective Developer also certifies that to the best of its
knowledge and belief it has fully and accurately disclosed to DEQ all information known to
Prospective Developer and all information in the possession or control of its officers, directors,
employees, contractors and agents which relates in any way to any past use of regulated
substances or known contaminants at the Brownfields Property and to its qualification for this
Agreement, including the requirement that it not have caused or contributed to the contamination
at the Brownfields Property.
XI. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
21. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:

24

Cameron Village Condominiums/24017-20-92/20231025
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
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

25

Cameron Village Condominiums/24017-20-92/20231025
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
22. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
23. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
24. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 21 through 23 above apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible

26

Cameron Village Condominiums/24017-20-92/20231025
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
25. In consideration of DEQ’s Covenant Not To Sue in Section XI of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above-referenced Notice of Brownfields Property.
XIII. PARTIES BOUND
26. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party’s signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XIV. DISCLAIMER
27. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer’s duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
28. Except for the land use restrictions set forth in paragraph 12 above and NCGS §

27

Cameron Village Condominiums/24017-20-92/20231025
130A-310.33(a)(1)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XV. DOCUMENT RETENTION
29. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.

28

Cameron Village Condominiums/24017-20-92/20231025
XVI. PAYMENT OF ENFORCEMENT COSTS
30. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section VI (Work to be Performed) and Section
VII (Land Use Restrictions), it shall be liable for all litigation and other enforcement costs
incurred by DEQ to enforce this Agreement or otherwise obtain compliance.
XVII. NOTICES AND SUBMISSIONS
31. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information or delivery method, all notices and submissions pursuant to this
Agreement shall be sent by prepaid first-class U.S. mail or courier service, as follows:
a. for DEQ:
Brownfields Property Management Unit (or successor in function)
N.C. Division of Waste Management
Brownfields Redevelopment Section Mail Service Center 1646 Raleigh, NC 27699-1646
b. for Prospective Developer:
William Sengelman (or successor in function) CUSA NC Holdings, LP 11 Greenway Plaza, Suite 2400
Houston, Texas 77046
Notices and submissions sent by prepaid first-class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVIII. EFFECTIVE DATE
32. This Agreement shall become effective on the date the Prospective Developer signs

29

Cameron Village Condominiums/24017-20-92/20231025
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ’s approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in NCGS § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and to invalidate its signature on this Agreement.
XIX. TERMINATION OF CERTAIN PROVISIONS
33. If any Party believes that any or all of the obligations under Section VIII
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XX. CONTRIBUTION PROTECTION
34. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
35. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ

30

Cameron Village Condominiums/24017-20-92/20231025
in writing no later than 60 days prior to the initiation of such suit or claim.
36. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XXI. PUBLIC COMMENT
37. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.
IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By: ____________________________________________________________________________ Bruce Nicholson Date
Section Chief, Brownfields Redevelopment Section
IT IS SO AGREED: CUSA N.C. HOLDINGS, L.P. By: ____________________________________________________________________________ William W. Sengelman Date
Manager
Exhibit 1
Brownfields Property Name: Cameron Village Condominiums
Brownfields Project Number: 24017-20-092

Cameron Village Condominiums/24017-20-092/20231025

1
Exhibit 2
Brownfields Property Name: Cameron Village Condominiums
Brownfields Project Number: 24017-20-092
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 1,2
Date of Most
Recent
Concentration
Sampling
Most Recent Concentration (µg/L)
Standard
(µg/L)
Chromium, total A-1 9/26/2022 18.9 10 A-2 30.3
Tetrachloroethylene
A-1
9/26/2022
1.9
0.7
A-2 2.4
A-3 5.1
MW-20 6/5/2012 3.2
YK-MW-10 3/5/2008 6.5
Trichloroethylene YK-MW-10 4/10/2003 9.4 3 1Groundwater samples A-1 through A-3 were collected from groundwater that had daylighted during excavation activities in the southern portion of the Brownfields Property and were not collected from groundwater monitoring wells; hence, concentrations of compounds detected may not be representative of groundwater conditions in this area but are provided for documentation purposes.
2Well MW-10 as reported in the Annual Monitoring Report (SM&E, Inc., October 24, 2006) is the same well that is referenced as YK-MW-10 in later reports. 3Laboratory detection limits were higher than or equal to the NC 2L standards for the following
compounds: benzene, bromodichloromethane, carbon tetrachloride, chloromethane, 1,2-dichloroethane (EDC), 1,4-dioxane, ethylbenzene, naphthalene, 1,1,1,2-tetrachloroethane, trichloroethylene, vinyl chloride.

Cameron Village Condominiums/24017-20-092/20231025

2

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 Most Recent Concentration Sampling
Most Recent Concentration (µg/L)
Residential VI Screening
Level1
(µg/L)
Chloroform MW-20 6/5/2012 1.2 J 0.81 YK-MW-10 3/5/2008 1.8 J
Trichloroethylene A-32 9/26/2022 1.4 1.0
1 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.
2 Groundwater samples A-1 through A-3 were collected from groundwater that had daylighted during excavation activities in the southern portion of the Brownfields Property and were not collected from groundwater monitoring wells; hence, concentrations of compounds detected may not be representative of groundwater conditions in this area, but are provided for documentation purposes. J – Estimated value between the method detection limit and the laboratory reporting limit

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):
Soil Contaminant Sample Location Depth (ft) Date of Sampling
Concentration
Exceeding Screening Level (mg/kg)
Residential Screening Level1 (mg/kg)
Arsenic SB-2 1-2 9/9/2020 1.1 0.68
p-Isopropyltoluene TB-1 ~16 9/28/2022 1.01 NSE TB-2 ~16 9/28/2022 1.14
1-Methylnaphthalene TB-1 ~16 9/28/2022 34.2 18 TB-2 ~16 9/28/2022 37.0
2-Methylnaphthalene TB-1 ~16 9/28/2022 65.6 48 TB-2 ~16 9/28/2022 73.4 Naphthalene TB-1 ~16 9/28/2022 12.7 2.1

Cameron Village Condominiums/24017-20-092/20231025

3
Soil Contaminant Sample Location Depth (ft) Date of Sampling
Concentration Exceeding Screening Level (mg/kg)
Residential Screening Level1 (mg/kg)
Naphthalene TB-2 ~16 9/28/2022 20.1 2.1
Phenanthrene TB-1 ~16 9/28/2022 8.57 NSE TB-2 ~16 9/28/2022 8.38
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. NSE – No screening level established 2Laboratory detection limits were higher than the residential PSRGs for the following
compounds: arsenic, cadmium.

EXTERIOR SOIL GAS

Exterior soil gas contaminants in micrograms per cubic meter, the screening levels for which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste Management (January 2023 version):
Exterior Soil Gas
Contaminant
Sample Location Date of Sampling
Concentration
Exceeding Screening
Level (µg/m3)
Residential
Screening Level1
(µg/m3)
Chloroform
SG-1S 9/10/2020 18.6
4.1 SG-1D/Dup-1 9/10/2020 16/17
SG-2 9/10/2020 27
SG-3 9/10/2020 40
1,3-Dichlorobenzene SG-1S 9/10/2020 1.32 NSE
Ethanol
SG-1S 9/10/2020 85.8
NSE
SG-1D/Dup-1 9/10/2020 66/38
SG-2 9/10/2020 56
SG-3 9/10/2020 71
SG-4 9/10/2020 89
SG-5 9/10/2020 45
SG-6 9/10/2020 36
Ethylbenzene SG-1D/Dup-1 9/10/2020 45/53 37
4-Ethyltoluene SG-1S 9/10/2020 30.1 NSE SG-1D/Dup-1 9/10/2020 41/48
Naphthalene SG-1S 9/10/2020 4.66 2.8 SG-4 9/10/2020 3.5
SG-5 9/10/2020 2.9

Cameron Village Condominiums/24017-20-092/20231025

4
Exterior Soil Gas Contaminant
Sample Location Date of Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Residential
Screening
Level1
(µg/m3)
Tetrachloroethylene SG-2 9/10/2020 380 280 SG-3 9/10/2020 370
Trichlorofluoromethane
(Freon 11)
SG-1S 9/10/2020 3.55
NSE SG-1D/Dup-1 9/10/2020 3.4J/3.3J
SG-2 9/10/2020 2.0J
SG-3 9/10/2020 2.4J
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. 2Note: Acetone 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 are not summarized on this table, but remain available in the reports related to this property. NSE – No screening level established

Exhibit 3
VICINITY MAP
N.T.S.
CLIENT
REVISIONS
PROJECT NO.
FILENAME
CHECKED BY
DRAWN BY
SCALE
DATE
N0.DATE
1 10.19.2023 COMMENTS
2
X:\Projects\CMN\CMN-19000\02-Geomatics\Survey\Plats\CMN19000-F2.dwg, 10/24/2023 2:57:38 PM, Jake StayerSHEET
PLAN INFORMATION
BROWNFIELDSPLATCAMERON VILLAGE CONDOSEXHIBIT B TO THE NOTICE OFBROWNFIELDS PROPERTY-SURVEY PLATOWNER AND PROSPECTIVE DEVELOPER,CUSA N.C. HOLDINGS, L.P.BROWNFIELDS PROJECT NUMBER: 24017-20-0921801 CAMERON STREETPIN: 1704126630RALEIGH TOWNSHIP, WAKE COUNTY, NORTH CAROLINA10.23.2023 COMMENTS
GRAPHIC SCALE
0 20 40 80
1 inch = 40 ft.
NC GRID NAD 83(2011)
CAMDEN
1420 SPRING HILL ROAD
SUITE 200
MCLEAN, VA 22102
The John R. McAdams Company, Inc.
www.mcadamsco.com
621 Hillsborough Street
phone [phone]
fax [phone]
license number: C-0293, C-187
Raleigh, NC 27603Suite 500
1"=40'
CMN-19000
CMN19000-F2
JBT
JSS
10.03.2023
1-2
CAMDEN
1420 SPRING HILL ROAD
SUITE 200
MCLEAN, VA 22102
The John R. McAdams Company, Inc.
www.mcadamsco.com
621 Hillsborough Street
phone [phone]
fax [phone]
license number: C-0293, C-187
Raleigh, NC 27603Suite 500
2-2
CLIENT
REVISIONS
PROJECT NO.
FILENAME
CHECKED BY
DRAWN BY
SCALE
DATE
N0.DATE
1 10.19.2023 COMMENTS
2
X:\Projects\CMN\CMN-19000\02-Geomatics\Survey\Plats\CMN19000-F2.dwg, 10/24/2023 2:57:43 PM, Jake StayerSHEET
PLAN INFORMATION
BROWNFIELDSPLATCAMERON VILLAGE CONDOSEXHIBIT B TO THE NOTICE OFBROWNFIELDS PROPERTY-SURVEY PLATOWNER AND PROSPECTIVE DEVELOPER,CUSA N.C. HOLDINGS, L.P.BROWNFIELDS PROJECT NUMBER: 24017-20-0921801 CAMERON STREETPIN: 1704126630RALEIGH TOWNSHIP, WAKE COUNTY, NORTH CAROLINA10.23.2023 COMMENTS
NTS
CMN-19000
CMN19000-F2
JBT
JSS
10.03.2023
“”
“
”
“”
“”
“”
“”
“”
“”
“”
“”
EXHIBIT C
LEGAL DESCRIPTION

BEGINNING AT AN IRON PIPE ALONG THE SOUTHERN RIGHT OF WAY OF CAMERON STREET, SAID IRON PIPE
HAVING AN NC NAD83 GRID COORDINATE OF N: 742948.06, E: 2101363.29; THENCE NORTH 88°15'29" EAST A
DISTANCE OF 188.21 FEET TO AN IRON PIPE; THENCE WITH A CURVE TO THE RIGHT WITH AN ARC LENGTH OF
14.87 FEET, A RADIUS OF 15.00 FEET, A CHORD BEARING OF SOUTH 63°20'27" EAST, AND A CHORD LENGTH OF
14.27 FEET TO AN IRON PIPE; THENCE SOUTH 34°56'24" EAST A DISTANCE OF 470.19 FEET TO AN IRON PIPE;
THENCE SOUTH 36°05'36" EAST A DISTANCE OF 136.12 FEET TO AN IRON PIPE; THENCE SOUTH 37°39'09" EAST A
DISTANCE OF 47.47 FEET TO AN IRON PIPE; THENCE WITH A CURVE TO THE RIGHT WITH AN ARC LENGTH OF 27.88 FEET, A RADIUS OF 85.50 FEET, A CHORD BEARING OF SOUTH 28°18'26" EAST, AND A CHORD LENGTH OF 27.76
FEET TO AN IRON PIPE; THENCE WITH A CURVE TO THE RIGHT WITH AN ARC LENGTH OF 30.61 FEET, A RADIUS OF
213.50 FEET, A CHORD BEARING OF SOUTH 14°51'29" EAST, AND A CHORD LENGTH OF 30.58 FEET TO AN IRON
PIPE; THENCE WITH A CURVE TO THE RIGHT WITH AN ARC LENGTH OF 35.33 FEET, A RADIUS OF 20.00 FEET, A
CHORD BEARING OF SOUTH 39°51'22" WEST, AND A CHORD LENGTH OF 30.91 FEET TO AN IRON PIPE; THENCE
WITH A CURVE TO THE LEFT WITH AN ARC LENGTH OF 19.35 FEET, A RADIUS OF 665.23 FEET, A CHORD BEARING
OF SOUTH 89°37'46" WEST, AND A CHORD LENGTH OF 19.35 FEET TO AN IRON PIPE; THENCE SOUTH 88°24'28"
WEST A DISTANCE OF 418.22 FEET TO AN IRON PIPE; THENCE NORTH 01°24'09" WEST A DISTANCE OF 31.04 FEET
TO AN IRON PIPE; THENCE NORTH 01°24'09" WEST A DISTANCE OF 216.73 FEET TO AN IRON PIPE; THENCE SOUTH
88°20'51" WEST A DISTANCE OF 29.88 FEET TO AN IRON PIPE; THENCE NORTH 02°14'09" WEST A DISTANCE OF
116.57 FEET TO AN IRON PIPE; THENCE NORTH 34°17'09" WEST A DISTANCE OF 168.00 FEET TO AN IRON PIPE;
THENCE NORTH 03°47'20" WEST A DISTANCE OF 121.32 FEET TO AN IRON PIPE, BEING THE POINT OF BEGINNING.
HAVING AN AREA OF 202,728 SQUARE FEET OR 4.65 ACRES.