22048-18-032_Venable Tobacco_Full Public Comment Package_220231121

NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY
Brownfields Property Name: Venable Tobacco
Brownfields Project Number: 22048-18-032
North Carolina's Brownfields Property Reuse Act (the "Act"), North Carolina General Statutes ("NCGS")
§ 130A-310.30 through 130A-310.40, provides for the safe redevelopment of abandoned, idled, or underused
properties at which expansion or redevelopment is hindered by actual or potential environmental contamination.
One of the Act's requirements is the submittal of this Notice of Intent to Redevelop a Brownfields Property ("NI")
that has been approved by the North Carolina Department of Environmental Quality ("DEQ") for public notification
purposes as per NCGS § 130A-310.34(a). The NI shall provide, to the extent known, a legal description of the location
of the Brownfields Property, a map showing the location of the Brownfields Property, a description of the
contaminants involved and their concentrations in the media of the Brownfields Property, a description of the
intended future use of the Brownfields Property, any proposed investigation and remediation, and a proposed Notice
of Brownfields Property ("NBP") prepared in accordance with NCGS § 130A-310.35. The proposed NBP for a
particular brownfields project is attached hereto. The proposed NBP includes the proposed Brownfields Agreement,
which is attached as Exhibit A, and the other required elements of this NI. A Summary of this Notice of Intent
("SNI") shall include a statement as to the public availability of the full NL The party ("Prospective Developer")
who desires to enter into a Brownfields Agreement with DEQ must provide a full copy of this NI to all local
governments having jurisdiction over the Brownfields Property.
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as
the day after which all of the following public notice tasks have occurred: the date the required SNI is: (1) published
in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2) conspicuously
posted at the Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written public comments may be submitted to DEQ within 30 days after the public comment
period begins. Written requests for a public meeting may be submitted to DEQ within 21 days after the public
comment period begins. These periods will start no sooner than November 22, 2023, and will end no sooner than the
later of: 1) 30 and 21 days, respectively, after that; or 2) 30 and 21 days, respectively, after completion of the latest
of the three (3) above -referenced tasks, if such completion occurs later than the date stated herein. All comments
and meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Redevelopment Section Chief
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
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Property Owner: Venable Historic LLC and Venable Office LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: Venable Tobacco
Brownfields Project Number: 22048-18-032
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 20 by
Venable Historic LLC and Venable Office LLC ("Prospective Developer").
This Notice concerns contaminated property.
A copy of this Notice certified by the North Carolina Department of Environmental
Quality ("DEQ") is required to be filed in the Register of Deeds' Office in the county or
counties in which the land is located, pursuant to North Carolina General Statutes
("NCGS"), § 130A-310.35(b).
This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate
the danger to public health or the environment posed by environmental contamination at a
property ("Brownfields Property") being addressed under the Brownfields Property Reuse
Act of 1997, NCGS § 130A, Article 9, Part 5 ("Act").
Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified
copy of this Notice within 15 days of Prospective Developer's receipt of DEQ's approval of
the Notice or Prospective Developer's entry into the Brownfields Agreement required by the
Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the
grantor index under the names of the owners of the land and, if Prospective Developer is not
the owner, also under the Prospective Developer's name.
The Brownfields Property is located at 302 and 380 East Pettigrew Street, Durham,
Durham County, North Carolina 27701. Venable Tobacco was previously developed with single
family homes; tobacco drying, prizery and warehouse buildings; a lounge; machine shop; coopers
shop; foundry building; movie theater and gasoline filling station. Some buildings were
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constructed in the late 1800s and others in the early 1900s. Some building constructed in the 1900s
displaced some previously existing structures. The historic buildings that currently remain, all of
which were associated with the Venable Tabacco Company, are used for office space and
laboratory research purposes. A new building in the final phases of construction is present on the
property. The Prospective Developer has committed to redeveloping the property for no use other
than office, research and development laboratory, recreation, parking, retail, post -secondary
education, light industrial, and subject to DEQ's prior written approval, other commercial uses.
The Brownfields Agreement between Prospective Developer and DEQ is attached
hereto as Exhibit A. It is required by NCGS § 130A-310.32 and sets forth the use that may
be made of the Brownfields Property and the measures to be taken to protect public health
and the environment. The Brownfields Agreement's Exhibit 2 consists of one or more data
tables reflecting the concentrations of and other information regarding the Brownfields
Property's regulated substances and contaminants.
Attached as Exhibit B to this Notice is a reduction, to 8.5 inches x 11 inches, of the survey
plat component of this Notice. This plat shows areas designated by DEQ, has been prepared and
certified by a professional land surveyor, meets the requirements of NCGS § 47-30, and complies
with NCGS § 130A-310.35(a)'s requirement that the Notice identify:
(1) The location and dimensions of the areas of potential environmental concern with
respect to permanently surveyed benchmarks.
(2) The type, location and quantity of regulated substances and contaminants known to
exist on the Brownfields Property.
Attached hereto as Exhibit C is a legal description of the Brownfields Property that would
be sufficient as a description of the property in an instrument of conveyance.
LAND USE RESTRICTIONS
NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the
current and future use of the Brownfields Property that are necessary or useful to maintain the
level of protection appropriate for the designated current or future use of the Brownfields Property
and that are designated in the Brownfields Agreement. The restrictions shall remain in force in
perpetuity unless canceled by the Secretary of DEQ (or its successor in function), or his/her
designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e). All
references to DEQ shall be understood to include any successor in function.
The land use restrictions below have been excerpted verbatim from paragraph 13 of
the Brownfields Agreement, and all subparagraph letters/numbers are the same as those
used in the Brownfields Agreement. The following land use restrictions are hereby imposed
on the Brownfields Property:
Land Uses
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a. No use may be made of the Brownfields Property other than for office,
research and development laboratory, recreation, parking, retail, post -secondary education, light
industrial, and subject to DEQ's prior written approval, other commercial uses. As stated in
subparagraph 13.c. below, residential use is prohibited, but may be reconsidered and authorized
under DEQ written approval after DEQ's site -specific review of owner -proposed plans and the
then -current conditions of the Brownfields Property. The then current conditions of the property
shall be established by completing sampling in accordance with a DEQ Brownfields approved
work plan. Review of said work plan, report, and DEQ determination of residential suitability
shall incur a fee of not less than $10,000 regardless of the final determination. These land uses
and their definitions below apply solely for purposes of this agreement, and do not waive any
local zoning, rule, regulation, or permit requirements:
"Office" is defined as a place where business or professional
services are provided.
ii. "Research and development laboratory" is defined as a facility that
carries out basic and applied research work for commercial and/or educational purposes or to
support particular processes or product lines for manufacturing and marketing purposes.
iii. "Recreation" is defined as indoor and outdoor exercise -related,
physically focused, or leisure -related activities, whether active or passive, and the facilities for
same, including, but not limited to, studios, swimming or wading pools, splash pads, clubhouses,
sports -related courts and fields, open space, greenways, parks, playgrounds, walking paths,
picnic and public gathering areas, campgrounds, boat docks, and marinas.
iv. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same.
V. "Retail" is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
farmer's markets, food festivals, and the sales of food and beverage products, including from
mobile establishments such as food trucks.
vi. "Post -Secondary Education" is defined as a privately -owned or
publicly -owned university, college, junior college, vocational school, or community college that
provides education beyond the high school level.
vii. "Light Industrial" is defined as the assembly, fabrication,
processing, warehousing, or distribution of goods and materials.
viii. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
Specific Prohibitions
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b. The Brownfields Property may not be used for childcare centers, adult care
centers, or primary or secondary schools without the prior written approval of DEQ.
c. The Brownfields Property may not be used for residential use without the prior
written approval of DEQ.
Environmental Management Plan
d. Physical redevelopment of the Brownfields Property may not occur other than
in accordance, as determined by DEQ, with an Environmental Management Plan ("EMP")
approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators, soil
contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment.
Redevelopment Summary Report
e. No later than January 31 of each calendar year following the effective date of
this Agreement for as long as physical redevelopment of the Brownfields Property continues
(except that the final deadline shall fall 90 days after the conclusion of physical redevelopment),
the then owner of the Brownfields Property shall provide DEQ a report on environment -related
activities since the last report, with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with Section
VI: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
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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
f. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 13.a
above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 13.d, or a plan approved in
writing in advance by DEQ.
Soil
g. No activity that disturbs soil on the Brownfields Property may occur unless and
until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 13.a. above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined in subparagraph 13.d.
Vapor Intrusion
h. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 17 below, may be occupied until DEQ determines in writing
that:
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i. the building is or would be protective of the building's users and public
health from the risk of vapor intrusion based on site assessment data, or a site -specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors
into building features in accordance with the most recent and applicable DWM Vapor Intrusion
Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American
National Standards Institute (ANSI)/American Association of Radon Scientists and
Technologists (AARST) standards, and that a professional engineer licensed in North Carolina,
as evidenced by said engineer's professional seal, is satisfied that the design is fully protective of
public health, and shall include a performance monitoring plan detailing methodologies and
schedule, both of which are subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as -built diagrams, photographs, and a description of the installation, with
said engineer's professional seal confirming that the engineer is satisfied that the system was
installed per the DEQ approved design. If any deviations from the system design were necessary
during installation, then the report shall include details on said deviations, as well as the
engineer's seal certifying the VIMS, as installed, was installed in such a manner so as to be fully
protective of public health.
Property Access
i. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
Damage to Wells
j. 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.
Notification Upon Transfer
k. 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
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attached as Exhibit A to the Notice of Brownfields Property recorded in the Durham County land
records, Book , Page ." A copy of any such
instrument shall be sent to the persons listed in Section XVII (Notices and Submissions), though
financial figures and other confidential information related to the conveyance may be redacted to
the extent said redactions comply with the confidentiality and trade secret provisions of the
North Carolina Public Records Law. The owner conveying a leasehold interest may use the
following mechanisms to comply with the obligations of this paragraph: (i) If every lease or
rider is identical in form, the owner conveying an interest may provide DEQ with a copy of a
form lease or rider evidencing compliance with this subparagraph, in lieu of sending copies of
actual, executed leases, to the persons listed in Section XVII (Notices and Submissions); or (ii)
The owner conveying an interest may provide abstracts of leases, rather than full copies of said
leases, to the persons listed in Section XVII.
Separating Old from New Contamination
1. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement, and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on -board tanks integral to said equipment or in flammable
liquid storage containers totaling no more than 25 gallons;
iii. as fuel or other fluids customarily used in vehicles, landscaping
equipment and emergency generators;
iv. as 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 their original packaging or containers; and
v. as constituents of products and materials customarily used and stored in
office, research and development laboratory, recreation, parking, retail, post -secondary
education, light industrial, 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.
Land Use Restriction Update
in. During January of each year after the year in which the Notice referenced
below in paragraph 17 is recorded, the owner of any part of the Brownfields Property as of
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January I st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of Durham County, certifying
that, as of said January 1 st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Durham County Register of Deeds office and that the land
use restrictions are being complied with. If the property is transferred, the grantor shall submit a
LURU (as outlined above) which covers the period of time 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;
iii. whether any vapor barrier and/or mitigation systems installed pursuant to
subparagraph OR above are performing as designed, and whether the uses of the ground floors,
including any tenant renovations, of any buildings containing such vapor barrier and/or
mitigation systems have changed, and, if so, how, and under which precautions so as not to
interfere with the operation of said system;
iv. A joint LURU may be submitted for multiple owners by a duly constituted
board or association and shall include the Brownfields Property address, and the name, mailing
address, telephone number, and contact person's e-mail address of the entity submitting the joint
LURU as well as for each of the owners on whose behalf the joint LURU is submitted; and
v. A LURU submitted for rental units shall include enough of each lease (or rider or abstract)
entered into during the previous calendar year to demonstrate compliance with lessee notification
requirements in subparagraphs 18 and 19 of this Agreement.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be
the DEQ Brownfields Property Management Branch referenced in subparagraph 32.a. of
Exhibit A hereto, at the address stated therein.
ENFORCEMENT
The above land use restrictions shall be enforceable without regard to lack of privity of
estate or contract, lack of benefit to particular land, or lack of any property interest in particular
land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The
land use restrictions may also be enforced by DEQ through the remedies provided in NCGS §
130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having
jurisdiction over any part of the Brownfields Property; and by any person eligible for liability
protection under the Brownfields Property Reuse Act who will lose liability protection if the
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restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the
Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement
by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of
the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the
same violation or as to one occurring prior or subsequent thereto.
FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Brownfields Property is sold, leased, conveyed or transferred,
pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the
description section, in no smaller type than that used in the body of the deed or instrument, a
statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a
Brownfields Property under the Brownfields Property Reuse Act.
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IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this day of , 20
Venable Historic LLC
By:
Bryan Kane
Authorized Signatory
Venable Office LLC
Bryan Kane
Authorized Signatory
NORTH CAROLINA
COUNTY
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Date:
(Official Seal)
Official Signature of Notary
Notary's printed or typed name, Notary Public
My commission expires:
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************************************
APPROVAL AND CERTIFICATION OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
The foregoing Notice of Brownfields Property is hereby approved and certified.
North Carolina Department of Environmental Quality
Bruce Nicholson, Chief Date
Brownfields Redevelopment Section
Division of Waste Management
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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: VENABLE HISTORIC LLC and VENABLE OFFICE LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Venable Tobacco
OF 1997, NCGS § 130A-310.30, et SeMc . ) 302 & 380 East Pettigrew Street
Brownfields Project No. 22048-18-032 ) Durham, Durham County
L INTRODUCTION
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ"),Venable Historic LLC and Venable Office LLC
(collectively the "Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS §
130A-310.30, et sue. (the "Act") for the property located at 302 and 380 East Pettigrew Street,
Durham, North Carolina 27701 (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 co -Prospective Developers are Venable Historic LLC and Venable Office LLC.
Venable Historic LLC and Venable Office LLC are each member -managed limited liability
companies headquartered at 2020 Progress Court, Suite 130B, Raleigh, NC 27608. The
Authorized Signatory of each is Bryan Kane, of the same address.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section X (Certification), Section XI (DEQ's Covenant Not to Sue and
Reservation of Rights) and Section XII (Prospective Developer's Covenant Not to Sue), the
22048-18-032/venable Tobacco Company/20231117

potential liability of Venable Historic LLC and Venable Office LLC for contaminants at the
Brownfields Property.
The Parties agree that Venable Historic LLC and Venable Office LLC's entry into this
Agreement, and the actions undertaken by Venable Historic LLC and Venable Office LLC in
accordance with the Agreement, do not constitute an admission of any liability by Venable
Historic LLC and Venable Office LLC for contaminants at the Brownfields Property.
Venable Historic LLC and Venable Owner LLC hereby acknowledge that they will be
joint 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,
Prospective Developer as defined in paragraph 2 below, pursuant to this Agreement.
The resolution of this potential liability, in exchange for the benefit Venable Historic
LLC and Venable Office 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 Venable Historic LLC and Venable Office 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
2
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that presents data table(s) of the contaminants present at the Brownfields Property at
concentrations above their applicable standards or screening levels for each media sampled.
BROWNFIELDS PROPERTY INFORMATION SUMMARY
Parcel Address(es) & Parcel
302 E. Pettigrew Street, PIN 0821-95-78-8730
IDs
380 E. Pettigrew Street, PIN 0821-95-98-4672 (Also
associated with this PIN is 308 E. Pettigrew Street
Acreage
3.34 acres
Current Property Owner
Venable Historic LLC (PIN 0821-95-78-8730) & Venable
Office LLC PIN 0821-95-98-4672
Current Land Uses
Office and laboratory
Site Vicinity Land Uses
Commercial, office, multi -family residential, and parking.
Office, research and development laboratory, recreation,
Proposed Reuse(s)
parking, retail, post -secondary education, light industrial, and
subject to DEQ's prior written approval, other commercial
uses
Temporary construction jobs; additional office, research and
development laboratory, recreation, parking, retail, post-
secondary education, light industrial, and subject to DEQ's
Public Benefits of Reuse
prior written approval, other commercial space; increased tax
base; preservation of on -site historic buildings; avoidance of
the development of "greenfields"; and an increase in the
number of permanent jobs.
Existing Land Use
Restrictions Prior to
None
Brownfields Agreement
ENVIRONMENTAL INFORMATION SUMMARY
Single family residential properties; historic tobacco prizery,
Historical Operations &
drying, and warehouse operations; a lounge; machine shop
Contaminant Sources
and foundry; movie theater; cooper's shop; and a gasoline
filing station.
Current Operations/Activities
Office and research and development laboratory
Soil: Soil on the Brownfields Property contains metals and
polynuclear aromatic hydrocarbon (PAH) compounds that
exceed the current Preliminary Industrial Health - Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of
Contaminated Media
DEQ's Superfund Section.
Groundwater: Groundwater on the Brownfields Property
contains lead and manganese that exceeds its current North
Carolina 2L Groundwater Standard. Ethanol was also
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ENVIRONMENTAL INFORMATION SUMMARY
detected but does not have an established standard.
Exterior Soil Gas: Exterior soil gas on the Brownfields
Property contains volatile organic compounds (VOCs) that
exceed their respective Non -Residential Vapor Intrusion
Screening Levels of the Division of Waste Management, or
for which there are no established screening levels.
Indoor Air: Crawlspace air contains VOCs that exceed their
respective Non -Residential Vapor Intrusion Screening Levels
of the Division of Waste Management., or for which there are
no established screening levels.
ID Numbers/Permits
NC DEQ UST State Lead Incident #22363
Onsite Receptors Considered
Construction workers, on -site workers, visitors, and
trespassers.
i. Water supply wells: None known
Potential Offsite Receptors
ii. Commercial and residential structures, churches, or
Considered
childcare centers: None known
iii. Surface water: None
Potential offsite migration
Groundwater: No identified off -site migration
pathways
Soil Vapor: No identified off -site migration
4. Environmental reports regarding the Brownfields Property, referred to hereinafter as
the "Environmental Reports," include:
a. Those that the Prospective Developer obtained or commissioned regarding the
Brownfields Property:
Title
Prepared by
Date of Report
Supplemental Soil Gas Assessment —
Mid -Atlantic Associates,
April 29, 2020
Venable Tobacco Company
Inc.
Crawl Space and Soil Gas Assessment
Mid -Atlantic Associates,
September 13, 2019
Report — Venable Tobacco Company
Inc.
Phase I Environmental Site Assessment
Mid -Atlantic Associates,
June 29, 2018
Report
Inc.
In
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Title
Prepared by
Date of Report
Soil Sampling Report — West Property
TerraQuest Environmental
Consultants, P.C.
February 11, 2010
Limited Site Assessment Report (Phase
TerraQuest Environmental
September 15, 2009
I) — West Property
Consultants, P.C.
Phase II Soil & Groundwater Assessment
TerraQuest Environmental
— John T. Kerr, II Property (West
Consultants, P.C.
June 26, 2007
Property)
b. Other applicable off -site reports:
Title
Prepared by
Date of Report
Report of Additional Soil and Groundwater
ECS Carolinas, LLP
March 23, 2015
Assessment - Hendrick Auto Mall
Limited Phase II Environmental Site
Mid -Atlantic
Assessment Report Parcel 2 — Durham
Associates, Inc.
November 6, 2014
Gateway Center
Phase II Environmental Site Assessment —
ECS Carolinas, LLP
February 28, 2014
409 Roxboro St. Durham, NC
Semi -Annual Monitoring Report - Durham
ATEC Associates, Inc.
April 30, 1996
Housing Authority
Westinghouse
Phase II Site Assessment - Durham Detention
Environmental and
May 1991
Center
Geotechnical Services,
Inc.
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IV. PROSPECTIVE DEVELOPER'S INVOLVEMENT
5. For purposes of this Agreement DEQ relies on the Prospective Developer's
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports and the following:
a. On July 20, 2018, VC Owner, LLC purchased the Brownfields Property;
b. On July 19, 2018, VC Owner, LLC prepared and submitted to DEQ a
Brownfields Property Application (BPA);
c. In October 2019, VC Owner, LLC, in accordance with the Environmental
Management Plan (EMP) required pursuant to subparagraph 13.d. below and approved by DEQ
on October 8, 2019, removed the existing parking lot, graded the exposed surface, and began
construction of an office building on Parcel No. 0821-95-98-4672 with the address 380 E.
Pettigrew Street;
d. On July 7, 2020, Venable Historic LLC purchased the parcel with the address
302 E. Pettigrew and Venable Office LLC purchased the parcel with address 380 E. Pettigrew;
e. In November 2021, Venable Office LLC completed the shell of the building at
380 E. Pettigrew Street and commenced interior upfit activities; and
f. On December 7, 2022 VC Owner LLC submitted to DEQ a request to amend
the BPA to replace VC Owner, LLC with Venable Historic LLC and Venable Office LLC as co -
Prospective Developers, which DEQ approved on February 21, 2023.
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:
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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.
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V. BENEFIT TO COMMUNITY
8. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. an increase in the Brownfields Property's productivity;
b. a spur to additional community investment and redevelopment;
c. the creation of approximately 200 temporary construction jobs and
approximately 750 permanent jobs;
d. an increase in tax revenue for affected jurisdictions;
e. additional office, research and development laboratory, recreation, parking,
retail, post -secondary education, light industrial, and subject to DEQ's prior written approval,
other commercial space for the area;
f. "smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe ("greenfields"); and
g. Preservation of on -site historical buildings.
VI. WORK TO BE PERFORMED
9. The guidelines within which the desired results under this Agreement are to be
accomplished, including parameters, principles and policies as to field procedures, laboratory
testing, Brownfields Redevelopment Section requirements, and remedial or mitigation measures,
are (each as embodied in its most current version):
Section;
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund
b. the Division of Waste Management Vapor Intrusion Guidance;
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c. the Brownfields Redevelopment Section Assessment Work Plan Checklist; and
d. the Brownfields Survey Plat Checklist.
10. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) credit categories incorporated into the U.S. Green Building Council
Leadership in Energy and Environmental Design (LEED) certification program (Integrative
Process, Location and Transportation, Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Innovation, and Regional
Priority), or a similar program.
11. Based on the information in the Environmental Reports, other available information,
and subject to imposition of and compliance with the land use restrictions set forth below, and
subject to Section XI of this Agreement (DEQ's Covenant Not to Sue and Reservation of
Rights), DEQ is not requiring Prospective Developer to perform any active remediation at the
Brownfields Property other than remediation that may be required pursuant to a DEQ-approved
Environmental Management Plan (EMP) as specified in subparagraph 13.d. below.
12. Based on the type and concentrations of impacts to indoor air, exterior soil gas, soil,
and groundwater detected during assessment activities as outlined in paragraphs 3 and 4 above,
the Prospective Developer has met the requirements of subparagraph 13.h.i. below, and as
indicated in a Vapor Mitigation Compliance Review letter (DEQ, September 20, 2021) to the
Prospective Developer, vapor mitigation is not required and there are no restrictions to building
occupancy for non-residential purposes with respect to the existing buildings and newly
constructed building at the Brownfields Property.
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VII. LAND USE RESTRICTIONS
13. By way of the Notice of Brownfields Property referenced below in paragraph 17,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.
Land Uses
a. No use may be made of the Brownfields Property other than for office,
research and development laboratory, recreation, parking, retail, post -secondary education, light
industrial, and subject to DEQ's prior written approval, other commercial uses. As stated in
subparagraph 13.c. below, residential use is prohibited, but may be reconsidered and authorized
under DEQ written approval after DEQ's site -specific review of owner -proposed plans and the
then -current conditions of the Brownfields Property. The then current conditions of the property
shall be established by completing sampling in accordance with a DEQ Brownfields approved
work plan. Review of said work plan, report, and DEQ determination of residential suitability
shall incur a fee of not less than $10,000 regardless of the final determination. These land uses
and their definitions below apply solely for purposes of this agreement, and do not waive any
local zoning, rule, regulation, or permit requirements:
services are provided.
"Office" is defined as a place where business or professional
ii. "Research and development laboratory" is defined as a facility that
carries out basic and applied research work for commercial and/or educational purposes or to
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support particular processes or product lines for manufacturing and marketing purposes.
iii. "Recreation" is defined as indoor and outdoor exercise -related,
physically focused, or leisure -related activities, whether active or passive, and the facilities for
same, including, but not limited to, studios, swimming or wading pools, splash pads, clubhouses,
sports -related courts and fields, open space, greenways, parks, playgrounds, walking paths,
picnic and public gathering areas, campgrounds, boat docks, and marinas.
iv. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same.
V. "Retail" is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
farmer's markets, food festivals, and the sales of food and beverage products, including from
mobile establishments such as food trucks.
vi. "Post -Secondary Education" is defined as a privately -owned or
publicly -owned university, college, junior college, vocational school, or community college that
provides education beyond the high school level.
vii. "Light Industrial" is defined as the assembly, fabrication,
processing, warehousing, or distribution of goods and materials.
viii. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
Specific Prohibitions
b. The Brownfields Property may not be used for childcare centers, adult care
centers, or primary or secondary schools without the prior written approval of DEQ.
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c. The Brownfields Property may not be used for residential use without the prior written
approval of DEQ.
Environmental Management Plan
d. Physical redevelopment of the Brownfields Property may not occur other than
in accordance, as determined by DEQ, with an Environmental Management Plan ("EMP")
approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
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.
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Redevelopment Summary Report
e. No later than January 31 of each calendar year following the effective date of
this Agreement for as long as physical redevelopment of the Brownfields Property continues
(except that the final deadline shall fall 90 days after the conclusion of physical redevelopment),
the then owner of the Brownfields Property shall provide DEQ a report on environment -related
activities since the last report, with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with Section
VI: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater, or other materials
suspected or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water, or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
Groundwater
f. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 13.a
above while fully protecting public health and the environment. Should groundwater be
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encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 13.d, or a plan approved in
writing in advance by DEQ.
Soil
g. No activity that disturbs soil on the Brownfields Property may occur unless and
until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 13.a. above while fully protecting public
health and the environment, except:
inches;
i. in connection with landscape planting to depths not exceeding 24
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined in subparagraph 13.d.
Vapor Intrusion
h. 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
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Property referenced in paragraph 17 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building's users and public
health from the risk of vapor intrusion based on site assessment data, or a site -specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors
into building features in accordance with the most recent and applicable DWM Vapor Intrusion
Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American
National Standards Institute (ANSI)/American Association of Radon Scientists and
Technologists (AARST) standards, and that a professional engineer licensed in North Carolina,
as evidenced by said engineer's professional seal, is satisfied that the design is fully protective of
public health, and shall include a performance monitoring plan detailing methodologies and
schedule, both of which are subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as -built diagrams, photographs, and a description of the installation, with
said engineer's professional seal confirming that the engineer is satisfied that the system was
installed per the DEQ approved design. If any deviations from the system design were necessary
during installation, then the report shall include details on said deviations, as well as the
engineer's seal certifying the VIMS, as installed, was installed in such a manner so as to be fully
protective of public health.
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Property Access
i. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
Damage to Wells
j. 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.
Notification Upon Transfer
k. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: "This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Durham County land
records, Book , Page
" A copy of any such
instrument shall be sent to the persons listed in Section XVII (Notices and Submissions), though
financial figures and other confidential information related to the conveyance may be redacted to
the extent said redactions comply with the confidentiality and trade secret provisions of the
North Carolina Public Records Law. The owner conveying a leasehold interest may use the
following mechanisms to comply with the obligations of this paragraph: (i) If every lease or
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rider is identical in form, the owner conveying an interest may provide DEQ with a copy of a
form lease or rider evidencing compliance with this subparagraph, in lieu of sending copies of
actual, executed leases, to the persons listed in Section XVII (Notices and Submissions); or (ii)
The owner conveying an interest may provide abstracts of leases, rather than full copies of said
leases, to the persons listed in Section XVII.
Separating Old from New Contamination
1. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement, and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on -board tanks integral to said equipment or in flammable
liquid storage containers totaling no more than 25 gallons;
iii. as fuel or other fluids customarily used in vehicles, landscaping
equipment and emergency generators;
iv. as 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 their original packaging or containers; and
v. as constituents of products and materials customarily used and stored in
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office, research and development laboratory, recreation, parking, retail, post -secondary
education, light industrial, 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.
Land Use Restriction Update
m. During January of each year after the year in which the Notice referenced
below in paragraph 17 is recorded, the owner of any part of the Brownfields Property as of
January 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of Durham County, certifying
that, as of said January 1 st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Durham County Register of Deeds office and that the land
use restrictions are being complied with. If the property is transferred, the grantor shall submit a
LURU (as outlined above) which covers the period of time 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;
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iii. whether any vapor barrier and/or mitigation systems installed pursuant to
subparagraph 13.h. above are performing as designed, and whether the uses of the ground floors,
including any tenant renovations, of any buildings containing such vapor barrier and/or
mitigation systems have changed, and, if so, how, and under which precautions so as not to
interfere with the operation of said system;
iv. A joint LURU may be submitted for multiple owners by a duly constituted
board or association and shall include the Brownfields Property address, and the name, mailing
address, telephone number, and contact person's e-mail address of the entity submitting the joint
LURU as well as for each of the owners on whose behalf the joint LURU is submitted; and
v. A LURU submitted for rental units shall include enough of each lease (or rider
or abstract) entered into during the previous calendar year to demonstrate compliance with lessee
notification requirements in subparagraphs 18 and 19 of this Agreement.
14. The desired result of the above -referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in this Agreement while fully protecting
public health and the environment.
15. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VIII. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
16. In addition to providing access to the Brownfields Property pursuant to subparagraph
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13.i. above, while the Prospective Developer owns the Brownfields Property, Prospective
Developer shall provide DEQ, its authorized officers, employees, representatives, and all other
persons performing response actions under DEQ oversight, access at all reasonable times to other
property controlled by Prospective Developer in connection with the performance or oversight of
any response actions at the Brownfields Property under applicable law. Such access is to occur
after prior notice and using reasonable efforts to minimize interference with authorized uses of
such other property except in response to emergencies and/or imminent threats to public health
and the environment. While Prospective Developer owns the Brownfields Property, DEQ shall
provide reasonable notice to Prospective Developer of the timing of any response actions to be
undertaken by or under the oversight of DEQ at the Brownfields Property. Except as may be set
forth in the Agreement, DEQ retains all of its authorities and rights, including enforcement
authorities related thereto, under the Act and any other applicable statute or regulation, including
any amendments thereto.
IT DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property ("Notice") for the Brownfields Property containing, inter alia, the land use restrictions
set forth in Section VII (Land Use Restrictions) of this Agreement and a survey plat of the
Brownfields Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date
of this Agreement, Prospective Developer shall file the Notice in the Durham County, North
Carolina, Register of Deeds' Office. Within three (3) days thereafter, Prospective Developer
shall furnish DEQ a copy of the documentary component of the Notice containing a certification
by the register of deeds as to the Book and Page numbers where both the documentary and plat
components of the Notice are recorded, and a copy of the plat with notations indicating its
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recordation.
18. This Agreement shall be attached as Exhibit A to the Notice. Subsequent to
recordation of said Notice, any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: "This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Durham
County land records, Book , Page " A
copy of any such instrument shall be sent to the persons listed in Section XVII (Notices and
Submissions), though financial figures and other confidential information related to the
conveyance may be redacted to the extent said redactions comply with the confidentiality and
trade secret provisions of the North Carolina Public Records Law. Prospective Developer may
use the following mechanisms to comply with the obligations of this paragraph for leasehold
interests: (i) If every lease or rider is identical in form, Prospective Developer may provide DEQ
with a copy of a form lease or rider evidencing compliance with this paragraph, in lieu of
sending copies of actual, executed leases, to the persons listed in Section XVII (Notices and
Submissions); or (ii) Prospective Developer may provide abstracts of leases, rather than full
copies of said leases, to the persons listed in Section XVII.
19. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
IX. DUE CARE/COOPERATION
20. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
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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 3 La. below of any such required notification.
X. CERTIFICATION
21. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than those which are
provided in subparagraph 13.a. of this Agreement. Prospective Developer also certifies that to
the best of its knowledge and belief it has fully and accurately disclosed to DEQ all information
known to Prospective Developer and all information in the possession or control of its officers,
directors, employees, contractors and agents which relates in any way to any past 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. DEO'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
22. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
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and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
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,
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further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
23. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
24. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et SeMc .
25. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 22 through 24 above, apply to all persons listed in NCGS
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§ 130A-310.33, including future owners of the Brownfields Property, to the same extent as
Prospective Developer, so long as these persons are not otherwise potentially responsible parties
or parents, subsidiaries, or affiliates of potentially responsible parties.
XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
26. In consideration of DEQ's Covenant Not To Sue in Section XI of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above -referenced Notice of Brownfields Property.
XIII. PARTIES BOUND
27. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party's signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XIV. DISCLAIMER
28. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer's duty to seek applicable permits or of the provisions of NCGS
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22048-18-032Nenable Tobacco Company/20231117

§ 130A-310.37.
29. Except for the land use restrictions set forth in paragraph 13 above and NCGS §
130A-310.33(a)(l)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XV. DOCUMENT RETENTION
30. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
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
26
22048-18-032/venable Tobacco Company/20231117

disclosure of such documents as confidential business information.
XVI. PAYMENT OF ENFORCEMENT COSTS
31. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section VI (Work to be Performed) and Section
VII (Land Use Restrictions), it shall be liable for all litigation and other enforcement costs
incurred by DEQ to enforce this Agreement or otherwise obtain compliance.
XVII. NOTICES AND SUBMISSIONS
32. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information or delivery method, all notices and submissions pursuant to this
Agreement shall be sent by prepaid first-class U.S. mail or courier service, as follows:
a. for DEQ:
Brownfields Property Management Unit (or successor in function)
N.C. Division of Waste Management
Brownfields Redevelopment Section
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for co -Prospective Developers:
Venable Historic LLC
Bryan Kane
2020 Progress Court, Suite 130B
Raleigh, NC 27608
[e-mail]
Venable Office LLC
Bryan Kane
2020 Progress Court, Suite 130B
Raleigh, NC 27608
[e-mail]
27
22048-18-032Nenable Tobacco Company/20231117

Notices and submissions sent by prepaid first-class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVIII. EFFECTIVE DATE
33. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ's approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in NCGS § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and to invalidate its signature on this Agreement.
XIX. TERMINATION OF CERTAIN PROVISIONS
34. If any Party believes that any or all of the obligations under Section VIII
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XX. CONTRIBUTION PROTECTION
35. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
28
22048-18-032Nenable Tobacco Company/20231117

claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
36. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
37. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XXI. PUBLIC COMMENT
38. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.
29
22048-18-032Nenable Tobacco Company/20231117

IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Bruce I. Nicholson Date
Chief, Brownfields Redevelopment Section
IT IS SO AGREED:
Venable Historic LLC
By:
Bryan Kane
Authorized Signatory
IT IS SO AGREED:
Venable Office LLC
By:
Bryan Kane
Authorized Signatory
30
22048-18-032Nenable Tobacco Company/20231117
Date
Date

SURVEYOR'S CERTIFICATE
I, JAY B. TAYLOR, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY
SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION
(DEED DESCRIPTION RECORDED IN BOOK AND PAGE AS SHOWN); THAT THE
BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM
INFORMATION FOUND IN BOOK AND PAGE AS SHOWN; THAT THE RATIO OF
PRECISION OR POSITIONAL ACCURACY AS CALCULATED IS 10.000+; THAT
THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED.
I HEREBY CERTIFY THAT THIS PLAT IS OF THE FOLLOWING TYPE: G.S.
47-30 (F)(11)(C)(1). THIS SURVEY IS OF AN EXISTING PARCEL OR
PARCELS OF LAND AND DOES NOT CREATE A NEW STREET OR CHANGE AN
EXISTING STREET.
WITNESS MY ORIGINAL SIGNATURE, LICENSE NUMBER AND SEAL THIS
DAY OF , A.D.,
JAY B. TAYLOR, PROFESSIONAL LAND SURVEYOR L-5472
S.♦.��N CAR •p�••.
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COUNTY OF DURHAM ATT. / ,�"j
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25'X25' SIGHT
/V. CC DISTANCE TRIANGLE
676 �` 26 92 S9 L
9(9
(20W091
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SG-4 SG-6
GENERAL NOTES:
1. THIS IS A BROWNFIELD PLAT
2. BEARINGS FOR THIS SURVEY ARE BASED ON NC GRID NAD 83(2011).
3. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES.
4. ZONING: DDC, DOWNTOWN TIER
5. FLOOD NOTE: THIS PROPERTY IS NOT LOCATED IN A SPECIAL FLOOD HAZARD ZONE.
IT IS LOCATED IN ZONE "X" AS DEFINED BY F.E.M.A F.I.R.M COMMUNITY PANELS
#3720082100L AND 3720083100J DATED 5/02/2006 AND 10/19/2018.
6. REFERENCES: AS SHOWN
7. THE AREAS AND TYPES OF CONTAMINATION DEPICTED HEREON ARE
APPROXIMATIONS DERIVED FROM THE BEST AVAILABLE INFORMATION AT TIME OF
FILING. A LISTING OF TECHNICAL REPORTS USED TO PREPARE THIS PLAT ARE
AVAILABLE IN THE BROWNFIELDS AGREEMENT FOR THIS PROPERTY.
p SG-7
^. O�
I? SSG-8 \
TEMPORARY CONSTRUCTION
EASEMENT
PB 202, PG. 19\
JANE KOREST /
PIN:0821963137 / Q Z N/F
PID:103363 / ��� LOT 1
D.B. 1637, PG. 768 / �� VENABLE HISTORIC LLC
P.B. 185, PG. 345 / PIN:0:1
PID:10336887
03367
/ r D.B. 8470, PG. 671
/ .O^ P.B. 196, PG. 59
/ PB 202, PG. 190
96,154 SF
/ 2.21 AC.
/
/ r
/ O
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/ N.8 CC
029 Sgs 63
/ 37
6429 �8•. !1'
/ \ � 94 86•
LEGEND
EXISTING IRON PIPE
CALCULATED POINT
SOIL SAMPLE
MONITORING WELL
SOIL GAS SAMPLE LOCATION
CRAWL SPACE SAMPLE LOCATION
BROWNFIELD PROPERTY LINE
EXISTING PROPERTY LINE
ADJACENT PROPERTY LINE
BUILDING
WATERLINE EASEMENT
SANITARY SEWER EASEMENT
TEMPORARY CONSTRUCTION EASEMENT
ACCESS EASEMENT
DRAINAGE EASEMENT
30' CITY OF DURHAM SANITARY
SEWER EASEMENT
P.B. 97, PG. 160
D.B. 1034, PG. 632
N/F
LOT 4
6055 PICO LLC
PIN: 0821957644
PID:103370
D.B. 8442, PG. 905
P.B. 202, PG. 190
GRAPHIC SCALE
0 20 40 80
1 inch = 40 ft.
\ 145,�-�
S \
Rom\
S�6 \
<N \
� 1
\
\
\
\
\
\
\
\
P.O.B. NAD GRID (NAD83)
LINE TABLE
LINE
BEARING
DISTANCE
L1
N 34°47'24" W
30.63'
L2
S 61 `50'02" W
31.21'
L3
S 64°52'44" W
16.99'
L4
N 42"33'25" W
21.98'
L6
N 81 °39'58" E
14.04'
CURVE
TABLE
CURVE
RADIUS
ARC LENGTH
CHORD BEARING
CHORD LENGTH
C1
1173.00'
49.06'
S 35°48'36" E
49.06'
C2
10027.00'
105.71'
S 34`54'49" E
105.71'
C3
2677.92'
177.58'
S 33*18'57" E
177.54'
C4
100.00'
64.65'
S 46°21'34" W
63.53'
C5
2125.00'
173.93'
N 41.28'11 " W
173.88'
5� \\ N
t` /F .' \ NC RAILROAD COMPANY
\ PIN: 0831052646
PID:218151
h� SG-5 ' \ D.B. 5126, PG. 691
OB-4 \\ P.B. 185, PG. 345
W-1
$(2007) \\
PUBLIC ACCESS EASEMENT \
0 PB 202, PG. 19 \
RIVATEgWATERLINE EASEMENT SG-1 O ?i \
Sq a Feet 202, PG. 190 \ -10,
.oG�r� \\
\\ '` OB-8 �� \\
.0a, \� \\ LOT 2 \\
VENABLE OFFICE LLC \
\ PIN: 0821959846 \
` osc-3
PID:103372 \
D.B. 8470, PG. 671
` > PB 202, PG. 190 \
49,218 SF PUBLIC ACCESS EASEMENT \
/ TEMPORARY \
CONSTRUCTION \ `� 1.13 AC PB 202, PG. 19
EASEMENT
PB 202, PG. 190
A
SSG-2 \
mCS-1
N 64' \\ /
41 3)y \\ G
!y 24
6 29' /
AOA-1
O r
/
S
/
/
126 y�.
/
PRIVATE WATERLINE
EASEMENT \
/ PB 202, PG. 190
/
/ PRIVATE STORM DRAINAGE \
i EASEMENT
�\ PB 202, PG. 190
PRIVATE ACCESS EASEMENT LOT OT 3
\
PB 202, PG. 190
VENABLE RESIDENTIAL LLC
PIN: 0831050575
PID:103371
.N� / D.B. 8997PG. 680
�. PRIVATE SANITARY SEWER ,
PRIVATE STORM DRAINAGE / �R ry
EASEMENT
PB 202, PG. 190
EASEMENT P.B. 184, PG. 193
PB 202, PG. 190 P.B. 202, PG. 190
'J
McADAMS
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, NC 27713
phone [phone]
fax [phone]
license number: C-0293
www.mcadamsco.com
OWNERS:
VENABLE HISTORIC LLC (PIN:0821957877)
4242 SIX FORKS RD, SUITE 820 RALEIGH, NC 27609
VENABLE OFFICE LLC (PIN:0821959846)
4242 SIX FORKS RD, SUITE 820 RALEIGH, NC 27609
PROSPECTIVE DEVELOPER:
VENABLE HISTORIC LLC
4242 SIX FORKS RD, SUITE 820 RALEIGH, NC 27609
VENABLE OFFICE LLC
4242 SIX FORKS RD, SUITE 820 RALEIGH, NC 27609
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1 2023.11.20 COMMENTS
2 .... ....
PLAN INFORMATION
PROJECT NO.
TCP-18010
FILENAME
TCP18010-F2
CHECKED BY
RTF
DRAWN BY
KMM
SCALE
1"=40-
DATE
05.05.2021
SHEET
1-3

ExUbit 22
Bro►wnfields Prnlserty Name: Venable Tobacco (`ampany
Bmwimill0ds Project Numher: 220484&032
The fol1mviog tables set forth. fcrr copitaminanis present at the BrownJrelas Properly
;shove unrestricted use standards or screentn� levels os reported in the Environmental Repom in
panigraph 3 of Lire: Brownreltlq Agrecmt;nt to which this i5 an exhibit, the concentration found at
each sample location, and the applicable standard or sereeo.ing level. Screening levels and
�,uutdatds arc sh.uwn kir rrfermce ortly and are not x~ forth as Heanup or rui6gatlon levels lffr
purposes of this Agreement.
GROUNDWATEk
Gruttudwaler conuuarirlmts in mit-tugratns per Liter (tire equivalemt of parts per biLlionl,
the standards forwhieh are onntaincd in Tit]e 15A of the North Cam] ina AdministrariveCode,
Subchapter 2L (2LJ. Rule .0202, ur thu 2L Groundwater lnl.r i M=irnurn Allowable-
Cuncenlrations �(11MACS) (April 1- 2022
vmivn)-
C.'oncca
NSF Nn Standard Fstab]khed
SOIL.
Soil couUmi pants in milligrams per kilogram ( the equivalent of parts per ninon), the
kcrcerting levals for which arc derived "m the PwIlminary industrial Haalth-Based Soil
c!medialion Goals of the Inacti ve I lazardous Sites Branch of DEQ's Superfund Section (July
2023 version),
Concentration
Soil
Sample
Depth
Date of
Exceeding
Itesidentiail
Corstaadiaant
Location
101
Sampling
5ercening
Level
Screening
Level' (mg)kg)
i m rk
Arsenic
Il4
1-3051'14r2W7
12
O.bB
B8
SuTlace
OW0812007
9_6
BenzolWlticx'ambene
B8
Surface
0611)W2007
72
1.1
HCAz0ig.h.I)PL1Y1Lae
138
Surface
0Cif0912M.7
32
NSE
DibenAaJilartthraceae
B8
Stlr5cr«
Of 0912007
11
Il_J l
lndcno 1,2,3.-cd yrc w
JB8
Surface
00101312U07
27
1-1
Lead
B4
11-?
5/14/2007
550
400
B8
Surface
5114`2007
40
400
Mien ,I nth Finic
B8
Sue ace
Ofi;M2007
33
NSE
tienDCe ng lt:Vc1�i diVIaycti Iirr nttrt-034eirwgeu am ]nr n haljztl qu otnrtt equal to 0-2, 5crrening kvrb
,Is,rrlaYCJ fOrcarxinL4%10 exam foru 1_UL-6 1ir&irnr irte#ryrkentnI =ncerri!;k-
Li'gE - No screammg level established
EXTERIOR SOLL QAq
Exterior soil gas_ contaminants in rtaicrograrm; per cubic mck-r, the screening kvcl9 fnT
which are derived from Non-RL:siciclatial Vapor Lutrusiuu Screening Levels of Lbe E visiva of
Waste Managemont (July 2023 yr ion).
Fxreriar it Gas
Contaniinanc
Sample
Location
Dole of
Sampling
Cutxcntrallou
Exceeding
Screening
Level t tor}
Residmti3l
Swreemug
L-evel
m}1
eetolle
SG-1
7i 1'V2019
140
NSE
SG-2
WM2019
191)
SCs-5
7/1712019
120
SG-6fDut 2
I2(11 `2019
44144
SG-7=
1210112019�
74
SG-W
12.10112019.
43
Bcyrzenc
90-1
7117112U[9
46
1,
SG-2
7/1712019
27
SCr-3
7l17r-1019
79
5U-5
7f 17,�2019
46
Chlnrolorrn
SC7-5
7l1712019
52
4.1
13-Dichlstmbenxane
SCr-I
711712019
22
NSF.
5Cr-2
7.17.f20l9
17
SC}-3
7� 1712019
42
SG_5
7., J 7 r 2019
34
1_11W11101
SCE-1
7117JIG19
26
NSI._
SCr-2
711712019
29
SCE-3
WIW2014
231
_
SG-5
7117J2019
IV] If 019
is
so-Ch+ix
4&i40
SG-7
I li I D2019
230
SG-8
17111 J7-019
I I O
Lthylbcavcnti
SG-2
7f ] 7, 2019
7f 17.2019
120
3-
SG-3
(A)
4-Ethyltal;tene
SC11_1
7/1712019
13
NSE
SG-2
7117}2019
7.7
SG_1
7f 17r2019
48
515-5
7/1712019
24
Su-s;
1211112019
3A
5"3 07'l7 2019 13p to
Hepltnt S(a_} DU a 11.: 1 - '_i 1 _39.000
?•ltt)U
SG 4 07A 7 1, 180 ow
Hexane 91310
SG-4 JDu 07117 -lip 19 11000,Ua.
SG_I 7i17 19 0.81J
$Cr-s 7I1 r 19 121
Tnchk rollaommrlhanc SG-S FD 12? 11 2019 1.1 J11-1J NSE
'SCi-7 I21 11}019 131
Cs-S 12111,2019 1 1.3.J
'Screening h:vcIF- displayed for mm­cucirwgw-rw ark for it hazard quotiemE oqual lip 13_2. Scirrening levels
displayed for carcinogens -are for a 1_G E-6 lifetime iocrPmtmtal cancer risL
Soil gas sump ln; Sl:�-6, SG-1, and SG4 weir ]tnalyz t td by the lduxutixy with d-le receiu i og Vacuum
measurements au less than i in bes Hg: therefore, these sample re:si s are provided For docurantai eon
purp&ws_ but are not used in quani hative ly to twnluate risk
'Sample S€ -4, which was collected on 7. 1712019 froan 0 Former gasoline station area was heavily diluted
by 12.000 limos flue to high of hoptano and hm: Eno in the snmglc: this raised the 14hnratnry
regoorting limit and the method detection linLt to le%% -Is far in excess of re-gulsuvy screenl� levels for all
arlter anulyie::_ llhwrefu , many uulati It organic eorrrtxrrrnds may ha%% beta diluted oui of the samglr
g-
The sample was a In€rnih laser. The reported concemrraliou here is the higher of two
vnkms. It is lrnssibie Thal the elevarvd hexane and heptone were due to laboratory cnntmni.natian,
`The duplicate saiuple Cram loralion SGA wars anJyzed at a dilution of 600 tunes resulting iu elevated
laboratory rgxx-Eng Bruits and awthod detectiou Jiimits relative to regulatory screeniq levels for rather
NSE - No screening Iovcl Lntablished
J - estimated value between the method detmgioo limit and the laboratory repotting Limit
1. SEE SHEET 1 FOR GENERAL NOTES
INDCX).R AIR
Indmir air contaminants in micrugrurns per cubic mcter, the ser=ing limits for which are
from Non-RLnidcnlial Vapor inlrusioa Screening LevrcL, of the Division of-Wasle
:men( (only 2023 wrsiou),
Indoor Air C:ontaminaat
Sample
Lut�atiun
Date of
sampling
Coa=tratiun
Exceeding
Screening
1_eve1(9940
Rn:i;dontiul
Screening
Level'
glig rn))
Acclonc
CS-1
711. 7:2019
73
N$E
('111010formt
CIS- I
7f 171'2019
0.83
0.12
1,2-13ieh1v.raethane
C'S-1
717;21119
3-4
.0,11
Lihanol
CS-1
71I7/2919
3.00U
NSE
Fth l Acetate
CS-1
7/1712019
23
L7
Eth Ibmizene
CS-1
7/17i;019
1.1
1 1
&Orupnnol
i CS-1
7117 2019
420
42
Naphthaieue
CS-1
7II7 415t
1.
0.083
Trichlomi luoromethane
I CS-1
7/ 170019
1-0
NSF
' Scrccrling l immq displsyW for non-riiminugaos om 15ty a hazard ya Q6vnt v-qual io 0,2. Screen ing I Pv 1,
displayed for carcinogens are fors 1_0E-6 lifetime incremental cancer risk.
NSE - No screening level esto#fished
'J
McADAMS
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, NC 27713
phone [phone]
fax [phone]
license number: C-0293
www.mcadamsco.com
OWNERS:
VENABLE HISTORIC LLC (PIN:0821957877)
4242 SIX FORKS RD, SUITE 820 RALEIGH, NC 27609
VENABLE OFFICE LLC (PIN:0821959846)
4242 SIX FORKS RD, SUITE 820 RALEIGH, NC 27609
PROSPECTIVE DEVELOPER:
VENABLE HISTORIC LLC
4242 SIX FORKS RD, SUITE 820 RALEIGH, NC 27609
VENABLE OFFICE LLC
4242 SIX FORKS RD, SUITE 820 RALEIGH, NC 27609
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PLAN INFORMATION
PROJECT NO. TCP-18010
FILENAME TCP18010-F2
CHECKED BY RTF
DRAWN BY KMM
SCALE NTS
DATE 05.05.2021
SHEET
2-3
SHEET
2-3

LAND USE RESTRICTIONS
NCGS 130A-310.35(A) REQUIRES RECORDATION OF A NOTICE OF BROWNFIELDS PROPERTY ('NOTICE') THAT IDENTIFIES ANY RESTRICTIONS ON THE
CURRENT AND FUTURE USE OF A BROWNFIELDS PROPERTY THAT ARE NECESSARY OR USEFUL TO MAINTAIN THE LEVEL OF PROTECTION APPROPRIATE
FOR THE DESIGNATED CURRENT OR FUTURE USE OF THE PROPERTY AND THAT ARE DESIGNATED IN A BROWNFIELDS AGREEMENT PERTAINING TO THE
PROPERTY. THIS SURVEY PLAT CONSTITUTES ONE OF THREE EXHIBITS TO THE NOTICE PERTAINING TO THE BROWNFIELDS PROPERTY DEPICTED ON THIS
PLAT AND RECORDED AT THE _______ COUNTY REGISTER OF DEEDS' OFFICE. THE EXHIBITS TO THE NOTICE ARE: THE BROWNFIELDS AGREEMENT FOR
THE SUBJECT PROPERTY, WHICH IS ATTACHED AS EXHIBIT A TO THE NOTICE; A REDUCED VERSION OF THIS SURVEY PLAT, WHICH IS ATTACHED AS
EXHIBIT B TO THE NOTICE; AND A LEGAL DESCRIPTION FOR THE SUBJECT PROPERTY, WHICH IS ATTACHED AS EXHIBIT C TO THE NOTICE. THE LAND USE
RESTRICTIONS BELOW HAVE BEEN EXCERPTED VERBATIM FROM PARAGRAPH ___ OF THE BROWNFIELDS AGREEMENT, AND ALL PARAGRAPH
LETTERS/NUMBERS ARE THE SAME AS THOSE USED IN THE BROWNFIELDS AGREEMENT. THE FOLLOWING LAND USE RESTRICTIONS ARE HEREBY IMPOSED
ON THE BROWNFIELDS PROPERTY AND SHALL REMAIN IN FORCE IN PERPETUITY UNLESS CANCELED BY THE SECRETARY OF THE NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY (OR ITS SUCCESSOR IN FUNCTION), OR HIS/HER DESIGNEE, AFTER THE HAZARDS HAVE BEEN ELIMINATED,
PURSUANT TO NCGS § 130A-310.35(E):
LAND USES
A. NO USE MAY BE MADE OF THE BROWNFIELDS PROPERTY OTHER THAN FOR OFFICE, RESEARCH AND DEVELOPMENT LABORATORY,
RECREATION, PARKING, RETAIL, POST —SECONDARY EDUCATION, LIGHT INDUSTRIAL, AND SUBJECT TO DEQ'S PRIOR WRITTEN APPROVAL, OTHER
COMMERCIAL USES AS STATED IN SUBPARAGRAPH 13.C. BELOW, RESIDENTIAL USE IS PROHIBITED, BUT MAY BE RECONSIDERED AND AUTHORIZED UNDER
DEQ WRITTEN APPROVAL AFTER DEQ'S SITE —SPECIFIC REVIEW OF OWNER —PROPOSED PLANS AND THE THEN —CURRENT CONDITIONS OF THE BROWNFIELDS
PROPERTY. THE THEN CURRENT CONDITIONS OF THE PROPERTY SHALL BE ESTABLISHED BY COMPLETING SAMPLING IN ACCORDANCE WITH A DEQ
BROWNFIELDS APPROVED WORK PLAN. REVIEW OF SAID WORK PLAN, REPORT, AND DEQ DETERMINATION OF RESIDENTIAL SUITABILITY SHALL INCUR A FEE
OF NOT LESS THAN $10,000 REGARDLESS OF THE FINAL DETERMINATION. THESE LAND USES AND THEIR DEFINITIONS BELOW APPLY SOLELY FOR
PURPOSES OF THIS AGREEMENT, AND DO NOT WAIVE ANY LOCAL ZONING, RULE, REGULATION, OR PERMIT REQUIREMENTS:
I. "OFFICE" IS DEFINED AS A PLACE WHERE BUSINESS OR PROFESSIONAL SERVICES ARE PROVIDED.
II. "RESEARCH AND DEVELOPMENT LABORATORY" IS DEFINED AS A FACILITY THAT CARRIES OUT BASIC AND APPLIED RESEARCH WORK TO
SUPPORT PARTICULAR PROCESSES OR PRODUCT LINES FOR MANUFACTURING AND MARKETING PURPOSES.
1. FOR GENERAL NOTES SEE SHEET 1
VAPOR INTRUSION
H. NO ENCLOSED BUILDING MAY BE CONSTRUCTED ON THE BROWNFIELDS PROPERTY AND NO EXISTING BUILDING, DEFINED AS THOSE
DEPICTED ON THE PLAT COMPONENT OF THE NOTICE OF BROWNFIELDS PROPERTY REFERENCED IN PARAGRAPH 17 BELOW, MAY BE OCCUPIED
UNTIL DEQ DETERMINES IN WRITING THAT:
I. THE BUILDING IS OR WOULD BE PROTECTIVE OF THE BUILDING'S USERS AND PUBLIC HEALTH FROM THE RISK OF VAPOR INTRUSION
BASED ON SITE ASSESSMENT DATA, OR A SITE —SPECIFIC RISK ASSESSMENT APPROVED IN WRITING BY DEQ; OR
II. A VAPOR INTRUSION MITIGATION SYSTEM (VIMS) HAS BEEN:
1. DESIGNED TO MITIGATE THE INTRUSION OF SUBSURFACE VAPORS INTO BUILDING FEATURES IN ACCORDANCE WITH THE MOST
RECENT AND APPLICABLE DWM VAPOR INTRUSION GUIDANCE, INTERSTATE TECHNOLOGY & REGULATORY COUNCIL (ITRC) GUIDANCE, AND AMERICAN
NATIONAL STANDARDS INSTITUTE (ANSI)/AMERICAN ASSOCIATION OF RADON SCIENTISTS AND TECHNOLOGISTS (AARST) STANDARDS, AND THAT A
PROFESSIONAL ENGINEER LICENSED IN NORTH CAROLINA, AS EVIDENCED BY SAID ENGINEER'S PROFESSIONAL SEAL, IS SATISFIED THAT THE DESIGN
IS FULLY PROTECTIVE OF PUBLIC HEALTH, AND SHALL INCLUDE A PERFORMANCE MONITORING PLAN DETAILING METHODOLOGIES AND SCHEDULE,
BOTH OF WHICH ARE SUBJECT TO PRIOR WRITTEN DEQ APPROVAL; AND
2. INSTALLED AND AN INSTALLATION REPORT IS SUBMITTED FOR WRITTEN DEQ
APPROVAL THAT INCLUDES AS —BUILT DIAGRAMS, PHOTOGRAPHS, AND A DESCRIPTION OF THE INSTALLATION, WITH SAID ENGINEER'S PROFESSIONAL
SEAL CONFIRMING THAT THE ENGINEER IS SATISFIED THAT THE SYSTEM WAS INSTALLED PER THE DEQ APPROVED DESIGN. IF ANY DEVIATIONS
FROM THE SYSTEM DESIGN WERE NECESSARY DURING INSTALLATION, THEN THE REPORT SHALL INCLUDE DETAILS ON SAID DEVIATIONS, AS WELL
AS THE ENGINEER'S SEAL CERTIFYING THE VIMS, AS INSTALLED, WAS INSTALLED IN SUCH A MANNER SO AS TO BE FULLY PROTECTIVE OF PUBLIC
HEALTH.
PROPERTY ACCESS
III. "RECREATION" IS DEFINED AS INDOOR AND OUTDOOR EXERCISE —RELATED, PHYSICALLY FOCUSED, OR LEISURE —RELATED ACTIVITIES, I. NEITHER DEQ, NOR ANY PARTY CONDUCTING ENVIRONMENTAL ASSESSMENT OR REMEDIATION AT THE BROWNFIELDS PROPERTY AT THE
WHETHER ACTIVE OR PASSIVE, AND THE FACILITIES FOR SAME, INCLUDING, BUT NOT LIMITED TO, STUDIOS, SWIMMING OR WADING POOLS, SPLASH PADS, DIRECTION OF, OR PURSUANT TO A PERMIT, ORDER OR AGREEMENT ISSUED OR ENTERED INTO BY DEQ, MAY BE DENIED ACCESS TO THE
CLUBHOUSES, SPORTS —RELATED COURTS AND FIELDS, OPEN SPACE, GREENWAYS, PARKS, PLAYGROUNDS, WALKING PATHS, PICNIC AND PUBLIC BROWNFIELDS PROPERTY FOR PURPOSES OF CONDUCTING SUCH ASSESSMENT OR REMEDIATION, WHICH IS TO BE CONDUCTED USING REASONABLE
GATHERING AREAS, CAMPGROUNDS, BOAT DOCKS, AND MARINAS. EFFORTS TO MINIMIZE INTERFERENCE WITH AUTHORIZED USES OF THE BROWNFIELDS PROPERTY.
IV. "PARKING" IS DEFINED AS THE TEMPORARY ACCOMMODATION OF MOTOR VEHICLES IN AN AREA DESIGNED FOR SAME. DAMAGE TO WELLS
V. `RETAIL" IS DEFINED AS THE SALE OF GOODS OR SERVICES, PRODUCTS, OR MERCHANDISE DIRECTLY TO THE CONSUMER OR BUSINESSES J. THE OWNER OF ANY PORTION OF THE BROWNFIELDS PROPERTY WHERE ANY EXISTING, OR SUBSEQUENTLY INSTALLED, DEQ—APPROVED
AND INCLUDES SHOWROOMS, PERSONAL SERVICE, FARMER'S MARKETS, FOOD FESTIVALS, AND THE SALES OF FOOD AND BEVERAGE PRODUCTS, INCLUDING MONITORING WELL IS DAMAGED BY THE OWNER, ITS CONTRACTORS, OR ITS TENANTS, THE OWNER SHALL BE RESPONSIBLE FOR REPAIR OF ANY
FROM MOBILE ESTABLISHMENTS SUCH AS FOOD TRUCKS. 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.
VI. `POST —SECONDARY EDUCATION" IS DEFINED AS A PRIVATELY —OWNED OR PUBLICLY —OWNED UNIVERSITY, COLLEGE, JUNIOR COLLEGE,
VOCATIONAL SCHOOL, OR COMMUNITY COLLEGE THAT PROVIDES EDUCATION BEYOND THE HIGH SCHOOL LEVEL
VII. "LIGHT INDUSTRIAL" IS DEFINED AS THE ASSEMBLY, FABRICATION, PROCESSING, WAREHOUSING, OR DISTRIBUTION OF GOODS AND
MATERIALS.
VIII. "COMMERCIAL" IS DEFINED AS AN ENTERPRISE CARRIED ON FOR PROFIT OR NONPROFIT BY THE OWNER, LESSEE OR LICENSEE.
SPECIFIC PROHIBITIONS
B. THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR CHILDCARE CENTERS, ADULT CARE CENTERS, OR SCHOOLS WITHOUT THE PRIOR WRITTEN
APPROVAL OF DEQ.
C. THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR RESIDENTIAL USE WITHOUT THE PRIOR WRITTEN APPROVAL OF DEQ.
ENVIRONMENTAL MANAGEMENT PLAN
D. PHYSICAL REDEVELOPMENT OF THE BROWNFIELDS PROPERTY MAY NOT OCCUR OTHER THAN IN ACCORDANCE, AS DETERMINED BY DEQ, WITH
AN ENVIRONMENTAL MANAGEMENT PLAN ('EMP') APPROVED IN WRITING BY DEQ IN ADVANCE (AND REVISED TO DEQ'S WRITTEN SATISFACTION PRIOR TO
EACH SUBSEQUENT REDEVELOPMENT PHASE) THAT IS CONSISTENT WITH ALL THE OTHER LAND USE RESTRICTIONS AND DESCRIBES REDEVELOPMENT
ACTIVITIES AT THE BROWNFIELDS PROPERTY, THE TIMING OF REDEVELOPMENT PHASES, AND ADDRESSES HEALTH, SAFETY AND ENVIRONMENTAL ISSUES
THAT MAY ARISE FROM USE OF THE BROWNFIELDS PROPERTY DURING CONSTRUCTION OR REDEVELOPMENT IN ANY OTHER FORM, INCLUDING WITHOUT
LIMITATION:
I. DEMOLITION OF EXISTING BUILDINGS, IF APPLICABLE;
II. ISSUES RELATED TO KNOWN OR POTENTIAL SOURCES OF CONTAMINATION, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM
CONTAMINATION IDENTIFIED IN PARAGRAPH 3 ABOVE;
III. CONTINGENCY PLANS FOR ADDRESSING, INCLUDING WITHOUT LIMITATION THE TESTING OF SOIL AND GROUNDWATER, NEWLY DISCOVERED
POTENTIAL SOURCES OF ENVIRONMENTAL CONTAMINATION (E.G., USTS, TANKS, DRUMS, SEPTIC DRAIN FIELDS, OIL —WATER SEPARATORS, SOIL
CONTAMINATION); AND
IV. PLANS FOR THE PROPER CHARACTERIZATION AND DEQ APPROVAL OF BOTH FILL SOIL BEFORE IMPORT TO THE BROWNFIELDS PROPERTY
AND THE DISPOSITION OF ALL SOIL EXCAVATED FROM THE BROWNFIELDS PROPERTY DURING REDEVELOPMENT.
REDEVELOPMENT SUMMARY REPORT
E. NO LATER THAN JANUARY 31 OF EACH CALENDAR YEAR FOLLOWING THE EFFECTIVE DATE OF THIS AGREEMENT FOR AS LONG AS PHYSICAL
REDEVELOPMENT OF THE BROWNFIELDS PROPERTY CONTINUES (EXCEPT THAT THE FINAL DEADLINE SHALL FALL 90 DAYS AFTER THE CONCLUSION OF
PHYSICAL REDEVELOPMENT), THE THEN OWNER OF THE BROWNFIELDS PROPERTY SHALL PROVIDE DEQ A REPORT ON ENVIRONMENT —RELATED ACTIVITIES
SINCE THE LAST REPORT, WITH A SUMMARY AND DRAWINGS, THAT DESCRIBES:
I. ACTIONS TAKEN ON THE BROWNFIELDS PROPERTY IN ACCORDANCE WITH SECTION VI: WORK TO BE PERFORMED ABOVE;
II. SOIL GRADING AND CUT AND FILL ACTIONS;
III. METHODOLOGY(IES) EMPLOYED FOR FIELD SCREENING, SAMPLING AND LABORATORY ANALYSIS OF ENVIRONMENTAL MEDIA;
IV. STOCKPILING, CONTAINERIZING, DECONTAMINATING, TREATING, HANDLING, LABORATORY ANALYSIS AND ULTIMATE DISPOSITION OF ANY
SOIL, GROUNDWATER, OR OTHER MATERIALS SUSPECTED OR CONFIRMED TO BE CONTAMINATED WITH REGULATED SUBSTANCES; AND
V. REMOVAL OF ANY CONTAMINATED SOIL, WATER, OR OTHER CONTAMINATED MATERIALS (FOR EXAMPLE, CONCRETE, DEMOLITION DEBRIS)
FROM THE BROWNFIELDS PROPERTY (COPIES OF ALL LEGALLY REQUIRED MANIFESTS SHALL BE INCLUDED).
GROUNDWATER
F. GROUNDWATER AT THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR ANY PURPOSE WITHOUT THE PRIOR WRITTEN APPROVAL OF DEQ
ALONG WITH ANY MEASURES DEQ DEEMS NECESSARY TO ENSURE THAT THE BROWNFIELDS PROPERTY WILL BE SUITABLE FOR THE USES SPECIFIED IN
SUBPARAGRAPH 13.A ABOVE WHILE FULLY PROTECTING PUBLIC HEALTH AND THE ENVIRONMENT. SHOULD GROUNDWATER BE ENCOUNTERED OR EXPOSED
DURING ANY ACTIVITY ON THE BROWNFIELDS PROPERTY, IT SHALL BE MANAGED IN ACCORDANCE WITH THE DEQ—APPROVED EMP OUTLINED IN
SUBPARAGRAPH 13.D, OR A PLAN APPROVED IN WRITING IN ADVANCE BY DEQ.
SOIL
G. NO ACTIVITY THAT DISTURBS SOIL ON THE BROWNFIELDS PROPERTY MAY OCCUR UNLESS AND UNTIL DEQ STATES IN WRITING, IN ADVANCE OF
THE PROPOSED ACTIVITY, THAT SAID ACTIVITY MAY OCCUR IF CARRIED OUT ALONG WITH ANY MEASURES DEQ DEEMS NECESSARY TO ENSURE THE
BROWNFIELDS PROPERTY WILL BE SUITABLE FOR THE USES SPECIFIED IN SUBPARAGRAPH 13.A. ABOVE WHILE FULLY PROTECTING PUBLIC HEALTH AND
THE ENVIRONMENT, EXCEPT:
I. IN CONNECTION WITH LANDSCAPE PLANTING TO DEPTHS NOT EXCEEDING 24 INCHES;
II. MOWING AND PRUNING OF ABOVE —GROUND VEGETATION;
III. FOR REPAIR OF UNDERGROUND INFRASTRUCTURE, PROVIDED THAT DEQ SHALL BE GIVEN WRITTEN NOTICE AT LEAST SEVEN DAYS IN
ADVANCE OF A SCHEDULED REPAIR (IF ONLY BY EMAIL) OF ANY SUCH REPAIR, OR IN EMERGENCY CIRCUMSTANCES NO LATER THAN THE NEXT
BUSINESS DAY, AND THAT ANY RELATED ASSESSMENT AND REMEDIAL MEASURES REQUIRED BY DEQ SHALL BE TAKEN; AND
IV. IN CONNECTION TO WORK CONDUCTED IN ACCORDANCE WITH A DEQ—APPROVED ENVIRONMENTAL MANAGEMENT PLAN (EMP) AS OUTLINED
IN SUBPARAGRAPH 13.D.
NOTIFICATION OF TENANTS
K. ANY DEED OR OTHER INSTRUMENT CONVEYING AN INTEREST IN THE BROWNFIELDS PROPERTY SHALL CONTAIN THE FOLLOWING NOTICE:
'THIS PROPERTY IS SUBJECT TO THE BROWNFIELDS AGREEMENT ATTACHED AS EXHIBIT A TO THE NOTICE OF BROWNFIELDS PROPERTY RECORDED
IN THE DURHAM COUNTY LAND RECORDS, BOOK _ _________ PAGE _____________ _." A COPY OF ANY SUCH INSTRUMENT
SHALL BE SENT TO THE PERSONS LISTED IN SECTION XVII (NOTICES AND SUBMISSIONS), THOUGH FINANCIAL FIGURES AND OTHER CONFIDENTIAL
INFORMATION RELATED TO THE CONVEYANCE MAY BE REDACTED TO THE EXTENT SAID REDACTIONS COMPLY WITH THE CONFIDENTIALITY AND
TRADE SECRET PROVISIONS OF THE NORTH CAROLINA PUBLIC RECORDS LAW. THE OWNER MAY USE THE FOLLOWING MECHANISMS TO COMPLY WITH
THE OBLIGATIONS OF THIS PARAGRAPH: (i) IF EVERY LEASE AND RIDER IS IDENTICAL IN FORM, THE OWNER CONVEYING AN INTEREST MAY
PROVIDE DEQ WITH COPIES OF A FORM LEASE OR RIDER EVIDENCING COMPLIANCE WITH THIS SUBPARAGRAPH, IN LIEU OF SENDING COPIES OF
ACTUAL, EXECUTED LEASES, TO THE PERSONS LISTED IN SECTION XVII (NOTICES AND SUBMISSIONS); OR (ii) THE OWNER CONVEYING AN INTEREST
MAY PROVIDE ABSTRACTS OF LEASES, RATHER THAN FULL COPIES OF SAID LEASES, TO THE PERSONS LISTED IN SECTION XVII.
SEPARATING OLD FROM NEW CONTAMINATION
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. AS FUEL OR OTHER FLUIDS CUSTOMARILY USED IN VEHICLES, LANDSCAPING EQUIPMENT AND EMERGENCY GENERATORS.
IV. AS 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 THEIR ORIGINAL PACKAGING OR
CONTAINERS; AND
V. AS CONSTITUENTS OF PRODUCTS AND MATERIALS CUSTOMARILY USED AND STORED IN OFFICE, RESEARCH AND DEVELOPMENT
LABORATORY, RECREATION, PARKING, RETAIL, POST —SECONDARY EDUCATION, LIGHT INDUSTRIAL, 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.
LAND USE RESTRICTION UPDATE
M. DURING JANUARY OF EACH YEAR AFTER THE YEAR IN WHICH THE NOTICE REFERENCED BELOW IN PARAGRAPH 17 IS RECORDED, THE
OWNER OF ANY PART OF THE BROWNFIELDS PROPERTY AS OF JANUARY 1ST OF THAT YEAR SHALL SUBMIT A NOTARIZED LAND USE RESTRICTIONS
UPDATE ('LURU") TO DEQ, AND TO THE CHIEF PUBLIC HEALTH AND ENVIRONMENTAL OFFICIALS OF DURHAM COUNTY, CERTIFYING THAT, AS OF
SAID JANUARY 1ST, THE NOTICE OF BROWNFIELDS PROPERTY CONTAINING THESE LAND USE RESTRICTIONS REMAINS RECORDED AT THE DURHAM
COUNTY REGISTER OF DEEDS OFFICE AND THAT THE LAND USE RESTRICTIONS ARE BEING COMPLIED WITH. IF THE PROPERTY IS TRANSFERRED, THE
GRANTOR SHALL SUBMIT A LURU (AS OUTLINED ABOVE) WHICH COVERS THE PERIOD OF TIME THEY OWNED THE PROPERTY THE SUBMITTED LURU
SHALL STATE THE FOLLOWING:
I. THE BROWNFIELDS PROPERTY ADDRESS, AND THE NAME, MAILING ADDRESS, TELEPHONE NUMBER, AND CONTACT PERSON'S E—MAIL
ADDRESS OF THE OWNER, OR BOARD, ASSOCIATION OR APPROVED ENTITY, SUBMITTING THE LURU IF SAID OWNER, OR EACH OF THE OWNERS ON
WHOSE BEHALF A JOINT LURU IS SUBMITTED, ACQUIRED ANY PART OF THE BROWNFIELDS PROPERTY DURING THE PREVIOUS CALENDAR YEAR;
II. THE TRANSFEREE'S NAME, MAILING ADDRESS, TELEPHONE NUMBER, AND CONTACT PERSON'S E—MAIL ADDRESS, IF SAID OWNER, OR
EACH OF THE OWNERS ON WHOSE BEHALF A JOINT LURU IS SUBMITTED, TRANSFERRED ANY PART OF THE BROWNFIELDS PROPERTY DURING THE
PREVIOUS CALENDAR YEAR;
III. WHETHER ANY VAPOR BARRIER AND/OR MITIGATION SYSTEMS INSTALLED PURSUANT TO SUBPARAGRAPH 13.H. ABOVE ARE PERFORMING
AS DESIGNED, AND WHETHER THE USES OF THE GROUND FLOORS, INCLUDING ANY TENANT RENOVATIONS, OF ANY BUILDINGS CONTAINING SUCH
VAPOR BARRIER AND/OR MITIGATION SYSTEMS HAVE CHANGED, AND, IF SO, HOW, AND UNDER WHICH PRECAUTIONS SO AS NOT TO INTERFERE
WITH THE OPERATION OF SAID SYSTEM;
IV. A JOINT LURU MAY BE SUBMITTED FOR MULTIPLE OWNERS BY A DULY CONSTITUTED BOARD OR ASSOCIATION AND SHALL INCLUDE THE
BROWNFIELDS PROPERTY ADDRESS, AND THE NAME, MAILING ADDRESS, TELEPHONE NUMBER, AND CONTACT PERSON'S E—MAIL ADDRESS OF THE
ENTITY SUBMITTING THE JOINT LURU AS WELL AS FOR EACH OF THE OWNERS ON WHOSE BEHALF THE JOINT LURU IS SUBMITTED; AND
V. A LURU SUBMITTED FOR RENTAL UNITS SHALL INCLUDE ENOUGH OF EACH LEASE ENTERED INTO DURING THE PREVIOUS CALENDAR YEAR
TO DEMONSTRATE COMPLIANCE WITH LESSEE NOTIFICATION REQUIREMENTS IN PARAGRAPHS 18 AND 19 OF THIS AGREEMENT.
FOR THE PURPOSES OF N.C.G.S. § 130A-310.35
BRUCE NICHOLSON, CHIEF
BROWNFIELDS REDEVELOPMENT SECTION
DIVISION OF WASTE MANAGEMENT
STATE OF NORTH CAROLINA
COUNTY OF WAKE
DATE
McADAMS
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, NC 27713
phone [phone]
fax [phone]
license number: C-0293
www.mcadamsco.com
OWNERS:
VENABLE HISTORIC LLC (PIN:0821957877)
4242 SIX FORKS RD, SUITE 820 RALEIGH, NC 27609
VENABLE OFFICE LLC (PIN:0821959846)
4242 SIX FORKS RD, SUITE 820 RALEIGH, NC 27609
PROSPECTIVE DEVELOPER:
VENABLE HISTORIC LLC
4242 SIX FORKS RD, SUITE 820 RALEIGH, NC 27609
VENABLE OFFICE LLC
4242 SIX FORKS RD, SUITE 820 RALEIGH, NC 27609
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REVISIONS
NO. DATE
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2 .... ....
PLAN INFORMATION
PROJECT NO.
TCP-18010
FILENAME
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CHECKED BY
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DATE
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SHEET
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Fxhihit C
Brownfields Property Name: Venable Tobacco Company
Brownfields Project Number: 22048-18-032
BROWNFIELDS DESCRIPTION
BEGINNING AT AN IRON PIPE ON THE RIGHT-OF-WAY OF WEST PETTIGREW STREET, THE COMMON
CORNER OF LOT 2 AND LOT 1, SAID POINT BEING THE POINT OF BEGINNING (P.O.B.); THENCE WITH A
CURVE TO THE RIGHT WITH AN ARC LENGTH OF 49.06 FEET, A RADIUS OF 1173.00 FEET, A CHORD
BEARING OF SOUTH 35°48'36" EAST, AND A CHORD LENGTH OF 49.06 FEET TO AN IRON PIPE; THENCE
WITH A CURVE TO THE LEFT WITH AN ARC LENGTH OF 105.71 FEET, A RADIUS OF 10027.00 FEET, A
CHORD BEARING OF SOUTH 34°54'49" EAST, AND A CHORD LENGTH OF 105.71 FEET TO AN IRON PIPE;
THENCE WITH A CURVE TO THE LEFT WITH AN ARC LENGTH OF 177.58 FEET, A RADIUS OF 2677.92 FEET,
A CHORD BEARING OF SOUTH 33°18'57" EAST, AND A CHORD LENGTH OF 177.54 FEET TO AN IRON PIPE;
THENCE SOUTH 64°52'44" WEST A DISTANCE OF 143.56 FEET TO AN IRON PIPE; THENCE WITH A CURVE
TO THE RIGHT WITH AN ARC LENGTH OF 64.65 FEET, A RADIUS OF 100.00 FEET, A CHORD BEARING OF
SOUTH 46°21'34" WEST, AND A CHORD LENGTH OF 63.53 FEET TO AN IRON PIPE; THENCE SOUTH
27°50'23" WEST A DISTANCE OF 48.10 FEET TO AN IRON PIPE; THENCE NORTH 42°33'25" WEST A
DISTANCE OF 21.98 FEET TO AN IRON PIPE; THENCE NORTH 64°41'37" WEST A DISTANCE OF 246.29 FEET
TO AN IRON PIPE; THENCE NORTH 64°29'08" WEST A DISTANCE OF 94.86 FEET TO AN IRON PIPE;
THENCE NORTH 26°57'00" EAST A DISTANCE OF 99.54 FEET TO AN IRON PIPE; THENCE NORTH 27°11'01"
EAST A DISTANCE OF 39.26 FEET TO AN IRON PIPE; THENCE NORTH 29°16'53" EAST A DISTANCE OF
95.13 FEET TO AN IRON PIPE; THENCE NORTH 28°09'00" EAST A DISTANCE OF 207.93 FEET TO AN IRON
PIPE; THENCE NORTH 81°39'58" EAST A DISTANCE OF 14.04 FEET TO AN IRON PIPE; THENCE WITH A
CURVE TO THE LEFT WITH AN ARC LENGTH OF 173.93 FEET, A RADIUS OF 2125.00 FEET, A CHORD
BEARING OF SOUTH 41°28'11" EAST, AND A CHORD LENGTH OF 173.88 FEET TO AN IRON PIPE; THENCE
SOUTH 45°03'54" WEST A DISTANCE OF 2.68 FEET TO AN IRON PIPE, BEING THE POINT OF BEGINNING.
HAVING AN AREA OF 145,372 SQUARE FEET OR 3.34 ACRES.

Exhibit I
Brownfields Property Name: Venable Tobacco
Brownflelds Project Number: 22048-18-032
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Exhibit 2
Brownfields Property Name: Venable Tobacco Company
Brownfields Project Number: 22048-18-032
The following tables set forth, for contaminants present at the Brownfields Property
above unrestricted use standards or screening levels as reported in the Environmental Reports in
paragraph 3 of the Brownfields Agreement to which this is an exhibit, the concentration found at
each sample location, and the applicable standard or screening level. Screening levels and
standards are shown for reference only and are not set forth as cleanup or mitigation levels for
purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
the standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, or the 2L Groundwater Interim Maximum Allowable
Concentrations (IMACS) (April 1, 2022 version):
Groundwater
Sample
Date of
Concentration
Standard
Exceeding
Contaminant
Location
Sampling
(µg/L)
Standard /L
Ethanol
MW-1
09/03/2009
6,600
4000
Lead
MW-1
09/03/2009
33
15
Manganese
MW-1
06/08/2007
27,000
50
SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial Health -Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (July
2023 version):
Concentration
Soil
Sample
Depth
Date of
Exceeding
Residential
Contaminant
Location
(ft)
Sampling
Screening
Screening
Level
Level (mg/kg)
(mg/kg)
B4
2-3
05/14/2007
12
Arsenic
0.68
B8
Surface
06/08/2007
8.6
Benzo b fluoranthene
B8
Surface
06/08/2007
72
1.1
Benzo(g,h,i)perylene
B8
Surface
06/08/2007
32
NSE
Dibenz a,h anthracene
B8
Surface
06/08/2007
11
0.11
Indeno(1,2,3,-cd)pyrene
B8
Surface
06/08/2007
27
1.1
B4
0-2
5/14/2007
550
400
Lead
B8
Surface
5/14/2007
440
400
Phenanthrene
B8
Surface
06/08/2007
33
NSE
Venable Tobacco Company/22048-18-032/20231121

'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NSE — No screening level established
EXTERIOR SOIL GAS
Exterior soil gas contaminants in micrograms per cubic meter, the screening levels for
which are derived from Non -Residential Vapor Intrusion Screening Levels of the Division of
Waste Management (July 2023 version):
Exterior Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level /m3
Residential
Screening
Level'
/m3)
Acetone
SG-1
7/17/2019
140
NSE
SG-2
7/17/2019
150
SG-5
7/17/2019
120
SG-6/Du 2
12/11/2019
44/44
SG-72
12/11/2019
74
SG-82
12/11/2019
43
Benzene
SG-1
7/17/2019
46
12
SG-2
7/17/2019
27
SG-3
7/17/2019
79
SG-5
7/17/2019
46
Chloroform
SG-5
7/17/2019
52
4.1
1,3-Dichlorobenzene
SG-1
7/17/2019
22
NSE
SG-2
7/17/2019
17
SG-3
7/17/2019
42
SG-5
7/17/2019
34
Ethanol
SG-1
7/17/2019
26
NSE
SG-2
7/17/2019
29
SG-3
7/17/2019
23 J
SG-5
7/17/2019
18
SG-6/Du
12/11/2019
46/40
SG-7
12/11/2019
230
SG-8
12/11/2019
110
Ethylbenzene
SG-2
7/17/2019
120
37
SG-3
7/17/2019
60
4-Ethyltoluene
SG-1
7/17/2019
13
NSE
SG-2
7/17/2019
7.7
SG-3
7/17/2019
48
SG-5
7/17/2019
24
SG-82
12/11/2019
3.4
Venable Tobacco Company/22048-18-032/20231121
2

Heptane
SG-4'
07/17/2019
150,000
2,800
SG-4 Du 4
07/17/2019
59,000
Hexane
SG-4
07/17/2019
180,000
4,900
SG-4 Du
07/17/2019
110,000
Trichlorofluoromethane
SG-1
7/17/2019
0.811
NSE
SG-5
7/17/2019
1.2J
SG-6/Du
12/11/2019
1.1J/1.1J
SG-7
12/11/2019
1.3J
SG-8
12/11/2019
1.3J
'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.
ZSoil gas samples SG-6, SG-7, and SG-8 were analyzed by the laboratory with the receiving vacuum
measurements at less than 5 inches Hg; therefore, these sample results are provided for documentation
purposes, but are not used in quantitatively to evaluate risk.
'Sample SG-4, which was collected on 7/17/2019 from a former gasoline station area was heavily diluted
by 12,000 times due to high concentrations of heptane and hexane in the sample; this raised the laboratory
reporting limit and the method detection limit to levels far in excess of regulatory screening levels for all
other analytes. Therefore, many volatile organic compounds may have been diluted out of the sample.
The sample was re -analyzed a month later. The reported concentration here is the higher of the two
values. It is possible that the elevated hexane and heptane were due to laboratory contamination.
4The duplicate sample from location SG-4 was analyzed at a dilution of 600 times, resulting in elevated
laboratory reporting limits and method detection limits relative to regulatory screening levels for other
analytes.
NSE — No screening level established
J — estimated value between the method detection limit and the laboratory reporting limit
INDOOR AIR
Indoor air contaminants in micrograms per cubic meter, the screening limits for which are
derived from Non -Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (July 2023 version):
Indoor Air Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Residential
Screening
Level'
(µg/m)
Acetone
CS-1
7/17/2019
73
NSE
Chloroform
CS-1
7/17/2019
0.83
0.12
1,2-Dichloroethane
CS-1
7/17/2019
3.4
0.11
Ethanol
CS-1
7/17/2019
3,000
NSE
Ethyl Acetate
CS-1
7/17/2019
2.7
1.7
Eth lbenzene
CS-1
7/17/2019
1.1
1.1
Iso ro anol
CS-1
7/17/2019
420
42
Naphthalene
CS-1
7/17/2019
1.2
0.083
Venable Tobacco Company/22048-18-032/20231121

Trichlorofluoromethane I CS-1 1 7/17/2019 1 1.0 1NSE
'Screening limits displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NSE — No screening level established
Venable Tobacco Company/22048-18-032/20231121