20010_Sonrise Industrial_PC Approval Package_20231023

From: Graham, Stephanie J
To: Cathy A. Scott lcathvscotticahalifaxdevelooment.coml; "Mary Katherine Stukes"; Darin McClure; Pierce Werner
Cc: Eckard, Sharon; Nicholson, Bruce
Subject: Approval to Proceed to Public Comment - Sonrise Industrial Center Brownfields Project 20010-16-042
Date: Monday, October 23, 2023 3:20:00 PM
Attachments: image001.pnng
20010 Sonrise Industrial PC Documents 20231023.Ddf
Hi All,
Based on acceptance by the Prospective Developer of drafts of all four required brownfields
documents -- the Notice of Intent to Redevelop a Brownfields Property (NI), Summary of Notice of
Intent to Redevelop a Brownfields Property (SNI), Notice of Brownfields Property (NBP) and the
Brownfields Agreement (Exhibit A to the NBP) -- and DEQ's approval of the plat component of the
NBP, Prospective Developer may now proceed to the tasks required by NCGS § 130.310.34(a) in
connection with the required public notice and comment period of at least 30 days regarding the
subject brownfields project. Those tasks are as follows:
1. Publish the approved SNI in a newspaper of general circulation serving the area in which the
brownfields property is located;
2. Conspicuously post a copy of the SNI at the Brownfields Property (post at multiple entrances if
more than one);
3. Mail or deliver the SNI to each owner of property contiguous to the Brownfields Property;
4. Provide a copy of the full NI, consisting of the one -page NI and the NBP with its three exhibits
(Exhibit A, the Brownfields Agreement with its Exhibit 1 and Exhibit 2; Exhibit B, the survey
plat, and Exhibit C, the legal description), to all local governments having jurisdiction over the
Brownfields Property; and
5. Provide a copy of the full NI to the local public repository where it will be available for public
review as stated in the SNI.
Pursuant to NCGS § 130.310.34.(b), the public comment period shall begin the day following
completion of the above public notice tasks. The date by which you have represented to the
Brownfields Program that the last of the above tasks will be complete is October 24, 2023.
Therefore, the first day of public comment would start no sooner than October 25, 2023. The N I
and SNI, with this date filled in, are attached hereto for public notice purposes. The comment period
shall not end any sooner than 30 days after you complete the public notice tasks, or 30 days after
this published date, whichever is later.
NCGS § 130.310.34(b) also requires the Prospective Developer to submit documentation of the
public notices to DEQ prior to DEQ entering into a Brownfields Agreement. That documentation shall
be submitted promptly after each task has been accomplished by providing to me preferably at
[e-mail] or at Brownfields Program, 1646 Mail Service Center, Raleigh, NC
27699-1646, the following:
• Affidavit of publication of the SNI from the newspaper or a copy of the SNI published in the
newspaper which shows the name of the newspaper and the date of publication;
• Photos of the SNI posted at the site, one close up to show the wording and one far enough to
show the posting location relative to the property;
• Copies of the cover letters and copies of the mailing receipts stamped by the post office or

copies of the delivery service receipts for the SNI sent to contiguous property owners; and
• Delivery confirmation either from the receiving entity or from the carrier (i.e. certified mail
receipt, fed ex tracking information) confirming receipt of the full NI from each local
government entity and the entity where the document will be available for viewing.
Thank you for your attention to these matters. If you have any questions or require additional
information, please contact me via email or my cell phone number below.
Stephanie
Stephanie Graham
Project Manager, Brownfields Redevelopment Section
Division of Waste Management
North Carolina Department of Environmental Quality
Office: [phone] 1 Cell: [phone]
stephanie.graham(@deq.nc.gov
Please note the new email address format above and update your contacts accordingly.
The former email address will continue to work for a period of time.
NORTH CAROLINOE Q:>
A
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.

NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY
Brownfields Property Name: Sonrise Industrial Center
Brownfields Project Number: 20010-16-042
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 October 25, 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
Sonrise Industrial Center/20010-16-042/230ct2023

SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Sonrise Industrial Center
Brownfields Project Number: 20010-16-042
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, Halifax
County Business Horizons, Inc., 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 1200 Henry Street, Roanoke Rapids, Halifax County. The Brownfields Property, which is the former site of a textile
mill, consists of 55.878 acres (including Monroe Street). Environmental contamination exists on the Brownfields Property
in soil, groundwater, soil gas, indoor air, surface water and sediment. Halifax County Business Horizons, Inc. has committed
itself to redevelop the Brownfields Property for no uses other warehousing, distribution, food processing, indoor
aquaculture, industrial, retail, office, data center, associated parking, and subject to DEQ's prior written approval, other
commercial uses. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a proposed Brownfields
Agreement between DEQ and Halifax County Business Horizons, Inc., which in turn includes (a) a map showing the
location of the Property, (b) a description of the contaminants involved and their concentrations in the media of the Property,
(c) the above -stated description of the intended future use of the Brownfields Property, and (d) proposed investigation and
remediation; and (2) a proposed Notice of Brownfields Property prepared in accordance with NCGS § 130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the City Manager's office
located at 1040 Roanoke Avenue, Second Floor, Roanoke Rapids, NC 27870 by contacting Traci Storey at (252)
533-2840 or by email at [e-mail]; 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 20010-16-042 into the
search bar at the following web address: https:Hedocs.deq.nc.gov/WasteMana eg ment/
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as the day
after which all of the following public notice tasks have occurred: the date this Notice is: (1) published in a newspaper of
general circulation serving the area in which the Brownfields Property is located; (2) conspicuously posted at the
Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the Brownfields Property.
Written public comments may be submitted to DEQ within 30 days after the public comment period begins. Written requests
for a public meeting may be submitted to DEQ within 21 days after the public comment period begins. These periods will
start no sooner than October 25, 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
Sonrise Industrial Center/20010-16-042/230ct2023

Property Owner: Sonrise Reclamation, LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: Sonrise Industrial Center
Brownfields Project Number: 20010-16-042
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of 2023 by
Halifax County Business Horizons, Inc. ("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 1200 Henry Street in Roanoke Rapids, Halifax
County and consists of 55.878 acres (including Monroe Street). The site formerly operated as a
textile mill. The Prospective Developer has committed to redevelop the Brownfields Property for
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no uses other than for warehousing, distribution, food processing, indoor aquaculture, industrial,
retail, office, data center, 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 warehousing,
distribution, food processing, indoor aquaculture, industrial, retail, office, data center, 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
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local zoning, rule, regulation, or permit requirements:
i. "Warehousing" is defined as the use of a commercial building for storage
of goods by manufacturers, importers, exporters, wholesalers, and transport businesses among
others, and also refers to the storage of goods and materials, including food and grocery products,
and the storage of goods and materials for a specific commercial establishment or a group of
establishments in a particular type of industry or commercial activity.
ii. "Distribution" is defined as the sales and delivery of products, including
food and grocery products, from the manufacturer to the client.
iii. "Food Processing" is defined as the processing and preparation of food
products under all applicable local, state, and federal regulations.
iv. "Indoor Aquaculture" is defined as the breeding, raising and harvesting
of fish, shellfish, or aquatic plants under controlled conditions within the interior of a building,
including wholesale and retail distribution of such products.
v. " Industrial" is defined as the assembly, fabrication, storage,
transportation, or processing of goods and materials.
vi. "Retail" is defined as the sale of goods, products, or merchandise
directly to the consumer, including the sales of food and beverage products.
vii. "Office" is defined as a place where business or professional services
are provided.
viii. "Data center" is defined as a place where large scale electronic data is
collected, stored, processed, and/or analyzed for business or governmental purposes.
ix. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same.
x. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
Specific Prohibitions
b. The Brownfields Property may not be used for childcare centers, adult care
centers, or schools without the prior written approval of DEQ, which approval shall include, but
is not limited to, the proper regulatory closure of the onsite reservoirs.
c. The Brownfields Property may not be used for residential use without the prior
written approval of DEQ, which approval shall include, but is not limited to, the proper
regulatory closure of the onsite reservoirs.
Sonrise Industrial Center/20010-16-042/230ct2023

d. The Brownfields Property may not be used for dry cleaning operations using
chlorinated solvents.
Environmental Management Plan
e. Physical redevelopment of the Brownfields Property may not occur other than
in accordance, as determined by DEQ, with an EMP approved in writing by DEQ in advance
(and revised to DEQ's written satisfaction prior to each subsequent redevelopment phase) that is
consistent with all the other land use restrictions and describes redevelopment activities at the
Brownfields Property, the timing of redevelopment -phases, and addresses health, safety and
environmental issues that may arise from use of the Brownfields Property during construction or
redevelopment in any other form, including without limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators, soil
contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment.
Redevelopment Summary Report
f. Within 90 days after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues (except
that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the
then -owner of the Brownfields Property shall provide DEQ a report on environment -related
activities since the last report, with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with Section
VI: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater, or other materials
suspected or confirmed to be contaminated with regulated substances; and
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v. removal of any contaminated soil, water, or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
Demolition Activities
g. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
in paragraph 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
h. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 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.e. above, or a plan
approved in writing in advance by DEQ.
Soil
i. No activity that disturbs soil on the Brownfields Property, may occur unless and
until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 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
EMP as outlined in subparagraph 12.e. above.
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,
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unless conducted in accordance with an approved EMP as outlined in subparagraph 12.e. above.
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
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.
1. No disturbance or alteration of the slabs within the footprints of the existing
buildings, as depicted on the plat component of the Notice of Brownfields Property referenced in
paragraph 16 below, may occur unless in accordance with a DEQ-approved EMP, in connection
with other applicable State regulatory activities, or in the case of emergency circumstances for
repair of underground infrastructure, in which case DEQ shall be provided written notice no later
than the next business day and any related assessment and remedial measures required by DEQ
shall be taken.
Surface Water
m. Surface water at the Brownfields Property, including the onsite reservoirs, may
not be used for any purpose, other than in connection with legally compliant storm water
collection and reuse techniques, without the prior written approval of DEQ.
n. Water contained within the onsite reservoirs shall not be discharged to surface
water unless performed in accordance with all applicable rules and regulations. Any sediment or
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sludge in the bottom of the onsite reservoirs at the Brownfields Property cannot be used, spread,
or otherwise placed elsewhere on the Brownfields Property, nor can it be removed from the
Brownfields Property unless disposed of at an appropriately permitted facility, without prior
written DEQ approval.
o. Public access to the onsite reservoirs shall be prohibited through engineered
controls (e.g. fencing) around the reservoirs.
Property Access
p. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
Abandonment of Monitoring Wells
q. Within 60 days after the effective date of this Agreement or prior to land
disturbance activities, whichever occurs first, Prospective Developer shall abandon all
monitoring wells, injection wells, recovery wells, piezometers and other man-made points of
groundwater access at the Brownfields Property, in accordance with Subchapter 2C of Title 15A
of the North Carolina Administrative Code, unless an alternate schedule is approved by DEQ.
Within 30 days after doing so, the Prospective Developer shall provide DEQ a report, setting
forth the procedures and results.
Damage to Wells
r. Except for the work related to subparagraph 12.q. above, the owner of any
portion of the Brownfields Property where any existing, or subsequently installed, DEQ-
approved monitoring well is damaged by the owner, its contractors, or its tenants, 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.
Notifications upon Transfer
s. 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 Halifax 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 conveying a leasehold interest may use the following mechanisms to comply
with the obligations of this paragraph: (i) If every lease or rider is identical in form, the owner
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conveying an interest may provide DEQ with a copy 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
t. 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:
in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on -board tanks integral to said equipment or in flammable
liquid storage containers totaling no more than 25 gallons;
iii. in products or materials that are brought onto the Brownfields
Property, kept in their original packaging or containers (that is, not used or repackaged) and later
removed from the Brownfields Property in the original packaging or containers; and
iv. as constituents of products and materials customarily used and stored in
warehousing distribution, food processing, indoor aquaculture, retail, office, data center,
associated parking, and subject to DEQ's prior written approval, other commercial uses,
provided such products and materials are stored in original retail packaging and used and
disposed of in accordance with applicable laws, and are not stored in bulk quantities (i.e., drums
or containers of a volume greater than 5 gallons are prohibited).
Land Use Restriction Update
u. During January of each year after the year in which the Notice referenced
below in paragraph 17 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of Halifax County, certifying
that, as of said January 1st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Halifax County Register of Deeds office and that the land use
restrictions are being complied with. If ownership of any portion of the Brownfields Property is
transferred, the grantor shall submit a LURU (as outlined above) which covers the period of time
they owned such portion of the Brownfields Property during the calendar year of the transfer.
The submitted LURU shall state the following:
i. the Brownfields Property address, and the name, mailing address,
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telephone number, and contact person's e-mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a
joint LURU is submitted, acquired any part of the Brownfields Property during the previous
calendar year;
ii. the transferee's name, mailing address, telephone number, and contact
person's e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year;
and
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 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.
v. A LURU submitted for rental units shall include enough of each lease (or rider
or abstract) entered into during the previous calendar year to demonstrate compliance with lessee
notification requirements in paragraphs 17 and 18 of this Agreement; and
w. A property owners' association or other entity may perform this LURU duty,
on behalf of some or all owners of the Brownfields Property, if said association or entity has
accepted responsibility for such performance pursuant to a notarized instrument satisfactory to
DEQ that includes at a minimum, the Brownfields Property address, and the name, mailing
address, telephone number, and e-mail address of each owner on whose behalf the LURU is
proposed to be submitted.
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
Halifax County Business Horizons, Inc.
Scott Aman
President
NORTH CAROLINA
COUNTY
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Date:
(Official Seal)
Official Signature of Notary
Notary's printed or typed name, Notary Public
My commission expires:
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ACKNOWLEDGMENT OF PROPERTY OWNER
As the current owner, or representative of said owner, of at least part of the Brownfields
Property, I hereby acknowledge recordation of this Notice of Brownfields Property and the land
use restrictions contained herein.
Sonrise Reclamation, LLC
By:
Stan Spealman Date
NORTH CAROLINA
COUNTY
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Date:
Official Signature of Notary
Notary's printed or typed name, Notary Public
(Official Seal) 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
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: Halifax County Business Horizons, Inc.
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Sonrise Industrial Center
OF 1997, NCGS § 130A-310.30, et seq. ) 1200 Henry Street
Brownfields Project No. 20010-16-042 ) Roanoke Rapids, Halifax County
I. INTRODUCTION
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and Halifax County Business Horizons, Inc.
(collectively the "Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS §
130A-310.30, et sue. (the "Act") for the property located at 1200 Henry Street (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 Halifax County Business Horizons, Inc., a private non-
profit corporation headquartered at 260 Premier Boulevard, Roanoke Rapids, NC 27870. Its
President is Scott Aman 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 Halifax County Business Horizons, Inc. for contaminants at the Brownfields
Property.
20010-16-042/Sonrise Industrial Center/230ct2023

The Parties agree that Halifax County Business Horizons, Inc.'s entry into this
Agreement, and the actions undertaken by Halifax County Business Horizons, Inc. in accordance
with the Agreement, do not constitute an admission of any liability by Halifax County Business
Horizons, Inc. for contaminants at the Brownfields Property. The resolution of this potential
liability, in exchange for the benefit Halifax County Business Horizons, Inc. shall provide to
DEQ, is in the public interest.
IL 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 Halifax County Business Horizons, Inc.
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
1200 Henry Street, Roanoke Rapids, Halifax County
Parcel Address(es) & Parcel
parcel IDs:
IDs
Tract 1 - portion of 0911564, 0900566 and 0920096 (47.13
acres including Monroe Street)
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BROWNFIELDS PROPERTY INFORMATION SUMMARY
Tract 2 - portion of 0911564 (1.24 acres)
Tract 3 - 0900551 (0.868 acres)
Tract 4 - 0900556 (1.64 acres)
Tract 5 - 0911457 5.00 acres
Acreage
55.878 including Monroe Street
Current Property Owner
Sonrise Reclamation, LLC
Current Land Use(s)
Vacant, former industrial property occupied by textile
manufacturers
Mixed residential, recreational, and commercial uses,
Site Vicinity Land Use(s)
including a power plant, baseball field, construction company,
auto repair, and former drycleaning uses.
Warehousing, distribution, food processing, indoor
Proposed Reuse(s)
aquaculture, industrial, retail, office, data center, associated
parking, and subject to DEQ's prior written approval, other
commercial uses.
Creation of jobs, increase in tax revenue for the local
Public Benefits of Reuse
jurisdiction, and avoidance of negative aspects of vacant
property.
Existing Land Use
Restrictions Prior to
None known
Brownfields Agreement
ENVIRONMENTAL INFORMATION SUMMARY
Textile mill operations from approximately 1900 to 2003, last
operated by WestPoint Stevens; the facility included three
textile mill buildings, a finishing plant, fabrication warehouse,
Historical Operations &
distribution warehouse, and a company store collectively
"Rosemary
Contaminant Sources
referred to as the Complex". The buildings have
been vacant and idle since 2003 except for certain demolition
activities. Contaminant sources include onsite use of
chlorinated solvents and known petroleum release(s) from
onsite USTs.
Current Operations/Activities
None; unoccupied buildings.
Soil: Arsenic concentrations that exceed DEQ Preliminary
Soil Remediation Goals (PSRGs) for industrial/commercial
settings were detected, but these concentrations are consistent
Contaminated Media
with naturally occurring arsenic in North Carolina soils. The
remaining contaminants of concern (COCs) in onsite soils
were acenaphthylene, benzo(g,h,i)perylene, and
phenanthrene, but there are no established PSRGs for these
compounds.
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ENVIRONMENTAL INFORMATION SUMMARY
Groundwater: Concentrations of 1, 1 -dichloroethane (1,1-
DCA); 1,2-dichloroethane (1,2-DCA); cis-1,2-dichloroethene
(cis-1,2-DCE), 1,1,1 tichloroethane (1,1,1-TCA);
tetrachloroethylene (PCE); and trichloroethylene (TCE) were
identified above their respective NC 2L groundwater
standards. Groundwater sampling conducted at the
Brownfields Property in 2021 and 2022 identified PCE and
TCE in exceedance of their respective Non -Residential Vapor
Intrusion Screening Levels (VISLs). The remaining
groundwater COC detected in 2021 with a potential vapor
intrusion concern was identified as 1,2,3 tichlorobenzene;
however, a VISL has not been established for this compound.
Sub -Slab Vapor: Ethylbenzene, naphthalene and total
xylenes were detected in concentrations above their
respective non-residential VISLs. Acetone, 1,3
dichlorobenzene, 4-ethyltoluene, and trichlorofluoromethane
were also detected in sub -slab vapor samples, but VISLs for
these compounds have not been established.
Indoor Air: Concentrations of chloroform and naphthalene
were detected above their respective non-residential VISLs in
the one indoor air sample collected in the former maintenance
room. TCE was detected in one sample, but below its non-
residential VISL. The remaining COCs detected in this
sample include acetone, cis-1,2-dichloroethylene, and
trichlorofluoromethane; however, VISLs have not been
established for these compounds.
One crawl space air sample was collected in the office
building in the northeast area of the Brownfields Property,
and naphthalene was identified above its non-residential
VISL. Acetone was also detected, but a VISL has not been
established for this compound.
Surface Water: One surface water sample was collected in the
onsite former wastewater reservoir, and mercury was detected
above its NC 2B standard. In addition, cadmium and lead
were also identified; however, the respective standards for
these two compounds could not be calculated as hardness data
20010-16-042/Sonrise Industrial Center/230ct2023

ENVIRONMENTAL INFORMATION SUMMARY
were not provided with the analytical data.
Sediment: Arsenic and hexavalent chromium concentrations
above their respective Industrial/Commercial PSRGs were
detected in the sediment sample collected in the wastewater
reservoir. The remaining COC was phenanthrene, but there is
no established PSRG for this compound.
ID Numbers/Permits
RCRA: NCD040052995; UST Section Incident No. 10220
Onsite Receptors Considered
Future workers, visitors, trespassers
i. Water supply wells: None known to be operating in close
proximity to the Brownfields Property.
ii. Residential structures, churches, or childcare centers:
Potential Offsite Receptors
Residential areas downgradient of the site.
Considered
iii. Surface water: Chockoyotte Creek lies approximately
1,250 ft to the south/southwest of the Brownfields Property;
two tributaries to Chockoyotte Creek lie between the
Brownfields Property and the creek.
Groundwater: Groundwater is known to be contaminated with
PCE and TCE south of the main industrial building; migration
of contaminated water was investigated by US EPA (EPA) in
2022 at the request of the DWM Inactive Hazardous Site
Branch (IHSB). EPA confirmed the presence of PCE and
TCE in onsite groundwater.
Surface water: The results for one offsite surface water
Potential offsite migration
sample collected by EPA indicates the presence of PCE and
pathways
TCE in excess of NC 2B Surface Water Standards, and cis-
1,2-DCE in excess of the North Carolina In -Stream Target
Values for Surface Waters.
Exterior Soil Gas: Shallow exterior soil gas conditions at the
southern property boundary were evaluated during the EPA's
2022 investigation using a selected target compound list; none
of these contaminants were detected in the shallow soil vapor
at the southern property boundary above their respective Non -
Residential VISLs.
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4. Environmental reports regarding the Brownfields Property referred to hereinafter as
the "Environmental Reports," include:
a. Those that the Prospective Developer obtained or commissioned regarding the
Brownfields Property:
Title
Prepared by
Date of Report
Phase I Environmental Site Assessment
Report, Sonrise Industrial Warehouse
Mid Atlantic Associates, Inc.
September 30, 2014
(Former WestPoint Stevens Rosemary
Complex)
Limited Environmental Site
Assessment Report, Sonrise Industrial
Mid Atlantic Associates, Inc.
March 21, 2016
Warehouse (Former WestPoint Stevens
Rosemary Complex)
Limited Environmental Site
Assessment Report, Sonrise Industrial
Mid Atlantic Associates, Inc.
July 8, 2021
Warehouse (Former WestPoint Stevens
Rosemary Complex)
Addendum to Limited Environmental
Site Assessment Report, Sonrise
Mid -Atlantic Associates, Inc.
July 26, 2022
Industrial Center (Former West Point
Stevens Rosemary Complex)
b. Other available reports:
Title
Prepared by
Date of Report
Removal of Petroleum Underground
Trigon Engineering
Storage Tanks at The Bibb Company's
Consultants, Inc.
January 14, 1992
Rosemaryand Delta IV Plants
Removal of Three (3) UST's From the
The Bibb Company
February 13, 1992
Rosemary Plant
Four Tank Removals Rosemary and
Trigon Engineering
December 23, 1993
Roanoke No. 2 Plants
Consultants, Inc
Site Receptor Report, Bibb Company —
ATC Associates of North
December 29, 2006
Rosemary Plant
Carolina, P.C.
Site Check Report
ATC Associates of North
March 15, 2018
Carolina, P.C.
Removal Evaluation Report — Final
Tetra Tech, Inc.
November 22, 2022
Rosemary Complex
20010-16-042/Sonrise Industrial Center/230ct2023

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 January 21, 2016, and in
2016 and 2022, working with the Upper Coastal Plain Council of Governments (UCPCOG) to
secure funding from EPA Brownfields grant funds for assessment of the Brownfields Property.
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
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technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
7. Prospective Developer has paid to DEQ the $2,000 fee to seek a brownfields
agreement required by NCGS § 130A-310.39(a)(1), and shall make a payment to DEQ of $6,000
at the time Prospective Developer and DEQ enter into this Agreement, defined for this purpose
as occurring no later than the last day of the public comment period related to this Agreement.
The Parties agree that such fees will suffice as the $2,000 fee to seek a brownfields agreement
required by NCGS § 130A-310.39(a)(1), and, within the meaning of NCGS § 130A-
310.39(a)(2), the full cost to DEQ and the North Carolina Department of Justice of all activities
related to this Agreement, unless a change is sought to a Brownfields document after it is in
effect, in which case there shall be an additional fee of at least $1,000.
V. BENEFIT TO COMMUNITY
8. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. a return to productive use of the Brownfields Property and elimination of the
drawbacks of unoccupied property;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of approximately 323 temporary and 95 permanent jobs;
N.
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d. an increase in tax revenue for affected jurisdictions;
e. additional warehousing, distribution, food processing, indoor aquaculture,
industrial, retail, office, data center, associated parking, and subject to DEQ's prior written
approval, other commercial space for the area; and
f. "smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe ("greenfields").
VI. WORK TO BE PERFORMED
9. The guidelines within which the desired results under this Agreement are to be
accomplished, including parameters, principles and policies as to: field procedures, laboratory
testing, Brownfields Redevelopment Section requirements, and remedial or mitigation measures,
are (each as embodied in its most current version):
Section;
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Redevelopment Section Assessment Work Plan Checklist; and
d. the Brownfields Survey Plat Checklist.
10. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) credit categories incorporated into the U.S. Green Building Council
Leadership in Energy and Environmental Design (LEED) certification program (Integrative
Process, Location and Transportation, Sustainable Sites, Water Efficiency, Energy &
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Atmosphere, Materials & Resources, Indoor Environmental Quality, Innovation, and Regional
Priority), or a similar program.
11. Based on the information in the Environmental Reports, other available information,
and subject to imposition of and compliance with the land use restrictions set forth below, and
subject to Section XI of this Agreement (DEQ's Covenant Not to Sue and Reservation of
Rights), DEQ is not requiring Prospective Developer to perform any active remediation at the
Brownfields Property other than remediation that may be required pursuant to a DEQ-approved
Environmental Management Plan ("EMP") as specified in subparagraph 12.e. below.
VII. LAND USE RESTRICTIONS
12. By way of the Notice of Brownfields Property referenced below in paragraph 16,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.
Land Uses
a. No use may be made of the Brownfields Property other than for warehousing,
distribution, food processing, indoor aquaculture, industrial, retail, office, data center, 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. "Warehousing" is defined as the use of a commercial building for storage
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of goods by manufacturers, importers, exporters, wholesalers, and transport businesses among
others, and also refers to the storage of goods and materials, including food and grocery products,
and the storage of goods and materials for a specific commercial establishment or a group of
establishments in a particular type of industry or commercial activity.
ii. "Distribution" is defined as the sales and delivery of products, including
food and grocery products, from the manufacturer to the client.
iii. "Food Processing" is defined as the processing and preparation of food
products under all applicable local, state, and federal regulations.
iv. "Indoor Aquaculture" is defined as the breeding, raising and harvesting
of fish, shellfish, or aquatic plants under controlled conditions within the interior of a building,
including wholesale and retail distribution of such products.
v. " Industrial" is defined as the assembly, fabrication, storage,
transportation, or processing of goods and materials.
vi. "Retail" is defined as the sale of goods, products, or merchandise
directly to the consumer, including the sales of food and beverage products.
are provided.
vii. "Office" is defined as a place where business or professional services
viii. "Data center" is defined as a place where large scale electronic data is
collected, stored, processed, and/or analyzed for business or governmental purposes.
ix. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same.
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x. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
Specific Prohibitions
b. The Brownfields Property may not be used for childcare centers, adult care
centers, or schools without the prior written approval of DEQ, which approval shall include, but
is not limited to, the proper regulatory closure of the onsite reservoirs.
c. The Brownfields Property may not be used for residential use without the prior
written approval of DEQ, which approval shall include, but is not limited to, the proper
regulatory closure of the onsite reservoirs.
d. The Brownfields Property may not be used for dry cleaning operations using
chlorinated solvents.
Environmental Management Plan
e. Physical redevelopment of the Brownfields Property may not occur other than
in accordance, as determined by DEQ, with an EMP approved in writing by DEQ in advance
(and revised to DEQ's written satisfaction prior to each subsequent redevelopment phase) that is
consistent with all the other land use restrictions and describes redevelopment activities at the
Brownfields Property, the timing of redevelopment phases, and addresses health, safety and
environmental issues that may arise from use of the Brownfields Property during construction or
redevelopment in any other form, including without limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
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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
£ 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 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
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suspected or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water, or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
Demolition Activities
g. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
in paragraph 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
h. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 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.e. above, or a plan
approved in writing in advance by DEQ.
Soil
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i. No activity that disturbs soil on the Brownfields Property, may occur unless and
until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 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
EMP as outlined in subparagraph 12.e. above.
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 subparagraph 12.e. above.
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:
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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.
1. No disturbance or alteration of the slabs within the footprints of the existing
buildings, as depicted on the plat component of the Notice of Brownfields Property referenced in
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paragraph 16 below, may occur unless in accordance with a DEQ-approved EMP, in connection
with other applicable State regulatory activities, or in the case of emergency circumstances for
repair of underground infrastructure, in which case DEQ shall be provided written notice no later
than the next business day and any related assessment and remedial measures required by DEQ
shall be taken.
Surface Water
in. Surface water at the Brownfields Property, including the onsite reservoirs, may
not be used for any purpose, other than in connection with legally compliant storm water
collection and reuse techniques, without the prior written approval of DEQ.
n. Water contained within the onsite reservoirs shall not be discharged to surface
water unless performed in accordance with all applicable rules and regulations. Any sediment or
sludge in the bottom of the onsite reservoirs at the Brownfields Property cannot be used, spread,
or otherwise placed elsewhere on the Brownfields Property, nor can it be removed from the
Brownfields Property unless disposed of at an appropriately permitted facility, without prior
written DEQ approval.
o. Public access to the onsite reservoirs shall be prohibited through engineered
controls (e.g. fencing) around the reservoirs.
Property Access
p. 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
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purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
Abandonment of Monitoring Wells
q. Within 60 days after the effective date of this Agreement or prior to land
disturbance activities, whichever occurs first, Prospective Developer shall abandon all
monitoring wells, injection wells, recovery wells, piezometers and other man-made points of
groundwater access at the Brownfields Property, in accordance with Subchapter 2C of Title 15A
of the North Carolina Administrative Code, unless an alternate schedule is approved by DEQ.
Within 30 days after doing so, the Prospective Developer shall provide DEQ a report, setting
forth the procedures and results.
Damage to Wells
r. Except for the work related to subparagraph 12.q. above, the owner of any
portion of the Brownfields Property where any existing, or subsequently installed, DEQ-
approved monitoring well is damaged by the owner, its contractors, or its tenants, 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.
Notifications upon Transfer
s. 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 Halifax County land
V.
20010-16-042/Sonrise Industrial Center/230ct2023

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 conveying a leasehold interest may use the following mechanisms to comply
with the obligations of this paragraph: (i) If every lease or rider is identical in form, the owner
conveying an interest may provide DEQ with a copy 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
t. 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
19
20010-16-042/Sonrise Industrial Center/230ct2023

liquid storage containers totaling no more than 25 gallons;
iii. in products or materials that are brought onto the Brownfields
Property, kept in their original packaging or containers (that is, not used or repackaged) and later
removed from the Brownfields Property in the original packaging or containers; and
iv. as constituents of products and materials customarily used and stored in
warehousing distribution, food processing, indoor aquaculture, retail, office, data center,
associated parking, and subject to DEQ's prior written approval, other commercial uses,
provided such products and materials are stored in original retail packaging and used and
disposed of in accordance with applicable laws, and are not stored in bulk quantities (i.e., drums
or containers of a volume greater than 5 gallons are prohibited).
Land Use Restriction Update
u. During January of each year after the year in which the Notice referenced
below in paragraph 17 is recorded, the owner of any part of the Brownfields Property as of
January Is' of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of Halifax County, certifying
that, as of said January I", the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Halifax County Register of Deeds office and that the land use
restrictions are being complied with. If ownership of any portion of the Brownfields Property is
transferred, the grantor shall submit a LURU (as outlined above) which covers the period of time
they owned such portion of the Brownfields Property during the calendar year of the transfer.
The submitted LURU shall state the following:
20
20010-16-042/Sonrise Industrial Center/230ct2023

i. the Brownfields Property address, and the name, mailing address,
telephone number, and contact person's e-mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a
joint LURU is submitted, acquired any part of the Brownfields Property during the previous
calendar year;
ii. the transferee's name, mailing address, telephone number, and contact
person's e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year;
and
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 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.
v. A LURU submitted for rental units shall include enough of each lease (or rider
or abstract) entered into during the previous calendar year to demonstrate compliance with lessee
notification requirements in paragraphs 17 and 18 of this Agreement; and
w. A property owners' association or other entity may perform this LURU duty,
on behalf of some or all owners of the Brownfields Property, if said association or entity has
accepted responsibility for such performance pursuant to a notarized instrument satisfactory to
DEQ that includes at a minimum, the Brownfields Property address, and the name, mailing
21
20010-16-042/Sonrise Industrial Center/23Oct2023

address, telephone number, and e-mail address of each owner on whose behalf the LURU is
proposed to be submitted.
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.
VIIL ACCESS/NOTICE TO SUCCESSORS IN INTEREST
15. In addition to providing access to the Brownfields Property pursuant to subparagraph
12.p. above, while the Prospective Developer owns the Brownfields Property, Prospective
Developer shall provide DEQ, its authorized officers, employees, representatives, and all other
persons performing response actions under DEQ oversight, access at all reasonable times to other
property controlled by Prospective Developer in connection with the performance or oversight of
any response actions at the Brownfields Property under applicable law. Such access is to occur
after prior notice and using reasonable efforts to minimize interference with authorized uses of
such other property except in response to emergencies and/or imminent threats to public health
and the environment. While Prospective Developer owns the Brownfields Property, DEQ shall
provide reasonable notice to Prospective Developer of the timing of any response actions to be
22
20010-16-042/Sonrise Industrial Center/230ct2023

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 Halifax County, North
Carolina, Register of Deeds' Office. Within three (3) days thereafter, Prospective Developer
shall furnish DEQ a copy of the documentary component of the Notice containing a certification
by the register of deeds as to the Book and Page numbers where both the documentary and plat
components of the Notice are recorded, and a copy of the plat with notations indicating its
recordation.
17. This Agreement shall be attached as Exhibit A to the Notice. Subsequent to
recordation of said Notice, any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: "This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Halifax
County land records, Book , Page .91A 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
23
20010-16-042/Sonrise Industrial Center/230ct2023

extent said redactions comply with the confidentiality and trade secret provisions of the North
Carolina Public Records Law. Prospective Developer may use the following mechanisms to
comply with the obligations of this paragraph as to leasehold interests: (i) If every lease or rider
is identical in form, Prospective Developer may provide DEQ with a copy of a form lease or
rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed
leases, to the persons listed in Section XVII (Notices and Submissions); or (ii) Prospective
Developer may provide abstracts of leases, rather than full copies of said leases, to the persons
listed in Section XVII.
18. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
IX. DUE CARE/COOPERATION
19. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property while Prospective
Developer owns 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
24
20010-16-042/Sonrise Industrial Center/230ct2023

with any applicable notification requirements under NCGS § 130A-310.1 and 143-215.85,
Section 103 of CERCLA, 42 USC § 9603, and/or any other law, and shall immediately notify the
DEQ Official referenced in subparagraph 3 La. below of any such required notification.
X. CERTIFICATION
20. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
subparagraph 12.a. of this Agreement. Prospective Developer also certifies that to the best of its
knowledge and belief it has fully and accurately disclosed to DEQ all information known to
Prospective Developer and all information in the possession or control of its officers, directors,
employees, contractors and agents which relates in any way to any past use of regulated
substances or known contaminants at the Brownfields Property and to its qualification for this
Agreement, including the requirement that it not have caused or contributed to the contamination
at the Brownfields Property.
XI. DEQ'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
21. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
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
25
20010-16-042/Sonrise Industrial Center/230ct2023

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
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
26
20010-16-042/Sonrise Industrial Center/230ct2023

conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health, or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
22. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
23. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et SeMc .
24. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 21 through 23 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
27
20010-16-042/Sonrise Industrial Center/230ct2023

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.
XIIL 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 Parry'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 §
W.
20010-16-042/Sonrise Industrial Center/230ct2023

130A-310.33(a)(l)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XV. DOCUMENT RETENTION
29. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
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.
29
20010-16-042/Sonrise Industrial Center/230ct2023

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 Branch (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:
Scott Aman, President (or successor in function)
Halifax County Business Horizons, Inc.
260 Premier Boulevard
Roanoke Rapids, NC 27870
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
30
20010-16-042/Sonrise Industrial Center/230ct2023

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
31
20010-16-042/Sonrise Industrial Center/230ct2023

contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
36. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XXI. PUBLIC COMMENT
37. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.
32
20010-16-042/Sonrise Industrial Center/230ct2023

IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Bruce Nicholson Date
Brownfields Redevelopment Section Chief
Division of Waste Management
IT IS SO AGREED:
Halifax County Business Horizons, Inc.
By:
Scott Aman
President
33
Date
20010-16-042/Sonrise Industrial Center/230ct2023

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Exhibit 2
Brownfields Property Name: Sonrise Industrial Center
Brownfields Project Number: 20010-16-042
The following tables set forth, for contaminants present at the Brownfields Property
above unrestricted use standards or screening levels as reported in the Environmental Reports in
paragraph 4 of the Brownfields Agreement to which this is an exhibit, the concentration found at
each sample location, and the applicable standard or screening level. Screening levels and
standards are shown for reference only and are not set forth as cleanup or mitigation levels for
purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
the standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, or the 2L Groundwater Interim Maximum Allowable
Concentrations (IMACS) (April 1, 2022 version):
Groundwater
Contaminant
Sample Location
Date of
Sampling
Concentration
Exceeding
Standard (µg/L)
Standard
W/L)
1, 1 -Dichloroethane
1/14/2016
6
lM 4
180
1,2-Dichloroethane
MW-1
1/14/2016
1.8
0.4
Cis-1,2-Dichloroethene
MW-15
4/9/2021
578
70
RMC-GW-MW-
15/DUP
9/8/2022
217/215
1, 1, 1 -Trichloroethane
MW-1
1/14/2016
1,300
200
Tetrachloroethylene
MW-1
1/14/2016
9.9
0.7
MW-2
1.0
0.1
MW 5 Du
8�1.8
MW-6
4 17
MW-15
4/9/2021
7,380
RMC-GW-
MW 15/DUP
9/8/2022
3,740J+/3,740J+
RMC-GW-TW-01
9/8/2022
3.4J+
1,2,3-Trichlorobenzene
MW-16
4/9/2021
0.582J
NSE
Trichloroethylene
MW-5/Dup
1/14/2016
3.9/3.9
3
MW-7
39
Sonrise Industrial /20010-16-042/23Oct2023

Groundwater
Date of
Concentration
Standard
Contaminant
Sample Location
Sampling
Exceeding
W/L)
Standard ( /L)
1/14/2016
MW-15
2,910
Trichloroethylene
3
RMC-GW-MW 15
9/8/2022
254/264
J+ — The reported concentration is an estimated value, biased high, between the method detection limit
and the laboratory reporting limit.
J — The reported concentration is an estimated value between the method detection limit and the
laboratory reporting limit.
NSE — No standard established
RMC-GW prefix refers to the US EPA sampling event conducted at well MW-15 and does not represent a
separate groundwater sample location.
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, Non -Residential Vapor
Intrusion Screening Levels (VISL) (July 2023 version):
Groundwater
Concentration
Non -
Residential
Contaminant with
Sample Location
Date of
Exceeding
VI Screening
Potential for Vapor
Sampling
Screening Level
Level
Intrusion
/L
(µg )
(µg/L)
1, 1 -Dichloroethane
1/14/2016
33
4
180
lM
1,1-Dichloroeth lene
MW-1
1/14/2016
240
160
Cis-1,2-
MW-15
4/9/2021
578
Dichloroethylene
MC-GW-
9/8/2022
217/215
210
I
Trans-1,2-
MW-7
1/14/2016
1.1
NSE
Dichloroeth lene
MW-15
4/9/2021
7,380
RMC-GW-
9/8/2022
3,740J+/3,740J+
Tetrachloroethylene
48
MW 15/DUP
1,2,3-Trichlorobenzene
MW-16
4/9/2021
0.582J
NSE
MW-7
1/14/2016
39
MW-13
4/9/2021
5.2
Trichloroethylene
MW-15
4/9/2021
2,910
4.4
RMC-GW-
9/8/2022
254/264
MW 15/DUP
Sonrise Industrial /20010-16-042/23Oct2023

Groundwater
Concentration
Non -
Residential
Contaminant with
Sample Location
Date of
Exceeding
VI Screening
Potential for Vapor
Sampling
Screening Level
Level'
Intrusion
(µg/L)
1/14/2016
MW-5/Du
4.2/4.2
Trichlorofluoromethane
NSE
RMC-GW-MW3
7/28/2022
0.6J
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NSE — No screening level established.
J — The reported concentration is an estimated value between the method detection limit and the laboratory
reporting limit.
J+ — The reported concentration is an estimated value, biased high, 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 Industrial Health- Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (July
2023 version):
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
m /k
Industrial
Screening
Level (mg/kg)
Acenaphthylene
SS-3
1-2
4/7/2021
0.071J
NSE
SS-10
8-10
0.038J
SS-12
1-2
4/8/2021
0.025J
Arsenic
SS-1
4-5
4/7/2021
4.93
3.0
SS-2
4-5
4/8/2021
4.37
SS-4
4-5
4/6/2021
5.50
SS-5
1-2
4/6/2021
7.30
SS-6
1-2
6.98
SS-7
4-5
4/8/2021
8.83
SS-9
4-5
7.69
Benzo(g,h,i)perylene
B-4
2.5-5
1/12/2016
0.12J
NSE
SS-3
1-2
4/7/2021
0.40J
SS-10
8-10
0.394J
SS-12
1-2
4/8/2021
0.144J
SS-13
1-2
4/6/2021
0.119J
Phenanthrene
B-4
2.5-5
1/12/2016
0.15J
NSE
Sonrise Industrial /20010-16-042/23Oct2023

Concentration
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Exceeding
Screening
Level
Industrial
Screening
Level (mg/kg)
(mg/k
B-5
0-5
1/12/2016
0.17J
SS-3
1-2
4/7/2021
0.39J
Phenanthrene
NSE
SS-10
8-10
1.19
SS-11
1-2
4/8/2021
0.027J
SS-12
1-2
4/8/2021
0.13J
SS-13
1-2
1 4/6/2021
0.52J
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NSE — No screening level established.
J — The reported concentration is an estimated value between the method detection limit and the laboratory
reporting limit.
These single digit arsenic values are consistent with naturally occurring arsenic in NC soils.
SUB -SLAB VAPOR
Sub -slab vapor in micrograms per cubic meter, the screening levels for which are derived
from Non -Residential Vapor Intrusion Screening Levels of the Division of Waste Management
(July 2023 version):
Sub -slab Vapor
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening Level
/m3
Non -Residential
Screening Level '
(µg/m )
Acetone
SG-1
4/16/2021
56.5
NSE
SG-2/Dup2
109/91.6
SG-3
66.6
SG-4
150
SG-5
96.11
SG-6
94.6
SG-7
1,650
SG-8
4,730
SG-9/Du
6/22/2022
65.3/51
1,3-Dichlorobenzene
SG-7
4/16/2021
5.07J
NSE
SG-9/Du
6/22/2022
0.577J/0.535J
Eth lbenzene
SG-2/Du 2
4/16/2021
3,080/2,960
490
4-Ethyltoluene
SG-4
4/16/2021
7.68
NSE
SG-8
68.1
NSE
SG-9/Du
6/22/2022
0.629J/0.929J
Naphthalene
SG-4
4/16/2021
172
36
4
Sonrise Industrial /20010-16-042/23Oct2023

Concentration
Non -Residential
Sub -slab Vapor
Sample
Date of
Exceeding
Screening Level'
Contaminant
Location
Sampling
Screening Level
(µg/m3)
Naphthalene
SG-8
4/16/2021
211
36
SG-1
3.31
SG-3
449
4/16/2021
SG-4
3.04
Trichlorofluoromethane
NSE
SG-5
30.2
SG-9/Du
6/22/2022
2.76J/2.77J
Xylenes, Total
SG-2/Dup2
4/16/2021
17,000/12,300
8,800
'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.
2A slab was not confirmed to be present below the wooden floor in the area of soil gas sample SG-2 and
its Duplicate (Dup).
NSE — No screening level established.
J — The reported concentration is an estimated value between the method detection limit and the laboratory
reporting limit.
INDOOR AIR
Indoor air contaminants in micrograms per cubic meter, the screening limits for which are
derived from Non -Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (July 2023 version):
Concentration
Sample
Date of
Exceeding
g
Non -Residential
Indoor Air Contaminant
Location
Sampling
Screening
Screening Level'
Level (µg/m3)
(µg/m3)
IA-1/IA-Dup
6/22/2022
5.75/4.97
Acetone
NSE
CS-1/Du 2
4/16/2021
5.03/6.52
Chloroform
IA-1
6/22/2022
0.718J
0.53
Naphthalene
IA-1/IA-Du
6/22/2022
0.598 J/0.571J
0.36
CS-12
4/16/2021
20.2J
Trichlorofluoromethane
IA-1/IA-Dup
1 6/22/2022
1.84/1.84
NSE
'Screening limits 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.
2The CS -series represent crawlspace air samples; therefore, they are considered to be equivalent to indoor
air for regulatory purposes.
NSE — No screening level established.
Sonrise Industrial /20010-16-042/23Oct2023

SURFACE WATER
Surface water contaminants (in micrograms per liter, the equivalent of parts per billion),
the unrestricted use standards for which are contained in Title 15A of the North Carolina
Administrative Code, Subchapter 213, Rule .0208 (June 10, 2019 version):
Concentration
Surface Water
Date of
Standard
Sample Location
Exceeding Standard
Contaminant
Sampling
(µ g/L)
(µg/L)
Cadmium
SW-1/Du -2
4/9/2021
0.4/0.5
NCH
Lead
SW-1/Du -2
4/9/2021
8.8/8.6
NCH
Mercury
SW-1
4/9/2021
0.03J
0.012
NCH — Not calculated because hardness value was not provided with analytical data.
J — The reported concentration is an estimated value between the method detection limit and the laboratory
reporting limit.
SEDIMENT
Sediment contaminants in milligrams per kilogram (the equivalent of parts per million),
the screening levels for which are derived from the Preliminary Industrial Health- Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (July
2023 version):
Concentration
Industrial
Soil
Sample
Date of
Exceeding Screening
1
Screening Level
Contaminant
Location
Sampling
Level
(mg/kg)
(mg/kg)
Arsenic
SED-1
4/8/2021
13.5
3.0
Chromium, VI
SED-1
4/8/2021
221
6.5
Phenanthrene
SED-1
4/8/2021
0.086J
NSE
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NSE — No screening level established.
J — The reported concentration is an estimated value between the method detection limit and the laboratory
reporting limit.
Sonrise Industrial /20010-16-042/23Oct2023

RNA MEADOWS
ROANOKE RAPIDS FAYE L PIERCE FRED M. DRAPER DLAJA LEE COMMISSMA PROPERTIES OB 2407 PO 485 W z
NORTH CAROLINA DB 1708 PC 307 ROBERT WILSON COPELAND AND = \ o
HOUSING AUTHORITY DB 1'0 2118 DB 2488 PG 329 LLC PID 0901855
DB 2377 PG 680 PID 090J214 PID 090569f DB 2555 PG 538
PID 092230 MARf� DS 2352.PG 485 ND ROLLING RD r A O
PID 090495E PID 902514
K_enn_e_th_Odo_mJr,_P_LS ____ certify that R/w - - R w PID 0904382
Y CP IN 1/2"SIR POB TRACT 4 ` Z
this map was drawn under my supervision from an actual survey WEST 10TH STREET RAILROAD N s87750.9081' �Tti x-/'�
made under my supervision, deed and description recorded in (60'-R/w) 1"F S 68'47'11"E 300.23' S 68.36'43"E 1 1 2"FIR SIGNAL POST E 2394253.6116' ST,Q -, m
Deed Book _ LE _ Page shown ; that the boundaries not surveyed R/w DELMESHIA L JONES 1 1/2-FIR 59.75' S 68.48'37"E 300.00' TOTAL pn �� C, SS Fe% G Z �
are clearly indicated as drawn from information found in °PID 0909°34 79;96 1 X (FIR TO SIGNAL POST) 6°' ROANOKE RAPIDS S S� DT/y zl
Y o DB 2066 PG 74 f Ss SITE S jA( -, 0 t n
RAILROAD ,, a. PID 0919637 'r` -�� Q
Deed Book _ as _ Page shown ; that the ratio of precision as calculated DELMESHIA L JONES TAX PARCEL 920096 CONTROLS NEW DIXIE OIL py FT G
10 000+ -)o
DB 24 Po 696 w PINj 3998-06-37-6795 Q DB 879 Po 152 ��
is 1 _ �____ and that the Global Navigation Satellite System (GNSS) was used PID oeo6764 x �\ , g zI _ PID 0900380 Ao
to perform a portion of this survey and the following information was used: ROANOKE RAPIDS N# PARCEL 37-67 y
PIN/ 3898-OB-37-6795 - S 68.45'29"E Q
HOUSING AUTHORITY
DB z579 PG 450 I \ I �D 1 140.05' I I 1
PID 0904926 0 GRAVEL PARKING LOT
ROANOKE RAPIDS rc w �^
Class of Survey: ____Class A 4 � �,
Positional Accuracy:_0.10'_ HOUSING AUTHORITY I
50
Type of GPS Field Procedure ....RTK ° Po o05037 Q \ 8 Q W
Dates of Survey: _ 4 20 23 ROANOKE RAPIDS W
--- - 1-1------------
Datum/Epoch: _______ NAD 83_�201 �__ HOB 26 9 PO 71TY x s �Q o� �I �N SAM POWELL \
_-_- °PID60901764a�I� �-^ DAIRY R y�Y15 0
Published/Fixed-Control Use: -YESR04NOKE RAPIDS p ` D N O Op a&? ��+� DARSHAN ENTERPRISE, INC 8 Q
---- HOUSING AUTHORITY e \ O� V. 6 m z 60 i4 �j D POD 2 0900166 �` G
Geoid Model: _ ____ GEOID_12B _________ DB 2659PG 77 �`
Combined Grid Factor: 1_000085278 PID 0803392 W F� \� O r O o kM 0 G
Units: ---____-- US Survey Feet-----_-_-- HouSA1NNGAUTTHHOORRTY W ® �_� G 1 s \
W pLt paF! n° p\ p•
DB 2659 PG 77 g �� fym Q In j
PID 0902411 N ' D ` D �Z� \ Q
ROANOKE RAPIDS \, 'X " ? o' I S 1 W VICINITY MAP NOT TO SCALE
I further certify that this plat meets the requirements of the standards of practice HOUSING AUTHORITY `'� �- Yn U, k oDB 2-363 PG Q
for Land Surveying in North Carolina 2 NCAC 56 1600 and that this plat was prepared ID 0902WO ° �' sZ' I SG,6 �� o �1JG
Y g () ) P P P D eu1�` TRACT 4 N 3
in accordance with G. S. 47 - 30 as amended. Witness m original si nature, license number ROANOKE RAPIDS z �� a 9o• N (1.64 ACRES)
Yg H��i3si +°Ra'oTM W Cy g PID 0900556 a
PID OM144 = ® „ I ,� � \ P i Z GRASS AREA �
and official seal this day of October A. D.. 2023 M s \ ® „ PAUL KENNEDY AND
Professional Land Surveyor
PLS - 3652
License Number
I, Kenneth W. Odom, Jr., P.L.S., Professional Land Surveyor No. 3652
t' f th t th' l t' f f ' t' 1 1 f
MELVA D. SORTO DEMONTES <'' y�JC "-,y - a 0 DAM KENNEDY
DS POD80907931 PG I NO "o w ®55,3 5G i V- D O I I y�l+l a .+' I RDDS B 0907109 PG 7
iZ Q 5 ' ° �D ` D p , I �j I C1T1' DB 6SS 0 44f RAPIDS n Z
JOSE F. VELASWEZ I W rc m 5 ° Q ,' W
< a� , °,• Y ca �n 1 I I I PID 0909239 1J
DB 2720 PC 335
PID 0902627 M
EUGENE ST CLAIR m
STEVEN B. WEST a y�v ` \ a •�' a WILL BOOK 20-E PG 128
° PID 09 P00555 8 Z �c�g0 e a ii a PID 900239
Ep oss M'' , 9 D ` N 68.4528"IN
N t PR D y p p a SWAIN L1 R 140.32'
WEST 11 TH STREET (60' - R/W)
cer L y a as p a is o a survey o an exis ing parce or parce s o $
5� ° ' 361.72' TOTAL 1/2"FIP
land that does not create anew street or change an existing street. Z - -
STEVEN B. WEST�L2 44.78' 316.94'
3 DB 1979 PG 22ED
Seal or Stamp ______________ \ PID 09080fW RAILROAD RAILROAD CONTROL BOX
U
------------------------
-WFF
Professional Land Surveyor No. 3652-971Pv-EN9. TAMMYY NEST 4 ° • `� Zc 1 SIGNAL POST �® ° �sa \ SPADB 2688 GA271
LS LLC
DS 1792 PG 152 I D ` Q O�js' •• IP. PID 0900562
PID 907782 TAX PARCEL 900568 00.
D D y • , ° cJ, "'•J 60, PIN/ 3998-10-36-3716
CHERYL CITY OF ROANOKE RAPIDS S9 TEA
OB 2678PG 473
TOLTZNS D ` `p a i ° , D ' D e
DB 695 PG 99 PID 0807182 W <� , ° P�
PID 0911565 ST VENiB. WESPG T 112"SIR 1 "FIR D ',C- c NG ' ° • D ' D 0?0
3 3 1/2"FIP PID 0902385 I S 68'43'40"E I D' " M� �1`�� . b < $ ®\ / \ O� ryo oIMMq� 'Q m.
K �\ 1 140.00'� < GP p D a i ° ' 4 \ 7\S� q /� GRADY W. HUX AND
I hereby certify that I am the owner of the property described TRACT 3 aO I s e <` JEAN E HUX
O p' `D a • W 'oG DB 2364 PG 39
hereon, which property is within the subdivision regulation �\5� ¢ (0.868 ACRES) o W ? o ' D W •,,> tx, < • ; rw 1/2"FIR '�.i PID 0900067
jurisdiction of the City of Roanoke Rapids, and that I freely �, PID 0900551� ,Ss s rho 0�
J Y P Y I- JAMES T. CLARK AND WIFE
LLJ KATHRYN A. CLARK
adopt this plan of subdivision. (�G W DS 1641 PG 205 ® o p BUILDING ➢ ' 1 '2�S?b T'f'
PID 0900913 p ASPHALT PARKING AREA M 0.38' OVER LINE 'A $G'
n PARKING SPOTS NO LONGER p ' y (� 1• F` �`'T
( \N Q O n VISIBLE N cY LARRY J. HARRUP
N W N a • 55'g �r w w a o� 1/2"FIP °BPID720 PG 080501868
-------------------------------------------------- O ® C4
oU) SG'O ' D
Date Owner 3 TRACT 2 J SUSAN P. THOMPSON -�',fOj
h _' 1 DB 1748 PG 502 I 1/2"FIP FMN N 9? 5 I� z CHAIN LINK FENCE ALONG THE
L 0.24 ACRES) o w0 o9os72z ® N f,
�a PORTION < a BOUNDARY OF AN UNRECORDED
Legend PID09564 Z LEASE AGREEMENT WITHwA
kh D 1 5 w CSX TRANSPORRON, LLC - %y
ASPHALT PARKING AREA ' 1/2"SIR POB TRACT 1
PARKING SPOTS NO LONGER N '1. 60 5/8"FIR D a, N 986768.3280'
o = Computed Point 3/4"FIP _ o, N GUADALUPE S. DE LA 0 0 �$ J v� o E 2394407.3860'
p S 68.43'36"E 299.97' o VISIBLE 1�
DB = Deed Book - 3/4"FIP o r' 5 8 FIR AND �� $ ® t SPUR R/w APPROXIMATE
TRACKS CONCRETE PAD r I
CITY OF ROANOKE RAPIDS N / " ® ® MARAGARITA DE LA O ti o �G t M RALPH DAVID LYNCH
FIP = Found Iron Pipe DB 1447 PG 205 PhQh I °PID 0 02PG 66 935 4J4 TRACT 1 (SEE ITEM 8 - DB 856 PG 197) DESTROYED BUILDING De 2226 PG 221
PID 0911454 LI / .�� (47TR ACRES) O O 5 1 PID 0900427, 09004M 0900423
FIR =Found Iron Rod N 20'55'33"E 2 1/2"FIR N 68'49'39"W 1/2"FIP d� INCLUDING MONROE STREET Z 55� O ® LO
N/F = Now or Formerly 1 2 FlP 1 •5D 6 MW-3/RMC-GW-MW3
4.31' PID 0900566, 0920096 AND A 55' S
oh = overhead power lines 1/2"FIP POB TRACT 3 Et ® PORTION OF 0911564 OVERHEAD PIPES ss' g
p p 1/2"FlP POB TRACT 2 WEST 12TH STREET N 987104.4610' 0� B I O N THE HAUFAX-WARREN SMART START
PG = Page N 987276.2280' (60' - R/W) E 2393015.6530' hl PARTNERSHIP FOR CHILDREN, INC
6 SG Ul DB 1833 PG 347
PB = Plat Book E 2392524.3600' S 68.49 39 E 500. 0 o� A Gps o /� PID 0900062 AND 0900063
�YP, 1/2"FIP X y� / �,�� •NRN Groff APPROXIMATE EASEMENT
PC = Plat Cabinet e. P4b / A- 50 ® NP °T' (°B '222 P° s9) I GRAVEL
POB Point of Beginning SUN N
of Sv' w ® 4 \ EASEMENT LINE WEST 12TH STREET
=�N• &rJ�/ � ® _
R/W = Right of Way N ` S GAS
/ W.p ® SG�k �ryry I•A GAS �GAS GA -GAS $��----�ppA ASPHALT
SL = Slide fJ' ; GRp's D ti �TiAS _ GAS (60' - R/W)
TRACT 5 `� M1 55 O INA N 68.48'18'Mr GAS _
SD = Storm Drain `^ �p
(5.00 ACRES) T M I \)\\-� 'G;F� INACCESSABLE POINT
SF = Square Feet h� PID 0911457 op W GRp ® R R\GN g • \�'l� =1 EASEMENT AREA B
UG = Underground M F , ®® .0 0 6 03 6® 6 bo n9 �� (OJ�oes ITEM
74)
O = Set Iron Rod a W • o "p ® I s M\� e�• j /toe® � AND NIA
ELEC
COMPANY
® =light pole o se ® a
DB 2f96 PG 494
♦ power pole x o O - SED-1 APPROXIMATE PID 0900411
O = water meter W ° p UP UGp O 09�aE SW-1/DUP-2 ry0 UNDERGROUND NATURAL GAS LINE
(DEED NOT FOUND)
N b . 2�0 rp P ryy6 N
= fire hydrant / e sG' D p ®� 61 o �1
N CL
//�� e •a Cs ®`0
ch
(D =sprinkler valve ry
0Io-0/MW-16
= water valve -SIRU ►lN
\ VIRONIA ELECTRIC AND POWER coMPANJ
® = manhole (unidentified) x
(OB 2066 PG 222)N
0 = sewer manhole ; ' D D . e : ` a G,3 1r O py } PID 911549 Q
= MonitoringWell s
❑ =Soil Sample Location nd•a $^ D` goo) D� v � y�PO � 3 a"FIP N 73•06'44"W W1/2„FlP
p N 4 p. S, \P'OUP • ® / P� D SW-if/MW-15 / i 167.81'
® = Crowlspoce Sample Location / Indoor Air so , D • �� ',° �¢ RMC-GW-MW15 DUP `1
0 = Soil Gas Sample Location s1v �,�• a 3P p e < �. C
0 = Soil and Groundwater Sample Locations S29>7 k�'ary4ry� s o > . D ` D • ` I SG'g�� ® D�p R ' p D • \ �3" `� VIRGINIA ELECTRIC AND j Uj
'I
�.`0 D e- ; ° . P^� 6 50" ph o POWER COMPANY
O = Surface Water and Sediment Sample Location �� p! ° �pss 3 O a,
1� Y rn (DB 2086 PG 222 � � Q
® = Historical Soil Boring & Monitoring Well 1 9P0 ' ° D ` D �p� D' / �^ ASPHALT AREA O M µ PID 0920018 ) p
X = Temporary Monitoring Well °�� 0 ° + ^ N O N
0 b / v \
FRRS 0 \ ��
- E - =overhead or underground powerline \ N 4 c7Nk F o�Ep ,o N " s sasl'aa"E ac ?�
- X - = fence R 1/2"FIP POB TRACT 5 FS`TS73g CE GRpss 'o 1/2"FIP 160.97' ~ O \ I
N 986765.8310' �� ® f 2 EASEMENT AREA A'
= lines not surveyed easement line E 2392260.8510' JAECO PROPERTIES, LLC i6 �7� L 22.4 , SEE ITEM 10 /^ Q
- GAS- -Natural Gas Line PID 09157 47 -� 36 gyp¢ ASPHALT PARKING AREA_ 4? • (DB 2068 PG 74)
F psa PARKING SPOTS NO E
= Brownfields Boundary Line i F% N G1L 0 LONGER VISIBLE V G
This survey was performed without the benefit of a current Title Report, \ CSI,R 4s'7s7 ° B2697 Tic �
�I // s ASPHALT AREA RAILROAD CONTROL BOX DB 2697 PG 328
and as such, this survey Is subject to all easements, agreements, \ `/QO 2j.0> 5/8"FlR 373'OVER LINE PID 0900578
RMC-GW-TW-1
and rights -of -way of record prior to the date of this plat. ��� �^' 589.34' 222.92' 33.36' (TIE LINE) FRRS /w
V/9I�1' i/2"FlR N 68.46'20"W 845.62' (TOTAL) 3/4"FlR 1 N 68'47'12"W 301.59' R
R NCj�F 1/2"FIP TO 1/2-FIR WEST 13TH STREET /2"FIP
EXHIBIT B \ N 57'07'05 (60' - R/W) R/W
to The Notice of Brownfields Property 73.80, \
SURVEY PLAT \ R=182.67' M.J. PRICE CONSTRUCTION CO., INC M.J. PRICE CONSTRUCTION CO., INC
BROWNFlELDS PROvFCT NAME SOLARISE INDUSTRIAL PROPERTY ARC' 74 31' °PID 0800577 DB 2495 PG 9
PROPERTY OWNER: SONRISE RECLAMATION, LLC PID 900577
PROSPECTIVE DEVELOPER: HAUFAX COUNTY BUSINESS HORIZONS, INC
BROWNFlELDS PROJECT NO. 2WIO-16-042
19M Mwnry -Wrwwf 1.7fv of Rnnnnlrw RnnlA1•_ Nnllfinx `.nun+v NAr#h 1%Mpllna -----Review Officer of
BROWNFIELDS PROPERTY INFORMATION
TRACT 1
47.13 ACRES
TRACT 2
1.24 ACRES
TRACT 3
0.868 ACRES
TRACT 4
1.64 ACRES
TRACT 5
5.00 ACRES
TOTAL BROWNFIELDS PARCEL ACRES
55.878 ACRES
Course
Bearing
Distance
L1
S 68'45'29" E
41.12
L2
N 69.00'18" W
59.57'
L3
N 6846'05" W
60.00'
L4
S 82.01'05" E
5.00'
900 Halifax County, certify that the map or plat to which this I
certification is affixed meets all statutory requirements
for recording.
150 0 150 300 450
GRAPHIC SCALE - FEET
The areas and types of contamination depicted hereon are approximations
derived from the best available information
at the time of filing. A listing of the technical reports used to prepare
this plat are available in the Brownfields Agreement for this property.
Curve
Chord Bearing
Chord Distance
Radius
Arc Length
C1
S 8838'31" E
41.75
60
42.64'
C2
N 45.47 32 E
49.81'
60'
51.37'
C3
S 07.48'06" W
35.93'
500.59'
35.93'
C4
S 30'16'02" W
8.75'
500.59
8.75'
C5
N 14.16'23" E
401.89'
1492.77'
403.11'
C6
S 15'42'50" W
342.46
577
343.16 '
S 05.53 35" W
188.67'1547C7
77
188.69'
C8
S 43.36'35W
153.23'
427.36'
154.06'

LAND USE RESTRICTIONS
NCGS 130A-310.35(a) requires recordation of a Notice of Brownfields Property ("Notice") that identifies any restrictions on the current and future use of a
Brownfields Property that are necessary or useful to maintain the level of protection appropriate for the designated current or
future use of the property and that are designated in a Brownfields Agreement pertaining to the property. This survey plat constitutes one of three exhibits to
the Notice pertaining to the Brownfields Property depicted on this plat and recorded at the Halifax County Register of
Deeds' office. The exhibits to the Notice are: the Brownfields Agreement for the subject property, which is attached as Exhibit A to the Notice; a reduced version
of this survey plat,
which is attached as Exhibit B to the Notice; and a legal description for the subject property, which is attached as Exhibit C to the Notice. The land use
restrictions below have been excerpted verbatim from paragraph 12 of the Brownfields Agreement, and all paragraph letters/numbers are the same as those
used in the Brownfields Agreement. The following Land Use Restrictions
are hereby imposed on the Brownfields Property and shall remain in force in perpetuity unless canceled by the Secretary of the North Carolina Department of
Environmental Quality (or its successor in function), or his/her designee, after the hazards have been eliminated, pursuant to NCGS § 13OA-310.35(e):
Land Uses
a. No use may be made of the Brownfields Property other than for warehousing, distribution, food processing, indoor aquaculture, industrial, retail, office, data
center, 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. "Warehousing" is defined as the use of a commercial building for storage of goods by manufacturers, importers, exporters, wholesalers, and transport
businesses among others, and also refers to the storage of goods and materials, including food and grocery products, and the storage of goods and materials
for a specific commercial establishment or a group of establishments in a particular type of industry or commercial activity.
ii. "Distribution" is defined as the sales and delivery of products, including food and grocery products, from the manufacturer to the client.
iii. "Food Processing" is defined as the processing and preparation of food products under all applicable local, state, and federal regulations.
iv. "Indoor Aquaculture" is defined as the breeding, raising and harvesting of fish, shellfish, or aquatic plants under controlled conditions within the interior of a
building, including wholesale and retail distribution of such products.
v. "Industrial" is defined as the assembly, fabrication, storage, transportation, or processing of goods and materials.
vi. "Retail" is defined as the sale of goods, products, or merchandise directly to the consumer, including the sales of food and beverage products.
vii. "Office" is defined as a place where business or professional services are provided.
viii. "Data center" is defined as a place where large scale electronic data is collected, stored, processed, and/or analyzed for business or governmental purposes.
ix. "Parking" is defined as the temporary accommodation of motor vehicles in an area designed for same.
x. "Commercial" is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
Specific Prohibitions
b. The Brownfields Property may not be used for childcare centers, adult care centers, or schools without the prior written approval of DEQ, which approval
shall include, but is not limited to, the proper regulatory closure of the onsite reservoirs.
c. The Brownfields Property may not be used for residential use without the prior written approval of DEQ, which approval shall include, but is not limited to,
the proper regulatory closure of the onsite reservoirs.
d. The Brownfields Property may not be used for dry cleaning operations using chlorinated solvents.
Environmental Management Plan
e. Physical redevelopment of the Brownfields Property may not occur other than in accordance, as determined by DEQ, with an EMP approved in writing by DEQ
in advance (and revised to DEQ's written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions
and describes redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues
that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including without limitation those resulting
from contamination identified in paragraph 3 above;
iii. contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil —water separators, soil contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil before import to the Brownfields
Property and the disposition of all soil excavated
from the Brownfields Property during redevelopment.
Redevelopment Summary Report
f. Within 90 days after each one—year anniversary of the effective date of this Agreement for as long as
physical redevelopment of the Brownfields Property
continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment),
the then —owner of the Brownfields Property shall
provide DEQ a report on environment —related activities since the last report, with a summary and drawings,
that describes:
i. actions taken on the Brownfields Property in accordance with Section VI: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition
of any soil, groundwater, or other materials
suspected or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water, or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property (copies of
all legally required manifests shall be included).
Demolition Activities
g. Unless compliance with this Land Use Restriction is waived in writing in advance by DEQ in relation to particular buildings, demolition and/or renovation of
any or all buildings on the Brownfields Property depicted on the plat component of the Notice referenced in paragraph 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
h. Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ along with any measures DEQ deems
necessary to ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 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.e. above, or a plan approved in writing in advance by DEQ.
Date
Bruce Nicholson, Chief
Brownfields Redevelopment Section
Division of Waste Management
State of North Carolina
County of Wake
Soil
i. No activity that disturbs soil on the Brownfields Property, may occur unless and until DEQ states in writing, in advance of the proposed activity, that said activity
may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in subparagraph 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 EMP as outlined in subparagraph 12.e. above.
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 subparagraph 12.e. above.
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 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.
I. No disturbance or alteration of the slabs within the footprints of the existing buildings, as depicted on the plat component of the Notice of Brownfields Property
referenced in paragraph 16 below, may occur unless in accordance with a DEQ—approved EMP, in connection with other applicable State regulatory activities, or in the
case of emergency circumstances for repair of underground infrastructure, in which case DEQ shall be provided written notice no later than the next business day and
any related assessment and remedial measures required by DEQ shall be taken.
Surface Water
m. Surface water at the Brownfields Property, including the onsite reservoirs, may not be used for any purpose, other than in connection with legally compliant storm
water collection and reuse techniques, without the prior written approval of DEQ.
n. Water contained within the onsite reservoirs shall not be discharged to surface water unless performed in accordance with all applicable rules and regulations. Any
sediment or sludge in the bottom of the onsite reservoirs at the Brownfields Property cannot be used, spread, or otherwise placed elsewhere on the Brownfields
Property, nor can it be removed from the Brownfields Property unless disposed of at an appropriately permitted facility, without prior written DEQ approval.
o. Public access to the onsite reservoirs shall be prohibited through engineered controls (e.g. fencing) around the reservoirs.
Property Access
p. Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for purposes of conducting such assessment or remediation, which is to
be conducted using reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
Abandonment of Monitoring Wells
q. Within 60 days after the effective date of this Agreement or prior to land disturbance activities, whichever occurs first, Prospective Developer shall abandon all
monitoring wells, injection wells, recovery wells, piezometers and other man—made points of groundwater access at the Brownfields Property, in accordance with
Subchapter 2C of Title 15A of the North Carolina Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days after doing so, the Prospective
Developer shall provide DEQ a report, setting forth the procedures and results.
Damage to Wells
r. Except for the work related to subparagraph 12.q. above, the owner of any portion of the Brownfields Property where any existing, or subsequently installed,
DEQ—approved monitoring well is damaged by the owner, its contractors, or its tenants, 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.
Notifications upon Transfer
s. 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 Halifax 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 conveying a leasehold interest may use the following mechanisms to comply with the obligations of this paragraph: (i) If every lease or rider is identical in form,
the owner conveying an interest may provide DEQ with a copy 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
t. None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in Exhibit 2 of this Agreement, and as modified
by DEQ in writing if additional contaminants in excess of applicable standards are discovered at the Brownfields Property, may be used or stored at the Brownfields
Property without the prior written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and maintenance activities;
ii. as constituents of fuels, lubricants and oils in emergency generators, machinery, equipment and vehicles in on —board tanks integral to said equipment or in
flammable liquid storage containers totaling no more than 25 gallons;
iii. in products or materials that are brought onto the Brownfields Property, kept in their original packaging or containers (that is, not used or repackaged) and later
removed from the Brownfields Property in the original packaging or containers; and
iv. as constituents of products and materials customarily used and stored in warehousing distribution, food processing, indoor aquaculture, retail, office, data
center, associated parking, and subject to DEQ's prior written approval, other commercial uses, provided such products and materials are stored in original retail
packaging and used and disposed of in accordance with applicable laws, and are not stored in bulk quantities (i.e., drums or containers of a volume greater than 5
gallons are prohibited).
Land Use Restriction Update
u. During January of each year after the year in which the Notice referenced below in paragraph 17 is recorded, the owner of any part of the Brownfields Property as
of January 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the chief public health and environmental officials of
Halifax County, certifying that, as of said January 1st , the Notice of Brownfields Property containing these land use restrictions remains recorded at the Halifax County
Register of Deeds office and that the land use restrictions are being complied with. If ownership of any portion of the Brownfields Property is transferred, the grantor
shall submit a LURU (as outlined above) which covers the period of time they owned such portion of the Brownfields Property during the calendar year of the transfer.
The submitted LURU shall state the following:
with. the Brownfields Property address, and the name, mailing address, telephone number, and contact person's e—mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a joint LURU is submitted, acquired any part of the Brownfields Property
during the previous calendar year;
ii. the transferee's name, mailing address, telephone number, and contact person's e—mail address, if said owner, or each of the owners on whose behalf a joint LURU
is submitted, transferred any part of the Brownfields Property during the previous calendar year; and
iii. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 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.
v. A LURU submitted for rental units shall include enough of each lease (or rider or abstract) entered into during the previous calendar year to demonstrate
compliance with lessee notification requirements in paragraphs 17 and 18 of this Agreement ; and
w. A property owners' association or other entity may perform this LURU duty, on behalf of some or all owners of the Brownfields Property, if said association or entity
has accepted responsibility for such performance pursuant to a notarized instrument satisfactory to DEQ that includes at a minimum, the Brownfields Property address,
and the name, mailing address, telephone number, and e—mail address of each owner on whose behalf the LURU is proposed to be submitted.

SOIL
Exhibit 2
Brownfields Property Name: Sonrise Industrial Center
Brownfields Project Number: 20010-16-042
The
following
tables set forth, for contaminants present at the Brownfields
Property above
unrestricted
use
standards
or screening levels as reported in the Environmental Reports
in paragraph 4
of the
Brownfields Agreement to which this is an exhibit, the concentration found
at each sample
location, and
the
applicable
standard or screening level. Screening levels and standards
are shown for
reference
only
and are
not set forth as cleanup or mitigation levels for purposes of
this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the standards for
which are contained in Title 15A of the North Carolina Administrative Code, Subchapter 2L (2L), Rule .0202,
or the 2L Groundwater Interim Maximum Allowable Concentrations (IMACS) (April 1, 2022 version):
GROUNDWATER
CONTAMINANT
SAMPLE
LOCATION
DATE OF
SAMPLING
CONCENTRATION
EXCEEDING
STANDARD
(ug/L)
STANDARD
(ug/L)
1,1-Dichloroethane
MW-1
1/14/2016
180
6
MW-4
110
1,2-Dichloroethane
MW-1
1/14/2016
1.8
0.4
Cis-1,2-Dichloroethane
MW-15
1/14/2016
578
70
RMC-GW-MW-
15/DUP
9/8/2022
217/215
1,1,1-Trichloroethane
MW-1
1/14/2016
1,300
200
Tetra chloroethylene
MW-1
1/14/2016
9.9
0.7
MW-2
1.0
0.74
MW 5 DUP
1 8/1 8
MW-6
0.77
MW-7
4.1
MW-15
4/9/2021
7,380
RMC-GW-
MW-15/DUP
9/8/2022
3,740J+/3,740J+
RMC-GW-TW-01
9/8/2022
3.4J+
1,2,3-Trichlorobenzene
MW-16
4/9/2021
0.582J
NSE
Trichloroethylene
MW-5/DUP
1/ 14/ 2016
3.9/3.9
3
MW-7
39
MW-13
1/14/2016
5.2
MW-15
2,910
RMC-GW-MW15
9/8/2022
1 254/264
J+ -The reported concentration is an estimated value, biased high, between the method detection limit
and the laboratory reporting limit.
J -The reported concentration is an estimated value between the method detection limit and the
laboratory reporting limit.
NSE -No standard established
RMC-GW prefix refers to the US EPA sampling event conducted at well MW-15 and does not represent a
separate groundwater sample location.
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, Non -Residential Vapor
Intrusion Screening Levels (VISE) (July 2023 version):
Groundwater
Contaminant with
Potential for Vaper
Intrusion
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Screening Level
Non -
Residential VI
Screening
Level
(mg/L)
1, 1 -Dichloroethane
MW-1
1/14/2016
180
33
MW-4
110
1,1-Dichloroethylene
MW-1
1/14/2016
240
160
Cis-1,2-Dichloroethylene
MW-15
4/9/2021
578
210
RMC-GW-
MW15/DUP
9/8/2022
217/215
Trans-1,2-Dichloroethylene
MW-7
1/14/2016
1.1
NSE
Tetrachloroethylene
MW-15
4/9/2021
7,380
48
RMC-GW-
MW15/DUP
9/8/2022
3,740J+/3,740J+
1,2,3-Trichlorobenzene
MW-16
4/9/2021
0.582J
NSE
Trichloroethylene
MW-7
1/14/2016
39
4.4
MW-13
4/9/2021
5.2
MW-15
4/9/2021
2,910
RMC-GW-
MW15/DUP
9/8/2022
254/264
Trichlorofloromethane
MW-3
1/14/21016
1.5
NSE
MW-5/DUP
4.2/4.2
RMC-GW-MW3
0.6J
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.
NSE -No screening level established.
J -The reported concentration is an estimated value between the method detection limit and the laboratory
reporting limit.
J+ -The reported concentration is an estimated value, biased high, between the method detection limit
and the laboratory reporting limit.
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial Health- Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (July2023 version):
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
p g
Concentration
Exceeding
Screening
Level
(mg/kg)
Industrial
Screening
Level
(mg/kg)
Acenaphthylene
SS-3
1-2
4/7/2021
0.071 J
NSE
SS-10
8-10
0.038J
SS-12
1-2
4/8/2021
0.025J
Arsenic
SS-1
4-5
4/7/2021
4.93
3.0
SS-2
4-5
4/8/2021
4.37
SS-4
4-5
4/6/2021
5.50
SS-5
1-2
4/6/2021
7.30
SS-6
1-2
6.98
SS-7
4-5
4/8/2021
8.83
SS-9
4-5
7.69
Benzo(g,h,i)perylene
B-4
2.5-5
1/12/2016
0.12 J
NSE
SS-3
1-2
4/7/2021
0.40 J
SS-10
g-10
0.394 J
SS-12
1-2
4/8/2021
0.144 J
SS-13
1-2
4/6/2021
0.1191
Phenanthrene
B-4
2.5-5
1 /12/2016
0.15J
NSE
B-5
0-5
0.17J
SS-3
1-2
4/7/2021
0.39 J
SS-10
8-10
1.19
SS-1 1
1-2
4/8/2021
0.027J
SS-12
1-2
4/8/2021
0.13 J
SS-13
1-2
4/6/2021
0.52 J
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.
NSE -No screening level established.
J -The reported concentration is an estimated value between the method detection limit and the laboratory
reporting limit.
These single digit arsenic values are consistent with naturally occurring arsenic in NC soils.
SUB -SLAB VAPOR
Sub -slab vapor in micrograms per cubic meter, the screening levels for which are derived
from Non -Residential Vapor Intrusion Screening Levels of the Division of Waste Management
(July 2023 version):
Sub -slab
Vapor
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level
(ug/m')
Non -
Residential
Screening
Level
(ug/m')
Acetone
SG-1
4/16/2021
56.5
NSE
SG-2/DUP2
109/91.6
SG-3
66.6
SG-4
150
SG-5
96.1
SG-6
94.6
SG-7
1,650
SG-8
4,730
SG-9/DUP
6/22/2022
65.3/51
1,3-Dichlorobenzene
SG-7
4/16/2021
5.07 J
NSE
SG-9/Dup
6/22/2022
0.577J 0.535 J
Ethylbenzene
SG-2/Dup2
4/16/2021
3,080/2,960
490
4-Ethyltoluene
SG-4
4/16/2021
7.68
NSE
SG-8
68.1
NSE
SG-9/Dup
6/22/2022
0.629 J/0.929 J
Naphthalene
SG-4
4/16/2021
172
36
SG-8
211
TrichlorofIuromethone
SG-1
4/16/2021
3.31
NSE
SG-3
449
449
SG-4
3.04
SG-5
30.2
SG-9/Dup
6/22/2022
2.76 J/2.77 J
Xylenes, Total
SG-9/Dup2
1 4/16/2021
17,000/12,300
8,000
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 A slab was not confirmed to be present below the wooden floor in the area of soil gas sample SG-2
and its Duplicate (Dup).
NSE -No screening level established.
J -The reported concentration is an estimated value between the method detection limit and the laboratory
reporting limit.
INDOOR AIR
Indoor air contaminants in micrograms per cubic meter, the screening limits for
which are derived from Non -Residential Vapor Intrusion Screening Levels of the
Division of Waste Management (January 2023 version):
Concentration
Non -
Indoor Air
Sample
Date of
Exceeding
Residential
Contaminant
Location
Sampling
Screening
Screening
Level
Level
(ug/m')
(ug/m')
IA-1/IA-Dup
6/22/2022
5.75/4.97
NSE
Acetone
CS- 1/DUP2
4/16/2021
5.03/6.52
Chloroform
IA-1
6/22/2022
0.718 J
0.53
IA-1/IA-Dup
6/22/2022
0.598 J 0.571 J
Naphthalene
0.36
CS-1
4/16/2021
20.2 J
Trichlorofluoromethane
IA-1/IA-Dup
6/22/2022
1.84/1.84
NSE
1 Screening limits 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 The CS -series represent crawlspace air samples; therefore, they are considered to be
equivalent to indoor
air for regulatory purposes.
NSE -No screening level established.
SURFACE WATER
Surface water contaminants (in micrograms per liter, the equivalent of parts per billion),
the unrestricted use standards for which are contained in Title 15A of the North Carolina
Administrative Code, Subchapter 2B, Rule .0208 (June 10, 2019 version):
Concentration
Non -
Surface Water
Sample
Date of
Exceeding
Residential
Contaminant
Location
Sampling
Screening
Screening
Level (ug/L)
Level
(ug/L)
Cadmium
SW-1/Dup-2
4/9/2021
0.4/0.5
NCH
Lead
SW-1/Dup-2
4/9/2021
8.8/8.6
NCH
Mercury
SW-1
4/9/2021
0.03J
0.012
NCH - Not calculated because
J -The reported concentration
and the laboratory
reporting limit.
hardness value was not provided with analytical data.
is an estimated value between the method detection limit
SEDIMENT
Sediment contaminants in milligrams per kilogram (the equivalent of parts per million),
the screening levels for which are derived from the Preliminary Industrial Health- Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (July
2023 version):
Concentration
Industrial
Sample
Date of
Exceeding
Screening
Soil Contaminant
Location
Sampling
Screening
Level
Level
(mg/kg)
(mg/kg)
Arsenic
SED-1
4/8/2021
13.5
3.0
Chromium, VI
SED-1
4/8/2021
221
6.5
Phenanthrene
SED-1
4/8/2021
0.086 J
NSE
Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2.
Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NSE -No screening level established.
J -The reported concentration is an estimated value between the method detection limit
and the laboratory
reporting limit.

Exhibit C
LEGAL DESCRIPTION
TRACT 1 BEING
TAX PARCEL 0920096, 0900566 AND A PORTION OF 0911564
BEGINNING AT A 1/2" FOUND IRON PIPE AT NC GRID COORDINATES NORTHING
986768.3280 FEET EASTING 2394407.3860 FEET AT THE INTERSECTION OF THE
SOUTHERN RIGHT OF WAY OF JACKSON STREET AND THE WESTERN RIGHT OF
WAY OF A 20' ALLEY THENCE WITH THE RIGHT OF WAY OF SAID ALLEY S
21 ° 13'55" W 370.5 F TO A COMPUTED POINT THENCE N 68048' 18' W 466.35' TO A
COMPUTED POINT AT THE EASTERN RIGHT OF WAY OF A CSX RAILROAD SPUR
THENCE WITH SAID RIGHT OF WAY ALONG A CURVE WITH A RADIUS OF 1492.77'
(CHORD BEARING AND DISTANCE N 14016'23" E 401.89') TO A 1/2" SET IRON ROD
THENCE WITH SAID RIGHT OF WAY N 68046'05" W 60.00' TO A 1/2" SET IRON ROD
THENCE WITH SAID RIGHT OF WAY ALONG A CURVE WITH A RADIUS OF 1552.77'
(CHORD BEARING AND DISTANCE S 15042'50" W 342.46') TO A SET MAG NAIL
THENCE WITH SAID RIGHT OF WAY S 82001'05' E 5.00' TO A SET MAG NAIL THENCE
WITH SAID RIGHT OF WAY ALONG A CURVE WITH A RADIUS OF 1547.77' (CHORD
BEARING AND DISTANCE S 5053'35" W 188.67') TO A COMPUTED POINT THENCE
WITH SAID RIGHT OF WAY S 8045'45" W 106.62' TO A COMPUTED POINT THENCE
ALONG A CURVE WITH A RADIUS OF 500.59' (CHORD BEARING AND DISTANCE S
7048'06" W 35.93') TO A 1/2" FOUND IRON PIPE THENCE LEAVING SAID RIGHT OF
WAY N 73006'44" W 167.81' TO A 3/4" FOUND IRON PIPE THENCE S 21 ° 14'06" W 174.93'
TO A 1/2" FOUND IRON PIPE THENCE S 68051'48" E 160.97' TO A FOUND RAILROAD
SPIKE AT THE WESTERN RIGHT OF WAY OF THE CSX RAILROAD THENCE WITH
SAID RIGHT OF WAY ALONG A CURVE WITH A RADIUS OF 500.59' (CHORD
BEARING AND DISTANCE S 30016'02" W 8.75') TO A COMPUTED POINT THENCE
ALONG A CURVE WITH A RADIUS OF 427.36' (CHORD BEARING AND DISTANCE S
43036'35" W 153.23') TO A 1/2" FOUND IRON PIPE AT THE INTERSECTION OF THE
WESTERN RIGHT OF WAY OF THE CSX RAILROAD AND THE NORTHERN RIGHT OF
WAY OF WEST 13TH STREET THENCE ALONG THE RIGHT OF WAY OF WEST 13TH
STREET N 68046'20" W 845.62' TO A 1/2" FOUND IRON ROD THENCE WITH THE
RIGHT OF WAY ALONG A CURVE WITH A RADIUS OF 182.67' (CHORD BEARING
AND DISTANCE N 57007'05" W 73.80' TO A 5/8" FOUND IRON ROD THENCE WITH
SAID RIGHT OF WAY N 45016' 16" W 217.07' TO A 1/2" SET IRON ROD THENCE WITH
SAID RIGHT OF WAY N 45013'54" W 220.46' TO A 1/2" SET IRON ROD THENCE WITH
SAID RIGHT OF WAY ALONG A CURVE WITH A RADIUS OF 163.18' (CHORD
BEARING AND DISTANCE N 12001'09" W 179.10' TO A 1/2" SET IRON ROD THENCE
WITH SAID RIGHT OF WAY N 21016'10" E 363.30' TO A 1/2" FOUND IRON PIPE AT THE
INTERSECTION OF THE EASTERN RIGHT OF WAY OF VANCE STREET AND THE
SOUTHERN RIGHT OF WAY OF WEST 12TH STREET THENCE WITH THE RIGHT OF
WAY OF WEST 12TH STREET S 68049'39" E 500.00' TO A COMPUTED POINT THENCE
WITH SAID RIGHT OF WAY ALONG A CURVE WITH A RADIUS OF 60' (CHORD
BEARING AND DISTANCE S 88038'31" E 41.75') TO A 5/8" FOUND IRON ROD THENCE
WITH SAID RIGHT OF WAY N 70031'35" E 211.22' TO A 5/8" FOUND IRON ROD
THENCE ALONG A CURVE WITH A RADIUS OF 60' (CHORD BEARING AND
Sonrise Industrial Center /20010-16-042 /230ct2023

DISTANCE N 45047'32" E 49.81') TO A FOUND MAG NAIL AT THE EASTERN RIGHT OF
WAY OF HENRY STREET THENCE WITH SAID RIGHT OF WAY N 21 ° 13'38" E 1020.13'
TO A 1" FOUND IRON PIPE AT THE INTERSECTION OF THE EASTERN RIGHT OF
WAY OF HENRY STREET AND SOUTHERN RIGHT OF WAY OF WEST LOTH STREET
THENCE WITH THE RIGHT OF WAY OF WEST LOTH STREET S 68047'11" E 300.23' TO
A 1.5" FOUND IRON ROD AT THE INTERSECTION OF THE SOUTHERN RIGHT OF
WAY OF WEST LOTH STREET AND WESTERN RIGHT OF WAY OF MONROE STREET
THENCE S 68036'43" E 59.75' TO A 1.5" FOUND IRON ROD AT THE SOUTHERN RIGHT
OF WAY OF WEST 1 OTH STREET AND THE EASTERN RIGHT OF WAY OF MONROE
STREET THENCE WITH THE SOUTHERN RIGHT OF WAY OF WEST LOTH STREET S
68048'37" E 300.00' TO A COMPUTED POINT IN A RAILROAD SIGNAL POST AT THE
INTERSECTION OF THE SOUTHERN RIGHT OF WAY OF WEST LOTH STREET AND
THE WESTERN RIGHT OF WAY OF MADISON STREET THENCE WITH THE WESTERN
RIGHT OF WAY OF MADISON STREET TO A COMPUTED POINT IN A RAILROAD
SIGNAL POST AT THE SOUTHERN RIGHT OF WAY OF WEST 11TH STREET S
21015'49" W 660.00' THENCE WITH THE SOUTHERN RIGHT OF WAY OF WEST 11TH
STREET S 68045'29" E 361.72' TO A 1/2" FOUND IRON PIPE AT THE INTERSECTION OF
SAID RIGHT OF WAY AND THE WESTERN RIGHT OF WAY OF JACKSON STREET
THENCE WITH THE WESTERN RIGHT OF WAY OF JACKSON STREET ALONG A
CURVE WITH A RADIUS OF 316.50' (CHORD BEARING AND DISTANCE S 5°24'13" E
229.29') TO A 1/2" FOUND IRON ROD THENCE WITH SAID RIGHT OF WAY S 26052'01"
E 127.61' TO THE POINT OF BEGINNING. THE ABOVE DESCRIPTION IS DESCRIBING
TRACT 1 IN DB 2082 PG 28-32. BEING TRACT 1 IN TITLE COMMITMENT MET2023-
00196 CONTAINING 47.13 ACRES
TRACT 2 BEING A PORTION OF
TAX PARCEL 0911564 PIN# 3998-10-26-6904
BEGINNING AT A 1/2" DIAMETER FOUND IRON PIPE AT NC GRID COORDINATES
NORTHING 987276.2280 FEET EASTING 2392524.3600 FEET AT THE INTERSECTION
OF THE EASTERN RIGHT OF WAY VANCE STREET AND THE NORTHERN RIGHT OF
WAY OF WEST 12TH STREET THENCE N 20055'33" E 4.3 F TO A 1/2" FOUND IRON
ROD THENCE ALONG A CURVE WITH A RADIUS OF 70' (CHORD BEARING AND
DISTANCE N 43020'00" E 55.74') TO A 5/8" DIAMETER FOUND IRON ROD AT THE
EASTERN RIGHT OF WAY OF FRANKLIN STREET EXTENSION THENCE WITH THE
RIGHT OF WAY OF SAID STREET N 67025'03" E 387.04' TO A 1/2" FOUND IRON PIPE
AT THE INTERSECTION OF FRANKLIN STREET EXTENSION AND FRANKLIN
STREET THENCE WITH THE WESTERN RIGHT OF WAY OF FRANKLIN STREET S
21015'31" W 324.08' TO A 1/2" FOUND IRON PIPE AT THE INTERSECTION OF THE
WESTERN RIGHT OF WAY OF FRANKLIN STREET AND THE NORTHERN RIGHT OF
WAY OF WEST 12TH STREET THENCE WITH THE RIGHT OF WAY OF 12TH STREET
N 68049'39" W 300.40' TO THE POINT OF BEGINNING. THE ABOVE DESCRIPTION IS
DESCRIBING TRACT 2 IN DB 2082 PG 28-32. BEING TRACT 2 IN TITLE COMMITMENT
MET2023-00196 CONTAINING 1.24 ACRES
Sonrise Industrial Center /20010-16-042 /230ct2023

TRACT 3 BEING
TAX PARCEL 0900551 PIN# 3998-10-37-0186
BEGINNING AT A 1/2" DIAMETER FOUND IRON PIPE AT NC GRID COORDINATES
NORTHING 987104.4610 FEET EASTING 2393015.6530 FEET AT THE INTERSECTION
OF THE EASTERN RIGHT OF WAY A 20' ALLEY AND THE NORTHERN RIGHT OF
WAY OF WEST 12TH STREET THENCE WITH THE RIGHT OF WAY OF THE 20' ALLEY
N 21015'00" E 330.85' TO A 1/2"SIR THENCE S 68043'40" E 140.00' TO A 1" DIAMETER
FOUND IRON ROD AT THE WESTERN RIGHT OF WAY OF HENRY STREET THENCE
WITH THE RIGHT OF WAY OF HENRY STREET S 21020'30" W 210.08' TO A 1/2"
FOUND IRON PIPE THENCE STILL WITH SAID RIGHT OF WAY S 70024'45" W 184.60'
TO THE POINT OF BEGINNING. THE ABOVE DESCRIPTION IS DESCRIBING TRACT 4
IN DB 2082 PG 28-32. BEING TRACT 3 IN TITLE COMMITMENT MET2023-00196
CONTAINING 0.868 ACRES
TRACT 4 BEING A PORTION OF
TAX PARCEL 0900556 PIN# 3998-06-47-2695
BEGINNING AT A 1/2" DIAMETER SET IRON ROD AT NC GRID COORDINATES
NORTHING 987750.9081 FEET EASTING 2394253.6116 FEET 90' FROM THE
INTERSECTION OF MADISON STREET AND WEST LOTH STREET THENCE S 68045'29"
E 140.05' TO A 1/2" DIAMETER SET IRON ROD AT THE WESTERN RIGHT OF WAY OF
A 20' ALLEY THENCE WITH THE RIGHT OF WAY OF THE 20' ALLEY S 21 ° 14'00" W
510.00' TO A 1/2" DIAMETER FOUND IRON PIPE AT THE INTERSECTION OF THE
WESTERN RIGHT OF WAY OF THE 20' ALLEY AND THE NORTHERN RIGHT OF WAY
OF WEST I ITH STREET THENCE N 68045'28" W 140.32' TO A 1/2" FOUND IRON PIPE
AT THE INTERSECTION OF THE NORTHERN RIGHT OF WAY OF WEST 11 TH STREET
AND THE EASTERN RIGHT OF WAY OF MADISON STREET THENCE N 21015'49" E
510.00' TO THE POINT OF BEGINNING. THE ABOVE DESCRIPTION IS DESCRIBING
TRACT 5 IN DB 2082 PG 28-32. BEING TRACT 4 IN TITLE COMMITMENT MET2023-
00196 CONTAINING 1.64 ACRES
TRACT 5 BEING
TAX PARCEL 0911457 PIN# 3998-09-27-2129
BEGINNING AT A 1/2" DIAMETER FOUND IRON PIPE AT NC GRID COORDINATES
NORTHING 986765.8310 FEET EASTING 2392260.8510 FEET AT THE NORTHERN
RIGHT OF WAY OF THE CSX RAILROAD MAINLINE RIGHT OF WAY THENCE WITH
THE RIGHT OF WAY N 45006' 19" W 529.7 PTO A SET IRON ROD THENCE
N 44052'12" E 462.94' TO A 3/4" DIAMETER FOUND IRON PIPE THENCE S 68043'36 E
299.97' TO A 3/4" FOUND IRON PIPE AT THE WESTERN RIGHT OF WAY OF VANCE
STREET THENCE WITH THE RIGHT OF WAY S 21 ° 16' 10" W 636.48' TO THE POINT OF
BEGINNING. THE ABOVE DESCRIPTION IS DESCRIBING TRACT 10 AND 11 IN DB
2082 PG 28-32. BEING TRACT 5 IN TITLE COMMITMENT MET2023-00196
CONTAINING 5.00 ACRES
Sonrise Industrial Center /20010-16-042 /230ct2023