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HomeMy WebLinkAbout23061_Caraustar Mills Brownfields Draft NBP (Revised)_2023111601675-001/00497445 Caraustar Mills/23061-19-060/20231115 1 Property Owner: Savona II, LLC, 410SG Partners, LLC, Savona Resi Phase I Owner (NC), LLC, Savona Resi Project LLC, and Savona Mill Office (NC) LLC Recorded in Book ____, Page ____ Associated plat recorded in Plat Book ____, Page ____ NOTICE OF BROWNFIELDS PROPERTY Brownfields Property Name: Caraustar Mills Brownfields Project Number: 23061-19-060 This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat component, have been filed this _____ day of __________________, 20___ by Savona, LLC, Savona II, LLC, 410SG Partners, LLC, and Savona Resi Phase I Owner (NC), LLC (“Prospective Developer”). This Notice concerns contaminated property. A copy of this Notice certified by the North Carolina Department of Environmental Quality (“DEQ”) is required to be filed in the Register of Deeds’ Office in the county or counties in which the land is located, pursuant to North Carolina General Statutes (“NCGS”), § 130A-310.35(b). This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate the danger to public health or the environment posed by environmental contamination at a property (“Brownfields Property”) being addressed under the Brownfields Property Reuse Act of 1997, NCGS § 130A, Article 9, Part 5 (“Act”). Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified copy of this Notice within 15 days of Prospective Developer’s receipt of DEQ’s approval of the Notice or Prospective Developer’s entry into the Brownfields Agreement required by the Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the grantor index under the names of the owners of the land and, if Prospective Developer is not the owner, also under the Prospective Developer’s name. The Brownfields Property is comprised of 30.4 acres and is located at 326, 401, 410, 411, 418, and 440 S. Gardner Ave.; 400, 404, 408, 412, 420, 428, 432, 500, and 528 S. Turner Ave.; 2425, 2426, 2429, and 2636 Chamberlain Ave.; 330 and 340 Savona Creek Drive; and 710, 720, 01675-001/00497445 Caraustar Mills/23061-19-060/20231115 2 725, 809, and 815 Savona Mill Lane, Charlotte, Mecklenburg County. The former Savona Mill (also known as the Savona Manufacturing Company Mill) was located at the southern and south-central portions of the Brownfields Property. Operations included spinning, weaving, and dyeing from approximately the late 1910s to 1934. After which in 1935, Old Dominion Box Company (ODBC) began manufacturing boxes and paperboard products on the Brownfields Property. Operations were expanded in the mid-1950s, with ODBC constructing a three-story paper warehouse at the northern end of the Savona Mill building and adding several buildings to the north near the intersection of Chamberlain Avenue and Gardner Avenue. According to historical information, ODBC continued operations until the mid-1980s or 1990s. In the 1940s, Carolina Paperboard Corporation (CPC) constructed a paperboard manufacturing facility to the northwest of the ODBC operation. Numerous mergers occurred through 2001 that led to the creation of Caraustar Mill Group, Inc., with paper manufacturing continuing until approximately 2010. The Prospective Developer intends to develop the Brownfields Property for no uses other than high density residential, for-rent only townhomes, industrial, office, retail, restaurant, brewery or food production facility, recreation, institutional, entertainment, hotel, open space, parking, and with DEQ’s prior written approval, other commercial uses. Soil, groundwater, soil gas, sub-slab soil gas and indoor air are impacted at the Brownfields Property 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 01675-001/00497445 Caraustar Mills/23061-19-060/20231115 3 references to DEQ shall be understood to include any successor in function. The land use restrictions below have been excerpted verbatim from paragraph 12 of the Brownfields Agreement, and all subparagraph letters/numbers are the same as those used in the Brownfields Agreement. The following land use restrictions are hereby imposed on the Brownfields Property: Land Uses a. No use may be made of the Brownfields Property other than for high density residential, for-rent only townhome, office, retail, restaurant, brewery or food production facility, institutional, industrial, recreation, hotel, entertainment, open space, parking, and with DEQ’s prior written approval, other commercial uses. For purposes of this restriction, the following definitions apply: i. “High Density Residential” is defined as for-rent-only permanent dwellings where residential units are attached to each other with common walls, such as apartments, group homes, dormitories or boarding houses, and any property outside the dwelling structures is usable by all residents and not privately owned as part of a particular unit (e.g., privately-owned courtyards are prohibited), and may include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages. Single family homes are prohibited; townhomes, duplexes or other units with yards are prohibited unless approved in writing by DEQ in advance. ii. “For-Rent Only Townhome” is defined as a residential unit that shall only be occupied by residents under lease and shall not be sold to individual owners for occupation or subletting. It may also include related amenities owned in common such as pools, clubhouses, courtyards, dog runs, recreation areas and parking garages. iii. “Office” defined as the provision of business or professional services. iv. “Retail” defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service, and the sales of food and/or beverage products. v. “Restaurant” defined as a commercial business establishment that prepares and/or serves food and/or beverages to patrons. vi. “Entertainment” defined as private, public, and community activities (such as, for example, festivals, theater, musical events or shows), which may include food and beverage service. vii. “Hotel” defined as the provision of overnight lodging to paying customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on- site hospitality, management and reception services. viii. “Brewery or Food Production Facility” defined as an establishment for the manufacture, sale and/or distribution of beverages or food products, including without limitation beer, ale, and distilled spirits, together with associated public roadways and related infrastructure. ix. “Institutional” defined as the use of land, buildings or structures for public, non-profit or quasi-public purposes, such as libraries, community centers, post-secondary education facilities, or health care facilities. 01675-001/00497445 Caraustar Mills/23061-19-060/20231115 4 x. “Industrial” defined as the assembly, fabrication, processing, warehousing, or distribution of goods and materials, and can include flex parks and research and development uses. xi. “Recreation” defined as indoor and outdoor exercise-related, physically focused, or leisure-related activities, whether active or passive, and the facilities for same, including, but not limited to, studios, swimming pools, sports-related courts and fields, open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas. xii. “Open Space” defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, or detention facilities for stormwater. xiii. “Parking” defined as the temporary accommodation of motor vehicles in an area designed for same. xiv. “Commercial” defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee. b. Prior to constructing for-rent only townhomes on the Brownfields Property, all owner(s) who construct for-rent only townhomes on the Brownfields Property must comply, to DEQ’s written satisfaction, with the applicable requirements of DEQ’s Minimum Requirements for Townhome Developments Under a Brownfields Agreement attached hereto as Exhibit 3. Environmental Management Plan c. Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation: i. demolition of existing buildings, if applicable; ii. issues related to known or potential sources of contamination, including without limitation those resulting from contamination identified in paragraph 3 above; iii. contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of environmental 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 Reporting d. No later than January 31 after each one-year anniversary of the effective date of this Agreement for as long as physical redevelopment of the Brownfields Property continues 01675-001/00497445 Caraustar Mills/23061-19-060/20231115 5 (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval on environment-related activities since the last report, with a summary and drawings, that describes: i. actions taken on the Brownfields Property in accordance with Section VI: Work to be Performed above; ii. soil grading and cut and fill actions; iii. methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media; iv. stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected or confirmed to be contaminated with regulated substances; and v. removal of any contaminated soil, water or other contaminated materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all legally required manifests shall be included). Groundwater e. Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ along with any measures DEQ deems necessary to ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public health and the environment. Should groundwater be encountered or exposed during any activity on the Brownfields Property, it shall be managed in accordance with the DEQ-approved EMP outlined in subparagraph 12.c., or a plan approved in writing in advance by DEQ. Soil f. No activity that disturbs soil on the Brownfields Property may occur unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public health and the environment, except: i. in connection with landscape planting to depths not exceeding 24 inches; ii. mowing and pruning of above-ground vegetation; iii. for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair (if only by email) of any such repair, or in emergency circumstances no later than the next business day, and that any related assessment and remedial measures required by DEQ shall be taken; and iv. in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined above in subparagraph 12.c. 01675-001/00497445 Caraustar Mills/23061-19-060/20231115 6 Final Grade Sampling g. No use of the Brownfields Property where physical redevelopment has taken place pursuant to a DEQ-approved EMP as outlined in subparagraph 12.c. above may occur until the then owner of the Brownfields Property conducts representative final grade soil sampling, pursuant to a plan approved in writing by DEQ, of any such redeveloped area(s) that is not covered by building foundations, sidewalks, asphaltic or concrete parking areas and driveways, or two feet of documented clean fill material. Soil Import and Export h. Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ, unless conducted in accordance with an approved EMP as outlined above in subparagraph 12.c. Vapor Intrusion i. No enclosed building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 16 below, may be occupied until DEQ determines in writing that: i. the building is or would be protective of the building’s users and public health from the risk of vapor intrusion based on site assessment data, or a site-specific risk assessment approved in writing by DEQ; or ii. a vapor intrusion mitigation system (VIMS) has been: 1. designed to mitigate the intrusion of subsurface vapors into building features in accordance with the most recent and applicable DWM Vapor Intrusion Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American National Standards Institute (ANSI)/American Association of Radon Scientists and Technologists (AARST) standards (or alternate guidance/standards approved in writing in advance by DEQ), 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. Access j. Neither DEQ, nor any party conducting environmental assessment or 01675-001/00497445 Caraustar Mills/23061-19-060/20231115 7 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. Monitoring Well Repair k. The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants 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. Separating Old from New Contamination l. 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 customarily used and stored in high-density residential, for-rent only townhome, office, retail, restaurant, entertainment, hotel, brewery or food production facility, institutional, recreation, open space, or parking environments, 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. Notification of Tenants m. Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: “This property is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County land records, Book ____, Page ____.” A copy of any such instrument shall be sent to the persons listed in Section XVII (Notices and Submissions), though financial figures and other confidential information related to the conveyance may be redacted to the extent said redactions comply with the confidentiality and trade secret provisions of the North Carolina Public Records Law. The owner may use the following mechanisms to comply with the obligations of this subparagraph as to leasehold interests: (i) If every lease or rider is identical in 01675-001/00497445 Caraustar Mills/23061-19-060/20231115 8 form, the owner conveying an interest may provide DEQ with copies of a form lease or rider evidencing compliance with this subparagraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XVII (Notices and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XVII. Land Use Restriction Update n. During January of each year after the year in which the Notice referenced below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ, and to the chief public health and environmental officials of Mecklenburg County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that the land use restrictions are being complied with. If the Brownfields Property is transferred, the grantor shall submit a LURU (as outlined above) which covers the period of time the grantor owned 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, 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.i. above are performing as designed, and whether the uses of the ground floors, including any tenant renovations, of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how, and under which precautions so as not to interfere with the operation of said system. 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 01675-001/00497445 Caraustar Mills/23061-19-060/20231115 9 protection under the Brownfields Property Reuse Act who will lose liability protection if the restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the same violation or as to one occurring prior or subsequent thereto. FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS When any portion of the Brownfields Property is sold, leased, conveyed or transferred, pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the description section, in no smaller type than that used in the body of the deed or instrument, a statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a Brownfields Property under the Brownfields Property Reuse Act. 01675-001/00497445 Caraustar Mills/23061-19-060/20231115 10 IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly executed this _____ day of _______________, 20___. Savona, LLC By: ____________________________________________________________________________ Name: Gregory W. Pappanastos Date Title: Manager ________________________ _______________ COUNTY I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ________________________________. Date: ___________________ ___________________________________ Official Signature of Notary ___________________________________ (Official Seal) Notary’s printed or typed name, Notary Public My commission expires: _____________________ Savona II, LLC By: ____________________________________________________________________________ Name: Gregory W. Pappanastos Date Title: Manager ________________________ _______________ COUNTY I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ________________________________. Date: ___________________ ___________________________________ Official Signature of Notary ___________________________________ (Official Seal) Notary’s printed or typed name, Notary Public My commission expires: _____________________ 01675-001/00497445 Caraustar Mills/23061-19-060/20231115 11 410SG Partners, LLC By: ____________________________________________________________________________ Name: Gregory W. Pappanastos Date Title: Manager ________________________ _______________ COUNTY I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ________________________________. Date: ___________________ ___________________________________ Official Signature of Notary ___________________________________ (Official Seal) Notary’s printed or typed name, Notary Public My commission expires: _____________________ Savona Resi Phase I Owner (NC), LLC By: Savona Resi Phase I Holding, LLC, Manager By: ___________________________________________________________________________ Name: Jefferson S. Greenway Date Title: Authorized Signatory _______________________ _______________ COUNTY I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ________________________________. Date: ___________________ ___________________________________ Official Signature of Notary ___________________________________ (Official Seal) Notary’s printed or typed name, Notary Public My commission expires: _____________________ ************************************ 01675-001/00497445 Caraustar Mills/23061-19-060/20231115 12 ACKNOWLEDGEMENT OF PROPERTY OWNERS 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 therein. Savona Resi Project LLC By: ____________________________________________________________________________ Name: Date Title: ________________________ _______________ COUNTY I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ________________________________. Date: ___________________ ___________________________________ Official Signature of Notary ___________________________________ (Official Seal) Notary’s printed or typed name, Notary Public My commission expires: _____________________ Savona Mill Office (NC) LLC By: ____________________________________________________________________________ Name: Date Title: ________________________ _______________ COUNTY I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ________________________________. Date: ___________________ ___________________________________ Official Signature of Notary ___________________________________ (Official Seal) Notary’s printed or typed name, Notary Public My commission expires: _____________________ ************************************ 01675-001/00497445 Caraustar Mills/23061-19-060/20231115 13 APPROVAL AND CERTIFICATION OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY The foregoing Notice of Brownfields Property is hereby approved and certified. North Carolina Department of Environmental Quality By: _________________________________________ ________________________ Bruce Nicholson, Chief Date Brownfields Redevelopment Section Division of Waste Management 01675-001/00461268 1 Caraustar & Savona Mills/23061-19-060/20231101 EXHIBIT A NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY IN THE MATTER OF: Savona, LLC, Savona II, LLC, 410SG Partners, LLC, and Savona Resi Phase I Owner (NC), LLC UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re: BROWNFIELDS PROPERTY REUSE ACT ) Caraustar Mills OF 1997, NCGS § 130A-310.30, et seq. ) 326, 401, 410, 411, 418, and 440 S. ) Gardner Ave.; 400, 404, 408, 412, ) 420, 428, 432, 500, and 528 S. Turner ) Ave.; 2425, 2426, 2429, and 2636 ) Chamberlain Ave.; 330 and 340 ) Savona Creek Drive; 710, 720, 725, ) 809; and 815 Savona Mill Lane, Brownfields Project No. 23061-19-060 ) Charlotte, Mecklenburg County I. INTRODUCTION This Brownfields Agreement (“Agreement”) is entered into by the North Carolina Department of Environmental Quality (“DEQ”) and Savona, LLC, Savona II, LLC, 410SG Partners, LLC, and Savona Resi Phase I Owner (NC), LLC (collectively the "Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et seq. (the “Act”) for the property located at 326, 401, 410, 411, 418, and 440 S. Gardner Ave.; 400, 404, 408, 412, 420, 428, 432, 500, and 528 S. Turner Ave.; 2425, 2426, 2429, and 2636 Chamberlain Ave.; 330 and 340 Savona Creek Drive; and 710, 720, 725, 809, and 815 Savona Mill Lane, Charlotte, Mecklenburg County (the “Brownfields Property”). A map showing the location of the Brownfields Property that is the subject of this Agreement is attached hereto as Exhibit 1. The Prospective Developer is Savona, LLC, Savona II, LLC, 410SG Partners, LLC, and Savona Resi Phase I Owner (NC), LLC. Savona, LLC, Savona II, LLC, and 410SG Partners, LLC are North Carolina limited liability companies, with their principal offices located at 1800 01675-001/00461268 2 Caraustar & Savona Mills/23061-19-060/20231101 Camden Road, Suite 107-230, Charlotte, NC 28203. Gregory W. Pappanastos, of the same address, is a manager of Savona, LLC, Savona, II, LLC, and 410SG Partners, LLC. Savona Resi Phase I Owner (NC), LLC is a Delaware limited liability company with its principal office located at 303 Peachtree Center Avenue NE, Suite 575, Atlanta, GA 30303. Its manager is Savona Resi Phase I Holding, LLC of the same address, and Jefferson S. Greenway, of the same address, is an Authorized Signatory of Savona Resi Phase I Holding, LLC. Savona, LLC, Savona II, LLC, 410SG Partners, LLC, and Savona Resi Phase I Owner (NC), LLC hereby acknowledge that they will be jointly and severally responsible for any liabilities, requirements, and land use restrictions set forth under this Agreement, and jointly and severally entitled to all benefits and protections afforded to a Prospective Developer as defined in paragraph 2 below, pursuant to this Agreement. 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 Savona, LLC, Savona II, LLC, 410SG Partners, LLC, and Savona Resi Phase I Owner (NC), LLC for contaminants at the Brownfields Property. The Parties agree that Savona, LLC, Savona II, LLC, 410SG Partners, LLC, and Savona Resi Phase I Owner (NC), LLC’s entry into this Agreement, and the actions undertaken by Savona, LLC, Savona II, LLC, 410SG Partners, LLC, and Savona Resi Phase I Owner (NC), LLC in accordance with the Agreement, do not constitute an admission of any liability by Savona, LLC, Savona II, LLC, 410SG Partners, LLC, and Savona Resi Phase I Owner (NC), 01675-001/00461268 3 Caraustar & Savona Mills/23061-19-060/20231101 LLC for contaminants at the Brownfields Property. The resolution of this potential liability, in exchange for the benefit Savona, LLC, Savona II, LLC, 410SG Partners, LLC, and Savona Resi Phase I Owner (NC), LLC shall provide to DEQ, is in the public interest. II. DEFINITIONS Unless otherwise expressly provided herein, terms used in this Agreement which are defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to them in those statutory provisions, including any amendments thereto. 1. “Brownfields Property” shall mean the property which is the subject of this Agreement, and which is depicted in Exhibit 1 to the Agreement. 2. “Prospective Developer” shall mean Savona, LLC, Savona II, LLC, 410SG Partners, LLC, and Savona Resi Phase I Owner (NC), LLC. III. BROWNFIELDS PROPERTY INFORMATION SUMMARY 3. Relevant information about the history, ownership, and uses of the Brownfields Property is provided in the following summary table. Refer to the Exhibit 2 to this Agreement that presents data table(s) of the contaminants present at the Brownfields Property at concentrations above their applicable standards or screening levels for each media sampled. BROWNFIELDS PROPERTY INFORMATION SUMMARY Parcel Addresses & Parcel IDs • 2426 and 2636 Chamberlain Avenue and 326 S. Gardner Avenue - 07111209 • 2425 and 2429 Chamberlain Avenue - 07111419 • 410 S. Gardner Avenue - 07111410 • 710, 720, 725, 809, and 815 Savona Mill Lane; 400, 404, 408, 412, 420, 428, and 432 S. Turner Avenue; and 411, 418, and 440 S. Gardner Avenue - 07111412 • 401 S. Gardner Avenue - 07111418 • 500 and 528 S. Turner Avenue and 330 and 340 Savona Creek Drive - 07111417 01675-001/00461268 4 Caraustar & Savona Mills/23061-19-060/20231101 BROWNFIELDS PROPERTY INFORMATION SUMMARY Acreage 30.4 Current Property Owner Savona II, LLC, 410SG Partners, LLC, Savona Resi Phase 1 Owner (NC) LLC, Savona Resi Project LLC, and Savona Mill Office (NC) LLC Current Land Use(s) Under redevelopment and commercial Site Vicinity Land Use(s) Commercial and residential Proposed Reuse(s) High density residential, for-rent only townhomes, industrial, office, retail, restaurant, brewery or food production facility, recreation, institutional, entertainment, hotel, open space, parking, and with DEQ’s prior written approval, other commercial uses Public Benefits of Reuse Return to productive use, job creation, tax base increases, preserved open space, preserved historic places, revitalization of blighted areas, and smart growth Existing Land Use Restrictions Prior to Brownfields Agreement None ENVIRONMENTAL INFORMATION SUMMARY Historical Operations & Contaminant Sources The former Savona Mill (also known as the Savona Manufacturing Company Mill) was located at the southern and south-central portions of the Brownfields Property. Operations included spinning, weaving, and dyeing from approximately the late 1910s to 1934. After which in 1935, Old Dominion Box Company (ODBC) began manufacturing boxes and paperboard products on the Brownfields Property. Operations were expanded in the mid- 1950s, with ODBC constructing a three-story paper warehouse at the northern end of the Savona Mill building and adding several buildings to the north near the intersection of Chamberlain Avenue and Gardner Avenue. According to historical information, ODBC continued operations until the mid-1980s or 1990s. In the 1940s, Carolina Paperboard Corporation (CPC) constructed a paperboard manufacturing facility to the northwest of the ODBC operation. Operations included bleaching, finishing, a pulp mill, petroleum storage, wastewater treatment and clarifier/aeration ponds, boiler room, machine shop, and warehouses. CPC reportedly operated one 3,000-gallon gasoline underground storage tank (UST), one 2,000-gallon diesel 01675-001/00461268 5 Caraustar & Savona Mills/23061-19-060/20231101 ENVIRONMENTAL INFORMATION SUMMARY UST, one 4,000-gallon diesel UST, one 10,000-gallon diesel UST, and six 30,000-gallon fuel oil USTs which were installed between 1968 and 1982. A UST closure report available from DEQ documented the removal of the six 30,000-gallon USTs and two ASTs containing magnesium chloride and sulfuric acid in February 1993. The February 1993 closure report indicates minor petroleum contamination (oil and grease) was identified in soils during removal activities (UST Incident #13895). A subsequent initial abatement report including delineation of soil impacts using soil borings identified residual soil impacts limited to the area of the USTs. In 1980 through 2001, a series of mergers occurred that resulted in CPC, Atlantic Coast Carton Company, and Caraustar Industries, Inc. combining into Caraustar Mill Group, Inc. (Caraustar). The new entity continued paper manufacturing operations on the Brownfields Property until approximately 2010. Limited recycling and storage operations continued until 2016. Caraustar demolished most of the structures on the Brownfields Property to the west of the Savona Mill building between 2000 and 2010. An auxiliary metal building was constructed on the south side of the Savona Mill building in 1996. The building has been occupied by Blue Blaze Brewing since 2016. The former Wikoff Color Corporation property is located at 410 South Gardner Ave. The facility historically manufactured inks used for food packaging products from 1965 until 2015. Three 1,000-gallon USTs (Facility ID: 00-0- 0000014618) were reportedly used at the Wikoff Color Corp. property from 1966 to 1989, when they were removed. Current Operations/Activities The Brownfields Property is under redevelopment. Contaminated Media Soil: Arsenic, barium, hexavalent chromium, lead, and semi-volatile organic compounds (SVOCs) were detected above DEQ Residential Preliminary Soil Remediation Goals (PSRGs). Groundwater: Naphthalene and chromium were detected at concentrations exceeding NCAC 2L Groundwater Quality Standards. Naphthalene was also detected at a concentration exceeding the DWM Residential Vapor Intrusion 01675-001/00461268 6 Caraustar & Savona Mills/23061-19-060/20231101 ENVIRONMENTAL INFORMATION SUMMARY Groundwater Screening Level (GWSL). Exterior Soil Gas: VOCs were detected in exterior soil gas samples above DEQ Residential Vapor Intrusion Screening Levels (VISLs). Sub-Slab Soil Gas: VOCs were detected in sub-slab vapors above the DEQ Residential and Non-Residential VISLs. Indoor Air: VOCs were detected in indoor air above the DEQ Residential and Non-Residential VISLs. ID Numbers/Permits NC DEQ UST Incident Number 13895 Onsite Receptors Considered Future residents, workers, visitors, and construction workers Potential Offsite Receptors Considered i. Water supply wells: No water supply wells were identified within 1,500 feet. ii. Residential areas are located adjacent to the north and east of the Brownfields Property. In addition, a daycare is located to the northeast. iii. Surface water: Stewart Creek is located near the western boundary of the Brownfields Property. Potential offsite migration pathways Groundwater: Surrounding properties are served by municipal water. Soil Vapor: Potential soil vapor pathways include soil and utilities 4. Environmental reports regarding the Brownfields Property referred to hereinafter as the “Environmental Reports,” include, but are not limited to: a. Those that the Prospective Developer obtained or commissioned regarding the Brownfields Property: Title Prepared by Date of Report Comprehensive Data Summary and Additional Brownfields Assessment Work Plan Hart & Hickman March 9, 2023 Additional Brownfields Assessment Report, Hart & Hickman March 3, 2023 01675-001/00461268 7 Caraustar & Savona Mills/23061-19-060/20231101 Title Prepared by Date of Report Caraustar and Savona Mills – Blue Blaze Brewing Additional Brownfields Assessment Report, Caraustar and Savona Mills Hart & Hickman July 25, 2022 Brownfields Indoor Air and Sub-Slab Soil Gas Testing Report Terracon Consultants, Inc. December 20, 2021 Methane Soil Gas Assessment Report SCS Engineers P.C. August 20, 2021 Data Gap Assessment Report Terracon Consultants, Inc. June 8, 2021 Limited Site Investigation, Caraustar Site Terracon Consultants, Inc. May 23, 2018 Phase I ESA, Caraustar Summit Engineering, Laboratory & Testing, Inc. November 12, 2015 Phase I ESA, Savona Mill Summit Engineering, Laboratory & Testing, Inc. November 12, 2015 Limited Site Investigation, Caraustar Site Terracon Consultants, Inc. March 11, 2016 Phase I ESA, Carolina Paperboard Mill GaiaTech Incorporated November 2012 Phase II ESA, Caraustar Mills The Environmental Group of the Carolinas, Inc. September 10, 2005 Underground Storage Tank Closure, Carolina Paper Board, 443 South Gardner Street SPATCO Environmental February 26, 1993 Initial Assessment Report SPATCO Environmental June 12, 1995 b. Other applicable off-site reports: Title Prepared by Date of Report Groundwater Sampling and Receptor Survey Update Letter, Former Flint Ink Facility URS Corporation July 11, 2014 IV. PROSPECTIVE DEVELOPER’S INVOLVEMENT 5. For purposes of this Agreement DEQ relies on Prospective Developer’s 01675-001/00461268 8 Caraustar & Savona Mills/23061-19-060/20231101 representations that Prospective Developer's involvement with the Brownfields Property has been limited to obtaining or commissioning the Environmental Reports, preparing and submitting to DEQ a Brownfields Property Application (BPA) dated November 4, 2019, preparing and submitting to DEQ June 10, 2021, September 4, 2021, and August 11, 2023 BPA Amendments, and the following: a. purchasing the Brownfields Property parcels from April 2012 through October 2022; b. installing a new stormwater drainage pipe; c. removing a UST discovered during assessment activities; d. working with Mecklenburg County regarding greenway improvements along Stewart Creek; e. leasing portions of the Brownfields Property to tenants and marketing the Brownfields Property for sale and redevelopment; f. conveying portions of the Brownfields Property between the Prospective Developer entities and to Savona Resi Project LLC, Savona Resi Phase 1 Owner (NC) LLC, and Savona Mill Office (NC) LLC; and g. conducting demolition and commencing construction pursuant to a DEQ- approved Environmental Management Plan and cooperating with the parties listed in subparagraph 5.f. above regarding same. 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: 01675-001/00461268 9 Caraustar & Savona Mills/23061-19-060/20231101 a. Prospective Developer and any parent, subsidiary, or other affiliate has substantially complied with federal and state laws, regulations and rules for protection of the environment, and with the other agreements and requirements cited at NCGS § 130A- 310.32(a)(1); b. As a result of the implementation of this Agreement, the Brownfields Property will be suitable for the uses specified in the Agreement while fully protecting public health and the environment; c. Prospective Developer's reuse of the Brownfields Property will produce a public benefit commensurate with the liability protection provided Prospective Developer hereunder; d. Prospective Developer has or can obtain the financial, managerial, and technical means to fully implement this Agreement and assure the safe use of the Brownfields Property; and e. Prospective Developer has complied with all applicable procedural requirements. 7. The Parties agree that a $30,000 “Redevelopment Now” fee Prospective Developer has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A- 310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and the North Carolina Department of Justice of all activities related to this Agreement, unless a 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. 01675-001/00461268 10 Caraustar & Savona Mills/23061-19-060/20231101 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; b. the creation of approximately 550 temporary/construction jobs and approximately 920-1420 full-time jobs; c. an increase in tax revenue for affected jurisdictions; d. preserved open space; e. preserved historic places; f. revitalization of blighted areas; and g. “smart growth” through use of land in an already developed area, which avoids development of land beyond the urban fringe (“greenfields”). VI. WORK TO BE PERFORMED 9. The guidelines as embodied in their most current version, including parameters, principles and policies within which the desired results are to be accomplished are (as to: field procedures, laboratory testing, Brownfields Redevelopment Section requirements, and remedial or mitigation measures): a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section; b. the Division of Waste Management Vapor Intrusion Guidance; c. the Brownfields Redevelopment Section Assessment Work Plan Checklist; and d. the Brownfields Survey Plat Checklist. 01675-001/00461268 11 Caraustar & Savona Mills/23061-19-060/20231101 10. In redeveloping the Brownfields Property, Prospective Developer shall make reasonable efforts to evaluate applying sustainability principles at the Brownfields Property, using the nine (9) credit categories incorporated into the U.S. Green Building Council Leadership in Energy and Environmental Design (LEED) certification program (Integrative Process, Location and Transportation, Sustainable Sites, Water Efficiency, Energy & Atmosphere, Materials & Resources, Indoor Environmental Quality, Innovation, and Regional Priority), or a similar program. 11. Based on the information in the Environmental Reports, other available reports, and subject to imposition of and compliance with the land use restrictions set forth below, and subject to Section XI of this Agreement (DEQ’s Covenant Not to Sue and Reservation of Rights), DEQ is not requiring Prospective Developer to perform any active remediation at the Brownfields Property other than remediation that may be required pursuant to a DEQ-approved Environmental Management Plan (EMP) as specified in subparagraph 12.c. below. VII. LAND USE RESTRICTIONS 12. By way of the Notice of Brownfields Property referenced below in paragraph 16, Prospective Developer shall impose the following land use restrictions under the Act, running with the land, to make the Brownfields Property suitable for the uses specified in this Agreement while fully protecting public health and the environment instead of remediation to unrestricted use standards. All references to DEQ shall be understood to include any successor in function. Land Uses a. No use may be made of the Brownfields Property other than for high density 01675-001/00461268 12 Caraustar & Savona Mills/23061-19-060/20231101 residential, for-rent only townhome, office, retail, restaurant, brewery or food production facility, institutional, industrial, recreation, hotel, entertainment, open space, parking, and with DEQ’s prior written approval, other commercial uses. For purposes of this restriction, the following definitions apply: i. “High Density Residential” is defined as for-rent-only permanent dwellings where residential units are attached to each other with common walls, such as apartments, group homes, dormitories or boarding houses, and any property outside the dwelling structures is usable by all residents and not privately owned as part of a particular unit (e.g., privately-owned courtyards are prohibited), and may include related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and parking garages. Single family homes are prohibited; townhomes, duplexes or other units with yards are prohibited unless approved in writing by DEQ in advance. ii. “For-Rent Only Townhome” is defined as a residential unit that shall only be occupied by residents under lease and shall not be sold to individual owners for occupation or subletting. It may also include related amenities owned in common such as pools, clubhouses, courtyards, dog runs, recreation areas and parking garages. iii. “Office” defined as the provision of business or professional services. iv. “Retail” defined as the sale of goods or services, products, or merchandise directly to the consumer or businesses and includes showrooms, personal service, and the sales of food and/or beverage products. v. “Restaurant” defined as a commercial business establishment that prepares and/or serves food and/or beverages to patrons. 01675-001/00461268 13 Caraustar & Savona Mills/23061-19-060/20231101 vi. “Entertainment” defined as private, public, and community activities (such as, for example, festivals, theater, musical events or shows), which may include food and beverage service. vii. “Hotel” defined as the provision of overnight lodging to paying customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on- site hospitality, management and reception services. viii. “Brewery or Food Production Facility” defined as an establishment for the manufacture, sale and/or distribution of beverages or food products, including without limitation beer, ale, and distilled spirits, together with associated public roadways and related infrastructure. ix. “Institutional” defined as the use of land, buildings or structures for public, non-profit or quasi-public purposes, such as libraries, community centers, post-secondary education facilities, or health care facilities. x. “Industrial” defined as the assembly, fabrication, processing, warehousing, or distribution of goods and materials, and can include flex parks and research and development uses. xi. “Recreation” defined as indoor and outdoor exercise-related, physically focused, or leisure-related activities, whether active or passive, and the facilities for same, including, but not limited to, studios, swimming pools, sports-related courts and fields, open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas. xii. “Open Space” defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, or detention facilities for 01675-001/00461268 14 Caraustar & Savona Mills/23061-19-060/20231101 stormwater. xiii. “Parking” defined as the temporary accommodation of motor vehicles in an area designed for same. xiv. “Commercial” defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee. b. Prior to constructing for-rent only townhomes on the Brownfields Property, all owner(s) who construct for-rent only townhomes on the Brownfields Property must comply, to DEQ’s written satisfaction, with the applicable requirements of DEQ’s Minimum Requirements for Townhome Developments Under a Brownfields Agreement attached hereto as Exhibit 3. Environmental Management Plan c. Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form, including without limitation: i. demolition of existing buildings, if applicable; ii. issues related to known or potential sources of contamination, including without limitation those resulting from contamination identified in paragraph 3 above; iii. contingency plans for addressing, including without limitation the 01675-001/00461268 15 Caraustar & Savona Mills/23061-19-060/20231101 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 Reporting d. No later than January 31 after each one-year anniversary of the effective date of this Agreement for as long as physical redevelopment of the Brownfields Property continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval on environment-related activities since the last report, with a summary and drawings, that describes: i. actions taken on the Brownfields Property in accordance with Section VI: Work to be Performed above; ii. soil grading and cut and fill actions; iii. methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media; iv. stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected or confirmed to be contaminated with regulated substances; and v. removal of any contaminated soil, water or other contaminated 01675-001/00461268 16 Caraustar & Savona Mills/23061-19-060/20231101 materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all legally required manifests shall be included). Groundwater e. Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ along with any measures DEQ deems necessary to ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public health and the environment. Should groundwater be encountered or exposed during any activity on the Brownfields Property, it shall be managed in accordance with the DEQ-approved EMP outlined in subparagraph 12.c., or a plan approved in writing in advance by DEQ. Soil f. No activity that disturbs soil on the Brownfields Property may occur unless and until DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public health and the environment, except: i. in connection with landscape planting to depths not exceeding 24 inches; ii. mowing and pruning of above-ground vegetation; iii. for repair of underground infrastructure, provided that DEQ shall be 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 01675-001/00461268 17 Caraustar & Savona Mills/23061-19-060/20231101 iv. in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined above in subparagraph 12.c. Final Grade Sampling g. No use of the Brownfields Property where physical redevelopment has taken place pursuant to a DEQ-approved EMP as outlined in subparagraph 12.c. above may occur until the then owner of the Brownfields Property conducts representative final grade soil sampling, pursuant to a plan approved in writing by DEQ, of any such redeveloped area(s) that is not covered by building foundations, sidewalks, asphaltic or concrete parking areas and driveways, or two feet of documented clean fill material. Soil Import and Export h. Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEQ’s satisfaction and the written approval of DEQ, unless conducted in accordance with an approved EMP as outlined above in subparagraph 12.c. Vapor Intrusion i. No enclosed building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the plat component of the Notice of Brownfields Property referenced in paragraph 16 below, may be occupied until DEQ determines in writing that: i. the building is or would be protective of the building’s users and public health from the risk of vapor intrusion based on site assessment data, or a site-specific risk assessment approved in writing by DEQ; or ii. a vapor intrusion mitigation system (VIMS) has been: 01675-001/00461268 18 Caraustar & Savona Mills/23061-19-060/20231101 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 (or alternate guidance/standards approved in writing in advance by DEQ), 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. Access j. Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for purposes of conducting such assessment or remediation, which is to be conducted using reasonable efforts to minimize interference with authorized uses of the Brownfields Property. 01675-001/00461268 19 Caraustar & Savona Mills/23061-19-060/20231101 Monitoring Well Repair k. The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors, or its tenants 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. Separating Old from New Contamination l. 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 customarily used and stored in high-density residential, for-rent only townhome, office, retail, restaurant, entertainment, hotel, brewery or 01675-001/00461268 20 Caraustar & Savona Mills/23061-19-060/20231101 food production facility, institutional, recreation, open space, or parking environments, 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. Notification of Tenants m. Any deed or other instrument conveying an interest in the Brownfields Property shall contain the following notice: “This property is subject to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Mecklenburg County land records, Book ____, Page ____.” A copy of any such instrument shall be sent to the persons listed in Section XVII (Notices and Submissions), though financial figures and other confidential information related to the conveyance may be redacted to the extent said redactions comply with the confidentiality and trade secret provisions of the North Carolina Public Records Law. The owner may use the following mechanisms to comply with the obligations of this subparagraph as to leasehold interests: (i) If every lease or rider is identical in form, the owner conveying an interest may provide DEQ with copies of a form lease or rider evidencing compliance with this subparagraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XVII (Notices and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section XVII. Land Use Restriction Update n. During January of each year after the year in which the Notice referenced below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of 01675-001/00461268 21 Caraustar & Savona Mills/23061-19-060/20231101 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 Mecklenburg County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that the land use restrictions are being complied with. If the Brownfields Property is transferred, the grantor shall submit a LURU (as outlined above) which covers the period of time the grantor owned 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, 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.i. above are performing as designed, and whether the uses of the ground floors, including any tenant renovations, of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how, and under which precautions so as not to interfere with the operation of said system. 01675-001/00461268 22 Caraustar & Savona Mills/23061-19-060/20231101 13. The desired result of the above-referenced land use restrictions is to make the Brownfields Property suitable for the uses specified in this Agreement while fully protecting public health and the environment. 14. The consequence of achieving the desired results will be that the Brownfields Property will be suitable for the uses specified in the Agreement while fully protecting public health and the environment. The consequence of not achieving the desired results will be that modifications to land use restrictions and/or remediation in some form may be necessary to fully protect public health and/or the environment. VIII. ACCESS/NOTICE TO SUCCESSORS IN INTEREST 15. In addition to providing access to the Brownfields Property pursuant to subparagraph 12.j. above, Prospective Developer shall provide DEQ, its authorized officers, employees, representatives, and all other persons performing response actions under DEQ oversight, access at all reasonable times to other property controlled by Prospective Developer in connection with the performance or oversight of any response actions at the Brownfields Property under applicable law. Such access is to occur after prior notice and using reasonable efforts to minimize interference with authorized uses of such other property except in response to emergencies and/or imminent threats to public health and the environment. While Prospective Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective Developer of the timing of any response actions to be undertaken by or under the oversight of DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all of its authorities and rights, including enforcement authorities related thereto, under the Act and any other applicable statute or regulation, including any amendments thereto. 01675-001/00461268 23 Caraustar & Savona Mills/23061-19-060/20231101 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 Mecklenburg 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 Mecklenburg County land records, Book ___________, Page ____________.” A copy of any such instrument shall be sent to the persons listed in Section XVII (Notices and Submissions), though financial figures and other confidential information related to the conveyance may be redacted to the extent said redactions comply with the confidentiality and trade secret provisions of the North Carolina Public Records Law. Prospective Developer may use the following mechanisms to comply with the obligations of this paragraph: (i) If every lease or rider is identical in form, Prospective Developer may provide DEQ with copies of a form lease or rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed leases, 01675-001/00461268 24 Caraustar & Savona Mills/23061-19-060/20231101 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 with any applicable notification requirements under NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any other law, and shall immediately notify the DEQ Official referenced in subparagraph 31.a. below of any such required notification. X. CERTIFICATION 20. By entering into this Agreement, the Prospective Developer certifies that, without DEQ approval, it will make no use of the Brownfields Property other than that committed to in 01675-001/00461268 25 Caraustar & Savona Mills/23061-19-060/20231101 the Brownfields Property Application dated November 4, 2019 and amended by Amendments to the Brownfields Property Application dated June 10, 2021, September 1, 2021, and August 11, 2023, by which it applied for this Agreement. That use is that which is provided in subparagraph 12.a. of this Agreement. Prospective Developer also certifies that to the best of its knowledge and belief it has fully and accurately disclosed to DEQ all information known to Prospective Developer and all information in the possession or control of its officers, directors, employees, contractors and agents which relates in any way to any past use of regulated substances or known contaminants at the Brownfields Property and to its qualification for this Agreement, including the requirement that it not have caused or contributed to the contamination at the Brownfields Property. XI. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS 21. Unless any of the following apply, Prospective Developer shall not be liable to DEQ, and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields Property except as specified in this Agreement: a. The Prospective Developer fails to comply with this Agreement. b. The activities conducted on the Brownfields Property by or under the control or direction of the Prospective Developer increase the risk of harm to public health or the environment, in which case Prospective Developer shall be liable for remediation of the areas of the Brownfields Property, remediation of which is required by this Agreement, to the extent necessary to eliminate such risk of harm to public health or the environment. c. A land use restriction set out in the Notice of Brownfields Property required under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields 01675-001/00461268 26 Caraustar & Savona Mills/23061-19-060/20231101 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 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 01675-001/00461268 27 Caraustar & Savona Mills/23061-19-060/20231101 Brownfields Property or exposures at or around the Brownfields Property that raises the risk to public health or the environment associated with the Brownfields Property beyond an acceptable range and in a manner or to a degree not anticipated in this Agreement. h. The Prospective Developer fails to file a timely and proper Notice of Brownfields Property under NCGS § 130A-310.35. 22. Except as may be provided herein, DEQ reserves its rights against Prospective Developer as to liabilities beyond the scope of the Act. 23. This Agreement does not waive any applicable requirement to obtain a permit, license or certification, or to comply with any and all other applicable law, including the North Carolina Environmental Policy Act, NCGS § 113A-1, et seq. 24. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and any statutory limitations in paragraphs 21 through 23 above, apply to all of the persons listed in NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent as Prospective Developer, so long as these persons are not otherwise potentially responsible parties or parents, subsidiaries, or affiliates of potentially responsible parties. XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE 25. In consideration of DEQ’s Covenant Not To Sue in Section XI of this Agreement and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the Prospective Developer hereby covenants not to sue and not to assert any claims or causes of action against DEQ, its authorized officers, employees, or representatives with respect to any action implementing the Act, including negotiating, entering, monitoring or enforcing this Agreement or the above-referenced Notice of Brownfields Property. 01675-001/00461268 28 Caraustar & Savona Mills/23061-19-060/20231101 XIII. PARTIES BOUND 26. This Agreement shall apply to and be binding upon DEQ, and on the Prospective Developer, its officers, directors, employees, and agents. Each Party’s signatory to this Agreement represents that she or he is fully authorized to enter into the terms and conditions of this Agreement and to legally bind the Party for whom she or he signs. XIV. DISCLAIMER 27. Prospective Developer and DEQ agree that this Agreement meets the requirements of the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2). However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health and the environment which may be posed by regulated substances at the Brownfields Property, a representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a waiver of Prospective Developer’s duty to seek applicable permits or of the provisions of NCGS § 130A-310.37. 28. Except for the land use restrictions set forth in paragraph 12 above and NCGS § 130A-310.33(a)(1)-(5)'s provision of the Act's liability protection to certain persons to the same extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon Prospective Developer under this Agreement are conferred or imposed upon any other person. XV. DOCUMENT RETENTION 29. The Prospective Developer agrees to retain and make available to DEQ all business and operating records, contracts, site studies and investigations, remediation reports, and documents generated by and/or in the control of the Prospective Developer, its affiliates or subsidiaries relating to storage, generation, use, disposal and management of regulated 01675-001/00461268 29 Caraustar & Savona Mills/23061-19-060/20231101 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. 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: 01675-001/00461268 30 Caraustar & Savona Mills/23061-19-060/20231101 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: Gregory W. Pappanastos (or successor in function) Savona, LLC, Savona II, LLC, and 410SG Partners, LLC 1800 Camden Road, Suite 107-230 Charlotte, NC 28203 And to: Jeff Greenway (or successor in function) Savona Resi Phase I Owner (NC), LLC 303 Peachtree Center Avenue NE, Suite 575 Atlanta, GA 30303 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 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 01675-001/00461268 31 Caraustar & Savona Mills/23061-19-060/20231101 approval and certification of this Agreement, and to invalidate its signature on this Agreement. XIX. TERMINATION OF CERTAIN PROVISIONS 33. If any Party believes that any or all of the obligations under Section VIII (Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the requirements of the Agreement, that Party may request in writing that the other Party agree to terminate the provision(s) establishing such obligations; provided, however, that the provision(s) in question shall continue in force unless and until the Party requesting such termination receives written agreement from the other Party to terminate such provision(s). XX. CONTRIBUTION PROTECTION 34. With regard to claims for contribution against Prospective Developer in relation to the subject matter of this Agreement, Prospective Developer is entitled to protection from such claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this Agreement is all remediation taken or to be taken and response costs incurred or to be incurred by DEQ or any other person in relation to the Brownfields Property. 35. The Prospective Developer agrees that, with respect to any suit or claim for contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ 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 01675-001/00461268 32 Caraustar & Savona Mills/23061-19-060/20231101 starting the day after the last of the following public notice tasks occurs: publication of the approved summary of the Notice of Intent to Redevelop a Brownfields Property required by NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the Brownfields Property is located; conspicuous posting of a copy of said summary at the Brownfields Property; and mailing or delivery of a copy of the summary to each owner of property contiguous to the Brownfields Property. After expiration of that period, or following a public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or withdraw its consent to this Agreement if comments received disclose facts or considerations which indicate that this Agreement is inappropriate, improper or inadequate. IT IS SO AGREED: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY By: ____________________________________________________________________________ Bruce Nicholson Date Chief, Brownfields Redevelopment Section Division of Waste Management IT IS SO AGREED: Savona, LLC By: ____________________________________________________________________________ Name: Gregory W. Pappanastos Date Title: Manager Savona II, LLC By: ____________________________________________________________________________ Name: Gregory W. Pappanastos Date Title: Manager 01675-001/00461268 33 Caraustar & Savona Mills/23061-19-060/20231101 410SG Partners, LLC By: ____________________________________________________________________________ Name: Gregory W. Pappanastos Date Title: Manager Savona Resi Phase I Owner (NC), LLC By: Savona Resi Phase I Holding, LLC, Manager By: ____________________________________________________________________________ Name: Jefferson S. Greenway Date Title: Authorized Signatory USGS The National Map: National Boundaries Dataset, 3DEP Elevation Program, Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National Structures Dataset, and National Transportation Dataset; USGS Global Ecosystems; U.S. Census Bureau TIGER/Line data; USFS Road Data; Natural Earth Data; U.S. Department of State Humanitarian Information Unit; and NOAA National Centers for Environmental Information, U.S. Coastal Relief Model. Data refreshed June, 2022. SITE LOCATION MAP CARAUSTAR AND SAVONA MILLS SOUTH TURNER AVENUE CHARLOTTE, NORTH CAROLINA DATE: 23 JOB NO: POR-001 REVISION NO: 0 FIGURE NO: 1 2923 South Tryon Street - Suite 100 Charlotte, North Carolina 28203 704-586-0007 (p) 704-586-0373 (f) License # C-1269 / # C-245 Geology TITLE PROJECT 0 2,000 4,000 SCALE IN FEET SITE Path: S:\AAA-Master Projects\Portman Holdings\Caraustar & Savona Mill\Blue Blaze - Additional Assessment\Figures\Figure-1.mxdN U.S.G.S. QUADRANGLE MAP CHARLOTTE EAST, NORTH CAROLINA 2019 QUADRANGLE 7.5 MINUTE SERIES (TOPOGRAPHIC) Exhibit 1 23061-19-060/Caraustar Mill/20231113   1 Exhibit 2 Brownfields Property Name: Caraustar Mills Brownfields Project Number: 23061-19-060 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, (April 1, 2022 version): Groundwater Contaminant Sample Location Date of Sampling Concentration Exceeding Standard (g/L) Standard (g/L) Chromium 2021-GW-01 1/7/2021 414 10 2020-GW-02 10/1/2020 72.8 p-Isopropyltoluene 2020-GW-02 10/1/2020 0.57 J NE Naphthalene 2016-GW-03 2/26/2016 16.9 6 NE – Screening level or regulatory standard not established. J – Compound was detected above the laboratory method detection limit, but below the laboratory reporting limit resulting in a laboratory estimated concentration. 23061-19-060/Caraustar Mill/20231113   2 GROUNDWATER VAPOR INTRUSION RISK Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter (the equivalent of parts per billion), the vapor intrusion screening levels for which are derived from the Residential and Non-Residential Vapor Intrusion Screening Levels of the Division of Waste Management (July 2023 version): Groundwater Contaminant with Potential for Vapor Intrusion Sample Location Date of Sampling Concentration Exceeding Screening Level (g/L) Residential VI Screening Level1 (g/L) Non- Residential VI Screening Level (g/L) p-Isopropyltoluene 2020-GW-02 10/1/2020 0.57 J NE NE Naphthalene 2016-GW-03 2/26/2016 16.9 4.6 21 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. NE – Screening level or regulatory standard not established. J – Compound was detected above the laboratory method detection limit, but below the laboratory reporting limit resulting in a laboratory estimated concentration. 23061-19-060/Caraustar Mill/20231113   3 SOIL Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the screening levels for which are derived from the Preliminary Residential and Commercial/ 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 (mg/kg) Residential Screening Level1 (mg/kg) Commercial / Industrial Screening Level (mg/kg) Acenaphthylene 2018-SB- 04 2-3 3/23/2018 0.292 J NE NE Arsenic 2020-GW- 02 5-10 10/1/2020 5.7 0.68 3.0 2018-SB- 01 4-5 3/23/2018 1.8 2020-SB- 01 0-2.5 8/13/2020 1.5 2021-SB- 01 0-1 1/7/2021 1.6 J 2018-SB- 02 2-3 3/23/2018 3.6 2016-SB- 02 0.5-5 2/25/2016 <0.91 2018-SB- 03 2-3 3/23/2018 6.2 2016-SB- 03 2-5 2/25/2016 1.5 2018-SB- 04 2-3 3/23/2018 2.5 2016-SB- 05 4-5 2/25/2016 <0.87 2018-SB- 05 2-3 3/23/2018 4.1 2016-SB- 06 2-5 2/25/2016 2.4 2016-SB- 07 2-4 2/25/2016 18 2020-SB- 07 2-2.5 8/13/2020 2.1 2016-SB- 08 2-5 2/25/2016 2.0 2020-SB- 08 0-5 10/1/2020 6.4 23061-19-060/Caraustar Mill/20231113   4 Soil Contaminant Sample Location Depth (ft) Date of Sampling Concentration Exceeding Screening Level (mg/kg) Residential Screening Level1 (mg/kg) Commercial / Industrial Screening Level (mg/kg) Arsenic 2016-SB- 09 0.5-2 2/25/2016 <1.1 0.68 3.0 2016-SB- 10 2-5 2/25/2016 <1.1 2016-SB- 11 0.5-2 2/26/2016 <0.75 2016-SB- 12 4-5 2/26/2016 <0.71 2016-SB- 13 05.-2 2/26/2016 <3.8 2016-SB- 14 05.-2 2/25/2016 1.4 2016-SB- 15 05.-2 2/25/2016 <0.95 2016-SB- 16 2-4 2/25/2016 <4.3 2016-SB- 18 4-5 2/26/2016 <0.64 2016-SB- 19 1-2 2/26/2016 <5.8 2016-SB- 21 2-5 2/25/2016 19.8 2016-SB- 23 4-5 2/25/2016 <0.70 2016-SB- 24 2-4 2/25/2016 <0.91 2016-SB- 25 4-5 2/25/2016 2.3 2016-SB- 26 2-4 2/25/2016 <0.96 2016-SB- 27 0.5-2 2/25/2016 1.1 HH-SB-01 0-2 4/18/2022 2.2 HH-SB-02 0-2 4/18/2022 6.3       23061-19-060/Caraustar Mill/20231113   5 Soil Contaminant Sample Location Depth (ft) Date of Sampling Concentration Exceeding Screening Level (mg/kg) Residential Screening Level1 (mg/kg) Commercial / Industrial Screening Level (mg/kg) Arsenic HH-SB- DUP2 0-2 4/18/2022 2.3 0.68 3.0 HH-SB-03 0-1 4/18/2022 0.80 HH-SB-03 3-4 4/18/2022 1.6 HH-SB-04 2-3 4/18/2022 1.8 HH-SB-05 4-5 4/18/2022 1.7 HH-SB-06 2-3 4/18/2022 2.2 HH-SB-07 2-3 4/18/2022 1.6 COMP-1 / COMP- DUP 0-1 3/25/2022 18.0 / 18.4 Barium 2021-SB- 01 0-1 1/7/2021 3,330 3,100 47,000 Benzo(a)anthrace ne DUP-013 2-5 2/25/2016 4.47 1.1 21 2016-SB- 13 0.5-2 2/26/2016 <4.00 2018-SB- 04 2-3 3/23/2018 9.19 2020-SB- 07 2-2.5 8/13/2020 <1.18 2021-SB- 01 0-1 1/7/2021 <1.50 Benzo(a)pyrene 2016-SB- 08/DUP- 01 2-5 2/25/2016 <0.414 / 3.57 0.11 2.1 2016-SB- 01 4-5 2/25/2016 <0.386 2016-SB- 02 0.5-5 2/25/2016 0.631 2016-SB- 03 2-5 2/25/2016 <0.429 2016-SB- 04 4-5 2/25/2016 <0.392 2016-SB- 05 4-5 2/25/2016 <0.461 2016-SB- 06 2-5 2/25/2016 <0.389 23061-19-060/Caraustar Mill/20231113   6 Soil Contaminant Sample Location Depth (ft) Date of Sampling Concentration Exceeding Screening Level (mg/kg) Residential Screening Level1 (mg/kg) Commercial / Industrial Screening Level (mg/kg) Benzo(a)pyrene 2016-SB- 07 2-4 2/25/2016 <0.375 0.11 2.1 2016-SB- 09 0.5-2 2/25/2016 <0.413 2016-SB- 10 2-5 2/25/2016 <0.389 2016-SB- 11/DUP- 024 0.5-2 2/26/2016 <0.396 / <0.384 2016-SB- 12 4-5 2/26/2016 <0.376 2016-SB- 13 0.5-2 2/26/2016 <4.00 2016-SB- 14 0.5-2 2/25/2016 <0.398 2016-SB- 15 0.5-2 2/25/2016 <0.390 2016-SB- 16 2-4 2/25/2016 <0.401 2016-SB- 17 4-5 2/25/2016 <0.416 2016-SB- 18 4-5 2/26/2016 <0.404 2016-SB- 19 1-2 2/26/2016 <0.376 2016-SB- 21 2-5 2/25/2016 <0.405 2016-SB- 22 2-5 2/25/2016 <0.409 2016-SB- 23 4-5 2/25/2016 <0.418 2016-SB- 24 2-4 2/25/2016 <0.427 2016-SB- 25 4-5 2/25/2016 <0.436 2016-SB- 26 2-4 2/25/2016 <0.343 23061-19-060/Caraustar Mill/20231113   7 Soil Contaminant Sample Location Depth (ft) Date of Sampling Concentration Exceeding Screening Level (mg/kg) Residential Screening Level1 (mg/kg) Commercial / Industrial Screening Level (mg/kg) Benzo(a)pyrene 2016-SB- 27 0.5-2 2/25/2016 <0.344 0.11 2.1 2018-SB- 03 2-3 3/23/2018 0.451 2018-SB- 04 2-3 3/23/2018 8.08 2018-SB- 05 2-3 3/23/2018 0.328 J 2020-SB- 01 0-2.5 8/13/2020 <0.167 2020-SB- 02 / 2020- SB-02 DUP 0-2.5 8/13/2020 <0.166 / <0.172 2020-GW- 02 5-10 10/1/2020 <0.167 2020-SB- 07 2-2.5 8/13/2020 <1.6 2020-SB- 08 0-5 10/1/2020 <0.93 2021-SB- 01 0-1 1/7/2021 <2.04 2021-SB- 02 2-4 1/7/2021 <0.175 HH-SB-02 0-2 4/18/2022 0.202 J COMP-1 / COMP- DUP 0-1 3/25/2022 1.140 J / <0.686 Benzo(g,h,i)peryl ene DUP-013 2-5 2/25/2016 1.73 NE NE 2016-SB- 02 0.5-5 2/25/2016 0.403 2018-SB- 03 2-3 3/23/2018 0.326 J 2018-SB- 04 2-3 3/23/2018 4.20 2018-SB- 05 2-3 3/23/2018 0.128 J Benzo(b)fluorant hene 2018-SB- 04 2-3 3/23/2018 11.6 1.1 21 DUP-013 2-5 2/25/2016 4.09 23061-19-060/Caraustar Mill/20231113   8 Soil Contaminant Sample Location Depth (ft) Date of Sampling Concentration Exceeding Screening Level (mg/kg) Residential Screening Level1 (mg/kg) Commercial / Industrial Screening Level (mg/kg) Benzo(b)fluorant hene 2016-SB- 13 0.5-2 2/26/2016 <4.00 1.1 21 COMP-1 0-1 3/25/2022 1.690 J Di-n- butylphthalate 2021-SB- 01 0-1 1/7/2021 13.8 NE NE Di-n- octylphthalate 2021-SB- 01 0-1 1/7/2021 7.47 NE NE Dibenz(a,h)anthra cene 2016-SB- 01 4-5 2/25/2016 <0.386 0.11 2.1 2016-SB- 02 0.5-5 2/25/2016 <0.397 2016-SB- 03 2-5 2/25/2016 <0.429 2016-SB- 04 4-5 2/25/2016 <0.392 2016-SB- 05 4-5 2/25/2016 <0.461 2016-SB- 06 2-5 2/25/2016 <0.389 2016-SB- 07 2-4 2/25/2016 <0.375 2016-SB- 08/DUP- 01 2-5 2/25/2016 0.521 2016-SB- 09 0.5-2 2/25/2016 <0.413 2016-SB- 10 2-5 2/25/2016 <0.389 2016-SB- 11/DUP- 024 0.5-2 2/26/2016 <0.396 / <0.384 2016-SB- 12 4-5 2/26/2016 <0.376 2016-SB- 13 0.5-2 2/26/2016 <4.00 2016-SB- 14 0.5-2 2/25/2016 <0.398 2016-SB- 15 0.5-2 2/25/2016 <0.390 2016-SB- 16 2-4 2/25/2016 <0.401 23061-19-060/Caraustar Mill/20231113   9 Soil Contaminant Sample Location Depth (ft) Date of Sampling Concentration Exceeding Screening Level (mg/kg) Residential Screening Level1 (mg/kg) Commercial / Industrial Screening Level (mg/kg) Dibenz(a,h) anthracene 2016-SB- 17 4-5 2/25/2016 <0.416 0.11 2.1 2016-SB- 18 4-5 2/26/2016 <0.404 2016-SB- 19 1-2 2/26/2016 <0.376 2016-SB- 21 2-5 2/25/2016 <0.405 2016-SB- 22 2-5 2/25/2016 <0.409 2016-SB- 23 4-5 2/25/2016 <0.418 2016-SB- 24 2-4 2/25/2016 <0.427 2016-SB- 25 4-5 2/25/2016 <0.436 2016-SB- 26 2-4 2/25/2016 <0.343 2016-SB- 27 0.5-2 2/25/2016 <0.344 2018-SB- 04 2-3 3/23/2018 1.32 2020-SB- 01 0-2.5 8/13/2020 <0.155 2020-SB- 02 / 2020- SB-02 DUP 0-2.5 8/13/2020 <0.153 / <0.159 2020-GW- 02 5-10 10/1/2020 <0.154 2020-SB- 07 2-2.5 8/13/2020 <1.48 2020-SB- 08 0-5 10/1/2020 <0.178 2021-SB- 01 0-1 1/7/221 <1.88 2021-SB- 02 2-4 1/7/2021 <0.161 23061-19-060/Caraustar Mill/20231113   10 Soil Contaminant Sample Location Depth (ft) Date of Sampling Concentration Exceeding Screening Level (mg/kg) Residential Screening Level1 (mg/kg) Commercial / Industrial Screening Level (mg/kg) Dibenz(a,h) anthracene COMP-1 / COMP- DUP 0-1 3/25/2022 <0.775 / <0.765 0.11 2.1 Bis(2- Ethylhexyl)phthal ate 2021-SB- 01 0-1 1/7/2021 82.8 39 160 Hexavalent Chromium 2020-SB- 07 2-2.5 8/13/2020 1.75 0.31 6.5 2020-SB- 08 0-5 10/1/2020 1.86 HH-SB-01 0-2 4/18/2022 <0.337 HH-SB-02 0-2 4/18/2022 <0.333 HH-SB- DUP2 0-2 4/18/2022 <0.331 HH-SB-03 0-1 4/18/2022 20.4 HH-SB-03 3-4 4/18/2022 34.1 HH-SB-04 2-3 4/18/2022 <0.383 HH-SB-05 4-5 4/18/2022 3.74 HH-SB-06 2-3 4/18/2022 1.55 HH-SB-07 2-3 4/18/2022 2.32 COMP-1 / COMP- DUP 0-1 3/25/2022 0.573 J / 0.774 J Indeno(1,2,3- cd)pyrene 2018-SB- 04 2-3 3/23/2018 3.95 1.1 21 DUP-013 2-5 2/25/2016 1.80 2016-SB- 13 0.5-2 2/26/2016 <4.00 Isopropyltoluene 2020-GW- 02 5-10 8/13/2020 0.499 NE NE 2018-SB- 01 4-5 3/23/2018 0.002 J 2021-SB- 01 0-1 1/7/2021 0.348 COMP-1 / COMP- DUP 0-1 3/25/2022 0.0066 / 0.0736 Lead 2021-SB- 01 0-1 1/7/2021 8,990 400 800 23061-19-060/Caraustar Mill/20231113   11 Soil Contaminant Sample Location Depth (ft) Date of Sampling Concentration Exceeding Screening Level (mg/kg) Residential Screening Level1 (mg/kg) Commercial / Industrial Screening Level (mg/kg) Naphthalene 2016-SB- 13 0.5-2 2/26/2016 <4.00 2.1 8.8 Phenanthrene 2016-SB- 02 0.5-5 2/25/2016 1.20 NE NE 2018-SB- 03 2-3 3/23/2018 0.442 J 2018-SB- 04 2-3 3/23/2018 15.6 2016-SB- 08/DUP- 01 2-5 2/25/2016 0.661/8.08 HH-SB-02 0-2 4/18/2022 0.259 J 1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. 2HH-SB-DUP collected at HH-SB-02 3DUP-01 collected at 2016-SB-08 4DUP-02 collected at 2016-SB-11 NE – Screening level or regulatory standard not established. J – Compound was detected above the laboratory method detection limit, but below the laboratory reporting limit resulting in a laboratory estimated concentration. 23061-19-060/Caraustar Mill/20231113   12 EXTERIOR SOIL GAS Soil gas contaminants in micrograms per cubic meter, the screening levels for which are derived from Residential and Non-Residential Vapor Intrusion Screening Levels of the Division of Waste Management (July 2023): Soil Gas Contaminant Sample Location Date of Sampling Concentration Exceeding Screening Level (g/m3) Residential Screening Limit1 (g/m3) Non- Residential Screening Limit (g/m3) Acetone HH-SG-01 4/19/2022 18.0 NE NE HH-SG-02 4/19/2022 74.6 2020-SV-05 10/8/2020 17 J 2020-SV-07 8/13/2020 180 2020-SV-08 8/13/2020 130 2021-SV-01 1/12/2021 78 2021-SV-04 1/11/2021 620 2021-SV-08 1/12/2021 250 2021-SV-09 1/12/2021 290 Benzene 2020-SV-07 8/13/2020 48 12 160 2020-SV-08 8/13/2020 13 2020-SV-09 8/13/2020 68 2021-SV-04 1/11/2021 16 2021-SV-08 1/12/2021 21 2021-SV-09 1/12/2021 23 2021-SV-10 1/12/2021 12 1,3-Butadiene 2020-SV-08 8/13/2020 4 3.1 41 Carbon Tetrachloride 2020-SV-08 8/13/2020 29 16 200 Chloroform 2021-SV-01 1/12/2021 18 4.1 53 2021-SV-08 1/12/2021 13 J 2021-SV-10/ 2021-DUP-01 1/12/2021 10 / 10 1,3-Dichlorobenzene 2020-SV-05 10/8/2020 26 NE NE 1,2-Dichloroethane 2021-SV-01 1/12/2021 4.0 3.6 47 Cis-1,2- Dichloroethene HH-SG-02 4/19/2022 0.71 J NE NE Dichlorotetrafluoroet hane HH-SG-02 4/19/2022 0.89 J NE NE Ethanol 2020-SV-05 10/06/2020 5.8 J NE NE 2020-SV-07 8/13/2020 30 2020-SV-08 8/13/2020 26 2020-SV-09 8/13/2020 18 2021-SV-01 1/12/2021 10 J 23061-19-060/Caraustar Mill/20231113   13 Soil Gas Contaminant Sample Location Date of Sampling Concentration Exceeding Screening Level (g/m3) Residential Screening Limit1 (g/m3) Non- Residential Screening Limit (g/m3) Ethanol 2021-SV-02 1/11/2021 26 NE NE 2021-SV-04 1/11/2021 52 2021-SV-05 1/12/2021 4.8 J 2021-SV-08 1/12/2021 93 2021-SV-09 1/12/2021 7.8 J 2021-SV-10/ 2021-DUP-01 1/12/2021 22 HH-SG-01 4/19/2022 10.6 HH-SG-02 4/19/2022 37.7 4-Ethyltoluene HH-SG-02 4/19/2022 7.3 NE NE 2020-SV-05 10/8/2020 1.3 2020-SV-07 8/13/2020 80 2020-SV-08 8/13/2020 70 2020-SV-09 8/13/2020 110 2021-SV-01 1/12/2021 72 2021-SV-02 1/11/2021 48 2021-SV-04 1/11/2021 110 2021-SV-05 1/12/2021 190 2021-SV-08 1/12/2021 190 2021-SV-09 1/12/2021 150 2021-SV-10/ 2021-DUP-01 1/12/2021 48 / 53 Ethylbenzene 2020-SV-07 8/13/2020 49 37 490 2020-SV-08 8/13/2020 43 2020-SV-09 8/13/2020 71 2021-SV-01 1/12/2021 38 2021-SV-04 1/11/2021 49 2021-SV-05 1/12/2021 86 2021-SV-08 1/12/2021 110 2021-SV-09 1/12/2021 82 Naphthalene 2020-SV-07 8/13/2020 16 2.8 36 2020-SV-08 8/13/2020 5.9 2020-SV-09 8/13/2020 3.5 2021-SV-01 1/12/2021 2.9 2021-DUP-012 1/12/2021 3.9 Trichlorofluorometha ne (Freon 11) 2020-SV-05 10/06/2020 1.2 J NE NE 2020-SV-07 8/13/2020 3.3 J 23061-19-060/Caraustar Mill/20231113   14 Soil Gas Contaminant Sample Location Date of Sampling Concentration Exceeding Screening Level (g/m3) Residential Screening Limit1 (g/m3) Non- Residential Screening Limit (g/m3) Trichlorofluorometha ne (Freon 11) 2020-SV-08 8/13/2020 15 NE NE 2021-SV-01 1/12/2021 1.1 J 2021-SV-02 1/11/2021 38 2021-SV-05 1/11/2021 21 2021-SV-10/ 2021-DUP-01 1/12/2021 0.94 J HH-SG-01 4/19/2022 1.4 J HH-SG-02 4/19/2022 46.9 Vinyl Chloride 2020-SV-09 8/13/2020 11 5.6 280 1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. 22021-DUP-01 collected at 2021-SV-10 NE – Screening level or regulatory standard not established. J – Compound was detected above the laboratory method detection limit, but below the laboratory reporting limit resulting in a laboratory estimated concentration. 23061-19-060/Caraustar Mill/20231113   15 SUB-SLAB SOIL GAS Soil gas contaminants in micrograms per cubic meter, the screening levels for which are derived from Residential and Non-Residential Vapor Intrusion Screening Levels of the Division of Waste Management (July 2023): Sub-Slab Soil Gas Contaminant Sample Location Date of Sampling Concentration Exceeding Screening Level (g/m3) Residential Screening Limit1 (g/m3) Non- Residential Screening Limit (g/m3) Acetone HH-SSV-01 4/19/2022 231 NE NE HH-SSV-02 4/19/2022 127 HH-SV-DUP/ HH-SSV-03 4/19/2022 128 / 90.7 HH-SSV-04 4/19/2022 38.4 HH-SSV-05 4/19/2022 26.7 J HH-SSV-06 4/19/2022 25.0 HH-SSV-07 4/19/2022 13.1 BB-SSV-01/ BB-SSV- DUP 2/1/2023 30.4 / 35.1 2020-SV-01 8/19/2020 55 2020-SV-02 8/19/2020 20 2020-SV-04 Adj. 8/19/2020 11,869 2020-SV-06 10/6/2020 32 2020-SV-10 10/6/2020 23 2021-SV-11 1/11/2021 130 2021-SV-11B 11/12/2021 280 2021-SV-13 1/11/2021 17 J 2021-SV-14 1/11/2021 37 Benzene 2020-SV-01 8/19/2020 16 12 160 Carbon Tetrachloride 2020-SV-01 8/19/2020 75 16 200 Chloroform 2020-SV-01 8/19/2020 4.7 4.1 53 1,3-Dichlorobenzene 2020-SV-06 10/6/2020 14 NE NE 2020-SV-10 10/6/2020 4.1 Ethanol 2020-SV-01 8/19/2020 150 NE NE 2020-SV-02 8/19/2020 59 2020-SV-04 Adj. 8/19/2020 887 2020-SV-06 10/6/2020 220 2020-SV-10 10/6/2020 270 2021-SV-11 1/11/2021 190 23061-19-060/Caraustar Mill/20231113   16 Sub-Slab Soil Gas Contaminant Sample Location Date of Sampling Concentration Exceeding Screening Level (g/m3) Residential Screening Limit1 (g/m3) Non- Residential Screening Limit (g/m3) Ethanol 2021-SV-11B 11/12/2021 270 NE NE 2021-SV-13 1/11/2021 66 2021-SV-14 1/11/2021 210 HH-SSV-01 4/19/2022 198 HH-SSV-02 4/19/2022 143 HH-SSV-03 / HH-SSV- DUP 4/19/2022 153 / 155 HH-SSV-04 4/19/2022 72.4 HH-SSV-05 4/19/2022 161 HH-SSV-06 4/19/2022 95.7 HH-SSV-07 4/19/2022 27.8 4-Ethyltoluene 2020-SV-04 Adj. 8/19/2020 246 NE NE 2021-SV-11 1/11/2021 4.5 2021-SV-11B 1/12/2021 160 2021-SV-13 1/11/2021 3.5 2021-SV-14 1/11/2021 2.8 Isopropanol 2020-SV-04 Adj. 8/19/2020 16,371 1,400 18,000 Naphthalene 2020-SV-01 8/19/2020 12 2.8 36 2020-SV-02 8/19/2020 6.8 2020-SV-04 Adj. 8/19/2020 135 2021-SV-11 11/11/2021 29 2021-SV-11B 11/12/2021 6.7 HH-SSV-01 4/19/2022 5.5 J HH-SSV-02 4/19/2022 4.8 J Trichlorofluorometha ne (Freon 11) 2020-SV-01 8/19/2020 1.6 J NE NE 2020-SV-02 8/19/2020 1.9 J 2020-SV-06 10/6/2020 1.4 J 2020-SV-10 10/6/2020 1.2 J 2021-SV-11 1/11/2021 1.1 J 2021-SV-13 1/11/2021 1.2 J 2021-SV-14 1/11/2021 1.2 J HH-SSV-01 4/19/2022 1.6 J HH-SSV-02 4/19/2022 1.3 J 23061-19-060/Caraustar Mill/20231113   17 Sub-Slab Soil Gas Contaminant Sample Location Date of Sampling Concentration Exceeding Screening Level (g/m3) Residential Screening Limit1 (g/m3) Non- Residential Screening Limit (g/m3) Trichlorofluorometha ne (Freon 11) HH-SSV-03/ HH-SSV- DUP2 4/19/2022 1.1 J / 1.1 J NE NE HH-SSV-04 4/19/2022 0.66 J HH-SSV-06 4/19/2022 1.6 J BB-SSV-01/ BB-SSV- DUP 2/1/2023 5.66 / 5.81 HH-SSV-07 4/19/2022 1.2 J 1,2,4- Trimethylbenzene 2020-SV-04 Adj. 8/19/2020 805 420 5,300 1,3,5- Trimethylbenzene 2020-SV-04 Adj. 8/19/2020 941 420 5,300 1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. NE – Screening level or regulatory standard not established. J – Compound was detected above the laboratory method detection limit, but below the laboratory reporting limit resulting in a laboratory estimated concentration. 23061-19-060/Caraustar Mill/20231113   18 INDOOR AIR Indoor air contaminants in micrograms per cubic meter, the screening limits for which are derived from Non-Residential and Residential Vapor Intrusion Screening Levels of the Division of Waste Management (July 2023 version): Indoor Air Contaminant Sample Location Date of Sampling Concentration Exceeding Screening Level (g/m3) Residential Screening Level1 (g/m3) Non- Residential Screening Level1 (g/m3) Acetone 2021-IA-01 11/11/2021 98 NE NE 2021-IA-02 11/11/2021 190 Benzene 2021-IA-01 11/11/2021 1.8 0.36 1.6 2021-IA-02 11/11/2021 1.9 Chloroform 2021-IA-01 11/11/2021 0.25 0.12 0.53 2021-IA-02 11/11/2021 0.32 1,4-Dichlorobenzene 2021-IA-01 11/11/2021 0.32 0.26 1.1 2021-IA-02 11/11/2021 0.57 1,2-Dichloro-1,1,2,2- tetrafluoroethane (Freon 114) 2021-IA-01 11/11/2021 0.13 J NE NE 2021-IA-02 11/11/2021 0.13 J Ethanol 2021-IA-01 11/11/2021 20 NE NE 2021-IA-02 11/11/2021 25 Ethylbenzene 2021-IA-01 11/11/2021 1.5 1.1 4.9 2021-IA-02 11/11/2021 1.3 4-Ethyltoluene 2021-IA-01 11/11/2021 0.40 NE NE 2021-IA-02 11/11/2021 0.57 Naphthalene 2021-IA-01 11/11/2021 0.61 0.083 0.36 2021-IA-02 11/11/2021 0.55 Trichlorofluoromethane (Freon 11) 2021-IA-01 11/11/2021 1.3 NE NE 2021-IA-02 11/11/2021 1.3 1Screening 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. NE – Screening level or regulatory standard not established. J – Compound was detected above the laboratory method detection limit, but below the laboratory reporting limit resulting in a laboratory estimated concentration. North Carolina Brownfields Program Minimum Requirements for Townhome Developments May 2020 The Brownfields Program recognizes that townhomes are becoming a more desirable redevelopment option in many cities and towns, to the point that they are desired by planners and other local government entities. However, townhomes pose major challenges to the Brownfields Program because separate units are sold to individuals and each has a footprint on ground that may be subject to contaminant vapor intrusion in the long term, as well as the possibility of individually owned yards, for which compliance by LUR certification becomes inherently more difficult. History has shown that each of these possibilities holds its own unique challenges for the program to meet its statutory mandate for suitable and safe use because of the increased complexity of monitoring and enforcing Land Use Restrictions that protect public health at townhomes. Therefore, the Brownfields Program has used its past experience to develop a set of minimum requirements for townhome developments in order to meet these challenges. These requirements apply at all townhome developments, with the potential for limited exceptions in certain areas only, for example certain rural areas, where it has been demonstrated to DEQ’s satisfaction that there is no present or future threat from contaminant vapor intrusion. These requirements may be updated periodically based on Program experience. 1)Townhome proposed sites require more comprehensive assessment data which will include, at a minimum, the following: a. Sufficient site groundwater assessment to understand the sources and/or nature of potential vapor intrusion. b.Soil shall be assessed to include both surficial and at depth if any Recognized Environmental Conditions pertain to sources of Volatile Organic Compounds (VOCs). c.Baseline soil gas in the footprint of proposed townhome(s), to include methane and hydrogen sulfide assessment and/or monitoring if applicable. d.Risk assessment based on current data to determine appropriate next steps, including if townhomes are still a suitable use. e.No offsite uncontrolled VOC source of significance impacting the proposed Brownfields Property. f.Townhome uses directly on or over methane (or other contaminant vapor) generating landfills/waste cells/dumps, permitted or otherwise, will not be allowed. 2)Brownfields Agreement will include a final grade sampling requirement for surficial soils. a.This will be included as a work to be performed item that the Prospective Developer must conduct prior to transfer of property to individual owners. b.Final grade sampling will be from 0-2 ft depth after final grade is achieved. c.Include final grade sampling as item under Environmental Management Plan (EMP) Land Use Restriction, for future redevelopments. d.Preference for the property around townhomes to be owned by the Home Owners Association (HOA), if at all possible. e.Land Use Restriction (LUR) prohibiting soil disturbance beyond 2 ft depth below ground surface after initial development. Exhibit 3 Minimum Requirements for Townhome Developments May 2020 3) HOA Declaration of Covenants – Prospective Developer must use DEQ-Prepared HOA declarations rider for attachment to their Declaration of Covenants. These declarations must include, at a minimum, the following: a. HOA must be provided the Obligation, Authority, and Resources to enforce the Brownfield Agreement LURs. b. HOA will be obligated to submit annual Land Use Restriction Update. c. HOA will be obligated to maintain the Brownfields Property’s Vapor Intrusion Mitigation System(s) (VIMS) d. A minimum financial assurance reserve for HOA to conduct environmental and or legal work will be negotiated into the Brownfields Agreement. More specific financial assurance mechanisms are currently being evaluated and may be incorporated in a future revision of this document. At a minimum, the financial assurance reserve will consider the following: i. Site specific amount, to be approved by DEQ. ii. Amount is based on cost proposal from consultant for additional fees plus standard amount for legal enforcement of LURs. iii. The HOA will manage the account and have the to be increase the fund as needed to fulfil its obligations. iv. This financial assurance account must be maintained at the level specified. Can be used, but must be replenished annually. v. Cannot be decreased without prior written DEQ approval. 4) Comprehensive Purchaser Notification Provisions as a LUR a. Require notification fact sheet about the Brownfields Property, including Vapor Intrusion (issue, the VIMS system, and the LURs regarding the VIMS system operation and maintenance.) b. DEQ must approve Notification Fact Sheet prior to distribution. c. Seller must collect and submit to DEQ signatures of purchasers on Notification Sheet 5) Vapor Mitigation a. Design must be one that is, at the minimum, passive with option to operate as an active system on all units. b. DEQ-reviewed VIMP and compliance review letter received prior to construction. Must be developed in accordance with the DEQ Vapor Intrusion Mitigation System (VIMS) Design Submittal, New Construction Minimum Requirements Checklist and the additional components outlined in this document. i. Selected product components should be rated for the contaminant of concern, based on manufacturer documentation. ii. Fans and ducts for active systems shall be on the exterior of the building, preferably on the roof, but at a minimum above the breathing zone. iii. Low vacuum alarms will be required for active systems. iv. Notification requirement to DEQ within 48 hours of identified system failure including low vacuum alarm or pressure monitoring not meeting requirements. Minimum Requirements for Townhome Developments May 2020 c. Air sampling prior to occupancy will be required for every building slab, at a minimum. i. Sub-slab sampling from pre-installed vapor points may be permitted. If sub-slab data indicates a risk (unless DEQ concurs it is likely due to construction materials that are not contaminants of concern). ii. If PCE, TCE and/or select daughter products are present at the Brownfields Property, indoor air sampling will be required. d. If an active system, pressures outlined in the VIMP shall be maintained and be measured monthly for the first year, with quarterly submittals to DEQ Brownfields. A request to reduce monitoring may be made after the first year to semi-annual monitoring with an annual submittal with the LURU. 6) On-Going Monitoring a. Sentry point monitoring, if applicable, will be conducted in accordance with the DEQ approved monitoring plan. b. Annual monitoring of sub-slab for 3 years. If stable after 3rd annual sampling event, monitoring can be reduced to once every 5 years, at the discretion of DEQ. If contaminant concentrations continue to increase, additional indoor air sampling may be required. c. Pre-occupancy sampling can be considered the first of the annual sampling events. d. Indoor air sampling may be required dependent upon results of occupancy and on- going monitoring. 7) DEQ Reviewed & Approved Operations & Maintenance (O&M) Plan. Vapor mitigation systems will be evaluated for proper function in accordance with an approved Operations and Maintenance Plan (OMP). Inspection report(s)shall be signed/sealed by a North Carolina Licensed Professional Engineer for purposes of protection of the public. The OMP shall include, at a minimum, the following: a. All VIMS shall be inspected at least annually by a third party. b. All slabs and perimeter/footer edges shall be inspected for cracks or damage c. Wherever installed, passive wind turbines shall be checked for rust and the ability to spin. d. Pressure measurements shall be collected as defined above by an environmental professional under the direct supervision of a NC-licensed PE, if an active system. e. DEQ Brownfields shall be notified within 7 days of any non-compliance with the approved OMP. f. Annual certification by a NC-licensed PE indicating that the VIMS is functional as intended in the approved VIMP shall be submitted with the annual LURU. This submittal shall include all pressure monitoring reports and inspection report(s). g. All reports shall be signed and sealed for purposes of protection of the public by a North Carolina Licensed Professional Engineer. 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B10'ALLEY(MB332-3)sfcr—S57°19’14”$o\33aTax071-113-01WesleyVanderLugtStephanieVanderLugtDB29948-344LOT1Block6MB332Pg3compostpile/bs,2018-SB-02Z50ZJ0<Q.wA1foggypolegravelf2.9’soi.clTOnout#27°^X#2.4ID-I-AAA©’F’XAsSs^>7-N-GIII/X/XaAa/\N\\/X//i\//,3Iv//1f-ab•s•-S'<3i%XXk/\IIXGr>COTax#071-112-05StevenOwenKingSarahMarieHazelDB37628-600LOT5Block5MB332Pg3 V°,RFIPII!oN&\\<2.'|R?>ASinepR/*(09Pg31.)IRFA-V%V\IRF(stray-5.69’SE)COFIoFflo\\\rvV\\N)Qo—I—Imzb%%A00^eO<A\/-iA\\CPT’UtUre10^yeAr°A/A/Ab-VA'XoQzK^Or»NY°°°'>t#S09SavonaMillLane/(perGIS)cPcPcPwSterffvaultChamberlainAvenue-(MB332-3&DB2674-241&DB2674-255)R/W(currentlyaconstructionarea)S57’14’30”E-240.27’Tax#071-112-06KevinKeyDB38103-769LOT6Block5“zAgraveldriveway—JU)U)~0CPoOOo00_CPGJ0ND-N0SewerR/WPT)~00"000CDGJNJNJ4^-N09NJ-CP-10'ALLEY(MB332-3)BQ_Q-zr~S’OCLQ,,0"B§0)seO<03$2^-0-zZDooXo£J.§00o§oLU0-1X*rn*ooaUd\S-N-NNJ11IOGO_x0QCL30-ZJOCLO.0OOCL-•0CZ>A0>IIS71.YAS57°22’09"E-410.00’--j4XQQWCL6Qr-hID0*0Z5T_»5±0Com20J\%,Nc—-00—0wZL'£Z—O'<0O0O7TWZJm/qQ“xcrx<D"Az3Q-j0p-BQcn<<0)cl5-cnclD,2J?8?S1:3-no=T-b-<--rozrCD00-N0s£zcBCTQZJ0o«3-0OQ~0Q_$2^:IQ2.t.1->0^i£Jr~0—I=3_<CD^2—DU70CDCD—CZO£IsiUi:J-hS>KJbI9-mEropqoc0£X04U£(/)-3"0o«71XIt:0co50sErectYX/\Xcpt\S57*24’49”Saco£Q).£So00<-0*<=500CLQ.WZJO00I“3II(1)ClassofSurvey.”A”(horizontal)”C”(vertical)(2)PositionalAccuracy:Horizontal;0.06feet,Vertical;0.13feet(3)TypeofGPSfieldprocedure:RTKNetwork(VRS)(4)DateofSurvey:September29,2020(5)Datum/Epoch:NAD.83(2011)(Epoch:2010.0000)(6)Published/Fixed-controlused:NCGSRTK(C0RS)Network(7)GeoidModel:GEI0D.12B(8)Units:U.S.SurveyFootVerticaldatumisNAVD88Alldistancesshownhereonarehorizontalgrounddistances.Averagecombinedfactor:0.9998462969504x2£NJ•0)ThissurveyisofanothercategoryasprovidedforinG.S.47—30(f)(11)(d)anddescribeslandsubjecttoanewbrownfieldsagreementwithintheCityofCharlotte.Thissurveydoesnotcreateanewstreet,changeonexistingstreetorcreateasubdivisionofland.=Tzj0“o'0 E-287.70’(230.21)50.R/wUm;t^Dg2674_24S57°22’10’jE237.36’aI$a|1GIcosIIITax#071-113-12KimberlyJ.CruickshanksDB'33290-414LOT4Block6MB332Pg3839.83’100FEMa0Oo2.oCD5~00g:00*0zro2^2oo0ooZJ°-QQ"O00~O0000MCL0CL0—0O0CZ0TJ>_O0zjcn0c~o<.-igR0oo'$O20'0obJogoocclpaTo_-O-^5-2.p„“»=S’5°g““o’~TJP.010TJ0OO0OCNJ0GJP \ MATCH TO SH 32016-SB-09 2016-SB-08/DUP-01 s.'4 2016-SB-07 CPT' 2020-SV-022016-SB-062016-SB-02 22016-SB-05 1 2016-SB-26o #500 S.Turner Ave2016-GW-03/2016-SB-03CPT SYMBOL LEGEND ,0 17.2'7 2020-SV-07, 17.2' 2020-SB-011 2020-SV-012016-SB-25 IR! 2016-SB-27 |3 CPT' :DoC 184.63165^0^ I)(08 DC 125.0'rO 12; top of bank 7<? CP' endwollN4. R^22.82’CPT k>( N St III Of •s>BROWNFIELDS LEGEND 1 -story metal CPT S GROUNDWATER SAMPLE LOCATION & <i 73.9' \ SOIL SAMPLE LOCATION owning :oW \&INDOOR AIR SAMPLE LOCATION SOIL ALIQUOT SAMPLE LOCATION 7 X ?al !OO-year L9TFuture (A Tax #071-114-17 /15—3! Area=22.5 s.f. A* s 640 16 PREL [INARY/OR REVIEW PURPOSESMECKLENBURGCOUNTY,N.C. Property Owners: Sheet 2 of 5 40 40 80 120 o.< I Scale:1"=40’ T 4 A \ W? <4° Registration Number J10/. \#n ffi H W BROWNFIELDS PROPERTY BOUNDARY CO-LOCATED SOIL SAMPLE AND GROUNDWATER SAMPLE LOCATION SUB-SLAB GAS AND/OR SOIL GAS SAMPLE LOCATION Savona Savona Savona Savona unknownF concreiet structure Tax #071-114-17 Lot 4 MB 69-980 1°. Tax #071-121-31 640 State Street LLC DB 34214 Pg 134 concrete ramp gas meters power meter 0 N89‘32'24"E 11.04’x Tax #071-122-05 MECKLENBURG COUNTY (Martin Luther King Community Park) Deed Book 9276 Page 437 (see Deed Book 4213 Page 700) #330 Savona Creek Drive"—- (per GIS) Tax #071-114-12 Lot 2B MB 70-858 &part of closed alley —-"~"#340 Savona Creek Drive (per GIS) S 8 V industrial building #528 S.Turner Avenue !X Stat, DB 34i Tax #071-105-51 Savona LLC DB 27283 Pg 54 (Tract 2A MB 50-837) #525 Coxe Avenue Tax #071-105-02 Michael T.Whitehead 8c Elizabeth M.Whitehead DB 14158 Pg 587 Tax #071-105-03 Savona II LLC DB 37721 Pg 638 #524 State St. N24*19'45"W 4.47* R/W RWDF © s.f. © cone. FDC FOV III IPF IRF/S H * L,R EXHIBIT B to the Notice of Brownfields Property SURVEY PLAT Caraustar Mills Brownfields Tract #1 22.4622 acres line(folil Charlotte,NC 28204 Fax:704-372-9555 & QC1 tn CM I Andrew G.Zoutewelle,N.C.PLS L—3098 h 5 Bi Bridge O to oo tO 1 1 .3 Of old spur/incident with FFE=-- 668.25' 31o In <d I to I tn I I \cM K) -diad -o', b R=135.00’ L=44.83’ N 56°10’24”W s 5 ail to] uv 0 5. I 7 nl D I|I Cl o' | us s I I 3 s I S’! q S 3- 3 3 3' a> Railroad R/W <1—«- jCPT CPT< > in BSMH QD ch. r /old ___ro®a \/5.S3 17.2' •o 8 17.2' ^ANHOLE 0 ~w 4 // Q I,Andrew G.Zoutewelle,certify that this plat was drawn under my supervision from an actual survey made under my supervision (deed descriptions recorded in deed books noted);that the boundaries not surveyed are clearly indicated as dashed lines drawn from adjoining deed sources as shown hereon;that the ratio of precision as calculated is 1:15,000;that this plat was prepared in accordance with G.S.47-30 as amended.Witness my original signature,registration number and seal this day of ,2023. V *c3 / // <7© ^‘Or/77 I 11 °K. ^?/l 'V-T08744t FFE=, 664.4' BellSouth telephone manhole catch basin/yard inlet chord cleanout concrete fire department connection fire hydrant fiber optics vault gas meter gas valve iron pipe found Iron rebar found/set irrigation control valve light pole curve length &radius MB,DB record map,deed references PKF/S PK Nail found/set right of way right of way disc found sanitary sewer manhole square feet (by coordinates) storm drain manhole telephone manhole utility pole water manhole water meter water valve water vault vehicular barrier 432,500,and 528 S.Turner Avenue Savona Creek Drive and 815 Savona Mill Lane Property Addresses:2425,2426,2429,and 2636 Chamberlain Avenue 326,401,410,411,418,and 440 S.Gardner Avenue 400,404,408,412,420,428, 330 and 340 710,720,725,809, CITY OF CHARLOTTE, /pu/- lory in/ri 3—story brick &.concrete industrial building Turner Avenue o o Tax #071-105-01 Savona LLC DB 27283 Pg 54 MB 59-431 #536 State St. Inc. terly\p TiailA -wate,1vcyl < G) MATCH TO SH 3 I * MATCH 2016-SB-24 'I tn \\I X't.\\ \“\1 PlV\ IN 11I <5> £J ufflOS -c Vi =6 \ \/// \/\// \\ A Ibi o\ \ V y»\X I /AA 'X °^1 MI3 7 rO ox \ V v4>\ Hu \A 13.5' 13.5' VICINITY MAP (not to scale) Mln *4. Ax* / AAA \\ Ave Sign W®; Tax #071-072-14 \ Westside Charlotte Apartments LLC/X— DB 35529 Pg 408 ^^Detoi!(no scale): at'7 Aw Ote«l supper- platform "a.g.zoutewelle surveyors 1418 East Fifth St. Phone:704-372-9444 Firm Licensure Number:C-1054 o- 7 r.-pT- I A5A?c i? e v headwa/b Q6 \p 7 Ijl I ;<o ®1 \o-0.1 I X co I O-- 'S' 7/°x -alo -I CD13 Apparent Deed Overlap (dot—shaded) (see chain deeds D.B.568-70, DB 654-289 &DB 5867-108) I Caraustar Property — A/A V - I Vs II A? ft. A1o'! i *^l / (3/ zr °CPT L 3 •*] Tax #071-122-06 Seaboard Coast Line Railroad Company DB 3967 Rg 240 A' Ygs^ <s>// SWIM and Pcco 9uffQr k\CPT 4A- Y \ x\v AV Sa VAX 'Ac/ headwall CSX a/c units ?o- X9 This irianguiar (dotted)area is apparently existing City street right-of-way as'shown in MB 4 Pg 463 (See detail hereon) A cpr 08 A ,'>CPT 7'1 \'io\I 1 1 V 4^ Tax #O7’~1’^'X7v%’' to ,<1 R=741.78’ "L=10.10‘ S65’39’13"W Ch=10.10’ GPS METADATA NOTE (1)Class of Survey:”A”(horizontal)”C”(vertical) (2)Positional Accuracy:Horizontal;0.06 feet,Vertical;0.13 feet (3)Type of GPS field procedure:RTK Network (VRS) (4)Date of Survey:September 29,2020 (5)Datum/Epoch:NAD.83 (201 1 )(Epoch:2010.0000) (6)Published/Fixed-control used:NCGS RTK (CORS)Network (7)Geoid Model:GEI0D.12B (8)Units:U.S.Survey Foot Vertical datum is NAVD88 All distances shown hereon are horizontal ground distances. Average combined factor:0.999846296950 lot line) \ % Atv Tax #071-122-05 MECKLENBURG COUNTY (Martin Luther King Community Park) Deed Book 9276 Page 437 (see Deed Book 4213 Page 700) TRY. X X c;F 03 H L''Hi1"°ii3A\_|K>\]co 1<o I p?\ I 21 l 03 I "0IID I Resi Project LLC;410SG Partners LLC; Resi Phase 1 Owner (NC)LLC; II,LLC; Mill Office (NC)LLC Prospective Developer:410SG Partners,LLC;Savona,LLC;Savona II,LLC; and Savona Resi Phase I Owner (NC),LLC Brownfields Project Name:Caraustar Mills Brownfields Project Number:23061-19-060 Mecklenburg County Tax Parcel I.D.Numbers:071-112-09;071-114-19; 071-114-10;071-114-12; 071-114-18;071-114-17 Survey Date:January 19,2021 Tax #071-122-05 MECKLENBURG COUNTY (Martin Luther King Community Park) Deed Book 9276 Page 437 (see Deed Book 4213 Page 700) ;op of bank §I V0 CPT K\V xWn %\ /^»///\\X ° 92.5' ^#528 S.Turner A\o_\ 1 -story metal auxiliary building XA BB-SSV-01/ BB-SSV-DUP X v x Y A /// #/rh Ra'lir°wT#^ 'd COMP-1/COMP-DUP 'PprtatT A Tax #0X1^122-07 ‘ Mecklenburg 'County DB 4869 Pg 278\ A/ 'A former *Pur/r°CRX Usee DB 1119-289) ^(Centerline »track com 0 A 77 / FFMA Flood Line100-year 'PeA (X , grovel \S, "/TV 0 1 '7// Tyy 7/ e 7 >7^ >0 J “d V// </XVA xml 1 > 5il u kU :RSA ' ^/A 7 TO SI^l 7 X & .o /K, //„9 o FEMA Fio°d Line, 271-121,-31 kstreet\LLC :l\pg 1 "r ' 21 I l1'^,I C MANHOLE IPF SYMBOL LEGENDO IOTCH IN CONC "I ] 3. 4. J 5. LT’ lavement edge pavement"edge O <S> IPIKS200.00’ #400 S.Turner Ave. 4 IPF HH-SSV-01 2 CO2020-SB-08 2016-SB-18 ivol area HH-SSV-02 r BROWNFIELDS LEGEND t::c 2021-SV-14 HH-SSV-03/HH-SSV-DUPO GROUNDWATER SAMPLE LOCATION%/ K IPF on bldg,face 2020-SB-07 SOIL SAMPLE LOCATION This Brownfields plat is not intended toHH-SSV-05101.2’ n 2020-SV-09 $INDOOR AIR SAMPLE LOCATION #420 S.Turner Ave.goto SOIL ALIQUOT SAMPLE LOCATIONitebox 2016-SB-19canopy EL s #428 S.Turner Ave.\#418 S.Gardner Av. I PRELIMINARYI 2016-SB-16 FOR REVIEW PURPOSEw Sheet 3 of 5rasphalt2021-SV-1 0/2021rDUP-0 1pavement I2016-SB-23& 16IPI 1204004080 $ Scale:1"=40' #4'32 S.Turner Ave. ill/ FUTURE s 1278’ concrete <$-fire hydr :nt ©2016-SB-22 14.9*^29’50’’^ .81 'KF 2020-SV-04 ADJGardnerAv. 2016-SB-04 2021-SV-08 Registration Number© ni watef © 2021-SV-11/2021-SV-11BFDC° no pi' Property Owners:steps' #1 2016-SB-10 2020-SV-08 #500 S.Turner Ave MATCH TO SH 2 t-r HSi iter Gardner Ave. brick building LOT 9 Block 5 MB 332-3 I I #411 S.Gardner Av. (per GIS) N57°42’25”W 44.44’ N32°07’19”E ^29.96’ PIV © Tax #071-114-17 Lot 4 MB 69-980 SUB-SLAB GAS AND/OR SOIL GAS SAMPLE LOCATION BROWNFIELDS PROPERTY BOUNDARY CO-LOCATED SOIL SAMPLE AND GROUNDWATER SAMPLE LOCATION 28. 29. 30. 23. 24. 25. 26. 27. Savona Savona Savona Savona Brownfields tracts 1 and 2 Tax parcel and record plat information has been updated rownfields Tract 22.4622 acres Tax #071-111-10 Clendenen Investments LLC,a North Carolina Limited Liablility Company and James Robert Clendenen,III and Audrey Shannon Clendenen DB 37879 Pg867 15’PERMANENT DRAINAGE ESMT. DB 8792-248 #408 S.Turner Ave. IO CO c b CD o 3- o < © ffi M Fw Tax #071-105-52 Savona LLC DB 27283 Pg 54 (Tract 2B MB 50-837) C/D C/D 15’PERMANENT DRAINAGE ESMT.’ DB 8792-244 #404 S.Turner Ave. Oft Ito cn i I Vo Tax #071-104-04 Carolina Urban Properties Ltd. D8 30295 Pg 328 Lot 3 Blk 8 MB 332-3 b BSMH QD ch. cone. FDC FOV ra IPF IRF/S H * L.R Andrew G.Zoutewelle,N.C.PLS L-3098 071-114-12; 071-114-17 HH-SB-02/HH-SB-DU (vacant) T? o _d O CD CO Y City of Charlotte R/W- (DB 5645 Pg.189) 2021-IA-01 Tax #071-104-05 Carolina Urban Properties Ltd. DB 22856 Pg 121 Lots 1-10 Blk 5 MB 230-210 2 V» 1G4 1fa11 I IV1, t I M CD IO CO CO o CV CO 'Z . . 2016-SB-17 8 (“fire \hydrant IPF 'io as co o CV CO C/2 R/W RWDF © s.f. © _taxJ^L :Mill Note j. cn to w oa cn \** I CD O CD h o I <*IP, A M -o',cd o b g b A o A b. S o 6’ •. Fporch Jl .g o cn .£ u o u r^_ R 4 toto V— m S- S Eoto iS 2^ 5 'aii/i r-j \hydrant^ ??CN poa 1 iZ axxvWxv stoop^ face 11"over lot line 77.3’AYY'uX.W.W.XXVW.X.Y'i.'vW.'.'l'lXYv LJ7TTTT ’46”W S57°£3’53”E- 1——i © i .£ i >X I I I J fl o . o> 8. 20.T Lot 6 Lot 7 Lot 2 Lot 3 Lot 4 Lot 5 Lot 8 Lot 9 #710 Savona Mill Lane (per GIS) Lot 5 Lot 6 Lot 1 Lot 2 Lot 7 Lot 8 c mcrete I a/c | 8<o O’. pc*6-'_box oc pae I,Andrew G.Zoutewelle,certify that this plat was drawn under my supervision from an actual survey made under my supervision (deed descriptions recorded in deed books noted);that the boundaries not surveyed are clearly indicated as dashed lines drawn from adjoining deed sources as shown hereon;that the ratio of precision as calculated is 1:15,000;that this plat was prepared in accordance with G.S.47-30 as amended.Witness my original signature,registration number and seal this day of ,2023. ole/tric box )PF I I .io tn i -[Lane #33)__ Io & i \r>ai \\ 2:- \| Lot 3 Lot 4 Brownfields Tract #1 22.4622 acres #412 s-Turner Ave- I I £*• -J O' ro *ro. ^0IPFib Tax #071-104-03 Carolina Urban Properties Ltd. DB 30295 Pg 328 Lots 4 &5 Blk 8 MB 332-3 BellSouth telephone manhole catch basin/yard inlet chord cleanout concrete fire department connection fire hydrant fiber optics vault gas meter gas valve iron pipe found Iron rebar found/set irrigation control valve light pole curve length &radius MB,DB record map,deed references PKF/S PK Nail found/set right of way right of way disc found sanitary sewer manhole square feet (by coordinates) storm drain manhole telephone manhole utility pole water manhole water meter water valve water vault vehicular barrier Resi Project LLC;410SG Partners LLC; Resi Phase 1 Owner (NC)LLC; II,LLC; Mill Office (NC)LLC 432,500,and 528 S.Turner Avenue Savona Creek Drive and 815 Savona Mill Lane MECKLENBURG COUNTY,N.C. Charlotte,NC 28204 Fax:704-372-9555 Firm Licensure Number:C-1054 Tax #071-114-12 Lot 2B MB 70-858 &part of closed alley .Gardner Ave. $1 -story brick building HH-SSV-07 S' Property Addresses:2425,2426,2429,and 2636 Chamberlain Avenue 326,401,410,411,418,and 440 S.Gardner Avenue 400,404,408,412,420,428, 330 and 340 710,720,725,809, CITY OF CHARLOTTE, W\WWWWW\\\ 'City of Charlotte R/W (DB 5645 Pg.189) §o 1 I a> o b a. x g #401 \s. II 1 1 a \I § I I I ' §- EXHIBIT B to the Notice of Brownfields Property SURVEY PLAT Caraustar Mills t J #720 Savona Mill Lane (per GIS) W Piedmont Natural Gas Co. ‘'Night of Way (5'either side of existing gas main line) (DB 13614-727) 4// ‘mwa'.'a•..'/avavAvv; HH-SSV-04 ;i :I -o I C I St \o I \ Io CD I o I ® 4 w 1’1 I 1 I ft co ft '‘0I9? I 5 H I b V A J C $HH-SSV-06fe’ 4- § t 1 At CD c\i IO cv I o CD 00 e cv co co I I I tax Pq rcel *ine v "CO*e 1 1 & I (l j /gas meter GPS METADATA NOTE (1)Class of Survey:”A”(horizontal)”C”(vertical) (2)Positional Accuracy:Horizontal;0.06 feet,Vertical;0.13 feet (3)Type of GPS field procedure:RTK Network (VRS) (4)Date of Survey:September 29,2020 (5)Datum/Epoch:NAD_83 (2011)(Epoch:2010.0000) (6)Published/Fixed-control used:NOGS RTK (CORS)Network (7)Geoid Model:GEI0D_12B (8)Units:U.S.Survey Foot Vertical datum is NAVD88 All distances shown hereon are horizontal ground distances. Average combined factor:0.999846296950 4/e „i- u o r. 6 _: < iu 7 co o C\2 CO 205.06’ II Io I & Io r Chamberlain (MB 332-3 &MB 71-193) E 179.58’ "~~i curd cut r” gravel area v £ S 57°23’31” CD "a.G.ZOUTEWELLE SURVEYORS 1418 East Fifth St. Phone:704-372-9444 / lpT“min A § &> ‘covered V :stoop ^?BSr shut off vaM> 'O' <?( K #401 S.Gardner Ave. 1 -story brick building Tax #071-111-59 HC Rozzelles Ferry LLC /COS 2 MB 71 Pg 173 DB 36645 Pg 714 / tax ';U- concrete, pads A/C plctfo^ 8 1 jYY A' lL <N CO Qj IO O•LJ m S-H £ nr .2 \n.. 05. O CO® IO o p co YA % X°^v\; O' ^heodwoli p Tax #071-104-02 Carolina Urban Properties Ltd. DB 37470 Pg 152 Lots 6 &7 Blk 8 MB 332-3 CD -O c Cm cr ch =: N>o T)JD co \ (as shown on / .^ANHOLE \\ MATCH TO SH 2 t & "HPF S'#/./ X X Tax #071-105-514^d\/X Savona LLC /X DB 27283 Pg 54 ‘3 block Si,- ;Savona(see,G5£frdJ Avenue -4O’/75.5’ S57°02’42”E public R/w 10102’s 57°23’15”E -179.46’ --=l"~ClJfb Cuf -""I 1 -=x=>t=: design,digging,or excavation is begun. Portions of Brownfield Tracts depicted hereon are located within FEMA and Community Flood areas per FEMA Flood Panel No.3710454400K with an effective date of September 2,2015.See areas and lines depicted hereon. a new Brownfields Agreement.The areas and types of contamination depicted hereon X o J \ IA-a-— I DB 3955 Pg 151,DB 5771 Pg 239,DB 13486 Pg 423. 8.See also the plats recorded in MB 332 Pg 3,MB 230 Pg 149,MB 230 Pg 210,MB 4 Pg 67,MB 50 Pg 837,MB 59 Pg 431,and MB 62 Pg 349. 9.See Rights of Way to Duke Power Company recorded in DB 959 Pg 531,DB 1772 Pg 97,and DB 2210 Pg 277. 10.See Easements in favor of Southern Bell Telephone and Telegraph Company recorded in DB 949 Pg 291,and DB 1672 Pg 103. 11.See Memorandum of Agreement with the City of Charlotte recorded in DB 1690 Pg 53. 12.See Rights of Way Agreement to the City of Charlotte recorded in DB 2073 Pg 603,DB 2674 Pg 241,and DB 5645 Pg 189. 13.Permanent Drainage Easements to the City of Charlotte recorded in DB 8792 Pg 244,DB 8792 Pg 248,and DB 13341 Pg 19. 14.Right of Way Agreement to Piedmont Natural Gas recorded in DB 13614 Pg 727. 15.Easement to the Charlotte—Mecklenburg Utilities Department recorded in DB 13614 Pg 732. 16.Easement to Bellsouth Communications,Inc.recorded in DB 13614 Pg 737. 17.Easement to Duke Power Company recorded in DB 959 Pg 548,DB 1450 Pg 383,DB 2210 Pg 277,and DB 13614 Pg 743. 18.Right of Way Agreement to Duke Energy Carolinas,LLC recorded in DB 29159 Pg 550. 19.See covenants,restrictions,and easements recorded in DB 2210 Pg 495. 20.See restrictions recorded in DB 881 Pg 225. 21.See Right of Way to Piedmont and Northern Railway Company recorded in DB 1119 Pg 289. 22.See Agreement recorded in DB 1999 Pg 222. See Easements to the City of Charlotte recorded in DB 23928 Pg 197,DB 23928 Pg 201,and DB 23928 Pg 205. See Reservation of Easements recorded in DB 19681 Pg 843. See Non-Exclusive Easement for Ingress and Egress recorded in DB 4773 Pg 157. See Storm Water Easements to Mecklenburg County recorded in DB 32826 Pg 329,and DB 32826 Pg 335. See Memorandums of Action and Final Judgments to the City of Charlotte recorded in DB 33499 Pg 650,DB 33499 Pg 655,DB 35042 Pg 715,and DB 35128 Pg 486. See Termination of Easements recorded in DB 34159 Pg 141. See Easement Agreement to the City of Charlotte recorded in DB 33378 Pg 563. See Temporary Construction Easement to Mecklenburg County Recorded in DB 32826 Pg 324. 31.See Greenway and Temporary Construction Easement to Mecklenburg County recorded in DB 35015 Pg 514. 32.This survey reflects as-built conditions as of the original Brownfields survey date shown in the title block hereon, are currently under active grading and construction as of the date of this plat update, hereon in order to reflect current parcel configurations,for context purposes. 33.Savona Mill Lane and Savona Creek Drive are planned streets and are shown for illustrative purposes only, dedicate these streets as public right of way or to memorilize the locations of these proposed streets which may be subject to revision before site construction is completed. 6.The purpose of this survey is to describe land subject to a new brownneias Agreement,me areas ana types at contamination depicted nereon 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. 7.See the following withdrawal deeds for alleys and streets that were formerly located within the subject property:DB 1446,Pg 259,DB 2660 Pg 313, General Notes: 1.Sources of title for this Brownfields property are as follows: Deed Book 35433,page 559 and 566 (071-112-090);Deed Book 35433,page 566 (071-114-19);Deed Book 35637,page 853 (071-114-18); Deed Book 35433,page 566 (071-114-19);Deed Book 36200,page 954 (071—114—10);Deed Book 37074,page 406 (071 —114—17);and Deed Book 37637,page 452 (071-114-12)of the Mecklenburg County Registry. This survey does not reflect a complete title examination which may reveal additional restrictions,easements and other matters of title. 2.Areas for the respective Brownfields parcels shown hereon are computed by the coordinate method. The survey does not reflect City of Charlotte zoning designations or a zoning analysis. Any development of this property is subject to the approval of the City of Charlotte which has recently adopted a Unified Development Ordinance which takes full effect on June 1,2023. This survey does not reflect complete utility locations.Contractors should contact the NC One-Call Locating Center at 1-800-632-4949 before any VICINITY MAP (not to scale) 2021-SV-09 arc©!£'X--——LOT 9 LOT 10 stray pipe \1 (2"crimped)l .— ©I .s H h -U -u \LeT 'r \ \ _J K o 00 o c o CO N57"3^ 14)73’ ^Os/1 co^h^es;„ v/ 9j51’ 2021-IA-02 \°O % Prospective Developer:410SG Partners,LLC;Savona,LLC;Savona II,LLC; and Savona Resi Phase I Owner (NC),LLC Brownfields Project Name:Caraustar Mills Brownfields Project Number:23061-19-060 Mecklenburg County Tax Parcel I.D.Numbers:071-112—09;071-114-19; 071-114-10; 071-114-18; Survey Date:January 19,2021 w #725 Savona\Mill L< (per GIS). 20'zoning!xsetbagi< X X \ V? PKS N:549,108.61’. E:1 ,442,632.96’ BO.00’CF:0.999845632710 "pavement edge .~ -X-— CONTAMINANTS TABLE: GROUNDWATER VAPOR INTRUSION RISKExhibit2 SOIL 2/25/20160.5-2 4/18/2022 2.30-2 2/25/2016 <0.3752-4 0-1 4/18/2022 0.802/25/20162-5 <1.1 0.5-2 2/25/2016 <0.413 HH-SB-03 3-4 4/18/2022 1.6 2/26/20160.5-2 <0.75 2/25/20162-5 <0.389HH-SB-04 2-3 4/18/2022 1.8 Arsenic 0.68 3.02/26/2016 <0.714-5Acenaphthylene2-3 3/23/2018 0.292 J 4/18/2022NENEHH-SB-05 4-5 1.7GROUNDWATER 0.5-2 2/26/2016HH-SB-06 2-3 4/18/2022 2.22/26/2016 <3.805.-25-10 10/1/2020 5.7 2-3 4/18/2022 1.6 4-5 2/26/2016 <0.3762/25/201605.-2 1.44-5 3/23/2018 1.8 3/25/20220-1 18.0/18.4 2/26/20160.5-2 <4.0005.-2 2/25/2016 <0.950-2.5 1.58/13/2020 Barium 0-1 1/7/2021 3,330 3,100 47,0002/25/20162-4 <4.3 0.5-2 2/25/2016 <0.3980-1 1/7/2021 I.6J 2-5 2/25/2016 4.474-5 2/26/2016 <0.642-3 3/23/2018 3.6 0.5-2 2/25/2016 <0.390Arsenic0.68 3.0Chromium10 0.5-2 2/26/2016 <4.002/26/20161-2 <5.80.5-5 2/25/2016 <0.91 2-4 2/25/2016 <0.401 Bcnzo(a)pyrcnc 0.1 1 2.12-3 3/23/2018 9.19 211.12/25/20162-5 19.82-3 3/23/2018 6.2 4-5 2/25/2016 <0.416 2-2.5 8/13/2020 <1.18 4-5 2/25/2016 <0.702-5 2/25/2016 1.5 2/26/2016 <0.4044-5Arsenic3.00.68 0-1 1/7/2021 <1.50 2-4 2/25/2016 <0.912-3 3/23/2018 2.5 2/26/20161-2 <0.376 2-5 2/25/2016 <0.414/3.572/25/20164-5 2.34-5 2/25/2016 <0.87 2/25/20162-5 <0.405 2-4 2/25/2016 <0.962-3 3/23/2018 4.1 4-5 2/25/2016 <0.386 2/25/20162-5 <0.409 0.5-2 2/25/2016 1.12-5 2/25/2016 2.4 0.5-5 2/25/2016 0.631 2/25/20164-5 <0.418HH-SB-01 4/18/20220-2 2.2 Benzo(a)pyrenc 0.11 2.12-4 2/25/2016 18 2-5 2/25/2016 <0.429 4/18/2022HH-SB-02 0-2 6.3 2-4 2/25/2016 <0.4272-2.5 8/13/2020 2.1 4-5 2/25/2016 <0.392 4-5 2/25/2016 <0.4362/25/2016 2.02-5 2/25/2016 <0.4614-5 2/25/2016 <0.3432-40-5 10/1/2020 6.4 2-5 2/25/2016 <0.389 23061-19-060/Caraustar Mill/20231 1 13 23061-19-060/CaraustarMill/20231 1 13 2306 1-19-060/CaraustarMill/20231113 23061 -19-060/Caraustar Mill/202311 13 2306l-l9-060/CaraustarMi)l/20231 113 23061-1 9-060/CaraustarMill/20231 113 21 3 4 5 6 EXTERIOR SOIL GAS 0.5-2 2/25/2016 <0.344 2/26/2016 4-5 2/25/2016 <0.4160.5-2 <4.00 Naphthalene 0.5-2 2/26/2016 <4.00 2.1 8.81.1 21 3/25/20220-1 0.11 2.1 0-1 3/25/2022 1 .690 J2-3 3/23/2018 0.451 4-5 2/26/2016 <0.404 0.5-5 2/25/2016 1.20 1/7/2021 13.8 NE NE0-1 0-1 1/7/2021 82.8 39 1602-3 3/23/2018 8.08 1-2 2/26/2016 <0.376 2-3 3/23/2018 0.442 J 1/7/20210-1 7.47 NE NE 2-5 2/25/20162-3 3/23/2018 0.328 J <0.405 2-2.5 8/13/2020 1.75 Phenanthrene 2-3 3/23/2018 15.6 NENE 2/25/2016 <0.3864-5 0-2.5 2-5 2/25/2016 <0.409 10/1/20208/13/2020 <0.167 0-5 1.86 2-5 2/25/2016 0.661/8.080.5-5 2/25/2016 <0.397 NEAcetone NE4-5 2/25/2016 <0.418 4/18/2022 0.259 J0-2.5 8/13/2020 2-5 2/25/2016 <0.429 2-4 2/25/2016 <0.427 4/18/20220-2 <0.331 4-5 2/25/2016 <0.392Bcnzo(a)pyrcnc 2.10.11 0.31 6.55-10 10/1/2020 <0.167 4-5 2/25/2016 <0.436 4-5 2/25/2016 <0.461 2-2.5 8/13/2020 <1.6 2-4 2/25/2016 <0.343 2-5 2/25/2016 <0.389 10/1/2020 <0.93 0.5-2 2.10-5 2/25/2016 <0.344 0.1 1 Benzene 12 160 2/25/20162-4 <0.375 0-1 1/7/2021 <2.04 2-3 3/23/2018 1.32 3/25/20220-12-5 2/25/2016 0.521 0-2.52-4 1/7/2021 <0.175 8/13/2020 <0.155 0.11 2.1 3/23/20182-3 3.950-2 4/18/2022 0.202 J 2/25/20160.5-2 <0.413 2/25/20162-5 1.80 1.1 210-2.5 8/13/20200-1 3/25/2022 Chloroform 4.12-5 2/25/2016 <0.389 532/26/20160.5-2 <4.00 1/12/2021 10/10 2/25/20162-5 1.73 5-10 10/1/2020 <0.154 8/13/20200.5-2 2/26/2016 0.4995-10 0.5-5 2/25/2016 0.403 2-2.5 8/13/2020 <1.48 3/23/20184-5 0.002 .14-5 2/26/2016 <0.376 HH-SG-02 4/19/2022 0.71 J NE NE2-3 3/23/2018 0.326 J NENE Isopropyltoluene NE NE0-5 10/1/2020 <0.178 1/7/20210-1 0.3480.5-2 2/26/2016 <4.00 HH-SG-02 4/19/2022 0.89 J NE NE2-3 3/23/2018 4.20 0-1 1/7/221 <1.88 0.5-2 2/25/2016 <0.398 3/25/20220-12-3 3/23/2018 0.128 J <0.1612-4 1/7/2021 Ethanol NE NE0.5-2 2/25/2016 <0.3903/23/20182-3 11.6 Lead 0-1 1/7/2021 8,990 400 800211.1 2-5 2/25/2016 4.09 2-4 2/25/2016 <0.401 23061-19-060/Caraustar Mill/20231 1 13 23061-19-060/Caraustar Mill/20231 1 13 23061-19-060/Caraustar Mill/20231 1 13 23061-19-060/CaraustarMill/20231 1 13 23061-19-060/CaraustarMill/20231 1 13 7 8 9 10 11 12 PRELIMINARY FOR REVIEW URPOSESSUB-SLAB SOIL GAS 6NENEEthanolNENE1/12/2021 0.94 J 1/12/2021 22 5.6 280 4/19/2022 128/90.7 EXHIBIT B to the Notice of Brownfields Property SURVEY PLAT 30.4/35.14-Ethyltoluene NE NE Caraustar MillsAcetoneNENE 8/19/2020 11.869 Property Addresses:2425,2426,2429,and 2636 Chamberlain Avenue1/12/2021 48/53 326,401,410,411,418,and 440 S.Gardner Avenue 400,404,408,412,420,428,432,500,and 528 S.Turner AvenueEthylbenzene49037 330 and 340 Savona Creek DriveAndrewG.Zoutewelle,N.C.PLS 710,720,725,809,and 815 Savona Mill LaneL—30981.3-Dichlorobcnzene NE NE CITY OF CHARLOTTE,MECKLENBURG COUNTY,N.C.Registration NumberNaphthalene2.8 36 8/19/2020 887 Property Owners:SavonaEthanolNENE 2020-SV-05 1.2 J10/06/2020 NENE Savona8/13/20202020-SV-07 3.3 J Savona23061-19-060/Caraustar Mill/20231 113 23061-19-060/CaraustarMill/20231 113 23061-19-060/Caraustar Mill/20231113 Sheet 4 of 5131415 Savona Prospective Savona II,LLC; 4k?40 0 40 80 120 INSeeSheet5of5forcontinuationofContaminantsTables Scale:1"=40' A Brownfields Project Number:23061-19-060 Mecklenburg County Tax Parcel I.D.Numbers:071-112-09;071-114-19; 071-114-10;071-114-12; 071-114-18;071-114-17 Survey Date:January 19,2021 Station Hse Kaiser BF (2020dwgs TD) Date of Sampling Trichlorofluorometha nc (Freon 1 1) The following tables set forth,for contaminants present at the Brownfields Property above unrestricted use standards orscreening levels as reported in the Environmental Reports in paragraph 4 ofthe Brownfields Agreement to which this is an exhibit,the concentration found at each sample location,and the applicable standard orscreening level.Screening levels and standards are shown for reference only and are not set forth as cleanup or mitigation levels for purposes ofthis Agreement. Benzo(b)fluorant hene Soil Gas Contaminant Groundwater Contaminant Brownfields Property Name:Caraustar Mills Brownfields Project Number:23061-19-060 Sample Location Sample Location Date of Sampling Trichloronuorometha ne (Freon 1 1) Dibenz(a,h)anthra cone Sample Location Sample Location Dateof Sampling Non- Rcsidential Screening Limit (pg/m3) Sub-Slab Soil Gas Contaminant Dibenz(a,h) anthracene Sample Location Date of Sampling Dateof Sampling Concentration Exceeding Screening Level (mg/kg) Non- Rcsidential Screening Limit (pg/m3) Indcnof1,2,3- cd)pyrene Soil Contaminant Dibenz(a,h) anthracene Date of Sampling Date of Sampling Charlotte,NC 28204 Fax:704-372-9555 Number:C-1054 Soil Gas Contaminant Sample Location Date of Sampling Groundwater contaminants in micrograms per liter (the equivalent ofparts per billion), the standards for which are contained in Title 15A of the North Carolina Administrative Code, Subchapter 2L (2L).Rule .0202,(April 1,2022 version): Benzo(g,h,i)peryl one Soil Contaminant Sample Location Date of Sampling Concentration Exceeding Screening Level (mg/kg) <0.166/ <0.172 1.140 J / <0.686 Non- Residential Screening Limit (pg/m3) Commercial /Industrial Screening Level (mg/kg) Groundwater Contaminant with Potential for Vapor Intrusion Groundwater contaminants with potential for vaporintrusion (VI)in micrograms per liter (the equivalent ofparts per billion),the vapor intrusion screening levels for which are derived from the Residential and Non-Residential Vapor Intrusion Screening Levels ofthe Division of Waste Management(July 2023 version): Benzo(b)fluorant hene Soil Gas Contaminant Soil Contaminant Sample Location Date of Sampling Date of Sampling <0.396 / <0.384 Residential Screening Limit1 (pg/m3) Residential Screening Level1 (mg/kg) Commercial /Industrial Screening Level (mg/kg) Soil gas contaminants in micrograms per cubic meter,the screening levels for which are derived from Residential and Non-Residential Vapor Intrusion Screening Levelsof the Division ofWaste Management (July 2023): Soil contaminants in milligramsper kilogram (the equivalent ofparts per million),the screening levels for which are derived from the Preliminary Residential and Commercial/ Industrial Health-Based Soil Remediation Goals ofthe Inactive Hazardous Sites Branch of DEQ’s Superfund Section (July 2023 version): Soil Contaminant Soil Contaminant Sample Location Sample Location Date of Sampling <0.153/ <0.159 Residential Screening Limit1 (pg/m3) Commercial I Industrial Screening Level (mg/kg) Bis(2- Ethylhexyl)phthal ate Soil Contaminant Ilexavalent Chromium COMP-1 / COMP- DUP 202 1 -SB- 01 Sample Location Sample Location Date of Sampling Concentration Exceeding Screening Level (mg/kg) Concentration Exceeding Screening Level (mg/kg) 0.573 J / 0.774 J <0.775 / <0.765 0.0066/ 0.0736 Residential Screening Level1 (mg/kg) Residential Screening Level1 (mg/kg) Commercial /Industrial Screening Level (mg/kg) Commercial /Industrial Screening Level (mg/kg) Benzo(a)anthrace ne Soil Contaminant Soil Contaminant Sample Location Sample Location Date of Sampling Concentration Exceeding Screening Level (mg/kg) Concentration Exceeding Screening Level (mg/kg) Commercial /Industrial Screening Level (mg/kg) Soil gas contaminants in micrograms percubic meter,the screening levels for which are derived from Residential and Non-Residential Vapor Intrusion Screening Levels ofthe Division ofWaste Management (July 2023): Soil Contaminant 2016-SB- 26 2016-SB- 22 2016-SB- 25 Date of Sampling Concentration Exceeding Screening Level (mg/kg) <0.396 / <0.384 Residential Screening Limit1 (pg/m3) Residential Screening Level1 (mg/kg) Non- Residential Screening Limit (pg/m3) Commercial /Industrial Screening Level (mg/kg) Residential Screening Limit1 (pg/m3) Residential Screening Level1 (mg/kg) Concentration Exceeding Screening Level (mg/kg) Concentration Exceeding Screening Level (mg/kg) Residential Screening Level1 (mg/kg) Residential Screening Level1 (mg/kg) Commercial /Industrial Screening Level (mg/kg) Residential Screening Level1 (mg/kg) Residential Screening Level1 (mg/kg) Commercial /Industrial Screening Level (mg/kg) Sample Location Depth (it) Depth (ft) Standard (pg/L) Depth (ft) x7 ,// -Di •d\ Depth (ft) Depth (ft) Depth (ft) Residential VI Screening Level1 (Pg/L) Depth (ft) Depth (ft) Depth (ft) HH-SB- DUP2 HH-SB-03 Benzene Carbon Tetrachloride Chloroform 1,3-Butadienc Carbon Tetrachloride 2016-SB- 07 2016-SB- 09 2016-SB- 23 2016-SB- 24 p-lsopropyltolucne Naphthalene NE -Screening level or regulatory standard not established. J -Compound wasdetected above the laboratory method detection limit,but below the laboratory reportinglimit resultingin a laboratory estimated concentration. 202I-SV-02 2021-SV-04 2021-SV-05 2021-SV-08 2021-SV-09 2021-SV-10/ 2021-DUP-01 HH-SG-01 HH-SG-02 HH-SG-02 2020-SV-05 2020-SV-07 2020-SV-08 2020- SV-09 2021- SV-01 2021-SV-02 2021-SV-04 2021-SV-05 2021-SV-08 202I-SV-09 2021-SV-10/ 2021-DUP-QI 2020-SV-07 2020-SV-08 2020- SV-09 2021- SV-01 2021-SV-04 202I-SV-05 2021-SV-08 2021-SV-09 2020-SV-07 2020-SV-08 2020- SV-09 2021- SV-QI 2021-DUP-QI2 2021-GW-01 2020-GW-02 2020-GW-02 2016-GW-03 4/19/2022 4/19/2022 4/19/2022 10/8/2020 8/13/2020 8/13/2020 8/13/2020 1/12/2021 1/11/2021 1/11/2021 1/12/2021 1/12/2021 1/12/2021 1/11/2021 1/11/2021 1/12/2021 1/12/2021 1/12/2021 1/7/2021 10/1/2020 10/1/2020 2/26/2016 49 43 71 38 49 86 IIP 82 16 5.9 3.5 2.9 3.9 p-Isopropyltoluene Naphthalene 'Screening levels displayed for non-carcinogcns arc fora hazard quotient equal to 0.2.Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. NE -Screening level or regulatorystandard not established. J -Compound wasdetected above the laboratory method detection limit,but below the laboratory reporting limit resulting in a laboratory estimated concentration. Vinyl Chloride 'Screening levelsdisplayed for non-carcinogcns arc fora hazard quotient equal to 0.2.Screening levels displayed for carcinogens are fora 1.0E-6 lifetime incremental cancer risk. 22021 -DUP-01 collected at 2021 -SV-10 NE Screening level orregulatory standard not established. J -Compound wasdetected above the laboratory method detection limit,but below the laboratory reporting limit resulting in a laboratory estimated concentration. 2020-GW-02 2016-GW-03 10/1/2020 2/26/2016 8/13/2020 1/12/2021 1/1 1/2021 1/11/2021 4/19/2022 4/19/2022 8/13/2020 NF. 4.6 2016-SB- 17 2016-SB- 18 2016-SB- 19 2016-SB- 21 2016-SB- 22 2016-SB- 23 2016-SB- 24 2016-SB- 25 2016-SB- 26 2016-SB- 27 2018-SB- 04 2020-SB- 01 2020-SB- 02 /2020- SB-02 PUP 2020-GW- 02 2020-SB- 07 2020- SB- 08 2021- SB- 01 2021 -SB- 02 10/6/2020 10/6/2020 1/11/2021 11/12/2021 1/11/2021 1/11/2021 8/19/2020 8/19/2020 8/19/2020 10/6/2020 10/6/2020 8/19/2020 8/19/2020 4/19/2022 4/19/2022 8/19/2020 8/19/2020 10/6/2020 10/6/2020 1/11/2021 38,4 26,7 J 25.0 13.1 32 23 130 280 1 7 J 37 16 75 4.7 14 4,1 150 59 220 270 190 55 20 12 16 4.1 160 200 53 0-2 0-2 0-1 3- 4 2-3 4- 5 2-3 2-3 4/18/2022 4/18/2022 4/18/2022 4/18/2022 4/18/2022 4/18/2022 4/18/2022 4/18/2022 <0.337 <0.333 20.4 34,1 <0.383 3.74 1.55 2.32 2016-SB- 13 2016-SB- 02 2018-SB- 03 2018-SB- 04 2016-SB- 08/DUP- 01 HH-SB-02 HH-SB-07 COMP-1 / COMP- DUP 2021-SB- 01 DUP-013 2016-SB- 10 2016-SB- 11/DUP- 024 2016-SB- 12 2016-SB- 13 20I6-SB- 14 2016-SB- 15 2016-SB- 16 2016-SB- 17 2016-SB- 18 2016-SB- 19 2016-SB- 21 HH-SG-01 HH-SG-02 2020-SV-05 2020-SV-07 2020- SV-08 2021- SV-01 2021-SV-04 202I-SV-08 2021-SV-09 2020-SV-07 2020-SV-08 2020- SV-09 2021- SV-04 202I-SV-08 202I-SV-09 202 1 -SV-10 2020-SV-08 2020- SV-08 2021- SV-01 2021-SV-08 2021-SV-J0/ 2021-DUP-QI 2020- SV-05 2021- SV-01 2020-SV-05 2020-SV-07 2020-SV-08 2020- SV-09 2021- SV-01 10/06/2020 8/13/2020 8/13/2020 8/13/2020 1/12/2021 4/19/2022 4/19/2022 10/8/2020 8/13/2020 8/13/2020 1/12/2021 1/11/2021 1/12/2021 1/12/2021 8/13/2020 8/1 3/2020 8/13/2020 1/11/2021 1/12/2021 1/12/2021 1/12/2021 8/13/2020 8/13/2020 T/12/2021 1/12/2021 10/8/2020 1/12/2021 5.8 J 30 26 18 10 J 41 200 NE 47 8/13/2020 8/13/2020 8/13/2020 1/12/2021 1/11/2021 1/12/2021 1/12/2021 1/12/2021 8/13/2020 8/13/2020 8/13/2020 1/12/2021 1/12/2021 Concentration Exceeding Standard (pg/L) 414 72.8 0.57 J 16.9 NE 6 2016-SB- 13 COMP-1 2021-SB- 01 2021-SB- 01 2016-SB- 01 2016-SB-’ 02 2016-SB- 03 2016-SB- 04 2016-SB- 05 2016-SB- 06 2016-SB- 07 2016-SB- 08/DUP- 01 2016-SB- 09 2016-SB- 10 2016-SB- 11/DUP- 024 2016-SB- 12 2016-SB- 13 2016-SB- 14 2016-SB- 15 I 2016-SB-; . 23061-1 9-060/Caraustar Mi11/2023 1 1 13 Di-n- butylphthalatc Di-n- octylphthalate 2020- SV-08 2021- SV-01 2021-SV-02 2021-SV-05 2021 -SV-10/ 2021-DUP-QI HH-SG-01 HH-SG-02 2020-SV-09 Concentration Exceeding Screening Level (pg/L) 0.57 J 16.9 Concentration Exceeding Screening Level (pg/m3) 15 1.1 J 38 21 1.4 J 46.9 1 1 Non- Residential VI Screening Level (pg/L) NE 21 2018-SB- 04 2020-GW- 02 2018-SB- 01 2020- SB- 01 2021- SB- 01 2018-SB- 02 2016-SB- 02 2018-SB- 03 2016-SB- 03 2018-SB- 04 2016-SB- 05 2018-SB- 05 2016-SB- 06 2016-SB- 07 2020-SB- 07 2016-SB- 08 2020-SB- 08 2016-SB- 13 2018-SB- 04 2020- SB- 07 2021- SB- 01 2016-SB- 08/DUP- 01 2016-SB- 01 2016-SB- 02 2016-SB- 03 2016-SB- 04 2016-SB- 05 2016-SB- 06 1,3-Dichlorobenzene 1 ,2-Dichloroethane Cis-1,2- Dichloroethene Dichlorotetrafluoroet hane Concentration Exceeding Screening Level (pg/m3) 18,0 74.6 17J 180 130 78 620 250 290 48 13 68 16 21 23 12 4 29 18 13 J 3.1 16 Concentration Exceeding Screening Level (pg/m3) 26 52 4.8 J 93 7.8 J Concentration Exceeding Screening Level (pg/m3) 231 127 2020-SB- 07 2020-SB- 08 HH-SB-0 1 HH-SB-02 ini-SB- DUP2 HH-SB-03 HH-SB-03 HH-SB-04 HH-SB-05 HH-SB-06 HH-SB-07 COMP-1 / COMP- DUP 2018-SB- 04 DUP-013 2016-SB- 13 2020- GW- 02 2018-SB- 01 2021- SB- 01 COMP-1 / COMP- DUP 2021-SB- 01 0-2 'Screening levelsdisplayed for non-carcinogcns arc for a hazard quotient equal to 0.2.Screening levels displayed forcarcinogens arc for a 1 .OE-6 lifetime incremental cancer risk. 2HH-SB-DUP collected at HH-SB-02 'DUP-01 collectedat 2016-SB-08 JDUP-02 collectedat 2016-SB-l 1 NE -Screening level orregulatory standard not established. J -Compound was detected above the laboratory method detection limit,but belowthe laboratory reporting limit resulting in a laboratory estimated concentration. HH-SSV-01 HII-SSV-02 HH-SV-DUP/ HH-SSV-03 HH-SSV-04 HH-SSV-05 HH-SSV-06 HH-SSV-07 BB-SSV-01/ BB-SSV- DUP 2020-SV-01 2020-SV-02 2020-SV-04 Adj. 2020-SV-06 2020- SV-10 2021 - SV-1 I 2021-SV-1 IB 2021 -SV-13 2021 -SV-14 2020-SV-01 2020-SV-01 2020-SV-0I 2020-SV-06 2020-SV-10 2020-SV-QI 2020-SV-02 2020-SV-04 Adj. 2020-SV-06 2020- SV-10 2021- SV-1 1 2016-SB- 27 2018-SB- 03 2018-SB- 04 2018-SB- 05 2020-SB- 01 2020-SB- 02 /2020- SB-02 PUP 2020-GW- 02 2020-SB- 07 2020- SB- 08 2021- SB- 01 2021-SB- 02 HH-SB-02 COMP-1 / COMP- DUP DUP-013 2016-SB- 02 2018-SB- 03 2018-SB- 04 2018-SB- 05 2018-SB- 04 DUP-013 26 4.0 NE 3.6 10.6 37.7 7,3 1.3 80 70 110 72 48 110 190 190 150 2016-SB- 09 2016-SB- 10 2016-SB- II 2016-SB- 12 2016-SB- 13 2016-SB- 14 2016-SB- 15 2016-SB- 16 2016-SB- 18 2016-SB- 19 2016-SB- 21 2016-SB- 23 2016-SB- 24 2016-SB- 25 2016-SB- 26 2016-SB- 27 "a.g.zoutewelle 4 I,Andrew G.Zoutewelle,certify that this plat was drawn under my supervision from an actual survey made under my supervision (deed descriptions recorded in deed books noted);that the boundaries not surveyed are clearly indicated as dashed lines drawn from adjoining deed sources as shown hereon;that the ratio of precision as calculated is 1:15,000;that this plat was prepared in accordance with G.S.47—30 as amended.Witness my original signature,registration number and seal this day of ,2023. Resi Project LLC;410SG Partners LLC; Resi Phase 1 Owner (NC)LLC; II,LLC; Mill Office (NC)LLC SURVEYORS 1418 East Fifth St. Phone:704-372-9444 Firm Licensure % At \°o- 4/19/2022 4/19/2022 4/19/2022 4/19/2022 2/1/2023 o’ VICINITY MAP (not to scale) Aw Developer:410SG Partners,LLC;Savona,LLC; and Savona Resi Phase I Owner (NC),LLC Brownfields Project Name:Caraustar Mills LAND USE RESTRICTIONS Separating Old from New Contamination Groundwater Soil Notification of Tenants iv.Land Use Restriction Update vii.Final Grade Sampling g- ix. Soil Import anc Export h. xii. Vapor Intrusion b. 1.Environmental Management Plan Access iv. Redevelopment Reporting d.Monitoring Well Repair PRELIMINARY FOR REVIEW PURPOSES for the purposes of NCGS §1 30A-310.35 16 Date CONTAMINANTS TABLE (continued): INDOOR AIR Caraustar Mills4/19/2022 1.1 J/1.1 J Indoor Air Contaminant NE NE Ethanol NE NE 2/1/2023 5.66/5.814/19/2022 153/155 NE NEAcetone4/19/2022 1.2 J 8/19/2020 805 5,300420 Benzene 0.36 1.6 330 and 340 Savona Creek Drive8/19/2020 941 420 5,300 Chloroform 0.12 0.53 /246 710,720,725,809,and 815 Savona Mill Lane0.26 1.1 4-Ethyltolucne NE NE CITY OF CHARLOTTE,MECKLENBURG COUNTY,N.C.Registration NumberNENE Property Owners:NE NEIsopropanol1,400 18,000 Ethylbenzene 1.1 4.9 4-Ethyltoluene NE8/19/2020 135 NE Naphthalene 2.8 36 Sheet 5 of 50.083 0.36 NE NE Savona II,LLC; 40 o 40 80 120 NE NE Caraustar MillsScale:1"=40' 2306l-l9-060/CaraustarMill/20231 1 13 23061-19-060/CaraustarMill/20231113 23061-l9-060/CaraustarMill/20231 113 16 17 18 071-114-17 Station Hse Kaiser BF (2020dwgs TO) No later than January 31 after each one-yearanniversary of the effective date of this Agreement for as long as physical redevelopment of the Brownfields Property' continues (except that the final ceadline shall fall 9(days after the conclusion of physical redevelopment),the tthen owner of the B rownfields Property shall provide DEQ a report subject to written DEQ aporoval on environment-related activities since the last report,with a summary aand drawings,that diescribes: NCGS 130A-31 0.35(a)requires recordation of a No:ice of Brownfields Property (“Notice”)tnat identifies any restrictions on the currrent and future use of a Brownfields Property that are necessary or useful to maintain th)level of protectionappropriate for the designated current or future use of the EBrownfields Property and that are designated in a Brownfields Agreement pertaining to the Brownfields Poperty.This survey plat constitutes onee of three exhibits to the Notice pertaini ng to the Brownfields Property depicted 01 this plat and recoded at the Mecklenburg County Register of Deeds’office.The exhibits to the ^Notice are:the Browvnfields Agreement for the subject property,which is attached as Exhibt A to the Notice;a -educed version of this survey plat,which is attached as Exchibit 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 belowv have been excerpted verbatim from paragraph 12 of the Brownfields Agreement,and all paragraph Ietters/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 perpeuity unless canceled by the Secretary obf the North Carolina Department of Environmental Quality (or its successor in function),or lis/her designee,ater the hazards have been eliminated,pursuant to NCGS §i 130A-31 0.35(e): Land Uses iii. iv. xiii. xiv. Trichlorofluorometha ne (Freon 11) Sub-Slab Soil Gas Contaminant Sample Location Date of Sampling Residential 1 Screening ; Limit1 (pg/m3) TrichloroIluorometha ne (Freon 1 1) Sub-Slab Soil Gas Contaminant Sample Location Date of Sampling Indoorair contaminants in micrograms percubic meter,the screening limits for which are derived from Non-Residential and Residential Vapor Intrusion Screening Levels ofthe Division ofWaste Management (July 2023 version): No use of the Brownfields Property where physcal redevelopmenthas taken place pursuant to a DEQ-appbroved EMP as outliined in subparagrapih 12.c.above may occur until the then owner of the Bownfields Property conducts represemative final grade soil sampling,pursuanit to a plan approved in writing by DEQ,,of any such redeveloped aiea(s)that is not covered by building foindations,sidewalks,asphaltic or concrete parking areas amd driveways,or two feet of documented clean fill material. Soil may not be removed from,or brought onto the Brownfields Poperty without priorsampling and analysis to DEQ’s satisfa ction and the written approval of DEQ, unless conducted in accordance with an approved EMP as outlined above?in subparagraph 1 2.c. Sample Location Date of Sampling Residential Screening Level1 (Hg/m3) For purposes of the land use restrictons 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. 071-114-18; Survey Date:January 19,2021 Non- |Residential I Screening Limit (ug/tn3) Concentration Exceeding Screening Level (ng/m3) Non- Rcsidcntial Screening Limit (pg/m3) k.The owrer of any portion ofthe Brownfields Property where any ebisting,or subsequently installed,DEQ-sapproved monitoring well is damaged b>y the owner,its contractors,or its tenants shall beresponsible for repair of any such wells to DEQ’s written satisfaction and withim a time period acceptable to DEQ,unless compliance with this land ise restriction is waved in writing by DE Q in advance. Non- Residential Screening Level1 (pg/m3) Bruce Nicholson,Chief Brownsfields Redevelopment Section Division of Waste Management State of North Carolina County of Wake ii. iii. Residential Screening Limit1 (pg/m3) I. ii. iii. iv. ii. iii. EXHIBIT B to the Notice of Brownfields Property SURVEY PLAT j.Neither DEQ,nor any party conducting environnental assessmentor remediation at tte 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 remediati on,which is to be conducted usirg reasonable efforts to minimize interference with authorized uses of the Browmfields Property. Andrew G.Zoutewelle,N.C.PLS L—3098 -oi (K "Eio' V. vi. 11/11/2021 1 1/12/2021 4/19/2022 4/19/2022 8/19/2020 8/19/2020 10/6/2020 10/6/2020 1/11/2021 1/11/2021 1/11/2021 4/19/2022 4/19/2022 11/12/2021 1/11/2021 1/11/2021 4/19/2022 4/19/2022 4/19/2022 4/19/2022 4/19/2022 4/19/2022 8/19/2020 8/19/2020 8/19/2020 1/11/2021 1/12/2021 1/11/2021 1/11/2021 8/19/2020 16,371 12 6.8 72.4 161 95.7 27.8 4/19/2022 4/19/2022 0.66 J 1.6J Naphthalene Trichlorofluoromethane (Freon 1 1) 'Screening limits displayed fornon-carcinogensare for a hazard quotient equal to 0.2.Screening levels displayed for carcinogensarefora 1 .0E-6 lifetime incremental cancer risk. NE -Screening level or regulatory standard not established. J -Compound was delected above the laboratory method detection limit,but belowthe laboratory reporting limit resulting in a laboratory estimated concentration. 2021-IA-01 2021-LA-02 2021-IA-01 2021-IA-02 2021-IA-01 2021-IA-02 2021-IA-01 2021-1A-02 2021-1A-01 2021-IA-02 2021-1A-01 2021-LA-02 2021-1A-01 2021-LA-02 202I-IA-01 2021-IA-02 2021-1A-01 2021-1A-02 2021-IA-01 2021-IA-02 11/11/2021 11/11/2021 11/11/2021 11/11/2021 11/11/2021 11/11/2021 11/11/2021 11/11/2021 11/1 1/2021 11/11/2021 11/11/2021 11/11/2021 11/11/2021 11/11/2021 1 1/1 1/2021 11/11/2021 11/11/2021 1 1/11/2021 11/11/2021 11/11/2021 29 6,7 5.5 J 4.8 J 1.6.1 1.9 J 1.4 J 1.2J 1.1 J 1.2 J 1.2 J 1.6 J 1.3 J 4.5 160 3.5 2.8 Concentration Exceeding Screening Level (Hg/m3) 98 190 1.8 1.9 0.25 0.32 0.32 0.57 0.13.1 0.13 J 20 25 1.5 1.3 0.40 0.57 0.61 0.55 1.3 1.3 Concentration Exceeding Screening Level (pg/m3) 270 66 210 198 143 HH-SSV-03/ HH-SSV- DUP3 HH-SSV-04 HH-SSV-06 BB-SSV-01/ BB-SSV- DUP HH-SSV-07 2020-SV-04 Adj. 2020-SV-04 Adj. 1 ,4-DichIorobenzene 12-Dichloro-I,l,2,2- tetrafluoroethane (Freon 1 14) Ethanol 2021 -SV-1 IB 2021-SV-13 2021 -SV-14 HH-SSV-01 HH-SSV-02 HH-SSV-03 / HH-SSV- DUP HH-SSV-04 HH-SSV-05 HH-SSV-06 HH-SSV-07 2020- SV-04 Adj. 2021- SV-ll 2021-SV-1 IB 2021 -SV-13 2021 -SV-14 2020-SV-04 Adj. 2020-SV-01 2020-SV-02 2020- SV-04 Adj. 2021- SV-1 1 2021 -SV-1 IB HH-SSV-01 HH-SSV-02 2020-SV-01 2020-SV-02 2020-SV-06 2020- SV-10 2021- SV-ll 202 1-SV-13 202I-SV-14 HH-SSV-01 HH-SSV-02 1.2.4- Trimethylbenzene 1.3.5- Trimcthylbcnzenc 'Screening levels displayed for non-carcinogens are for ahazard quotient equal to 0.2.Screening levels displayed for carcinogens are fora 1 .0E-6 lifetime incremental cancer risk. NE -Screening level or regulatory standard not established. J -Compound was detected above the laboratory method detection limit,but below the laboratory reporting limit resulting in a laboratory estimated concentration. 4 4/ f.No activity that disturbs soilon the Brownfields Property may occur unless and until DEQ states in writing,in advance ofthe p roposed activity,thaat said activity may occur if carried out along with anymeasures DEQ deems necessary to ensure the Brownfields Property will be siuitable for the uses specified in subparagraph 12.a.above while fully protecting public health and the environment,except: Prior to constructing for-rent only townhomes on the Brownfields Property,all owne(s)who construct foir-rent only townhormes on the Brownfields Property must comply,to DEQ’s written satisfaction,with the applicable requirements of DEQ’s Minimum Requirements for Townhome Developments Under a Brownfields Agreement attached hereto as Exhibit 3. demolition of existing buildings,if applicable; issues related to known or potential sources of contamination,including without limitation those resulting from contamination identified in paragraph 3 above; 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 dran fields,oil-water separators,soil contaimination);and plans for the proper characterization and DEQ approval of both fl I soil before importto the Brownfields Property and the disposition of all soil excavated from the Brownfields Property during redevelopment. actions taken on the Brownfields Property in accordance with Section VI:Work to be Performed above; soil grading and cut and fill actions; methodology(ies)employed for field screening sampling and laboratory analysis of environmental media; stockpiling,containerizing,decontaminating,treating,handling,laboratory analysis and ultimate disposition of any soil,groundwater or other materials suspected or confirmed tc be contaminated with regulated substainces;and v.removal of any contaminated soil,water or otter contaminated materials (for example,concrete,demolition debris)from the Brownfields Property (copies of all legally required manifests shall be included). in connection with landscape planting to depths not exceeding 24 inches; mowing and pruning of above-ground vegetation; for repair of underground i^restructure,provided that DEQ shall be given written notice at least seven day's in advance of a scheduled repair (if only by email)of any such repar,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 in connection to work condicted in accordancewith a DEQ-appro\ed Environmental Management Plan (EMP)as outlined abcove in subparagraplh 12.c. Property Addresses:2425,2426,2429,and 2636 Chamberlain Avenue 326,401,410,411,418,and 440 S.Gardner Avenue 400,404,408,412,420,428,432,500,and 528 S.Turner Avenue Savona Resi Project LLC;410SG Partners LLC; Savona Resi Phase 1 Owner (NC)LLC; Savona II,LLC; Savona Mill Office (NC)LLC i.No enclosed building may be constructed on the Brownfields Property and no existing building,defined as those depicted on the plat component of the Notice of Brownfields Property referenced ir paragraph 16 belcw,may be occupiedl until DEQ determines in writing that: I.the building is or would be protective of the bu i di ng’s users and piblic health from therisk of vapor intrusion based on site assessment data,or ai site-specific risk assessment approved in writing by DEQ;or ii.a vapor intrusion mitigation system (VIMS)has tbeen: I.None of the contaminants knewn to be present inthe environmental nedia at the Browmelds Property,as d escribed in Exhibit 2 of this Agreement and as modified by DEQ in writing if additional contaninants in excess o:applicable standads are discovered at the Brownfields Property,may be use d or stored at the Brrownfields Property without the prior written approval of DEQ,except: I,Andrew G.Zoutewelle,certify that this plat was drawn under my supervision from an actual survey made under my supervision (deed descriptions recorded in deed books noted);that the boundaries not surveyed are clearly indicated as dashed lines drawn from adjoining deed sources as shown hereon;that the ratio of precision as calculated is 1:15,000;that this plat was prepared in accordance with G.S.47-30 as amended.Witness my original signature,registration number and seal this day of ,2023. i.in de minimis quantities for cleaning and other routine housekeeping and maintenance activities; ii.as constitients 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,no?t used or repackageed)and later removed from the Brownfields Property in the original packaging or containers;and iv.as constitjents of products customarily used anc stored in high-density residential,for-rent only townhome,office,retail,restauirant,entertainment,,hotel,brewery or food producticn facility,institutional,recreation,openspace,or parking environments,and subject to DEQ’s prior written approval,o?ther commercial us;es,provided such products and materials are stored in original retail packaging and used and disposed of in accordance with applicable laws. designed to mitigate the infusion of subsurfacE vapors into buildirg features in accordance with the most recent and applicable DWM Vapor Intrusion Guidance, Interstate Technology &Regulatoiy Council (ITRC)giidance,and American National Standards Institute (ANSI)/American Association of Radon Scientiists and Technologists ;AARST)standards (or alternate guidaice/standards approved in writing in advance by DEQ),anctl that a professional!engineer licensed iin 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 ofthe installation,with said engineer’s professional seal confirming that the engineer is satisfied that the system was installed per he DEQ approved design.If any deviaions from the system design were necessary during installsation,then the reporrt 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 p?ublic health. j VICINITY MAP (not to scale) m.Any deed or other instrumentconveying an interest in the Brownfielcs Property shall cortain the following notice:“This property is subject to the Brcownfields Agreement attacied as Exhibit A to the Notice of Brownfields Property reccrded in the Mecklenburg County land records,Book ,Page .”A cop y of any such instrument shall be sent to the persens listed in SectionXVIl (Notices and Submissions),though financial figures amd other confidential!information related to the conveyance may be redacted to theextent said redactions comply with theconfidentiality and trade secret provisions ofthe North Carcolina Public Record's Law.The owner may use tie following mechaiisms to comply wih the obligations ofthis subparagraph as to leasehold interests:(i)If every leaise or rider is identical in form,the owner conveying an interest may provide DEQ with copes of a form lease or rider evidencing compliance with this subparagraph,in lieu of sending copiess of actual, executed leases,to the persons listed in Section XVII (Notices and Submissions);or (ii)The owner conveying an imterest may provide abstracts of leases,,rather than full copies of said leases,to the persons listed in Section XV/II. 1 Prospective Developer:410SG Portners,LLC;Savona,LLC; and Savona Resi Phase I Owner (NC),LLC Brownfields Project Name: Brownfields Project Number:23061-19 —060 Mecklenburg County Tax Parcel I.D.Numbers:071—112—09;071 —114-19; 071-114-10;071-114-12; e.Groundwater at the Brownfislds Property may rot be used for any Durpose without the prior written approval of DEQ along with any measures DEQ deems necessary to ensure that the Brownfields Property wil be suitable for the uses specified in subparagraph 12.a.above while fully protecting public health and the environment.Should groundwate-be encountered orexposed during any activity on the Brownfields Property,it:shall be managed iin accordance with the DEQ-approved EMP outlined in subparagraph 12c.,or a plan approved in writing in adva nee by DEQ. c.Physical redevelopment cf the Brownfields Poperty may not occur other than in accord,as determined by DEQ,with an Environmental Manageement Plan (“EMP”)) approved in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each subsequent redlevelopment phase)that is consistent w/ith all the other landd use restrictions and describes redevelopment activiies at the Brownfields Property,the timing of redevelopment phases,and addr esses health,safety/and environmenta I issues that may arise from use cf the Brownfields P’operty during consruction or redevelopment in any other form,including without limitation: a.No use may be made of the Brownfields Property other than for high density residertial,for-rent only townhome,office,retaiil,restaurant,breweiry or food production facility,institutional,industrial,recreation,hotel,entertainment,open space,parking,and with DEQ’s prior writteen approval,other commercial uses.For purposes ofthis restriction,the following definitions apply: n.During January of each year after the year in which the Notice referenced below in paragraph 16 is recorded!,the owner of any part of the Brownfiellds 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 Mecklenburg County,certifying that,as of said January 1st,the Notice of Bownfields Property containing these land use restrictions reemains recorded at the Mecklenburg County Register of Deeds office anc that the land use restrictions are being complied with.If the Brownfields Property is transferred,thie grantor shall subrmit a LURU (as outlined above)which covers the pelod of time the grantor owned the Brownfields Property during the calendar ye^ar of the transfer.TFhe submitted LURU shall state the following: i.the Brownfields Property addiess,and the name,mailing address,tdephone number,and contact person’s e-mail address of thie owner,or board,association or approved entity,submitting the LURJ if said owner,or each ofthe owners on whose behalf a joint LURU is submitted,acquired any part ofthe Brownfieldls Property during the previous calendar year; ii.the transferee's name,mailing address,telephon?number,and contact person’s e-mail address,if said owmer,or each of the owners on whose bethalf a joint LURU is submitted,trarsferred any part ofthe Brownfields Prcperty during the prewious calendar year-;and iii.whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 12.1.above are performing as designedl,and whether the u ses of the ground floors,including any tenant renovations,of any buildings containingsuch vapor barrier and/or mitigation sysstems have changecd,and,if so,how,a nd under which precautions so a>not to interfere wih the operation of said system. J i.“High Density Residential is defined as for-rent-only permanent dwellings where residential units are att ached to each otherr with common walls,such as apartments,group homes,dormtories or boarding bouses,and any prcperty outside the dwelling structures is usable by all reside nts and not privately/owned as part of a particular unt (e.g.,privately-owied courtyards are prohibited),and ma/include related amenities,such as pools,clubhouses,coiurtyards,common a reas,recreation areas and perking garages.Single family homes aie prohibited;towntemes,duplexes or other units with yardss are prohibited unless approved in writting by DEQ in advance. ii.“For-Rent Only Townhome”is defined as a residential unit that shall only be occupied by residents under lease and shall not be sold to individual owners for occupation or subletting.It may ?lso include relatedamenities owned ir common such as pools,clubhouses,courtyards,dog runs ,recreation areas a nd parking garages . “Office”defined as the provision of business or professional servicces. “Retail”defined as the sab of goods or services,products,or merchandise directly to the consumer or biusinesses and incluides showrooms,pe?rsonal service,and the sales of food and/or beverage products. “Restaurant"defined as acommercial business establishment that prepares and/or sierves food and/or leverages to patrons. “Entertainment”defined as private,public,ate community activities (such as,for example,festivals,theater,musical events,or shows),which miay include food and beverage service. “Hotel’defined as the pro/ision of overnight bdging to paying cistomers,and to associated food services,gym,reservation!,cleaning,utilities,parking and on-site hospitality,management and reception services. viii.“Brewery or Food Producion Facility"definec as an establishment for the manufacture,sale and/or distriibution of beverages or food products,i including without limitation beer,ale,and distilled spirits,together witi associated public roadways and related infrastructure. “Institutional”defined as tie use of land,builcings or structures for public,non-profitorquasi-public purposes,such as libraries,community centers,post-secondary education facilities,or health care facilities. x.“Industrial”defined as the assembly,fabricator processing,warehousing,or distribution of goods and materials,and can irnclude flex parks amd research and development uses. xi.“Recreation”defined as irdoor and outdoor ecercise-related,physically focused,or l?isure-related activitties,whether active or passive,and the facilities for same, including,bu:not limited to,studos,swimming pool?,sports-related courts and fields,oper space,greenways,,parks,playgrounds?,walking paths,and picnic and public gathering areas. “Open Space”defined asland maintained in a natural or landscsped state and usedfor natural resource*protection,buffers,,greenways,or detention facilities for stormwater. “Parking”defined as the temporary accommodation of motor vehicles in an area desiigned for same. “Commercial”defined as an enterprise carried on for profit or nonprofit by the owner,lessee or licensee. "a.G.ZOUTEWELLE SURVEYORS 1418 East Fifth St.Charlotte,NC 28204 Phone:704-372-9444 Fax:704-372-9555 Firm Licensure Number:C-1054 01675-001/00500186 Legal Description Caraustar and Savona Mills Brownfields Brownfields Tract #1 (S. Gardner Avenue, Chamberlain Avenue, S. Turner Avenue and State Street) BEING all that certain Brownfields Area tract including those certain parcels of land located within the City of Charlotte, Mecklenburg County, North Carolina, and fronting on South Gardner Avenue, on Chamberlain Avenue, on South Turner Avenue and on State Street, and being more particularly described as follows: BEGINNING at a new surveyor’s pk nail set (“Beginning Point”) located at the intersection of the southerly right-of-way margin of Chamberlain Avenue, as said right-of-way was widened from its original width of 40 feet as shown on that certain plat recorded in Map Book 332 Page 3 of the Mecklenburg County Registry by an additional 10 feet along its southerly margin to its current full 50 foot width as described in Deed Book 2674 Page 255 of the Mecklenburg County Registry, and the westerly right-of-way margin of South Gardner Avenue, said right-of-way having a width of 40 feet as shown on that certain plat recorded in Map Book 332 Page 3 of the Mecklenburg County Registry, said Beginning Point being located South 32-34-07 West 10.00 feet from a new surveyor’s pk nail set (“Commencement Point”) located at the intersection of the original 40 foot width as described above and the westerly right-of-way margin of the said South Gardner Avenue, said Commencement Point having North Carolina State Plane coordinates of Northing = 549,108.61 feet and Easting = 1,442,632.96 feet as based on the Epoch 2010.0000 realization of the North American Horizontal Datum of 1983, said datum having a combined factor of 0.999845632710 to convert from the ground distances called herein, and running thence from said POINT AND PLACE OF BEGINNING following along the westerly right-of-way margin of the said South Gardner Avenue as shown on the said plat recorded in Map Book 332 Page 3 of the Mecklenburg County Registry and as a portion thereof was abandoned and the resulting right-of-way terminus thereby modified as described in that certain resolution recorded in Deed Book 13486 Page 423 of the Mecklenburg County Registry the following seven (7) calls: (1) South 32-34-07 West 190.03 feet to an iron pipe found, (2) North 57-30-46 West 14.73 feet to an iron pipe found, (3) South 33-03-27 West 29.90 feet to a new surveyor’s nail set atop a magnetic reading found, (4) South 57-23-53 East 69.51 feet to an iron pipe found, (5) North 32- 07-19 East 29.96 feet to an iron pipe found along the existing building face of 401 S. Gardner Avenue, (6) North 57-42-25 West 14.44 feet to an iron pipe found and (7) North 32-33-56 East 186.11 feet to a point witnessed by an existing surveyor’s pk nail found located an additional 15.33 feet further along the projection of this last call; thence along the margin of the right-of- way described in Deed Book 5645 Page 189 of the Mecklenburg County Registry North 77-37- 08 East 21.68 feet to a point; thence along the southerly right-of-way margin of the said Chamberlain Avenue, said right-of-way having a width of 40 feet as shown on that certain plat recorded in Map Book 332 Page 3 of the Mecklenburg County Registry, the following three (3) 01675-001/00500186 calls: (1) South 57-23-31 East 179.58 feet to an existing iron pipe found, (2) South 57-02-42 East 10.02 feet to an existing iron pipe found and (3) South 57-23-15 East 179.46 feet to a point; thence along the margin of the right-of-way described in Deed Book 5645 Page 189 of the Mecklenburg County Registry South 12-22-52 East 21.92 feet to a point; thence along the westerly right-of-way margin of South Turner Avenue, said right-of-way having a width of 40 feet as shown on those certain plats recorded in Map Book 332 Page 3 and Map Book 4 Page 67 both of the Mecklenburg County Registry and as described in Deed Book 325 Page 289 of the Mecklenburg County Registry, the following six (6) calls: (1) South 32-39-15 West 34.51 feet to an existing iron pipe found, (2) South 32-36-09 West 252.61 feet to an existing iron pipe found, (3) South 24-54-42 West 47.92 feet to an existing iron pipe found, (4) South 25-21-35 West (passing an existing iron pipe at 50.10 feet) a total distance of 90.59 feet to an existing iron rebar found, (5) South 25-04-00 West 99.98 feet to an existing iron pipe found and (6) South 25-11-32 West 754.31 feet to a point in the public sidewalk; thence along the northerly right-of-way margin of State Street, said right-of-way being of variable width from 50 feet as shown on those certain plats recorded in Map Book 4 Pages 67 and 463 of the Mecklenburg County Registry, South 66-51-06 West 20.93 feet to a point; thence along the northerly right-of-way margin of the said State Street as shown on the said Map Book 4 Page 463 of the Mecklenburg County Registry South 89-31-53 West (passing an existing iron rebar found in the centerline of that certain spur track described in Deed Book 1119 Page 289 of the Mecklenburg County Registry at 11.04 feet) a total distance of 42.71 feet to a point; thence along the northeasterly right-of-way margin of CSX Transportation, Inc., (formerly P&N Railroad) North 44-09-43 West 7.18 feet to a point; thence along the following fifteen (15) new calls running upstream and offset generally northeast of Stewart Creek: (1) North 08-22-39 West 246.23 feet to a point, (2) following along the arc of a circular curve to the right having a radius of 1,855.83 feet and an arc length of 172.13 feet (chord bearing North 28-52-20 West 172.07 feet) to a point, (3) North 65-41-15 West 184.63 feet to a point, (4) following along the arc of a circular curve to the right having a radius of 135.00 feet and an arc length of 44.83 feet (chord bearing North 56-10-24 West 44.63 feet) to a point, (5) North 46-39-34 West 75.23 feet to a point, (6) following along the arc of a circular curve to the right having a radius of 90.00 feet and an arc length of 74.12 feet (chord bearing North 23-03-54 West 72.05 feet) to a point, (7) North 00-31-45 East 274.99 feet to a point, (8) North 26-55-08 East 47.47 feet to a point, (9) following along the arc of a circular curve to the left having a radius of 250.00 feet and an arc length of 108.88 feet (chord bearing North 14-26- 32 East 108.02 feet) to a point, (10) North 01-57-56 East 178.19 feet to a point, (11) following along the arc of a circular curve to the left having a radius of 180.00 feet an arc length of 85.49 feet (chord bearing North 11-38-26 West 84.69 feet) to a point, (12) North 25-14-48 West 93.39 feet to a point, (13) following along the arc of a circular curve to the right having a radius of 180.00 feet and an arc length of 76.23 feet (chord bearing North 13-06-49 West 75.67 feet) to a point, (14) North 00-58-50 West 129.42 feet to a point and (15) North 02-27-18 West 257.71 feet to a point; thence along the aforesaid right-of-way margin of the aforesaid Chamberlain Avenue as it was widened to its current 50-foot width as described in the Deed Book 2674 Page 241 of the Mecklenburg County Registry South 57-22-10 East 237.36 feet to a point; thence along the common boundary lines with Bryant W. Cutter and Nancy Cutter as described in Deed Book 23891 Pages 145 and 148 of the Mecklenburg County Registry the following three (3) calls: (1) 01675-001/00500186 South 32-37-50 West 300.00 feet to an existing iron pipe found, (2) South 57-24-49 East 169.85 feet to an existing iron pipe found and (3) North 32-34-07 East 299.54 feet to an existing iron rebar found; thence following along the aforesaid southerly right right-of-way margin of the aforesaid said Chamberlain Avenue the following two (2) calls: (1) South 57-19-14 East 240.27 feet to a new surveyor’s pk nail set and (2) South 57-31-21 East 200.00 feet to the point and place of BEGINNING, containing 22.4517 acres, more or less, as shown on a map of survey conducted by Andrew G. Zoutewelle, North Carolina Professional Land Surveyor No. L-3098, dated January 19, 2021. 01675-001/00500186 Legal Description Caraustar and Savona Mills Brownfields Brownfields Tract #2 (Chamberlain Avenue and S. Gardner Avenue) BEING all that certain Brownfields Area tract or parcel of land located within the City of Charlotte, Mecklenburg County, North Carolina, and fronting on Chamberlain Avenue and on South Gardner Avenue, and being more particularly described as follows: BEGINNING at an existing iron pipe found (“Beginning Point”) located at the intersection of the westerly right-of-way margin of South Gardner Avenue, said right-of-way having a width of 40 feet as shown on that certain plat recorded in Map Book 332 Page 3 of the Mecklenburg County Registry, and the northerly right-of-way margin of Chamberlain Avenue, said right-of-way having an original old width of 40 feet as shown on the said plat recorded in Map Book 332 Page 3 of the Mecklenburg County Registry which said original old width has been widened by 10 feet along the southerly side thereof to a current full width of 50 feet by document recorded in Deed Book 2674 Page 255 of the Mecklenburg County Registry, said Beginning Point being located North 32-23-24 East 39.04 feet from a new surveyor’s pk nail set (“Commencement Point”) located at the intersection of the westerly right-of-way of the said South Gardner Avenue and the southerly original old right-of-way margin of the said Chamberlain Avenue, said Commencement Point having North Carolina State Plane coordinates of Northing = 549,108.61 feet and Easting = 1,442,632.96 feet as based on the Epoch 2010.0000 realization of the North American Horizontal Datum of 1983, said datum having a combined factor of 0.999845632710 to convert from the ground distances called herein, and running thence from said POINT AND PLACE OF BEGINNING along the northerly right-of-way margin of the said Chamberlain Avenue North 57-18-14 West 839.83 feet to an existing iron rebar found; thence along the easterly right-of-way margin of Stewart Avenue, said right-of-way having a width of 40 feet as shown on that certain plat recorded in Map Book 332 Page 3 of the Mecklenburg County Registry, North 32-44-23 East 100.00 feet to an existing iron rebar found; thence along the common lot line between Lots 14 and 15 in Block 6 and continuing across a 10-foot alley all as shown on the said plat recorded in Map Book 332 Page 3 of the Mecklenburg County Registry South 57-22-10 East 204.81 feet to a new iron rebar set; thence along the margin of the said 10- foot alley the following five (5) calls: (1) North 32-37-51 East 90.00 feet to an existing iron rebar found, (2) North 77-37-51 East 14.14 feet to an existing iron rebar found, (3) South 57-22-09 East 410.00 feet to an existing iron pipe found, (4) South 12-22-09 East 14.14 feet to an existing iron pipe found and (5) South 32-37-51 West 140.43 feet to an existing iron pipe found; thence along the common line between Lots 9 and 10 in Block 5 as shown on the said plat recorded in Map Book 332 Page 3 of the Mecklenburg County Registry and the projection thereof across the said alley South 57-13-21 East 205.06 feet to an existing surveyor’s notch in concrete; thence along the westerly right-of-way margin of the aforesaid South Gardner Street South 32-53-19 West 50.00 feet to the point and place of BEGINNING, containing 2.6835 acres, more or less, as 01675-001/00500186 shown on a map of survey conducted by Andrew G. Zoutewelle, North Carolina Professional Land Surveyor No. L-3098, dated January 19, 2021.