23078_Progress Court_PCPkg _20231122

NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Progress Court
Brownfields Project Number: 23078-19-092
North Carolina's Brownfields Property Reuse Act (the "Act"), North Carolina General Statutes ("NCGS")
§ 130A-310.30 through 130A-310.40, provides for the safe redevelopment of abandoned, idled, or underused
properties at which expansion or redevelopment is hindered by actual or potential environmental contamination.
One of the Act's requirements is the submittal of this Notice of Intent to Redevelop a Brownfields Property ("NI")
that has been approved by the North Carolina Department of Environmental Quality ("DEQ") for public notification
purposes as per NCGS § 130A-310.34(a). The NI shall provide, to the extent known, a legal description of the location
of the Brownfields Property, a map showing the location of the Brownfields Property, a description of the
contaminants involved and their concentrations in the media of the Brownfields Property, a description of the
intended future use of the Brownfields Property, any proposed investigation and remediation, and a proposed Notice
of Brownfields Property ("NBP") prepared in accordance with NCGS § 130A-310.35. The proposed NBP for a
particular brownfields project is attached hereto. The proposed NBP includes the proposed Brownfields Agreement,
which is attached as Exhibit A, and the other required elements of this NI. A Summary of this Notice of Intent
("SNI") shall include a statement as to the public availability of the full NI. The party ("Prospective Developer")
who desires to enter into a Brownfields Agreement with DEQ must provide a full copy of this NI to all local
governments having jurisdiction over the Brownfields Property.
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as
the day after which all of the following public notice tasks have occurred: the date the required SNI is: (1) published
in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2) conspicuously
posted at the Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written public comments may be submitted to DEQ within 30 days after the public comment
period begins. Written requests for a public meeting may be submitted to DEQ within 21 days after the public
comment period begins. These periods will start no sooner than November 24, 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
Progress Court/23078-19-092/20231121

SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: Progress Court
Brownfields Project Number: 23078-19-092
Pursuant to the North Carolina Brownfields Property Reuse Act (the "Act") authorized by North Carolina General
Statutes (NCGS) § 130A-310.30 through 130A-310.40, and specifically pursuant to NCGS § 130A-310.34, Progress Ct.
Owner LLC, as Prospective Developer, has filed with the North Carolina Department of Environmental Quality ("DEQ")
a Notice of Intent to Redevelop a Brownfields Property (`Brownfields Property") located at 2000, 2001, 2020 Progress
Court, 2006, 2010, 2012, 2014, 2016, 2018, 2028, 2030, 2032, 2034, 2038, 2040 Wake Forest Road 1007 &
1017/1019/1021E. Whitaker Mill Road, Raleigh, Wake County. The Brownfields Property, which is the former site of
mix of vacant and commercial, consists of 11.144 acres. Environmental contamination exists on the Brownfields Property
in soil, groundwater, exterior soil gas and sub -slab soil gas. Progress Ct Owner LLC has committed itself to redevelop the
Brownfields Property for no uses other than -office, retail, warehousing, high density rental residential, restaurant, parking,
and subject to prior DEQ written approval, other commercial uses. The Notice of Intent to Redevelop a Brownfields
Property includes: (1) a proposed Brownfields Agreement between DEQ and Progress Ct Owner LLC, which in turn
includes (a) a map showing the location of the Property, (b) a description of the contaminants involved and their
concentrations in the media of the Property, (c) the above -stated description of the intended future use of the Brownfields
Property, and (d) proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in
accordance with NCGS § 130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the Oberlin Regional Library located at
1930 Clark Avenue, Raleigh, NC by contacting Robert Lambert at [phone] or by e-mail at
robert.lambertkwake.gov; or at the offices of the N.C. Brownfields Redevelopment Section, 217 West Jones Street,
Raleigh, NC or by contacting Shirley Liggins at that address, at shirley.ligginskdeq.nc.gov, or at [phone]. The full
Notice of Intent to Redevelop a Brownfields Property may be reviewed online at the DEQ public record database,
Laserfiche, by entering the project number 23078-19-092 into the search bar at the following web address:
https:Hedocs.deq.nc.fzov/WasteMana eg ment/
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as the day
after which all of the following public notice tasks have occurred: the date this Notice is: (1) published in a newspaper of
general circulation serving the area in which the Brownfields Property is located; (2) conspicuously posted at the
Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the Brownfields Property.
Written public comments may be submitted to DEQ within 30 days after the public comment period begins. Written requests
for a public meeting may be submitted to DEQ within 21 days after the public comment period begins. These periods will
start no sooner than November 24, 2023, and will end no sooner than the later of 1) 30 and 21 days, respectively, after
that; or 2) 30 and 21 days, respectively, after completion of the latest of the three (3) above -referenced tasks, if such
completion occurs later than the date stated herein. All public comments and public meeting requests should be addressed
as follows:
Bruce Nicholson, Chief
Brownfields Redevelopment Section
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
23078-19-092/Progress Court/20231121

Property Owner: EEM Phase 2 Land LLC & Progress Ct Phase 1 LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: Progress Court
Brownfields Project Number: 23078-19-092
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 20_ by
Progress Ct Owner 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 2000, 2001, 2020 Progress Court, 2006, 2010,
2012, 2014, 2016, 2018, 2028, 2030, 2032, 2034, 2038, 2040 Wake Forest Road 1007 &
1017/1019/1021E. Whitaker Mill Road, Raleigh, Wake County.
The Brownfields Agreement between Prospective Developer and DEQ is attached
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hereto as Exhibit A. It is required by NCGS § 130A-310.32 and sets forth the use that may
be made of the Brownfields Property and the measures to be taken to protect public health
and the environment. The Brownfields Agreement's Exhibit 2 consists of one or more data
tables reflecting the concentrations of and other information regarding the Brownfields
Property's regulated substances and contaminants.
Attached as Exhibit B to this Notice is a reduction, to 8.5 inches x 11 inches, of the survey
plat component of this Notice. This plat shows areas designated by DEQ, has been prepared and
certified by a professional land surveyor, meets the requirements of NCGS § 47-30, and complies
with NCGS § 130A-310.35(a)'s requirement that the Notice identify:
(1) The location and dimensions of the areas of potential environmental concern with
respect to permanently surveyed benchmarks.
(2) The type, location and quantity of regulated substances and contaminants known to
exist on the Brownfields Property.
Attached hereto as Exhibit C is a legal description of the Brownfields Property that would
be sufficient as a description of the property in an instrument of conveyance.
LAND USE RESTRICTIONS
NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the
current and future use of the Brownfields Property that are necessary or useful to maintain the
level of protection appropriate for the designated current or future use of the Brownfields Property
and that are designated in the Brownfields Agreement. The restrictions shall remain in force in
perpetuity unless canceled by the Secretary of DEQ (or its successor in function), or his/her
designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e). All
references to DEQ shall be understood to include any successor in function.
The land use restrictions below have been excerpted verbatim from paragraph 12 of
the Brownfields Agreement, and all subparagraph letters/numbers are the same as those
used in the Brownfields Agreement. The following land use restrictions are hereby imposed
on the Brownfields Property:
Land Uses
a. No use may be made of the Brownfields Property other than office, retail, warehousing,
high density residential, restaurant, parking, and subject to prior DEQ written approval, other
commercial uses. These land uses, and their definitions below apply solely for purposes of this
Agreement, and do not waive any local zoning, rule, regulation, or permit requirements:
i. "Office" is defined as a place where business or professional services are provided.
ii. "Retail" is defined as the sale of goods or services, products, or merchandise directly to
the consumer or businesses and includes showrooms, personal service, open air markets, festivals,
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food halls, and the sales of food and beverage products, including from mobile establishments such
as food trucks.
iii. "Warehousing" is defined as the use of a commercial building for storage of goods by
manufacturers, importers, exporters, wholesalers, transport businesses among others, and also
refers to the storage of goods and materials for a specific commercial establishment of a group of
establishments in a particular type of industry or commercial activity.
iv. "High -Density Residential" is defined as for permanent dwellings where residential
units are attached to each other with common walls, such as condominia, apartments (including
rental townhome-style apartments), group homes, dormitories or boarding houses, and any
property outside the dwelling structures is not privately owned as part of a particular unit (e.g.,
privately -owned courtyards are prohibited), and may include related amenities, such as pools,
clubhouses, courtyards, common areas, recreation areas and parking garages. Single family homes,
townhomes, duplexes or other units with yards are prohibited.
v. "Restaurant" is defined as a commercial business establishment that prepares and serves
food and beverages, including alcoholic beverages under all applicable local, state, and federal
regulations, to patrons.
vi. "Parking" is defined as the temporary accommodation of motor vehicles in an area
designed for same.
vii. "Commercial" is defined as an enterprise carried on for profit or nonprofit by the
owner, lessee or licensee, with the exception of childcare centers, adult care centers or schools
without prior written approval of DEQ.
viii. "Townhome" is defined as a residential unit that is individually owned and is attached
to one or more similar privately owned units via one or more common walls. It may include a
small amount of land ownership beyond the building footprint, such as a courtyard.
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.
Environmental Management Plan
c. 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:
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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;
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
d. No later than January 31 after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues (except
that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then
owner of the Brownfields Property shall provide DEQ a report on environment -related activities
since the last report, with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with Section VI: Work to be
Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and laboratory analysis of
environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling, laboratory analysis
and ultimate disposition of any soil, groundwater, or other materials suspected or confirmed to be
contaminated with regulated substances; and
v. removal of any contaminated soil, water, or other contaminated materials (for example,
concrete, demolition debris) from the Brownfields Property (copies of all legally required
manifests shall be included).
Demolition Activities
e. Unless compliance with this Land Use Restriction is waived in writing in advance by
DEQ in relation to particular buildings, demolition and/or renovation of any or all buildings on the
Brownfields Property depicted on the plat component of the Notice referenced in paragraph 16
below shall be in accordance with applicable legal requirements, including without limitation those
related to lead and asbestos abatement that are administered by the Health Hazards Control Unit
within the Division of Public Health of the North Carolina Department of Health and Human
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Services.
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 12.a. above while
fully protecting public health and the environment. Should groundwater be encountered or
exposed during any activity on the Brownfields Property, it shall be managed in accordance with
the DEQ-approved EMP outlined in subparagraph 12.c., or a plan approved in writing in advance
by DEQ.
Soil
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 12.a. above while fully protecting public health and
the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be given written
notice at least seven days in advance of a scheduled repair (if only by email) of any such repair, or
in emergency circumstances no later than the next business day, and that any related assessment
and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved Environmental
Management Plan (EMP) as outlined in subparagraph 12.c.
v. Soil may not be removed from, or brought onto, the Brownfields Property without prior
sampling and analysis to DEQ's satisfaction and the written approval of DEQ, unless conducted
in accordance with an approved EMP as outlined in paragraph 12.c.
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 16 below, may be occupied until DEQ determines in writing that:
i. the building is or would be protective of the building's users and public health from the
risk of vapor intrusion based on site assessment data, or a site -specific risk assessment approved
in writing by DEQ; or
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ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors into building features in
accordance with the most recent and applicable DWM Vapor Intrusion Guidance, Interstate
Technology & Regulatory Council (ITRC) guidance, and American National Standards Institute
(ANSI)/American Association of Radon Scientists and Technologists (AARST) standards, or
alternative standards approved in writing in advance by DEQ, and that a professional engineer
licensed in North Carolina, as evidenced by said engineer's professional seal, is satisfied that the
design is fully protective of public health, and shall include a performance monitoring plan
detailing methodologies and schedule, both of which are subject to prior written DEQ approval;
and
2. installed and an installation report is submitted for written DEQ approval that includes
as -built diagrams, photographs, and a description of the installation, with said engineer's
professional seal confirming that the engineer is satisfied that the system was installed per the DEQ
approved design. If any deviations from the system design were necessary during installation,
then the report shall include details on said deviations, as well as the engineer's seal certifying the
VIMS, as installed, was installed in such a manner so as to be fully protective of public health.
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.
Notifications 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 Wake County land records, Book
Page A copy of any such instrument shall be sent to the persons listed in
Section XVII (Notices and Submissions), though financial figures and other confidential
information related to the conveyance may be redacted to the extent said redactions comply with
the confidentiality and trade secret provisions of the North Carolina Public Records Law. The
owner conveying a leasehold interest may use the following mechanisms to comply with the
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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. for vehicle maintenance, service, car wash and body work in compliance with
applicable law (though vehicle parts and tools may not be washed in chlorinated solvents
containing any contaminants known to be present in the environmental media at the Brownfields
Property);
iv. in products or materials that are brought onto the Brownfields Property, kept in their
original packaging or containers (that is, not used or repackaged) and later removed from the
Brownfields Property in the original packaging or containers; and
v. as constituents of products and materials customarily used and stored in office, retail,
warehousing, high density residential, restaurant, parking, and subject to prior DEQ 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 16 is recorded, the owner of any part of the Brownfields Property as of January 1st of
that year shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the
chief public health and environmental officials of Wake County, certifying that, as of said January
1 st, the Notice of Brownfields Property containing these land use restrictions remains recorded at
the Wake County Register of Deeds office and that the land use restrictions are being complied
with. If ownership of any portion of the Brownfields Property is transferred, the grantor shall
submit a LURU (as outlined above) which covers the period of time they owned such portion of
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the Brownfields Property during the calendar year of the transfer. The submitted LURU shall state
the following:
i. the Brownfields Property address, and the name, mailing address, telephone number, and
contact person's e-mail address of the owner, or board, association or approved entity, submitting
the LURU if said owner, or each of the owners on whose behalf a joint LURU is submitted,
acquired any part of the Brownfields Property during the previous calendar year;
ii. the transferee's name, mailing address, telephone number, and contact person's e-mail
address, if said owner, or each of the owners on whose behalf a joint LURU is submitted,
transferred any part of the Brownfields Property during the previous calendar year; and
iii.. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph
12.h paragraph 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 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 subparagraph 121 and paragraphs 17 and 18 of this Agreement;
provided that if standard form leases or riders are used in every instance, a copy of such standard
form lease or rider may be sent in lieu of copies of actual leases;
v. A property owners' association or other entity may perform this LURU duty, on behalf
of some or all owners of the Brownfields Property, if said association or entity has accepted
responsibility for such performance pursuant to a notarized instrument satisfactory to DEQ that
includes at a minimum, the Brownfields Property address, and the name, mailing address,
telephone number, and e-mail address of each owner on whose behalf the LURU is proposed to be
submitted.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be
the DEQ Brownfields Property Management Branch referenced in subparagraph 31.a. of
Exhibit A hereto, at the address stated therein.
ENFORCEMENT
The above land use restrictions shall be enforceable without regard to lack of privity of
estate or contract, lack of benefit to particular land, or lack of any property interest in particular
land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The
land use restrictions may also be enforced by DEQ through the remedies provided in NCGS §
130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having
jurisdiction over any part of the Brownfields Property; and by any person eligible for liability
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protection under the Brownfields Property Reuse Act who will lose liability protection if the
restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the
Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement
by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of
the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the
same violation or as to one occurring prior or subsequent thereto.
FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Brownfields Property is sold, leased, conveyed or transferred,
pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the
description section, in no smaller type than that used in the body of the deed or instrument, a
statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a
Brownfields Property under the Brownfields Property Reuse Act.
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IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this day of , 20
Lo
NORTH CAROLINA
COUNTY
Progress Ct Owner, LLC
Gabriel Guillois
Member and Authorized Signatory of Progress Ct
Owner, LLC
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Date:
Official Signature of Notary
(Official Seal) Notary's printed or typed name, Notary Public
My commission expires:
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************************************
ACKNOWLEDGMENT OF PROPERTY OWNER
As the current owner, or representative of said owner, of at least part of the Brownfields
Property, I hereby acknowledge recordation of this Notice of Brownfields Property and the land
use restrictions contained herein.
EEM Phase 2 Land LLC
Name typed or printed
Progress Ct Phase 1 LLC
C
Date
Name typed or printed Date
NORTH CAROLINA
COUNTY
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Date:
Official Signature of Notary
Notary's printed or typed name, Notary Public
(Official Seal) My commission expires:
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APPROVAL AND CERTIFICATION OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
The foregoing Notice of Brownfields Property is hereby approved and certified.
North Carolina Department of Environmental Quality
Bruce Nicholson, Chief Date
Brownfields Redevelopment Section
Division of Waste Management
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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: Progress Ct Owner, LLC
UNDER THE AUTHORITY OF THE
BROWNFIELDS PROPERTY REUSE ACT
OF 1997, NCGS § 130A-310.30, et seq.
Brownfields Project No. 23078-19-092
I. INTRODUCTION
BROWNFIELDS AGREEMENT re:
Progress Court
2000, 2001, 2020 Progress Court
2006, 2010, 2012, 2014, 2016, 2018,
2028, 2030, 2032, 2034, 2038, 2040
Wake Forest Road
1007 & 1017/ 1019/ 1021 E. Whitaker
Mill Road
Raleigh, Wake County
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and Progress Ct Owner, LLC (collectively the
"Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
seq. (the "Act") for the property located at 2000, 2001, 2020 Progress Court, 2006, 2010, 2012,
2014, 2016, 2018, 2028, 2030, 2032, 2034, 2038, 2040 Wake Forest Road 1007 &
1017/1019/1021 E. Whitaker Mill Road, Raleigh, Wake County (the `Brownfields Property"). A
map showing the location of the Brownfields Property that is the subject of this Agreement is
attached hereto as Exhibit 1.
The Prospective Developer is Progress Ct Owner, LLC, a limited liability company,
headquartered at 4242 Six Forks Road Suite 820, Raleigh, NC, 27609. Its manager is Progress
Ct JV, LLC, and its authorized signatory is Gabriel Guillois, Member of the same address.
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The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section X (Certification), Section XI (DEQ's Covenant Not to Sue and
Reservation of Rights) and Section XII (Prospective Developer's Covenant Not to Sue), the
potential liability of Progress Ct Owner, LLC for contaminants at the Brownfields Property.
The Parties agree that Progress Ct Owner, LLC's entry into this Agreement, and the
actions undertaken by Progress Ct Owner, LLC in accordance with the Agreement, do not
constitute an admission of any liability by Progress Ct Owner, LLC for contaminants at the
Brownfields Property. The resolution of this potential liability, in exchange for the benefit
Progress Ct Owner, 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 Progress Ct Owner, LLC.
III. BROWNFIELDS PROPERTY INFORMATION SUMMARY
3. Relevant information about the history, ownership, and uses of the Brownfields
Property is provided in the following summary table. Refer to the Exhibit 2 to this Agreement
that presents data table(s) of the contaminants present at the Brownfields Property at
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concentrations above their applicable standards or screening levels for each media sampled.
BROWNFIELDS PROPERTY INFORMATION SUMMARY
2000, 2001, 2020 Progress Court (PIN 1714196735,
1714196409 & 1714198573)
2006, 2010, 2012, 2014, 2016, 2018, 2028, 2030, 2032, 2034,
Parcel Address(es) & Parcel
2038, 2040 Wake Forest Rd ( 1714193363, 1714192379,
IDs
1714192453, 1714192468, 1714192553, 1714193587,
1714193767, 1714191797,1714194824, 1714192865,
1714191970, 1714190977),
1007 & 1017/1019/1021 E. Whitaker Mill Road (PIN
1714194255,1714197266)
Acreage
11.120 Acres
EEM Phase 2 Land LLC : Parcels 1714196735, 1714196409,
1714193363,1714192379,1714192453,1714192468,
Current Property Owner
1714192553, 1714193587, 1714193767, 1714191797,
1714194824, 1714192865, 1714191970, 1714190977, and
1714194255, Progress Ct. Phase 1 Owner LLC Parcels
1714198573 and 1714197266
2000 Progress Court- Vacant
2001 Progress Court - Commercial building
2020 Progress Court - Commercial building
2006, 2010, 2012, 2014, 2016, 2030, 2034 & 2038 Wake
Current Land Use(s)
Forest Road - Vacant
2018, 2028, 2032 & 2040 Wake Forest Rd - Undeveloped
1007 Whitaker Mill Road - Vacant
1017/1019/1021 E. Whitaker Mill Road - Commercial, retail,
office, & warehousing
Site Vicinity Land Use(s)
Residential use to the north and west, and commercial uses to
the south and east.
Office, retail, warehousing, high density residential,
Proposed Reuse(s)
restaurant, parking, and subject to prior DEQ written
approval, other commercial uses.
Job creation, tax base increases, revitalization of blighted
areas, investment in smart growth through use of land in
Public Benefits of Reuse
already -developed area, reuse of a portion of an existing
structure to help maintain the historical characteristics of the
area and reduce the use of new construction materials
Existing Land Use
A Notice of Residual Petroleum (NORP) was filed on
Restrictions Prior to
November 15, 2004, at the Wake County Registry (Book
Brownfields Agreement
11079, Page 2749) for the 2020 Progress Court parcel that
restricts this portion of the property to industrial and
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BROWNFIELDS PROPERTY INFORMATION SUMMARY
commercial use only based on soil data collected from depths
ranging from 10 to 40 feet below a former underground
storage tank (UST). In coordination with the NC UST
Section, upon the recordation of the Notice of Brownfields
Property with this Brownfields Agreement that prior land use
restriction will be superseded with the land use restrictions
herein.
ENVIRONMENTAL INFORMATION SUMMARY
Two petroleum USTs were located on one parcel (2020
Progress Court) of the Brownfields Property, which were
used by the West Brothers Transfer Company; these USTs
were removed in 1996 (NC UST Section Incident No. 22588).
Soil contamination was detected from depths of 10 feet below
ground surface (bgs) to 40 ft bgs. The incident was granted
No Further Action status on November 15, 2004 and this
residual contamination prompted the filing of a NORP on this
area of the Brownfields Property that prohibited residential
Historical Operations &
use; however, due to the localized area, the depth of the
Contaminant Sources
contaminants, and the passage of time in which there has
likely been natural attenuation of these petroleum
contaminants, it is unlikely that exposure to this material
would occur.
Note that a UST is presumed to be present beneath the
building located at 1017/1019/1021 E. Whitaker Mill Road.
The UST is inaccessible and not feasible to be removed based
on PD's redevelopment plans. Its disposition will be
addressed under the Environmental Management Plan.
Stating in December 2020, Prospective Developer
commenced redevelopment activities on Phase I of the
Brownfields Property, including refurbishing an existing
warehouse, conducting limited building demolition and
construction of a new building, and limited earthwork.
Current Operations/Activities
Prospective Developer has recently completed demolition
activities on Phase II of the planned redevelopment pursuant
to a DEQ-approved Environmental Management Plan and is
using a limited portion of Phase II of the Brownfields
Property for parking.
Contaminated Media
Soil: Arsenic and hexavalent chromium were detected above
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ENVIRONMENTAL INFORMATION SUMMARY
their respective Preliminary Residential Health -Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of
DEQ's Superfund Section for July 2023. Arsenic is present at
concentrations consistent with typical naturally occurring
background. Residual petroleum hydrocarbons were detected
at depth of 10-40 ft bgs in the former UST area in excess of
UST section action levels.
Groundwater: bis (2-ethylexyl) phthalate and petroleum
hydrocarbons were detected above their respective NC2L
Groundwater standards.
Exterior Soil Gas: Chloroform & naphthalene were detected
above their respective Residential Vapor Intrusion Screening
Level (VISL). The compounds 1,3 dichlorobenzene, 1,2
dichloro- 1, 1,2,2-tetrafluoroethane, ethanol, 4-ethyltoluene,
and trichlorofluoromethane were also detected, but there are
no established VISLs for these compounds. Dibromoethane
had detection limit over Residential VISL.
Sub -Slab Soil Gas: Chloroform was detected above its
Residential VISL. The compounds cyclohexane, 1,3-
dichlorobenzene, 1,2- dichlorotetrafluroethane, 1,2-dichloro-
1,1,2,2-tetrafluoroethane, ethanol, 4-ethyltoluene, and
trichlorofluoromethane were also detected, but there are no
established VISLs for these compounds. The detection limit
of dibromoethane was over its Residential VISL.
Indoor Air: Indoor air samples were not collected based on
the low detections of volatile organic compounds in the sub -
slab vapor results.
Surface Water/Sediment: No surface water nor sediment
sources are located on the Brownfields Property.
ID Numbers/Permits
UST Incident number 22588
Onsite Receptors Considered
Residents, non-residential workers, construction workers, and
trespassers.
Potential Offsite Receptors
i. Water supply wells: None
Considered
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ENVIRONMENTAL INFORMATION SUMMARY
ii. Residential structures, churches, or childcare centers:
Residential homes are present to the north and west of the
Brownfields Property.
iii. Surface water: None
Potential offsite migration
Groundwater: None known
pathways
Soil Vapor: None Known
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
Groundwater &
Phase I Limited Site Assessment Report
Environmental Services
August 6, 2004
of NC, Inc.
Phase I Environmental Site Assessment
Mid -Atlantic Associates,
October 3, 2018
Inc.
Report of Phase II Environmental Site
ECS Carolinas, LLP
October 14, 2014
Assessment
Phase I Environmental Site Assessment
Mid -Atlantic Associates,
Report, Progress Court Parcel
Inc.
November 27, 2019
Assemblage
Phase I Environmental Site Assessment
Mid -Atlantic Associates,
April 15, 2020
Inc.
Phase II Environmental Site
Mid —Atlantic Associates,
Assessment, West Brothers Transfer
Inc.
April 21, 2020
(East End Market)
Phase II Environmental Site Assessment
Mid —Atlantic Associates
Addendum I West Bros. Transfer (East
Inc.
October 21, 2021
End Market
Phase II Environmental Site Assessment
Mid —Atlantic Associates,
January 20, 2022
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Title
Prepared by
Date of Report
Groundwater &
Phase I Limited Site Assessment Report
Environmental Services
August 6, 2004
of NC, Inc.
Addendum II, West Bros. Transfer (East
Inc.
End Market)
Data Gap Assessment, Phase II
Mid -Atlantic Associates,
Redevelopment — Wake Forest and
Inc.
March 10, 2022
Whitaker Mill Roads
Redevelopment Summary Report
Mid -Atlantic Associates,
April 12, 2023
Inc.
NC Brownfields Redevelopment
Mid -Atlantic Associates,
Section — Receptor Survey, West Bros
Inc.
June 16, 2023
Transfer
b. Other available reports:
Title
Prepared by
Date of Report
West Brothers
Notice of No Further Action
Transportation Inc.
November 15, 2004
IV. PROSPECTIVE DEVELOPER'S INVOLVEMENT
5. For purposes of this Agreement DEQ relies on Prospective Developer's
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, conducting transactional
due diligence activities, preparing and submitting to DEQ a Brownfields Property Application
(BPA) dated December 4, 2019, and the following:
a. EEM Phase 2 Land, LLC and Progress Ct Phase I Owner, LLC are entities
having some common ownership with Prospective Developer.
b. EEM Phase 2 Land, LLC acquired the following parcels on June 25, 2021:
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Numbers 1714196735, 1714193363, 1714192379, 1714192453, 1714192468, 1714192553,
1714193587,1714193767,1714191797,1714194824,1714192865,1714191970,1714190977,
1714194255, and on October 25, 2022, EEM Phase 2 Land, LLC acquired Parcel No.
1714196409;
c. On February 9, 2021, Progress Ct Phase I Owner, LLC acquired Parcel No.
1714197266, and on April 8, 2021, Progress Ct Phase I Owner, LLC acquired Parcel No.
1714198573;
d. Starting in December 2020, the Prospective Developer commenced
redevelopment work on the Phase I of the planned redevelopment activities, which included
refurbishing of an existing warehouse, limited building demolition, construction of a new 25,000
square foot building on the southeastern corner of the Brownfields Property, and limited
earthwork under a DEQ-approved Environmental Management Plan (EMP) required by
subparagraph 12.c. below, which was signed November 2, 2020.
e. Starting June 2021, the Prospective Developer commenced redevelopment
activities on Phase II of the planned redevelopment, which will include the construction of
multiple office and residential buildings with ground floor retail and shared parking structures
under a DEQ approved EMP required by subparagraph 12.c. below, which was signed on March
18, 2022.
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:
Progress Court /23078-19-092/20231121

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. a return to productive use of the Brownfields Property;
b. an increase in the Brownfields Property's productivity;
c. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
d. the creation of over 350 jobs during redevelopment and at least 50 full-time
jobs after redevelopment is completed;
e. an increase in tax revenue for affected jurisdictions;
f. additional office, retail, warehousing, high density residential, restaurant and
parking space for the area; and subject to prior DEQ written approval, other commercial uses.
g. "smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe ("greenfields"); and
h. reuse of a portion of an existing structure, which helps maintain the historic
characteristics of the area and reduces the amount of new construction materials used and/or
disposed of for the development.
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)
10
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, are (each as embodied in its most current version):
Section;
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Redevelopment Section Assessment Work Plan Checklist; and
d. the Brownfields Survey Plat Checklist.
10. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) credit categories incorporated into the U.S. Green Building Council
Leadership in Energy and Environmental Design (LEED) certification program (Integrative
Process, Location and Transportation, Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Innovation, and Regional
Priority), or a similar program.
11. Based on the information in the Environmental Reports, other available information,
and subject to imposition of and compliance with the land use restrictions set forth below, and
subject to Section XI of this Agreement (DEQ's Covenant Not to Sue and Reservation of
Rights), DEQ is not requiring Prospective Developer to perform any active remediation at the
Brownfields Property other than remediation that may be required pursuant to a DEQ-approved
Environmental Management Plan (EMP) as specified in subparagraph 12.c. below.
VII. LAND USE RESTRICTIONS
12. By way of the Notice of Brownfields Property referenced below in paragraph 16,
11
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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. As referenced in paragraph 3 above for PIN 1714198573 (2020 Progress Court),
the Notice of Residual Petroleum, previously recorded pursuant to N.C. Gen. Stat. § 143B-279.9
and N.C. Gen. Stat. § 143B-279.11 in the Wake County Register of Deeds, Book 11079, Page
2749, on November 15, 2004, shall immediately be SUPERSEDED upon the filing of the Notice
of Brownfields Property. 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 office, retail,
warehousing, high density residential, restaurant, parking, and subject to prior DEQ written
approval, other commercial uses. These land uses, and their definitions below apply solely for
purposes of this Agreement, and do not waive any local zoning, rule, regulation, or permit
requirements:
provided.
i. "Office" is defined as a place where business or professional services are
ii. "Retail" is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
open air markets, festivals, food halls, and the sales of food and beverage products, including
from mobile establishments such as food trucks.
iii. "Warehousing" is defined as the use of a commercial building for storage
12
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of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others,
and also refers to the storage of goods and materials for a specific commercial establishment of a
group of establishments in a particular type of industry or commercial activity.
iv. "High -Density Residential" is defined as for permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments
(including rental townhome-style apartments), group homes, dormitories or boarding houses, and
any property outside the dwelling structures is not privately owned as part of a particular unit (e.g.,
privately -owned courtyards are prohibited), and may include related amenities, such as pools,
clubhouses, courtyards, common areas, recreation areas and parking garages. Single family homes,
townhomes, duplexes or other units with yards are prohibited.
v. "Restaurant" is defined as a commercial business establishment that
prepares and serves food and beverages, including alcoholic beverages under all applicable local,
state, and federal regulations, to patrons.
vi. "Parking" is defined as the temporary accommodation of motor vehicles
in an area designed for same.
vii. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee, with the exception of childcare centers, adult care
centers or schools without prior written approval of DEQ.
viii. "Townhome" is defined as a residential unit that is individually owned
and is attached to one or more similar privately owned units via one or more common walls. It
may include a small amount of land ownership beyond the building footprint, such as a courtyard.
13
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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.
Environmental Management Plan
c. Physical redevelopment of the Brownfields Property may not occur other than
in accordance, as determined by DEQ, with an Environmental Management Plan (" BMP")
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;
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
14
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before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment.
Redevelopment Summary Report
d. No later than January 31 after each one-year anniversary of the effective date of
this Agreement for as long as physical redevelopment of the Brownfields Property continues
(except that the final deadline shall fall 90 days after the conclusion of physical redevelopment),
the then owner of the Brownfields Property shall provide DEQ a report on environment -related
activities since the last report, with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with Section
VI: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater, or other materials
suspected or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water, or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
Demolition Activities
15
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e. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced in
paragraph 16 below shall be in accordance with applicable legal requirements, including without
limitation those related to lead and asbestos abatement that are administered by the Health Hazards
Control Unit within the Division of Public Health of the North Carolina Department of Health and
Human Services.
Groundwater
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 12.a.
above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 12.c., or a plan approved in
writing in advance by DEQ.
Soil
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
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will be suitable for the uses specified in subparagraph 12.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 12.c.
v. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ, unless
conducted in accordance with an approved EMP as outlined in paragraph 12.c.
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 16 below, may be occupied until DEQ determines in writing that:
i. the building is or would be protective of the building's users and public
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health from the risk of vapor intrusion based on site assessment data, or a site -specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors into
building features in accordance with the most recent and applicable DWM Vapor Intrusion
Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American National
Standards Institute (ANSI)/American Association of Radon Scientists and Technologists
(AARST) standards, or alternative standards approved in writing in advance by DEQ, and that a
professional engineer licensed in North Carolina, as evidenced by said engineer's professional
seal, is satisfied that the design is fully protective of public health, and shall include a performance
monitoring plan detailing methodologies and schedule, both of which are subject to prior written
DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as -built diagrams, photographs, and a description of the installation, with
said engineer's professional seal confirming that the engineer is satisfied that the system was
installed per the DEQ approved design. If any deviations from the system design were necessary
during installation, then the report shall include details on said deviations, as well as the engineer's
seal certifying the VIMS, as installed, was installed in such a manner so as to be fully protective
of public health.
Property Access
IN
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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.
Notifications 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 Wake County land records,
Book , Page .19A 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
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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:
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. for vehicle maintenance, service, car wash and body work in
compliance with applicable law (though vehicle parts and tools may not be washed in chlorinated
20
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solvents containing any contaminants known to be present in the environmental media at the
Brownfields Property);
iv. in products or materials that are brought onto the Brownfields
Property, kept in their original packaging or containers (that is, not used or repackaged) and later
removed from the Brownfields Property in the original packaging or containers; and
v. as constituents of products and materials customarily used and stored in
office, retail, warehousing, high density residential, restaurant, parking, and subject to prior DEQ
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 16 is recorded, the owner of any part of the Brownfields Property as of 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 Wake County, certifying that, as of said January
1 st, the Notice of Brownfields Property containing these land use restrictions remains recorded at
the Wake County Register of Deeds office and that the land use restrictions are being complied
with. If ownership of any portion of the Brownfields Property is transferred, the grantor shall
submit a LURU (as outlined above) which covers the period of time they owned such portion of
the Brownfields Property during the calendar year of the transfer. The submitted LURU shall state
the following:
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i. the Brownfields Property address, and the name, mailing address,
telephone number, and contact person's e-mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a joint
LURU is submitted, acquired any part of the Brownfields Property during the previous calendar
year;
ii. the transferee's name, mailing address, telephone number, and contact
person's e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year; and
iii.. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 12.h paragraph 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 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 subparagraph 121 and paragraphs 17 and 18 of this
Agreement; provided that if standard form leases or riders are used in every instance, a copy of
such standard form lease or rider may be sent in lieu of copies of actual leases;
v. A property owners' association or other entity may perform this LURU duty,
on behalf of some or all owners of the Brownfields Property, if said association or entity has
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accepted responsibility for such performance pursuant to a notarized instrument satisfactory to
DEQ that includes at a minimum, the Brownfields Property address, and the name, mailing
address, telephone number, and e-mail address of each owner on whose behalf the LURU is
proposed to be submitted.
13. The desired result of the above -referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in this Agreement while fully protecting
public health and the environment.
14. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VIII. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
15. In addition to providing access to Brownfields Property pursuant to subparagraph
12.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
23
Progress Court /23078-19-092/20231121

such other property except in response to emergencies and/or imminent threats to public health
and the environment. While Prospective Developer owns the Brownfields Property, DEQ shall
provide reasonable notice to Prospective Developer of the timing of any response actions to be
undertaken by or under the oversight of DEQ at the Brownfields Property. Except as may be set
forth in the Agreement, DEQ retains all of its authorities and rights, including enforcement
authorities related thereto, under the Act and any other applicable statute or regulation, including
any amendments thereto.
16. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property ("Notice") for the Brownfields Property containing, inter alia, the land use restrictions
set forth in Section VII (Land Use Restrictions) of this Agreement and a survey plat of the
Brownfields Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date
of this Agreement, Prospective Developer shall file the Notice in the Wake County, North
Carolina, Register of Deeds' Office. Within three (3) days thereafter, Prospective Developer
shall furnish DEQ a copy of the documentary component of the Notice containing a certification
by the register of deeds as to the Book and Page numbers where both the documentary and plat
components of the Notice are recorded, and a copy of the plat with notations indicating its
recordation.
17. This Agreement shall be attached as Exhibit A to the Notice. Subsequent to
recordation of said Notice, any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: "This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Wake
24
Progress Court /23078-19-092/20231121

County land records, Book , Page .55A 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 as to leasehold interests: (i) If every lease or rider
is identical in form, Prospective Developer may provide DEQ with copies of a form lease or
rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed
leases, to the persons listed in Section XVII (Notices and Submissions); or (ii) Prospective
Developer may provide abstracts of leases, rather than full copies of said leases, to the persons
listed in Section XVII.
18. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
IX. DUE CARE/COOPERATION
19. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation.
In the event the Prospective Developer becomes aware of any action or occurrence which causes
25
Progress Court /23078-19-092/20231121

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
20. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
subparagraph 12.a. of this Agreement. Prospective Developer also certifies that to the best of its
knowledge and belief it has fully and accurately disclosed to DEQ all information known to
Prospective Developer and all information in the possession or control of its officers, directors,
employees, contractors and agents which relates in any way to any past use of regulated
substances or known contaminants at the Brownfields Property and to its qualification for this
Agreement, including the requirement that it not have caused or contributed to the contamination
at the Brownfields Property.
XI. DEQ'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
21. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
all
Progress Court /23078-19-092/20231121

b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
27
Progress Court /23078-19-092/20231121

public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
22. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
23. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
24. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 21 through 23, apply to all of the persons listed in NCGS
§ 130A-310.33, including future owners of the Brownfields Property, to the same extent as
W.
Progress Court /23078-19-092/20231121

Prospective Developer, so long as these persons are not otherwise potentially responsible parties
or parents, subsidiaries, or affiliates of potentially responsible parties.
XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
25. In consideration of DEQ's Covenant Not To Sue in Section XI of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above -referenced Notice of Brownfields Property.
XIII. PARTIES BOUND
26. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party's signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XIV. DISCLAIMER
27. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer's duty to seek applicable permits or of the provisions of NCGS
29
Progress Court /23078-19-092/20231121

§ 130A-310.37.
28. Except for the land use restrictions set forth in paragraph 12 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
29. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
30
Progress Court /23078-19-092/20231121

documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XVI. PAYMENT OF ENFORCEMENT COSTS
30. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section VI (Work to be Performed) and Section
VII (Land Use Restrictions), it shall be liable for all litigation and other enforcement costs
incurred by DEQ to enforce this Agreement or otherwise obtain compliance.
XVII. NOTICES AND SUBMISSIONS
31. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information or delivery method, all notices and submissions pursuant to this
Agreement shall be sent by prepaid first-class U.S. Mail or courier service, as follows:
a. for DEQ:
Brownfields Property Management Branch (or successor in function)
N.C. Division of Waste Management
Brownfields Redevelopment Section
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:
Gabriel Guillois, Member
Progress Ct Owner, LLC
c/o SLI Capital, LLC
2020 Progress Ct Suite 130 A
Raleigh, NC 27608
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
31
Progress Court /23078-19-092/20231121

written evidence of date of receipt shall be effective on such date.
XVIII. EFFECTIVE DATE
32. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ's approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in NCGS § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and to invalidate its signature on this Agreement.
XIX. TERMINATION OF CERTAIN PROVISIONS
33. If any Party believes that any or all of the obligations under Section VIII
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XX. CONTRIBUTION PROTECTION
34. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
32
Progress Court /23078-19-092/20231121

Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
35. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
36. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XXI. PUBLIC COMMENT
37. This Agreement shall be subject to a public comment period of at least 30 days
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.
33
Progress Court /23078-19-092/20231121

IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Bruce Nicholson Date
Chief, Brownfields Redevelopment Section
IT IS SO AGREED:
Progress Ct. Owner LLC
By:
Gabriel Guillois Date
Member and Authorized Signatory of Progress Ct Owner, LLC
34
Progress Court /23078-19-092/20231121

Fxhihit 1
a
REFERENCES:
1. RALEIGH WEST, NC & RALEIGH EAST, NC DIGITAL RASTER GRAPHICS,
USGS. SCANNED FROM1:24,000-SCALE RALEIGH WEST, NC & RALEIGH EAST, NC
TOPOGRAPHIC MAPS, PUBLISHED 2013, USGS.
2. INSET MAP DIGITAL DATA FROM 2002 NATIONAL TRANSPORTATION ATLAS,
BUREAU OF TRANSPORTATION STATISTICS, WASHINGTON, D.C.
3. PROPERTY BOUNDARY DATA FROM WAKE COUNTY GIS.
TOPOGRAPHIC SITE MAP
Mid Atlantic WEST BROS. TRANSFER
Engineering& Envirenmemal Solutions RALEIGH, NORTH CAROLINA
SCALE: 1:12,000
Feet
0 1,000 2,000
DRAWN
DATE:
BY: GCH
NOVEMBER 2019
DRAFT
JOB NO:
CHECK:
OOOR3224.01
ENG.
GIS NO:
CHECK:
06G-R3224.01-1
APPROVAL:
DWG NO: 1.1

Exhibit 2
Brownfields Property Name: Progress Court
Brownfields Project Number: 23078-19-092
The following table sets forth, for contaminants present at the Brownfields Property
above unrestricted use standards or screening levels as reported in the Environmental Reports in
paragraph 4 of the Brownfields Agreement to which this is an exhibit, the concentration found at
each sample location, and the applicable standard or screening level. Screening levels and
standards are shown for reference only and are not set forth as cleanup or mitigation levels for
purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
the standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, or the 2L Groundwater Interim Maximum Allowable
Concentrations (IMACS) (January 2023 version):
Groundwater
Sample
Date of
Concentration
Standard
Exceeding
Contaminant
Location
Sampling
Gtg/L)
Standard /L
Bis (2-ethylexyl)
MW-1
6/23/2004
27
3
phthalate
Petroleum
Hydrocarbons, C9-
MW-1
6/23/2004
400
200
C22 Aromatics
Progress Court/23078-19-092/20231121

GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are contained
in the Division of Waste Management Vapor Intrusion Guidance, Residential Vapor Intrusion
Screening Levels (VISL) (July 2023 version):
Groundwater
Concentration
Residential VI
Contaminant with
Sample
Date of
Exceeding
Screening
Potential for Vapor
Location
Sampling
Screening
Level'
Intrusion
Level (µg/L)
(µg/L)
Petroleum
Hydrocarbons
MW-1
6/23/2004
300
0.15
Aliphatic medium
C9-C 18
Petroleum
Hydrocarbons
MW-1
6/23/2004
400
48
Aromatic medium
(C9-C 10)
1 Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
Progress Court/23078-19-092/20231121
2

SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Residential Health -Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (July
2023):
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Level'
(mg/kg)
CS-1
(Composite)
3
4/9/2020
2.8
CS-2
(Composite)
3-7
4/9/2020
3.3
SS-1
5
4/9/2020
4.3
SS-2
5
4/9/2020
2.5
Duplicate SS-2
5
4/9/2020
2.7
A s
3
1/6/2022
2.1
A d
9
1/6/2022
1.08 J
B
2
1/6/2022
1.15
Arsenic
0.68
C
3.5
1/6/2022
1.45
D
2.5
1/6/2022
1.42
E (Duplicate)
1.5
1/6/2022
1.05J
F
2
1/6/2022
0.859J
G
1
1/6/2022
1.05J
SS-1
1
1/6/2022
2.14
SS-2
1
1/6/2022
2.76
SS-2
(Duplicate)
1
1/6/2022
2.04
Hexavalent
Chromium
SS-2
5
4/9/2020
0.477J
0.31
A d
9
1/6/2022
0.54J
4-Isopropyltoluene
E
1.5
1/6/2022
0.011
NSE
E (Duplicate)
1.5
1/6/2022
0.014
Petroleum
MW-1
0-10
6/23/2004
44
MW-1
10-20
6/23/2004
4700
Hydrocarbons,
Aliphatic Medium
20
MW-1
20-30
6/23/2004
3000
(C9-C18)
MW-1
30-40
6/23/2004
2700
Petroleum
MW-1
10-20
6/23/2004
3020
Hydrocarbons,
Aromatic Medium
(C9-C22)
62
MW-1
20-30
6/23/2004
1980
MW-1
30-40
6/23/2004
2030
Progress CourU23078-19-092/20231121

'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.
2NSE — No screening level established.
Progress Court/23078-19-092/20231121

EXTERIOR SOIL GAS
Exterior soil gas contaminants in micrograms per cubic meter, the screening levels for
which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (July 2023):
Exterior Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening Level
(Vg/M3)/m3
Residential
Screening
Level'
Chloroform
ESG-1
1/10/2022
14
4.1
ESG-4
1/10/2022
8.6
ESG-7
1/10/2022
6.7
ESG-8
1/10/2022
5.2
1,3-Dichlorobenzene
SG-1 /DUP
4/9/2020
3.0/4.0
NSE
ESG-5
1/10/2022
0.72J
ESG-6
1/10/2022
0.60J
ESG-7
1/10/2022
1.3
ESG-9
1/10/2022
0.84J
ESG-10
1/10/2022
0.911
ESG-11
1/10/2022
0.65J
1,2-Dichloro- 1, 1,2,2-
tetrafluoroethane
SG-1 /DUP
4/9/2020
12.7/ 12.9
NSE
ESG-1
1/10/2022
0.59J
ESG-2
1/10/2022
1.3 J
ESG-3/DUP
1/10/2022
0.95J/1.3J
Ethanol
ESG-1
1/10/2022
40
NSE
ESG-2
1/10/2022
48
ESG-3/DUP
1/10/2022
76/43
ESG-4
1/10/2022
39
ESG-5
1/10/2022
35
ESG-6
1/10/2022
37
ESG-7
1/10/2022
32
ESG-8
1/10/2022
54
ESG-9
1/10/2022
59
ESG-10
1/10/2022
50
ESG-11
1/10/2022
34
4-Ethyltoluene
SG-1/DUP
4/9/2020
4.3J/4.3J
NSE
ESG-4
1/10/2022
8.5
ESG-7
1/10/2022
15
ESG-8
1/10/2022
15
ESG-9
1/10/2022
0.31J
Naphthalene
SG-1 /DUP
4/9/2020
6.2/6.2
2.8
Progress CourU23078-19-092/20231121

Exterior Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening Level
/m3
Residential
Screening
Level'
/m3
Trichlorofluoromethane
SG-1/DUP
4/9/2020
1.5J/1.5J
ESG-1
1/10/2022
1.4J
ESG-2
1/10/2022
1.2J
ESG-3/DUP
1/10/2022
1.3J/1.4J
ESG-4
1/10/2022
2.3J
ESG-5
1/10/2022
2.9JNSE
ESG-6
1/10/2022
47
ESG-7
1/10/2022
1.3J
ESG-8
1/10/2022
2.5J
ESG-9
1/10/2022
1.6J
ESG-10
1/10/2022
1.2J
ESG-11
1/10/2022
1.4J
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.2 Acetone was detected in
every sub -slab sample collected; however, because acetone is a common analytical laboratory introduced
compound, the Soil Gas Screening Level (SGSL) for acetone is no longer being published. The most
recent Residential SGSL for acetone was 220,000 µg/m3 and none of the detected concentrations
exceeded this level. Therefore, acetone data are not summarized on this table, but remain available in the
reports related to this property.
Progress Court/23078-19-092/20231121
6

SUB -SLAB VAPOR
Sub -slab vapor contaminants in micrograms per cubic meter, the screening levels for
which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (July 2023):
Sub -Slab Vapor
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level /m3
Residential
Screening
Level'
/m3
Chloroform
SSSG-2
3/3/2021
5.94
4.1
1,3-Dichlorobenzene
SSSG-2
1/10/2022
0.36J
NSE
1,2
Dichlorotetrafluoroethane
SSSG-10
3/3/2021
2.80J
NSE
1,2-Dichloro- 1, 1,2,2-
tetrafluoroethane
SSSG-1
12/22/2021
3.8
N S E
SSSG-2
12/22/2021
1.6
SSSG-9
12/22/2021
0.87J
Ethanol
SSSG-1
12/22/2021
430
N S E
SSSG-2
12/22/2021
240
SSSG-
3/DUP
12/22/2021
640/530
4-Eth ltoluene
SSSG-6
3/3/2021
1.03J
NSE
Trichlorofluoromethane
SSSG-1
3/3/2021
1.74J
NSE
SSSG-2
3/3/2021
2.05J
SSSG-3
3/3/2021
2.09J
SSSG-4
3/3/2021
1.811
SSSG-5
3/3/2021
2.16J
SSSG-6
3/3/2021
2.06J
SSSG-7
3/3/2021
2.26J
SSSG-9
12/22/2021
1.2J
SSSG-
10/DUP
3/3/2021
2.25J/<0.433
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
2Acetone was detected in every sub -slab sample collected; however, because acetone is a common
analytical laboratory introduced compound, the Soil Gas Screening Level (SGSL) for acetone is no longer
being published. The most recent Residential SGSL for acetone was 220,000 µg/m3 and none of the
detected concentrations exceeded this level. Therefore, acetone data are not summarized on this table, but
remain available in the reports related to this property.
Progress Court/23078-19-092/20231121
7

0_
M
N
0
N
N
N
0
Z
LEGEND GENERAL NOTES SURVEYOR CERTIFICATION
EIP O EXISTING IRON PIPE
EIR O EXISTING IRON ROD 1. THIS SURVEY MAP IS INTENDED TO REPRESENT A BROWNFIELDS SURVEY OF THE PROPERTY CURRENTLY OWNED BY PROGRESS CT 1, JORDAN M. SCHOFF, PLS, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM
PHASE 1 OWNER LLC AND EEM PHASE 2 LAND LLC. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A 777LE REPORT AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED IN BOOK -AS-
MW Q MONITORING WELL — — — — — — — — — I AND THEREFORE ALL ENCUMBRANCES UPON THE PROPERTY MAY NOT BE SHOWN. -SHOWN-, etc), THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM
SOIL SAMPLE — J 2. HORIZONTAL DATUM IS NAD 83 (2011). BASED ON GPS METHODS USING REAL-TIME KINEMATIC SOLUTIONS FOR THE SURVEY INFORMA7ON FOUND IN BOOK -AS- -SHOWN THAT THE RATIO OF PRECISION AS CALCULATED
IS 1:10,000+; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G. S 47-JO AS AMENDED.
® SOIL GAS SAMPLE
MILLS ST. CONTROL POINTS SHOWN HEREON AND 77ED TO NORTH CAROLINA GEODE77C SURVEY MONUMENT NOSWIM AZ MK" AS SHOWN. WITNESS MY ORIGINAL SIGNATURE, LICENSE NUMBER AND SEAL THIS -_- DAY OF
• SUB -SLAB VAPOR SAMPLE 60' PUBLIC RAW 3. THE SUBJECT PROPERTY IS ZONED DX-20" (PER WAKE COUNTY IMAPS). A.D., 202-.
BROWNFIELDS PROPERTY LINE
- — — — — — — - PROPERTY LINE — — — _ _ _ 4. THE SUBJECT PROPERTY LIES IN ZONE X (AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE AND FUTURE COND17IONS 1, JORDAN M. SCHOFF, CERTIFY THAT
T 1% ANNUAL CHANCE FLOODPLAIN), BASED ON THE FLOOD INSURANCE RATE MAP J720171400K DATED 07-19-2022. C-1: THIS SURVEY IS OF EXIS77NC PARCELS OF LAND AND DOES NOT CREATE A NEW STREET OR
EASEMENT LINE I I T — - CHANGE AN EXISTING STREET.
\ \ WILLIAM PARKS I I I \ 5. ALL AREAS COMPUTED USING COORDINATE GEOMETRY. ALL DISTANCES ARE HORIZONTAL GROUND AND U.S SURVEY FEET. ,,1511111, DB 16724 PG. 595 I I PRELIMINARY PLAT CARo"**
\ PIN 1715100097 I c > 4 d I I 6. THE AREAS AND TYPES OF CONTAMINA77ON DEPICTED HEREON ARE APPROXIMA77ONS DERIVED FROM THE BEST AVAILABLE �.** '(N ��
OGY JIN OE \ 2046 WAKE FOREST RD Q v v I INFORMATION AT THE TIME OF FILING. A LISTING OF THE TECHNICAL REPORTS USED TO PREPARE THIS PLAT ARE AVAILABLE IN O� ..••
PE VERC I Q o CO I W I THE BROWNFIELDS AGREEMENT FOR THIS PROPERTY. --------- �� : • E�S /S� �7 '•.
WILLIAM4A� pG. 123 \ — — — — — — — — — — -I I = c� N I Q o h I JORDAN M. SCHOFF I =� F 1 O • p8 151715008DE5T RD \ \ SARAH G CARLTON Q ^ v I o 7. SEE SHEET 2 OF 4 FOR LAND USE RESTRICTIONS PROFESSIONAL LAND SURVEYOR •
pINWAKE FOR N8546 39 E DB 16171 PG. 2062 I = ^ ^ o I o o ^ g a o J I LICENSE NUMBER L-4939 L- 493
2D43 PIN 1715100062 I Z = _ o o I o ^ � I 8. SEE SHEET 3 OF 4 AND 4 OF 4 FOR DATA TABLES 9
�\ 48.89 2042 WAKE FOREST RD c' o I 3 m W m°j _rn C-
RIS E mamma°' Q'vv I
EME EN 8RPG. 6g5 \ EIP I I o I _zko a I I g= I = I I %,Oq '••.....••' G10�:
1856 G IV
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DO 1951 P $6 \ HASE 127. I I 3 rn I °p rn I Q n I 2 I .,,. M,,,,
BM 09g9 D EEM p C »' \P o v
PIN
1714 pREST R \ LAND LL 151p I I > _a p I J a h v I = W °" , I c� a^ n I 3¢ _ N I U W rn , I
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DB 14 1714Dg9E51 RD �\ o \ EEM
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PIN FORE
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\ CONSERVAT1ON AREA
\ DBPIN ill FOREST RD / \ a '2 LAND LAC
\ SE 149 ®ESG-7 � C � � BM 2021 PG. 187 /
2p2 ' \ EEM PHASED PG g1 2 LAND 4 EEM PHASE 2 LAND LLC ® ESG-2 / EIP
MA \ �„ DBPIN 17' FOREST RD ' / EEM F 18570 19'3767 EIP DB 18570 PG 1513
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\� MARIE HE 6g0 \ $ 2p3D � � pIN j71 FOREST PIN 1714196735 ACCESS EASEMENT S732537"W / 0 SSSG-1
KApB 112914pg9754 RD SM1 2028 WAKE 2000 PROGRESS CT D.B. 177QQ pc 9� 38.20' ■ G
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p019 WAKE FOREST RD \ EX \ o 0 SSSG-2
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PIN 1714099529 \ \ \ \ 3 V
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\\ \ \ \ \ N73 37'p2 EEM P jgSE PO 1486 \ EEM PHASE 2 LAND LLC �� �� �q,
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MAT7HEW EDWARD HORTON \ EIP DBPIN 17141FOREST RD \ \\ �`' 0 SSSG-4
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2015 WAKE FOREST RD \ o\ ' 2 LANDg3 \ \ 5' CONSERVATION l
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\ — / BM 2017 PG. 1564 /
/ PIN 171419JOBO \
1942 WAKE FOREST RD /
BOOK OF MAPS PAGE � \ /
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
TANGENT
CHORD
BEARING
C1
91.62'
275.93'
19b126"
46.23'
91.20'
N78.1856"W
C2
20.31'
25.00'
463250"
10.75'
19.76'
N445623'E
C3
99.32'
55.00'
1032756"
69.72'
86.36
N162849'E
C4
31.43'
278.55'
6 2753"
15.73'
31.41 '
S7938'07"W
Ing]
STEWART
5410 OLD POOLE RD FIRM LICENSE #: C-1051
RALEIGH, NC 27610 www.stewartinc.com
T 919.380.8750 PROJECT #: G22143
MILLS ST. Vicinity Map:
m
U SITE O
0 oQ
E. WHITAKER
MILL RD. (ID
NORTH
N.T.S.
Title:
EXHIBIT B TO THE NOTICE
OF BROWNFIELDS
PROPERTY - SURVEY PLAT
BROWNFIELDS PROJECT NAME:
PROGRESS COURT
BROWNFIELDS PROJECT #:
23078-19-092
PROSPECTIVE DEVELOPER:
Progress Ct Owner LLC
2000 Progress Court - PIN 1714-19-6735
OWNER = EEM Phase 2 Land LLC
2001 Progress Court - PIN 1714-19-6409
OWNER = EEM Phase 2 Land LLC
2020 Progress Court - PIN 1714-19-8573
OWNER = Progress Ct Phase 1 Owner LLC
2006 Wake Forest Road - PIN 1714-19-3363
OWNER = EEM Phase 2 Land LLC
2010 Wake Forest Road - PIN 1714-19-2379
OWNER = EEM Phase 2 Land LLC
2012 Wake Forest Road - PIN 1714-19-2453
OWNER = EEM Phase 2 Land LLC
2014 Wake Forest Road - PIN 1714-19-2468
OWNER = EEM Phase 2 Land LLC
2016 Wake Forest Road - PIN 1714-19-2553
OWNER = EEM Phase 2 Land LLC
2018 Wake Forest Road - PIN 1714-19-3587
OWNER = EEM Phase 2 Land LLC
2028 Wake Forest Road - PIN 1714-19-3767
OWNER = EEM Phase 2 Land LLC
2030 Wake Forest Road - PIN 1714-19-1797
OWNER = EEM Phase 2 Land LLC
2032 Wake Forest Road - PIN 1714-19-4824
OWNER = EEM Phase 2 Land LLC
2034 Wake Forest Road - PIN 1714-19-2865
OWNER = EEM Phase 2 Land LLC
2038 Wake Forest Road - PIN 1714-19-1970
OWNER = EEM Phase 2 Land LLC
2040 Wake Forest Road - PIN 1714-19-0977
OWNER = EEM Phase 2 Land LLC
1007 East Whitaker Mill Road - PIN 1714-19-4255
OWNER = EEM Phase 2 Land LLC
1017 East Whitaker Mill Road - PIN 1714-19-7266
OWNER = Progress Ct Phase 1 Owner LLC
RALEIGH TOWNSHIP, CITY OF RALEIGH
WAKE COUNTY, NORTH CAROLINA
DATE: NOVEMBER 21, 2023
SCALE: 1" = 70'
Revisions:
No. Date Description
01 11-22-2023 COMMENTS
Project number: G22143 Sheet:
Date: 11-21-2023
Drawn by: NMH 1 of 4
Checked by: JMS

LAND USE RESTRICTIONS
o'4
N
0
N
N
N
0
[THE FULL LAND USE RESTRICTIONS, WHICH CAN BE FOUND IN PARAGRAPH 12 OF THE BROWNFIELDS AGREEMENT OR IN THE LAND USE RESTRICTIONS SECTION OF THE NOTICE OF BROWNFILEEDS PROPERTY, WILL BE PRINTED HERE]
BOOK OF MAPS
PAGE
Rl� • � ��I 0••' 9 f�Y
L-493 ' ;
<P LA:�
:� -P •••.. SUR •.•••
FOR THE PURPOSES OF N. C. G. S. § 130A-310.35
BRUCE NICHOLSON, CHIEF DATE
BROWNFIELDS REDEVELOPMENT SECTION
DIVISION OF WASTE MANAGEMENT
STATE OF NORTH CAROLINA
COUNTY OF WAKE
r , "A
STEWART
5410 OLD POOLE RD FIRM LICENSE #: C-1051
RALEIGH, NC 27610 www.stewartinc.com
T 919.380.8750 PROJECT #: G22143
MILLS ST. Vicinity Map:
D
F
m
-n
0
n SITE a
0 oQ
E. WHITAKER
MILL RD.
NORTH
N.T.S.
Title:
EXHIBIT B TO THE NOTICE
OF BROWNFIELDS
PROPERTY - SURVEY PLAT
BROWNFIELDS PROJECT NAME:
PROGRESS COURT
BROWNFIELDS PROJECT #:
23078-19-092
PROSPECTIVE DEVELOPER:
Progress Ct Owner LLC
2000 Progress Court - PIN 1714-19-6735
OWNER = EEM Phase 2 Land LLC
2001 Progress Court - PIN 1714-19-6409
OWNER = EEM Phase 2 Land LLC
2020 Progress Court - PIN 1714-19-8573
OWNER = Progress Ct Phase 1 Owner LLC
2006 Wake Forest Road - PIN 1714-19-3363
OWNER = EEM Phase 2 Land LLC
2010 Wake Forest Road - PIN 1714-19-2379
OWNER = EEM Phase 2 Land LLC
2012 Wake Forest Road - PIN 1714-19-2453
OWNER = EEM Phase 2 Land LLC
2014 Wake Forest Road - PIN 1714-19-2468
OWNER = EEM Phase 2 Land LLC
2016 Wake Forest Road - PIN 1714-19-2553
OWNER = EEM Phase 2 Land LLC
2018 Wake Forest Road - PIN 1714-19-3587
OWNER = EEM Phase 2 Land LLC
2028 Wake Forest Road - PIN 1714-19-3767
OWNER = EEM Phase 2 Land LLC
2030 Wake Forest Road - PIN 1714-19-1797
OWNER = EEM Phase 2 Land LLC
2032 Wake Forest Road - PIN 1714-19-4824
OWNER = EEM Phase 2 Land LLC
2034 Wake Forest Road - PIN 1714-19-2865
OWNER = EEM Phase 2 Land LLC
2038 Wake Forest Road - PIN 1714-19-1970
OWNER = EEM Phase 2 Land LLC
2040 Wake Forest Road - PIN 1714-19-0977
OWNER = EEM Phase 2 Land LLC
1007 East Whitaker Mill Road - PIN 1714-19-4255
OWNER = EEM Phase 2 Land LLC
1017 East Whitaker Mill Road - PIN 1714-19-7266
OWNER = Progress Ct Phase 1 Owner LLC
RALEIGH TOWNSHIP, CITY OF RALEIGH
WAKE COUNTY, NORTH CAROLINA
DATE: NOVEMBER 21, 2023
SCALE: 1" = 70'
Revisions:
No. Date Description
01 11-22-2023 COMMENTS
Project number: G22143 Sheet:
Date: 11-21-2023
Drawn by: NMH 2 of 4
Checked by: JMS

0_
r`
M
N
0
N
N
N
0
z
GROUND WA TER
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) (JANUARY 2023 VERSION):
Groundwater
Sample
Date of
Concentration
Standard
Contaminant
Location
Sampling
Exceeding
(lag/L)
Standard (µ /L)
Bis (2-ethylexyl)
MW-1
6/23/2004
27
3
phthalate
Petroleum
Hydrocarbons, C9-
MW-1
6/23/2004
400
200
C22 Aromatics
GROUNDWATER VAPOR INTRUSION RISK
GROUNDWATER CONTAMINANTS WITH POTENTIAL FOR VAPOR INTRUSION (VI) IN MICROGRAMS PER LITER (THE EQUIVALENT OF
PARTS PER BILLION), THE VAPOR INTRUSION SCREENING LEVELS FOR WHICH ARE CONTAINED IN THE DIVISION OF WASTE
MANAGEMENT VAPOR INTRUSION GUIDANCE, RESIDENTIAL VAPOR INTRUSION SCREENING LEVELS (WSL) (JULY 2023 VERSION):
Groundwater
Concentration
Residential VI
Contaminant with
Sample
Date of
Exceeding
Screening
Potential for Vapor
Location
Sampling
Screening
Levels
Intrusion
Level (µg/L)
(µg/L)
Petroleum
Hydrocarbons
MW_1
6/23/2004
300
0.15
Aliphatic medium
(C9-C 18)
Petroleum
Hydrocarbons
MW-1
6/23/2004
400
48
Aromatic medium
(C9-C 10)
'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.
BOOK OF MAPS
PAGE
DA TA TABLES
SOIL
SOIL CONTAMINANTS IN MILLIGRAMS PER KILOGRAM (THE EQUIVALENT OF PARTS PER MILLION), THE SCREENING LEVELS FOR
WHICH ARE DERIVED FROM THE PRELIMINARY RESIDENTIAL HEALTH -BASED SOIL REMEDIATION GOALS OF THE INACTIVE
HAZARDOUS SITES BRANCH OF DEQS SUPERFUND SECTION (JULY 2023):
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Level 1
(mg/kg)
CS-1
(Composite)
3
4l9/2020
2.8
CS-2
(Com ositc)
3-7
4/9/2020
3.3
SS-1
5
4/9/2020
4.3
SS-2
5
4/9/2020
2.5
Duplicate SS-2
5
4/9/2020
2.7
A(s)
3
1/6/2022
2.1
A(d)
9
1/6/2022
1.08 J
B
2
1/6/2022
1.15
Arsenic
0.68
C
3.5
1/6/2022
1.45
D
2.5
1/6/2022
1.42
E (Duplicate)
1.5
1/6/2022
1.05J
F
2
1/6/2022
0.859J
G
1
1/6/2022
1.05J
SS-1
1
1/6/2022
2.14
SS-2
1
1/6/2022
2.76
SS-2
(Du licate)
1
1/6/2022
2.04
Hexavalent
Chromium
SS-2
5
4/9/2020
0.477J
0.31
A(d)
9
1/6/2022
0.54J
4-Iso ro ltoluene
p Py
E
1.5
1/6/2022
0.011
NSE
E (Duplicate)
1.5
1/6/2022
0.014
Petroleurn
MW-1
0-10
6/23/2004
44
MW-1
10-20
6/23/2004
4700
Hydrocarbons,
Aliphatic Medium
20
MW-1
20-30
6/23/2004
3000
(C9-C 18)
MW-1
30-40
6/23/2004
2700
Pctrolcurn
MW-1
10-20
6/23/2004
3020
Hydrocarbons,
Aromatic Medium
(C9-C22)
MW-1
20-30
6/23/2004
1980
62
MW_1
30-40
6/23/2004
2030
'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.
2NSE - NO SCREENING LEVEL ESTABLISHED.
�N CAR04
♦ SS
O
Rig[ kl =. ICY
493
4
�♦
Ci
♦
�„� ... •� .�.
E191
STEWART
5410 OLD POOLE RD FIRM LICENSE #: C-1051
RALEIGH, NC 27610 www.stewartinc.com
T 919.380.8750 PROJECT #: G22143
MILLS ST. Vicinity Map:
m
0
SITE o
0 oQ
E. WHITAKER
MILL RD. (ID
NORTH
N.T.S.
Title:
EXHIBIT B TO THE NOTICE
OF BROWNFIELDS
PROPERTY - SURVEY PLAT
BROWNFIELDS PROJECT NAME:
PROGRESS COURT
BROWNFIELDS PROJECT #:
23078-19-092
PROSPECTIVE DEVELOPER:
Progress Ct Owner LLC
2000 Progress Court - PIN 1714-19-6735
OWNER = EEM Phase 2 Land LLC
2001 Progress Court - PIN 1714-19-6409
OWNER = EEM Phase 2 Land LLC
2020 Progress Court - PIN 1714-19-8573
OWNER = Progress Ct Phase 1 Owner LLC
2006 Wake Forest Road - PIN 1714-19-3363
OWNER = EEM Phase 2 Land LLC
2010 Wake Forest Road - PIN 1714-19-2379
OWNER = EEM Phase 2 Land LLC
2012 Wake Forest Road - PIN 1714-19-2453
OWNER = EEM Phase 2 Land LLC
2014 Wake Forest Road - PIN 1714-19-2468
OWNER = EEM Phase 2 Land LLC
2016 Wake Forest Road - PIN 1714-19-2553
OWNER = EEM Phase 2 Land LLC
2018 Wake Forest Road - PIN 1714-19-3587
OWNER = EEM Phase 2 Land LLC
2028 Wake Forest Road - PIN 1714-19-3767
OWNER = EEM Phase 2 Land LLC
2030 Wake Forest Road - PIN 1714-19-1797
OWNER = EEM Phase 2 Land LLC
2032 Wake Forest Road - PIN 1714-19-4824
OWNER = EEM Phase 2 Land LLC
2034 Wake Forest Road - PIN 1714-19-2865
OWNER = EEM Phase 2 Land LLC
2038 Wake Forest Road - PIN 1714-19-1970
OWNER = EEM Phase 2 Land LLC
2040 Wake Forest Road - PIN 1714-19-0977
OWNER = EEM Phase 2 Land LLC
1007 East Whitaker Mill Road - PIN 1714-19-4255
OWNER = EEM Phase 2 Land LLC
1017 East Whitaker Mill Road - PIN 1714-19-7266
OWNER = Progress Ct Phase 1 Owner LLC
RALEIGH TOWNSHIP, CITY OF RALEIGH
WAKE COUNTY, NORTH CAROLINA
DATE: NOVEMBER 21, 2023
SCALE: 1" = 70'
Revisions:
No. Date Description
01 11-22-2023 COMMENTS
Project number: G22143 Sheet:
Date: 11-21-2023
Drawn by: NMH 3 of 4
Checked by: JMS

0_
cm
CM
N
0
N
N
N
0
z
EXTERIOR SOIL GAS
EXTERIOR SOIL GAS CONTAMINANTS IN MICROGRAMS PER CUBIC METER, THE SCREENING LEVELS FOR WHICH ARE DERIVED
FROM RESIDENTIAL VAPOR INTRUSION SCREENING LEVELS OF THE DIVISION OF WASTE MANAGEMENT (JULY 2023):
Exterior Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening Level
( /m)
Residential
Screening
Level'
(/m)
Chloroform
ESG-1
1/10/2022
14
4.1
ESG-4
1/10/2022
8.6
ESG-7
1/10/2022
6.7
ESG-8
1/10/2022
5.2
13-Dichlorobenzene
SG-'/DUP
4/9/2020
3.0/4.0
NSE
ESG-5
1/10/2022
0.72J
ESG-6
1/10/2022
0.60J
ESG-7
1/10/2022
1.3
ESG-9
1/10/2022
0.84J
ESG-10
1/10/2022
0,911
ESG-11
1/10/2022
0.65J
1,2-Dichloro-1,1,2,2-
tetrafluoroethane
SG-'/DUP
4/9/2020
12.7/12.9
NSE
ESG-1
1/10/2022
0.59J
ESG-2
1/10/2022
L3J
ESG-3/DUP
1/10/2022
0.95J/1.3J
Ethanol
ESG-1
1/10/2022
40
NSE
ESG-2
1/10/2022
48
ESG-3/DUP
1/10/2022
76/43
ESG-4
1/10/2022
39
ESG-5
1/10/2022
35
ESG-6
1/10/2022
37
ESG-7
1/10/2022
32
ESG-8
1/10/2022
54
ESG-9
1/10/2022
59
ESG-10
1/10/2022
50
ESG-11
1/10/2022
34
4-Ethyltoluene
SG-'/DUP
4/9/2020
4.3J/4.3J
NSE
ESG-4
1/10/2022
8.5
ESG-7
1/10/2022
15
ESG-8
1/10/2022
15
ESG-9
1/10/2022
0.31J
Naphthalene
SG-'/DUP
4/9/2020
6.2/6.2
2.8
Trichlorofluoromethane
SG-'/DUP
4/9/2020
1.5J/1.5J
NSE
ESG-1
1/10/2022
1.4J
ESG-2
1/10/2022
12J
ESG-3/DUP
1/10/2022
1.3J/1.4J
ESG-4
1/10/2022
2.3J
ESG-5
1/10/2022
2.9J
ESG-6
1/10/2022
47
ESG-7
1/10/2022
1.3J
ESG-8
1/10/2022
2.5J
ESG-9
1/10/2022
1.6J
ESG-10
1/10/2022
1.2J
ESG-11
1/10/2022
1.4J
'SCREENING LEVELS DISPLAYED FOR NON —CARCINOGENS ARE FOR A HAZARD QUOTIENT EQUAL TO 0.2. SCREENING LEVELS DISPLAYED FOR
CARCINOGENS ARE FOR A 1.0E-6 LIFETIME INCREMENTAL CANCER RISK.
2ACETONE WAS DETECTED IN EVERY SUB —SLAB SAMPLE COLLECTED; HOWEVER, BECAUSE ACETONE IS A COMMON ANALYTICAL LABORATORY
INTRODUCED COMPOUND, THE SOIL GAS SCREENING LEVEL (SGSL) FOR ACETONE IS NO LONGER BEING PUBLISHED. THE MOST RECENT
RESIDENTIAL SGSL FOR ACETONE WAS 220,000 ,uglm'3 AND NONE OF THE DETECTED CONCENTRATIONS EXCEEDED THIS LEVEL. THEREFORE,
ACETONE DATA ARE NOT SUMMARIZED ON THIS TABLE, BUT REMAIN AVAILABLE IN THE REPORTS RELATED TO THIS PROPERTY.
BOOK OF MAPS
PAGE
DA TA TABLES
SUB -SLAB VAPOR
SUB —SLAB VAPOR CONTAMINANTS IN MICROGRAMS PER CUBIC METER, THE SCREENING LEVELS FOR WHICH ARE DERIVED
FROM RESIDENTIAL VAPOR INTRUSION SCREENING LEVELS OF THE DIVISION OF WASTE MANAGEMENT (JULY 2023):
Sub -Slab Vapor
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level ( /rn)
Residential
Screening
Level
(/m")
Chloroform
SSSG-2
3/3/2021
5.94
4.1
1,3-Dichlorobenzene
SSSG-2
1/10/2022
0.36J
NSE
1,2
Dichlorotetrafluoroethane
SSSG-10
3/3/2021
2.80J
NSE
1,2-Dichloro-1,1,12-
tetrafluoroethane
SSSG-1
12/22/2021
3.8
NSE
SSSG-2
12/22/2021
1.6
SSSG-9
12/22/2021
0.87J
Ethanol
SSSG-1
12/22/2021
430
NSE
SSSG-2
12/22/2021
240
SSSG-
3/DUP
12/22/2021
640/530
4-Eth -ltoluene
SSSG-6
3/3/2021
1.03J
NSE
Trichlorofluoromethane
SSSG-1
3/3/2021
1.74J
NSE
SSSG-2
3/3/2021
2.05J
SSSG-3
3/3/2021
2.09J
SSSG-4
3/3/2021
1.811
SSSG-5
3/3/2021
2.16J
SSSG-6
3/3/2021
2.06J
SSSG-7
3/3/2021
2.26J
SSSG-9
12/22/2021
1.2J
SSSG-
10/DUP
3/3/2021
2.25J/<0.433
'SCREENING LEVELS DISPLAYED FOR NON —CARCINOGENS ARE FOR A HAZARD QUOTIENT EQUAL TO 0.2. SCREENING LEVELS DISPLAYED FOR
CARCINOGENS ARE FOR A 1.0E-6 LIFETIME INCREMENTAL CANCER RISK.
2ACETONE WAS DETECTED IN EVERY SUB —SLAB SAMPLE COLLECTED; HOWEVER, BECAUSE ACETONE IS A COMMON ANALYTICAL LABORATORY
INTRODUCED COMPOUND, THE SOIL GAS SCREENING LEVEL (SGSL) FOR ACETONE IS NO LONGER BEING PUBLISHED. THE MOST RECENT
RESIDENTIAL SGSL FOR ACETONE WAS 220,000 uglm'3 AND NONE OF THE DETECTED CONCENTRATONS EXCEEDED THIS LEVEL. THEREFORE,
ACETONE DATA ARE NOT SUMMARIZED ON THIS TABLE, BUT REMAIN AVAILABLE IN THE REPORTS RELATED TO THIS PROPERTY.
�N CAR04
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E191
STEWART
5410 OLD POOLE RD FIRM LICENSE #: C-1051
RALEIGH, NC 27610 www.stewartinc.com
T 919.380.8750 PROJECT #: G22143
MILLS ST. Vicinity Map:
m
SITE
0 0°
E. WHITAKER
MILL RD. (ID
NORTH
N.T.S.
Title:
EXHIBIT B TO THE NOTICE
OF BROWNFIELDS
PROPERTY - SURVEY PLAT
BROWNFIELDS PROJECT NAME:
PROGRESS COURT
BROWNFIELDS PROJECT #:
23078-19-092
PROSPECTIVE DEVELOPER:
Progress Ct Owner LLC
2000 Progress Court - PIN 1714-19-6735
OWNER = EEM Phase 2 Land LLC
2001 Progress Court - PIN 1714-19-6409
OWNER = EEM Phase 2 Land LLC
2020 Progress Court - PIN 1714-19-8573
OWNER = Progress Ct Phase 1 Owner LLC
2006 Wake Forest Road - PIN 1714-19-3363
OWNER = EEM Phase 2 Land LLC
2010 Wake Forest Road - PIN 1714-19-2379
OWNER = EEM Phase 2 Land LLC
2012 Wake Forest Road - PIN 1714-19-2453
OWNER = EEM Phase 2 Land LLC
2014 Wake Forest Road - PIN 1714-19-2468
OWNER = EEM Phase 2 Land LLC
2016 Wake Forest Road - PIN 1714-19-2553
OWNER = EEM Phase 2 Land LLC
2018 Wake Forest Road - PIN 1714-19-3587
OWNER = EEM Phase 2 Land LLC
2028 Wake Forest Road - PIN 1714-19-3767
OWNER = EEM Phase 2 Land LLC
2030 Wake Forest Road - PIN 1714-19-1797
OWNER = EEM Phase 2 Land LLC
2032 Wake Forest Road - PIN 1714-19-4824
OWNER = EEM Phase 2 Land LLC
2034 Wake Forest Road - PIN 1714-19-2865
OWNER = EEM Phase 2 Land LLC
2038 Wake Forest Road - PIN 1714-19-1970
OWNER = EEM Phase 2 Land LLC
2040 Wake Forest Road - PIN 1714-19-0977
OWNER = EEM Phase 2 Land LLC
1007 East Whitaker Mill Road - PIN 1714-19-4255
OWNER = EEM Phase 2 Land LLC
1017 East Whitaker Mill Road - PIN 1714-19-7266
OWNER = Progress Ct Phase 1 Owner LLC
RALEIGH TOWNSHIP, CITY OF RALEIGH
WAKE COUNTY, NORTH CAROLINA
DATE: NOVEMBER 21, 2023
SCALE: 1" = 70'
Revisions:
No. Date Description
01 11-22-2023 COMMENTS
Project number: G22143 Sheet:
Date: 11-21-2023
Drawn by: NMH 4 of 4
Checked by: JMS

Exhibit C — Legal Description
Brownfields Project Name: Progress Court
Brownfields Project Number: 23078-19-092
BEGINNING AT AN EXISTING IRON PIN LOCATED ON THE EASTERLY RIGHT-OF-
WAY LINE OF WAKE FOREST ROAD (VARIABLE WIDTH PUBLIC RIGHT-OF-WAY)
BEING A COMMON CORNER WITH EEM PHASE 2 LAND LLC (DEED BOOK 18570,
PAGE 1510) AND SARAH G. CARLTON (DEED BOOK 16171, PAGE 2062); SAID
EXISTING IRON PIN HAVING NORTH CAROLINA GRID (NAD83/2011) COORDINATES
OF NORTH 749,986.858 FEET, EAST 2,111,027.987 FEET. THENCE ALONG THE SOUTH
LINE OF SAID CARLTON, N85°46'39"E, 48.89 FEET TO AN EXISTING IRON REBAR;
THENCE ALONG THE NORTHEASTERLY LINE OF SAID EEM PHASE 2 LAND LLC,
S77031'54"E, 127.71 FEET TO A POINT; THENCE CONTINUING, S77031'54"E, 9.53 FEET
TO AN EXISTING IRON PIN MARKING THE COMMON CORNER OF JOHN KEITH
PARKS AND CYNTHIA A. SAVAGE (DEED BOOK 17349, PAGE 684) WITH EDWARD S.
FINLEY JR. (DEED BOOK 10051, PAGE 624); THENCE CONTINUING, S77031'54"E, 60.36
FEET TO AN EXISTING IRON PIN MARKING THE COMMON CORNER OF SAID FINLEY
WITH CARRIE D. THOMAS (DEED BOOK 16891, PAGE 1903); THENCE CONTINUING,
S77031'54"E, 60.13 FEET TO AN EXISTING IRON PIN MARKING THE COMMON
CORNER OF SAID THOMAS WITH TIMOTHY TODD WALKER (DEED BOOK 14057,
PAGE 473); THENCE CONTINUING, S77031'54"E, 60.03 FEET TO AN EXISTING IRON PIN
MARKING THE COMMON CORNER OF SAID TIMOTHY WALKER WITH ASHLEY PAUL
WALKER (DEED BOOK 8088, PAGE 1618);
THENCE CONTINUING, S77031'54"E, 17.07 FEET TO A POINT; THENCE CONTINUING,
S77031'54"E, 104.03 FEET TO AN EXISTING IRON PIN MARKING THE COMMON
CORNER OF SAID ASHLEY WALKER WITH GRANT EVAN ZECHMAN AND MEGAN
ZECHMAN (DEED BOOK 18724, PAGE 2264); THENCE CONTINUING, S77031'54"E, 60.34
FEET TO AN EXISTING IRON PIN MARKNG OF SAID ZECHMAN WITH ELIZABETH C.
MANN (DEED BOOK 7123, PAGE 88); THENCE CONTINUING, S77031'54"E, 43.82 FEET
TO A POINT; THENCE CONTINUING, S77031'54"E, 76.77 FEET TO AN EXISTING IRON
PIN MARKING THE COMMON CORNER OF WANDA M. CREECH AND TERRY PARKS
CREECH (DEED BOOK 8535, PAGE 791) WITH UPSTREAM MILLS LLC (DEED BOOK
18760, PAGE 732);
THENCE CONTINUING, S77031'54"E, 30.38 FEET TO A POINT; THENCE CONTINUING,
S77031'54"E, 158.71 FEET TO AN EXISTING IRON PIN; THENCE CONTINUING,
S77031'54"E, 202.16 FEET (FOR A TOTAL OF 1,011.03 FEET) TO AN EXISTING IRON PIN
MARKING THE SOUTHEASTERLY CORNER OF SAID UPSTREAM MILLS LLC AND
THE NORTHWESTERLY RIGHT-OF-WAY LINE OF CSX RAILROAD (VARIABLE
WIDTH); THENCE ALONG SAID NORTHWESTERLY LINE, S21039'00"W, 519.49 FEET
TO AN EXISTING IRON PIN; THENCE CONTINUING, S21039'00"W, 133.80 FEET TO AN
EXISTING IRON PIN ON THE NORTHERLY RIGHT-OF-WAY LINE OF EAST WHITAKER
MILL ROAD (VARIABLE WIDTH PUBLIC RIGHT-OF-WAY); THENCE ALONG SAID
NORTHERLY RIGHT-OF-WAY LINE, N68047'39"W, 109.93 FEET TO AN EXISTING IRON
PIN; THENCE CONTINUING ALONG SAID LINE, THROUGH A CURVE TO THE LEFT
Progress Court/23078-19-092/20231121

HAVING A RADIUS OF 275.93 FEET, AN ARC LENGTH OF 91.62 FEET WITH A CHORD
BEARING AND DISTANCE OF N78018'56"W, 91.20 FEET TO AN EXISTING IRON PIN
MARKING THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF PROGRESS COURT (30-
FOOT PUBLIC RIGHT-OF-WAY, BOOK OF MAPS 1979, PAGE 473); THENCE ALONG
SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, N21°39'58"E, 185.64 FEET TO AN
EXISTING IRON PIN; THENCE CONTINUING ALONG SAID LINE, THROUGH A CURVE
TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 20.31 FEET
WITH A CHORD BEARING AND DISTANCE OF N44056'23"E, 19.76 FEET TO AND
EXISTING IRON PIN; THENCE CONTINUING ALONG SAID LINE, THROUGH A
REVERSE CURVE HAVING A RADIUS OF 55.00 FEET, AN ARC LENGTH OF 99.32 FEET
WITH A CHORD BEARING AND DISTANCE OF N16028'49"E, 86.36 FEET TO AN
EXISTING IRON PIN; THENCE CONTINUING ALONG SAID LINE, N21039'58"E, 256.90
FEET TO AN EXISTING IRON PIN MARKING A CORNER OF AN UNNAMED STREET
DEDICATED PURSUANT TO JUDGMENT (DEED BOOK 1907, PAGE 245; BOOK OF
MAPS 1969, PAGE 323; BOOK OF MAPS 1979, PAGE 473); THENCE S73025'37"W, 38.20
FEET TO AN EXISTING IRON PIN MARKING A CORNER OF SAID UNNAMED STREET
AND THE WESTERLY RIGHT-OF-WAY LINE OF SAID PROGRESS COURT; THENCE
ALONG SAID WESTERLY RIGHT-OF-WAY LINE, S21039'58"W, 529.67 FEET TO AN
EXISTING IRON PIN MARKING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID
EAST WHITAKER MILL ROAD; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY
LINE, THROUGH A CURVE TO THE LEFT HAVING A RADIUS OF 278.55 FEET, AN ARC
LENGTH OF 31.43 FEET WITH A CHORD BEARING AND DISTANCE OF S79038'07"W,
31.41 FEET TO AN EXISTING IRON PIN;
THENCE CONTINUING ALONG SAID LINE, S76°24' 10"W, 39.25 FEET TO AN EXISTING
IRON PIN; THENCE CONTINUING ALONG SAID LINE, S77014' 19"W, 149.27 FEET TO AN
EXISTING IRON PIN MARKING THE MOST EASTERLY CORNER OF ACS509 LLC
(DEED BOOK 17630, PAGE 1575); THENCE ALONG THE NORTHEASTERLY LINE OF
SAID ACS509 LLC, N16018'40"W, 101.97 FEET TO AN EXISTING IRON PIN; THENCE
ALONG THE NORTHWESTERLY LINE OF SAID ACS509 LLC, S73053'48"W, 119.99 FEET
TO AN EXISTING IRON PIN MARKING THE EASTERLY RIGHT-OF-WAY LINE OF SAID
WAKE FOREST ROAD; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE,
N16000'07"W, 298.72 FEET TO AN EXISTING IRON PIN MARKING THE
SOUTHWESTERLY CORNER OF COTTON EXCHANGE COURT (PRIVATE RIGHT-OF-
WAY); THENCE ALONG THE SOUTHERLY LINE OF SAID COTTON EXCHANGE
COURT, N73037'02"E, 299.53 FEET TO AN EXISTING IRON PIN; THENCE ALONG THE
NORTHEASTERLY LINE OF SAID COTTON EXCHANGE COURT, N16022'47"W, 150.47
FEET TO AN EXISTING IRON PIN; THENCE ALONG THE NORTHWESTERLY LINE OF
SAID COTTON EXCHANGE COURT, S73046'53"W, 298.94 FEET TO AN EXISTING IRON
PIN MARKING THE EASTERLY RIGHT-OF-WAY LINE OF SAID WAKE FOREST ROAD;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, N16010'50"W, 322.25 FEET
TO THE PLACE AND POINT OF BEGINNING, CONTAINING 484,408 SQUARE FEET OR
11.120 ACRES.
Progress Court/23078-19-092/20231121