23010_Raleigh Union Station Bus_Recorded NBP_20231214

BKO19499PGO2222
LLC
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WAKE COUNTY. MC Be
TAMMY L. BRUNNER
REGISTER OF DEEDS
PRESENTED 8 RECORDED ON
12r1412023 15:03:24
BOOK:019499 PAGE:02222 - 02277
Property Owner: Research Triangle Regional Public Transportation Authority dba GoTriangle
Recorded in Book, Page o`iaa a aa77 ffik
Associated plat recorded in Plat Book, Page l oo -DODa
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: Raleigh Union Station Bus
Brownfields Project Number: 23010-19-092
This documentary component of a Notice of Brownfie ds Property ("Notice"), as well
as a plat component, have been filed this I 4` day of P c P y;16e (- , 200 by
C,x&QPAQ W&irA u ; c 4 'e,— ("Prospective Developer").
This Notice concerns ca tammated 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 200 S. West Street in Raleigh, Wake County. The
site was formerly a casket manufacturer, a warehousing and forklift truck parts sales operations,
and various commercial facilities. The Prospective Developer has committed to redevelop the
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Brownfields Property for no uses other than a multi -modal public transportation center, retail,
office, beverage or food production facility, restaurant, cocktail bar, event space, hotel, childcare,
adult care, educational space, parking, high -density residential with affordable housing units
consistent with local zoning conditions, health care facility, grocery, recreation, and subject to
DEQ prior written approval, other commercial uses.
The Brownfields Agreement between Prospective Developer and DEQ is attached
hereto as Exhibit A. It is required by NCGS § 130A-310.32 and sets forth the use that may
be made of the Brownfields Property and the measures to be taken to protect public health
and the environment. The Brownfields Agreement's Exhibit 2 consists of one or more data
tables reflecting the concentrations of and other information regarding the Brownfields
Property's regulated substances and contaminants. The Brownfields Agreement's Exhibit 3
contains the September 20, 2019 City of Raleigh Conditional Use District Zoning Conditions
applicable to the Brownfields Property.
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:
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Land Uses
a. No use may be made of the Brownfields Property other than for a multi -modal
public transportation center, retail, office, beverage or food production facility, restaurant,
cocktail bar, event space, hotel, childcare, adult care, educational space, parking, high -density
residential with affordable housing units consistent with local zoning conditions, health care
facility, grocery, recreation, and subject to DEQ prior written approval, other commercial uses.
These land uses and their definitions below apply solely for purposes of this agreement and do
not waive any local zoning, rule, regulation or permit requirements:
i. "A multi -modal public transportation center" shall mean a facility that
serves the needs of the traveling public for a wide variety of public conveyances, including but
not limited to city and regional bus service, taxis, and other modes of public transportation, a bus
station building, transportation conveyances that regularly stop to load or unload passengers, and
that provides ancillary services such as ticket sales, waiting and rest rooms, restaurants, and other
public amenities;
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. "Office" is defined as a place where business or professional services
are provided;
iv. "Beverage and food production facility" is defined as an establishment
for the manufacture, sale and distribution of beverages or food products, including without
limitation beer, ale, and/or distilled spirits;
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. "Cocktail bar" is defined as a commercial business establishment that
prepares and serves mixed alcoholic drinks and other beverages, and snacks under all applicable
local, state, and federal regulations to patrons;
vii. "Event space" is defined as a location where private or public
gatherings may be held, including family or company gatherings for social or business occasions,
or other entertainment -related gatherings such as charitable events, festivals, theater, musical or
other shows, which may include an outdoor stage, and the preparation and serving of food and
beverages, including alcoholic beverages, under all applicable local, state and federal regulations
to guests;
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viii. "Hotel" is defined as the provision of overnight lodging to paying
customers and associated food services, gym, reservation, cleaning, utilities, parking and onsite
hospitality, management and reception services;
ix. "Childcare" is defined as the care and supervision of children by adults
in a non-profit or profit -based setting as defined in NCGS § 110-86(2);
x. "Adult care" is defined as long-term, non -medical residential services to
adults that are unable to live independently due to physical, mental or other limitations;
xi. "Educational space" is defined as interior space operated by a privately
or publicly owned institution, facility, or enterprise that provides education to pre-school,
elementary, and older students, including session camps designed for school -age children;
xii. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same;
xiii. "High -density residential" is defined as permanent dwellings, such as
condominia and apartments, consistent with City of Raleigh Conditional Use District Zoning
Conditions dated September 20, 2019, which are provided as Exhibit 3 to this Agreement and
including any future modifications thereof, where residential units are attached to each other with
common walls, and any property outside the dwelling structures is usable by all residents and not
privately owned as part of a particular unit (e.g., privately -owned courtyards are prohibited), and
may include related amenities, such as pools, clubhouses, courtyards, common areas, recreation
areas, and parking garages. Single family homes, townhomes, duplexes or other units with yards
are prohibited;
xiv. "Health Care Facility" is defined as a hospital, urgent care clinic, a
medical clinic (excluding veterinary), rehabilitation center, health maintenance organization
(excluding a group home), which routinely provides for the diagnostics, care, treatment of and
testing for physical or psychological injury or illness, or disability and/or for the short-term
boarding of patients;
xv. "Grocery" is defined as a retail store that offers non-perishable foods
packaged in bottles, boxes and cans, perishable food such as baked goods, meats, deli products
and fresh produce, and which may sell non-food items such as clothing and household items, and
provide pharmacy, financial or other services;
xvi. "Recreation" is defined as indoor and outdoor exercise -related,
physically focused or leisure -related activities, whether active or passive, and the facilities for
same, including, but not limited to, studios, swimming or wading pools, splash pads, clubhouses,
sports -related courts and fields, open space, greenways, parks, playgrounds, walking paths,
picnic and public gathering areas; and
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xvii. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
Environmental Management Plan
b. Physical redevelopment of the Brownfields Property may not occur other than
in accordance, as determined by DEQ, with an EMP approved in writing by DEQ in advance
(and revised to DEQ's written satisfaction prior to each subsequent redevelopment phase) that is
consistent with all the other land use restrictions and describes redevelopment activities at the
Brownfields Property, the timing of redevelopment phases, and addresses health, safety and
environmental issues that may arise from use of the Brownfields Property during construction or
redevelopment in any other form, including without limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above.
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., underground storage tanks [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
c. Within 90 days after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues (except
that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then
owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval
on environment -related activities since the last report, with a summary and drawings, that
describes:
i. actions taken on the Brownfields Property in accordance with Section
VI: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
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iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater, or other materials
suspected or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
Demolition Activities
d. 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
e. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 12.a.
above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 12.b., or a plan approved in
writing in advance by DEQ.
Soil
f. No activity that disturbs soil on the Brownfields Property may occur unless and
until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
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iv. in connection to work conducted in accordance with a DEQ-approved
EMP as outlined in subparagraph 12.b.
g. No use of the Brownfields Property may occur until the then owner of the
Brownfields Property conducts representative final grade soil sampling, pursuant to a plan
approved in writing by DEQ, of any area that is not covered by building foundations, sidewalks,
or asphaltic or concrete parking areas and driveways.
h. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined in paragraph 12.b.
i. The Brownfields Property may not be used as a playground, or for child care
centers or schools, except in areas where sampling has shown that clean soils are present, or two
feet of demonstrably clean fill, or another cover approved in writing in advance by DEQ, are
installed to DEQ's written satisfaction, delineated to DEQ's written satisfaction as "Approved
for "Playground," "Child Care Center" or "School" areas on the plat component of the Notice
referenced below in paragraph 16, maintained, and left undisturbed other than through normal
playground, child care center, or school use.
Vapor Intrusion
j. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 16 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building's users and public
health from the risk of vapor intrusion based on site assessment data, or a site -specific risk
assessment approved in writing by DEQ; or
ii. vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors into
building features in accordance with the most recent and applicable DWM Vapor Intrusion
Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American
National Standards Institute (ANSI)/American Association of Radon Scientists and
Technologists (AARST) standards, and that a professional engineer licensed in North Carolina,
as evidenced by said engineer's professional seal, is satisfied that the design is fully protective of
public health, and shall include a performance monitoring plan detailing methodologies and
schedule, both of which are subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as -built diagrams, photographs, and a description of the installation, with
said engineer's professional seal confirming that the engineer is satisfied that the system was
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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
k. 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.
Monitoring Wells
1. Within 60 days after the effective date of this Agreement or prior to land
disturbance activities, whichever occurs first, Prospective Developer shall abandon all
monitoring wells, injection wells, recovery wells, piezometers and other man-made points of
groundwater access at the Brownfields Property, in accordance with Subchapter 2C of Title 15A
of the North Carolina Administrative Code, unless an alternate schedule is approved by
DEQ. Within 30 days after doing so, the Prospective Developer shall provide DEQ a report,
setting forth the procedures and results.
Damage to Wells
m. Except for the work related to subparagraph 12.1. above, the owner of any
portion of the Brownfields Property where any existing, or subsequently installed, DEQ-
approved monitoring well is damaged by the owner, its contractors, or its tenants, the owner shall
be responsible for repair of any such wells to DEQ's written satisfaction and within a time period
acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by
DEQ in advance.
Notification of Tenants
n. 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 Wale County land
records, Book , Page " A copy of any such instrument shall be sent to the
persons listed in Section XVII (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said redactions
comply with the confidentiality and trade secret provisions of the North Carolina Public Records
Law. The owner may use the following mechanisms to comply with the obligations of this
paragraph: (i) If every lease and rider is identical in form, the owner conveying an interest may
provide DEQ with copies of a form lease or rider evidencing compliance with this subparagraph,
in lieu of sending copies of actual, executed leases, to the persons listed in Section XVII (Notices
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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
o. 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; and
iii. as constituents of products and materials customarily used and stored
in a multi -modal public transportation center, retail, office, beverage or food production facility,
restaurant, cocktail bar, event space, hotel, childcare, adult care, educational space, parking,
high -density residential with affordable housing units consistent with local zoning conditions,
health care facility, grocery and recreation environments, 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
p. During January of each year after the year in which the Notice referenced
below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of
January 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of Wake County, certifying that,
as of said January I", the Notice of Brownfields Property containing these land use restrictions
remains recorded at the Wake County Register of Deeds office and that the land use restrictions
are being complied with. If the property is transferred, the grantor shall submit a LURU (as
outlined above) which covers the period of time they owned the property. The submitted LURU
shall state the following:
i. the Brownfields Property address, and the name, mailing address,
telephone number, and contact person's e-mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a
joint LURU is submitted, acquired any part of the Brownfields Property during the previous
calendar year;
ii. the transferee's name, mailing address, telephone number, and contact
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person's e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 12.j. 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. whether any soil caps installed pursuant to subparagraph 12.i. above are
being maintained such that they are intact, uncompromised, in good condition and continuing to
serve as barriers to the soil contamination in relation to which they were installed;
v. a LURU submitted for rental units shall include enough of each lease
entered into during the previous calendar year to demonstrate compliance with lessee notification
requirements in paragraphs 17 and 18 of this agreement provided that if standard form leases are
used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual
leases;
vi. A joint LURU may be submitted for multiple owners by a duly
constituted board or association and shall include the Brownfields Property address, and the
name, mailing address, telephone number and contact person's e-mail address of the entity
submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is
submitted; and
vii. A property owners' association or other entity may perform this
LURU's duties, on behalf of some or all owners of the Brownfields Property, if said association
or entity has accepted responsibility for such performance pursuant to a notarized instrument
satisfactory to DEQ that includes at a minimum, the Brownfields property address, and the name,
mailing address, telephone number and e-mail address of each owner on whose behalf the
LURU is proposed to be submitted.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be
the DEQ Brownfields Property Management Branch referenced in subparagraph 31.a. of
Exhibit A hereto, at the address stated therein.
ENFORCEMENT
The above land use restrictions shall be enforceable without regard to lack of privity of
estate or contract, lack of benefit to particular land, or lack of any property interest in particular
land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The
land use restrictions may also be enforced by DEQ through the remedies provided in NCGS §
130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having
jurisdiction over any part of the Brownfields Property; and by any person eligible for liability
protection under the Brownfields Property Reuse Act who will lose liability protection if the
restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the
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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.
IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this jLday of %� c,-- &,Y,S fi , 20 Z-3
Research Triangle Regi al Public Transportation
Authority GoTri le
By:
Charles Lattuca
President and CEO
NORTH CAROLINA
ID y' R E-{ A-1j\ 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: P t-c.S i A,K cr a
f-
Date: l3 , Zo -2 3
(Official Seal)
-------------
PAUL J KINGMAN
Notary Public - North Carolina
Wake County
My Commission Expires Sep 27, 2028
10mi _ _1
Official Signature o otary
-PAU I- -T G M AW
Notary's printed or typed name, Notary Public
My commission expires: q, -2-1 -?-$?
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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 p of Environmental Quality
By:
Bruce Nicholson, C 'ef
Brownfields Redevelopment Section
Division of Waste Management
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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: Research Triangle Regional Public Transportation Authority dba
GoTriangle
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Raleigh Union Station (RUS) Bus
OF 1997, NCGS § 130A-310.30, et SeMc . ) 200 S. West Street
Brownfields Project No. 23010-19-092 ) Raleigh, Wake County
1. INTRODUCTION
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and Research Triangle Regional Public
Transportation Authority dba GoTriangle (GoTriangle) (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 200 S. West Street, Raleigh (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 GoTriangle, a public sector transportation entity,
headquartered at 4600 Emperor Boulevard, Suite 100, Durham, NC 27703. Its current President
and CEO is Charles Lattuca of the same address.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section X (Certification), Section XI (DEQ's Covenant Not to Sue and
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Reservation of Rights) and Section XII (Prospective Developer's Covenant Not to Sue), the
potential liability of GoTriangle for contaminants at the Brownfields Property.
The Parties agree that GoTriangle's entry into this Agreement, and the actions undertaken
by GoTriangle in accordance with the Agreement, do not constitute an admission of any liability
by GoTriangle for contaminants at the Brownfields Property. The resolution of this potential
liability, in exchange for the benefit GoTriangle 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 GoTriangle.
IIl. BROWNFIELDS PROPERTY INFORMATION SUMMARY
3. Relevant information about the history, ownership, and uses of the Brownfields
Property is provided in the following summary table. Refer to the Exhibit 2 to this Agreement
that presents data table(s) of the contaminants present at the Brownfields Property at
concentrations above their applicable standards or screening levels for each media sampled.
BROWNFIELDS PROPERTY INFORMATION SUMMARY
200 S. West Street, Raleigh NC, Wake County_
Parcel Address(es) & Parcel
Tax ID: 1703488236
IDs (PIDs)
The BF property was formerly comprised of three parcels
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BROWNFIELDS PROPERTY INFORMATION SUMMARY"
located at 200, 206 and 210 S. West Street with respective
PIDs 1703488450, 1703488314 and 170348825. These three
parcels were combined into the one parcel referenced above
in the Fall of 2023.
Acreage
1.739 acres
Current Property Owner
GoTrianle
Current Land Uses
Unoccupied commercial and warehouse buildings
High -density residential, various commercial operations, an
office building, railroad tracks, and the newly constructed
Raleigh Union Station, which was a separate Brownfields
Site Vicinity Land Use(s)
Property assigned Brownfields Project No. 17031-13-092.
Two other Brownfields Properties are adjacent to the subject
Brownfield Property: Dillon Station Redevelopment
Brownfields Project No. 18056-14-092 and Warehouse
District, Brownfields Project No. 16023-12-092.
A multi -modal public transportation center, retail, office,
beverage and food production facility, restaurant, cocktail bar,
event space, hotel, childcare, adult care, educational space,
Proposed Reuse(s)
parking, high -density residential with affordable housing
units consistent with local zoning conditions, health care
facility, grocery, recreation, and subject to DEQ prior written
approval, other commercial uses.
Expanded use of public transportation, job creation, tax base
increases, high -density housing with a percentage of
Public Benefits of Reuse
affordable housing units consistent with local zoning
conditions, revitalization of blighted area, and directed
resources.
Existing Land Use
Restrictions Prior to
None known
Brownfields Agreement
ENVIRONMENTAL INFORMATION SUMMARY
Previous uses of the northern area of the Brownfields
Property include ice and refrigeration companies, (1896-
1914), a casket manufacturer (1920-1981), a likely plumbing
Historical Operations &
supply company (1986-1991), a design company (1997-2002)
Contaminant Sources
and a restaurant (2003-2020).
Previous uses of the central and southern areas of the
Brownfields Property include a window coverings company
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ENVIRONMENTAL INFORMATION SUMMARY
(1896), a spoke factory (1903), a biscuit company (1909-
1914), a monument facility (1914) and a warehousing and
retail sales of forklift truck parts (1936-early 2000s).
The northern area of the Brownfields Property is identified
on the Inactive Hazardous Waste Sites Priority List as
Raleigh TTA — Wilson Parcel (NONCD0001124). This listing
is associated with groundwater contamination related to
former offsite dry-cleaning operations and/or petroleum
releases located on the northern adjacent property (Dillon A
Parcel) that were identified as impacting the northern area of
the Brownfields Property. Additionally, a gasoline
underground storage tank (UST) may be located on this
parcel, as documented in a notification submitted to the
Inactive Hazardous Site Branch (IHSB) in 2005. The status or
location of the UST is unknown.
The central and southern Brownfields areas are identified on
the Inactive Hazardous Waste Sites Priority List as Raleigh
TTA — Dillon B Parcel (NONCD0001126). This listing is
associated with groundwater contamination related to a
former UST located on the western adjacent property (i.e.,
Dillion C Parcel) that was identified as impacting the
Brownfields Property.
CurrentOperations/Activities
Construction activities for the redevelopment.
Soil: No volatile organic compounds (VOCs) were detected in
soil above their respective NC Department of Environmental
Quality (DEQ) Preliminary Soil Remediation Goals (PSRGs)
for residential settings. Benzo(a)pyrene was the only semi-
VOC (SVOC) detected above its residential PSRG. Metals
detected above the DEQ PSRGs for residential settings were
limited to single digit values of arsenic and values of
Contaminated Media
hexavalent chromium less than 1 milligram/kilogram
(mg/kg). Other compounds for which there is not an
established PSRG were detected in site soil, and these
compounds include p-isopropyltoluene and the polynuclear
aromatic hydrocarbons (PAHs) acenaphthylene,
benzo(g,h,i)perylene and phenanthrene.
Groundwater: Onsite groundwater includes concentrations of
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ENVIRONMENTAL INFORMATION SUMMARY
certain PAHs and metals in excess of their respective NC 2L
groundwater standards. The most recent sample event (2021)
did not confirm the presence of chlorinated VOCs, which was
detected in 2004 in a well (MW-C-03) that was installed on
the northern portion of the Brownfields Property. No
groundwater contaminants detected in 2021 at the
Brownfields Property exceed the Residential Vapor Intrusion
Screening Levels (VISLs) for VOCs in groundwater.
Sub -Slab Soil Gas: Benzene, 1,3-butadiene, ethylbenzene
and n-hexane exceeded their respective residential VISLs for
soil vapor. Other compounds detected in these sub -slab vapor
samples were acetone, ethanol, 4-ethyltoluene,
trichlorofluoromethane and 2,2,4-trimethylpentane but there
are no established VISLs for these compounds.
Exterior Soil Gas: No exterior soil -gas samples were
collected; the existing buildings cover the entire Brownfields
Property.
Indoor Air: This type of sample was not collected in the
existing buildings on the Brownfields Property.
Surface Water/Sediment: No surface water is located on the
Brownfields Property.
ID Numbers/Permits
IHSB Raleigh TTA Wilson Parcel (NONCD0001124 ) and
Raleigh TTA Dillon B Parcel ONCD0001126
Onsite Receptors Considered
Future onsite occupants, including residential tenants,
visitors, construction workers and trespassers.
i. Water supply wells: No public or irrigation wells were
identified in the surrounding area, and the potable water
supply for the Brownfields Property and the surrounding
areas is a municipal source.
Potential Offsite Receptors
Considered
ii. Residential structures, churches, or childcare centers: A
high -density residential structure is located adjacent to the
east, and a school and/or daycare center is present over 1,000
feet to the north-northwest (401 Hillsborough Street).
iii. Surface water: The nearest surface water is located over
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ENVIRONMENTAL INFORMATION SUMMARY
2,500 feet to the south.
Groundwater: No VOC groundwater contaminants were
detected above the residential VISLs during the onsite 2021
Potential offsite migration
assessment activities.
pathways
Soil Vapor: Petroleum soil vapor contaminants were
identified onsite; however, based on the hazard index, a soil
vapor concern has not been identified for offsite pathways.
4. Environmental reports regarding the Brownfields Property referred to hereinafter as
the "Environmental Reports," include, but are not limited to:
a. Those that the Prospective Developer obtained or commissioned regarding the
Brownfields Property:
Title
Prepared by
Date of Report
Phase I Environmental Site Assessment Report
URS Corporation
November 10, 2003
Phase II Environmental Site Assessment'
URS Corporation
May 13, 2004
File Review and Regulatory Evaluation
Terracon
Consultants, Inc.
October 4, 2018
Brownfields Assessment Report
Terracon
May 4, 2021
Consultants, Inc.
'This report is not signed nor sealed by an environmental professional and is missing the analytical
laboratory report; therefore, data from this report was used only qualitatively.
IV. PROSPECTIVE DEVELOPER'S INVOLVEMENT
5. For purposes of this Agreement DEQ relies on Prospective Developer's
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (BPA) dated March 6, 2019, and the
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following:
a. On June 1, 2004, Prospective Developer acquired the Brownfields Property
identified formerly as parcel 1703488450.
b. On January 26, 2005, Prospective Developer acquired the Brownfields
Property identified formerly as parcels 1703488314 and 1703488250.
6. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial, and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
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e. Prospective Developer has complied with all applicable procedural
requirements.
7. Prospective Developer has paid to DEQ the $2,000 fee to seek a brownfields
agreement required by NCGS § 130A-310.39(a)(1) and shall make a payment to DEQ of $6,000
at the time Prospective Developer and DEQ enter into this Agreement, defined for this purpose
as occurring no later than the last day of the public comment period related to this Agreement.
The Parties agree that such fees will suffice as the $2,000 fee to seek a brownfields agreement
required by NCGS § 130A-310.39(a)(1), and, within the meaning of NCGS § 130A-
310.39(a)(2), the full cost to DEQ and the North Carolina Department of Justice of all activities
related to this Agreement, unless a change is sought to a Brownfields document after it is in
effect, in which case there shall be an additional fee of at least $1,000.
V. BENEFIT TO COMMUNITY
8. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. a return to productive use of the Brownfields Property and elimination of the
drawbacks of unoccupied property;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of short-term jobs during construction activities and full-time
long-term jobs after redevelopment is completed;
d. an increase in tax revenue for affected jurisdictions;
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e. additional multi -modal public transportation center, retail, office, beverage or
food production facilities, restaurant, cocktail bar, event space, hotel, childcare, adult care,
educational space, parking, high -density residential with affordable housing units consistent with
local zoning conditions, health care facility, grocery, and recreation space for the area;
f. expanded use of public transportation which reduces traffic, improves air
quality and reduces our carbon footprint; and
g. "smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe ("greenfields").
VI. WORK TO BE PERFORMED
9. The guidelines as embodied in their most current version, including parameters,
principles and policies within which the desired results are to be accomplished are (as to: field
procedures, laboratory testing, Brownfields Program requirements, and remedial or mitigation
measures):
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
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Leadership in Energy and Environmental Design (LEED) certification program (Integrative
Process, Location and Transportation, Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Innovation, and Regional
Priority), or a similar program.
11. Based on the information in the Environmental Reports, other available reports, and
subject to imposition of and compliance with the land use restrictions set forth below, and
subject to Section XI of this Agreement (DEQ's Covenant Not to Sue and Reservation of
Rights), DEQ is not requiring Prospective Developer to perform any active remediation at the
Brownfields Property other than remediation that may be required pursuant to a DEQ-approved
Environmental Management Plan ("EMP") as specified in subparagraph 12.b. below.
VII. LAND USE RESTRICTIONS
12. By way of the Notice of Brownfields Property referenced below in paragraph 16,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards.
Land Uses
a. No use may be made of the Brownfields Property other than for a multi -modal
public transportation center, retail, office, beverage or food production facility, restaurant,
cocktail bar, event space, hotel, childcare, adult care, educational space, parking, high -density
residential with affordable housing units consistent with local zoning conditions, health care
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facility, grocery, recreation, and subject to DEQ prior written approval, other commercial uses.
These land uses and their definitions below apply solely for purposes of this agreement and do
not waive any local zoning, rule, regulation or permit requirements:
i. "A multi -modal public transportation center" shall mean a facility that
serves the needs of the traveling public for a wide variety of public conveyances, including but
not limited to city and regional bus service, taxis, and other modes of public transportation, a bus
station building, transportation conveyances that regularly stop to load or unload passengers, and
that provides ancillary services such as ticket sales, waiting and rest rooms, restaurants, and other
public amenities;
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;
are provided;
iii. "Office" is defined as a place where business or professional services
iv. "Beverage and food production facility" is defined as an establishment
for the manufacture, sale and distribution of beverages or food products, including without
limitation beer, ale, and/or distilled spirits;
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;
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vi. "Cocktail bar" is defined as a commercial business establishment that
prepares and serves mixed alcoholic drinks and other beverages, and snacks under all applicable
local, state, and federal regulations to patrons;
vii. "Event space" is defined as a location where private or public
gatherings may be held, including family or company gatherings for social or business occasions,
or other entertainment -related gatherings such as charitable events, festivals, theater, musical or
other shows, which may include an outdoor stage, and the preparation and serving of food and
beverages, including alcoholic beverages, under all applicable local, state and federal regulations
to guests;
viii. "Hotel" is defined as the provision of overnight lodging to paying
customers and associated food services, gym, reservation, cleaning, utilities, parking and onsite
hospitality, management and reception services;
ix. "Childcare" is defined as the care and supervision of children by adults
in a non-profit or profit -based setting as defined in NCGS § 110-86(2);
x. "Adult care" is defined as long-term, non -medical residential services to
adults that are unable to live independently due to physical, mental or other limitations;
xi. "Educational space" is defined as interior space operated by a privately
or publicly owned institution, facility, or enterprise that provides education to pre-school,
elementary, and older students, including session camps designed for school -age children;
xii. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same;
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xiii. "High -density residential" is defined as permanent dwellings, such as
condominia and apartments, consistent with City of Raleigh Conditional Use District Zoning
Conditions dated September 20, 2019, which are provided as Exhibit 3 to this Agreement and
including any future modifications thereof, where residential units are attached to each other with
common walls, and any property outside the dwelling structures is usable by all residents and not
privately owned as part of a particular unit (e.g., privately -owned courtyards are prohibited), and
may include related amenities, such as pools, clubhouses, courtyards, common areas, recreation
areas, and parking garages. Single family homes, townhomes, duplexes or other units with yards
are prohibited;
xiv. "Health Care Facility" is defined as a hospital, urgent care clinic, a
medical clinic (excluding veterinary), rehabilitation center, health maintenance organization
(excluding a group home), which routinely provides for the diagnostics, care, treatment of and
testing for physical or psychological injury or illness, or disability and/or for the short-term
boarding of patients;
xv. "Grocery" is defined as a retail store that offers non-perishable foods
packaged in bottles, boxes and cans, perishable food such as baked goods, meats, deli products
and fresh produce, and which may sell non-food items such as clothing and household items, and
provide pharmacy, financial or other services;
xvi. "Recreation" is defined as indoor and outdoor exercise -related,
physically focused or leisure -related activities, whether active or passive, and the facilities for
same, including, but not limited to, studios, swimming or wading pools, splash pads, clubhouses,
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sports -related courts and fields, open space, greenways, parks, playgrounds, walking paths,
picnic' and public gathering areas; and
xvii. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
Environmental Management Plan
b. Physical redevelopment of the Brownfields Property may not occur other than
in accordance, as determined by DEQ, with an EMP approved in writing by DEQ in advance
(and revised to DEQ's written satisfaction prior to each subsequent redevelopment phase) that is
consistent with all the other land use restrictions and describes redevelopment activities at the
Brownfields Property, the timing of redevelopment phases, and addresses health, safety and
environmental issues that may arise from use of the Brownfields Property during construction or
redevelopment in any other form, including without limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above.
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., underground storage tanks [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
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Brownfields Property during redevelopment.
Redevelopment Summary Report
c. Within 90 days after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues (except
that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then
owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval
on environment -related activities since the last report, with a summary and drawings, that
describes:
i. actions taken on the Brownfields Property in accordance with Section
VI: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater, or other materials
suspected or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
Demolition Activities
d. Unless compliance with this Land Use Restriction is waived in writing in
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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
e. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 12.a.
above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 12.b., or a plan approved in
writing in advance by DEQ.
Soil
f. No activity that disturbs soil on the Brownfields Property may occur unless and
until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
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ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
EMP as outlined in subparagraph 12.b.
g. No use of the Brownfields Property may occur until the then owner of the
Brownfields Property conducts representative final grade soil sampling, pursuant to a plan
approved in writing by DEQ, of any area that is not covered by building foundations, sidewalks,
or asphaltic or concrete parking areas and driveways.
h. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined in paragraph 12.b.
i. The Brownfields Property may not be used as a playground, or for child care
centers or schools, except in areas where sampling has shown that clean soils are present, or two
feet of demonstrably clean fill, or another cover approved in writing in advance by DEQ, are
installed to DEQ's written satisfaction, delineated to DEQ's written satisfaction as "Approved
for "Playground," "Child Care Center" or "School" areas on the plat component of the Notice
referenced below in paragraph 16, maintained, and left undisturbed other than through normal
playground, child care center, or school use.
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Vapor Intrusion
j. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 16 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building's users and public
health from the risk of vapor intrusion based on site assessment data, or a site -specific risk.
assessment approved in writing by DEQ; or
ii. vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors into
building features in accordance with the most recent and applicable DWM Vapor Intrusion
Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American
National Standards Institute (ANSI)/American Association of Radon Scientists and
Technologists (AARST) standards, and that a professional engineer licensed in North Carolina,
as evidenced by said engineer's professional seal, is satisfied that the design is fully protective of
public health, and shall include a performance monitoring plan detailing methodologies and
schedule, both of which are subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as -built diagrams, photographs, and a description of the installation, with
said engineer's professional seal confirming that the engineer is satisfied that the system was
installed per the DEQ approved design. If any deviations from the system design were necessary
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during installation, then the report shall include details on said deviations, as well as the
engineer's seal certifying the VIMS, as installed, was installed in such a manner so as to be fully
protective of public health.
Property Access
k. 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.
Monitoring Wells
1. Within 60 days after the effective date of this Agreement or prior to land
disturbance activities, whichever occurs first, Prospective Developer shall abandon all
monitoring wells, injection wells, recovery wells, piezometers and other man-made points of
groundwater access at the Brownfields Property, in accordance with Subchapter 2C of Title 15A
of the North Carolina Administrative Code, unless an alternate schedule is approved by
DEQ. Within 30 days after doing so, the Prospective Developer shall provide DEQ a report,
setting forth the procedures and results.
Damage to Wells
m. Except for the work related to subparagraph 12.1. above, the owner of any
portion of the Brownfields Property where any existing, or subsequently installed, DEQ-
approved monitoring well is damaged by the owner, its contractors, or its tenants, the owner shall
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be responsible for repair of any such wells to DEQ's written satisfaction and within a time period
acceptable to DEQ, unless compliance with this Land Use Restriction is waived in writing by
DEQ in advance.
Notification of Tenants
n. 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 .15A copy of any such instrument shall be sent to the
persons listed in Section XVII (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said redactions
comply with the confidentiality and trade secret provisions of the North Carolina Public Records
Law. The owner may use the following mechanisms to comply with the obligations of this
paragraph: (i) If every lease and rider is identical in form, the owner conveying an interest may
provide DEQ with copies of a form lease or rider evidencing compliance with this subparagraph,
in lieu of sending copies of actual, executed leases, to the persons listed in Section XVII (Notices
and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather
than full copies of said leases, to the persons listed in Section XVII.
Separating Old from New Contamination
o. 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
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Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment and vehicles in on -board tanks integral to said equipment or in flammable
liquid storage containers totaling no more than 25 gallons; and
iii. as constituents of products and materials customarily used and stored
in a multi -modal public transportation center, retail, office, beverage or food production facility,
restaurant, cocktail bar, event space, hotel, childcare, adult care, educational space, parking,
high -density residential with affordable housing units consistent with local zoning conditions,
health care facility, grocery and recreation environments, 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
p. During January of each year after the year in which the Notice referenced
below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of
January 1 st of that year shall submit.a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of Wake County, certifying that,
as of said January 1st, the Notice of Brownfields Property containing these land use restrictions
remains recorded at the Wake County Register of Deeds office and that the land use restrictions
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are being complied with. If the property is transferred, the grantor shall submit a LURU (as
outlined above) which covers the period of time they owned the property. The submitted LURU
shall state the following:
i. the Brownfields Property address, and the name, mailing address,
telephone number, and contact person's e-mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a
joint LURU is submitted, acquired any part of the Brownfields Property during the previous
calendar year;
ii. the transferee's name, mailing address, telephone number, and contact
person's e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year;
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 12.j. 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. whether any soil caps installed pursuant to subparagraph 12.i. above are
being maintained such that they are intact, uncompromised, in good condition and continuing to
serve as barriers to the soil contamination in relation to which they were installed;
v. a LURU submitted for rental units shall include enough of each lease
entered into during the previous calendar year to demonstrate compliance with lessee notification
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requirements in paragraphs 17 and 18 of this agreement provided that if standard form leases are
used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual
leases;
vi. A joint LURU may be submitted for multiple owners by a duly
constituted board or association and shall include the Brownfields Property address, and the
name, mailing address, telephone number and contact person's e-mail address of the entity
submitting the joint LURU as well as for each of the owners on whose behalf the joint LURU is
submitted; and
vii. A property owners' association or other entity may perform this
LURU's duties, 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.
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
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BKO19499PGO2257
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VIII. ACCESS/NOTICE TO.SUCCESSORS IN INTEREST
15. In addition to providing access to the Brownfields Property pursuant to subparagraph
12.k. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
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
24
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BKO19499PGO2258
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
County land records, Book , Page ." A copy of any such instrument
shall be sent to the persons listed in Section XVII (Notices and Submissions), though financial
figures and other confidential information related to the conveyance may be redacted to the
extent said redactions comply with the confidentiality and trade secret provisions of the North
Carolina Public Records Law. Prospective Developer may use the following mechanisms to
comply with the obligations of this paragraph: (i) If every lease and rider is identical in form,
Prospective Developer may provide DEQ with copies of a form lease or rider evidencing
compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XVII (Notices and Submissions); or (ii) Prospective Developer may
provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section
XVII.
18. The Prospective Developer shall ensure that a copy of this Agreement is provided to
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BKO19499PGO2259
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
IX. DUE CARE/COOPERATION
19. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, 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
the Brownfields Property Application dated March 6, 2019, by which it applied for this
Agreement. That use is that which is provided in paragraph 12.a. of this Agreement.
Prospective Developer also certifies that to the best of its knowledge and belief it has fully and
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BKO19499PGO2260
accurately disclosed to DEQ all information known to Prospective Developer and all information
in the possession or control of its officers, directors, employees, contractors and agents which
relates in any way to any past use of regulated substances or known contaminants at the
Brownfields Property and to its qualification for this Agreement, including the requirement that
it not have caused or contributed to the contamination at the Brownfields Property.
XI. DEQ'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
21. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
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
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BKO19499PGO2261
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
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.
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BKO19499PGO2262
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 sec .
24. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 21 through 23 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
25. In consideration of DEQ's Covenant Not To Sue in Section XI of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above -referenced Notice of Brownfields Property.
XIII. PARTIES BOUND
26. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
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BKO19499PGO2263
Developer, its officers, directors, employees, and agents. Each Party's signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XIV. DISCLAIMER
27. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer's duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
28. Except for the land use restrictions set forth in paragraph 12 above and NCGS §
130A-310.33(a)(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
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BKO19499PGO2264
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XVI. PAYMENT OF ENFORCEMENT COSTS
30. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section VI (Work to be Performed) and Section
VII (Land Use Restrictions), it shall be liable for all litigation and other enforcement costs
incurred by DEQ to enforce this Agreement or otherwise obtain compliance.
XVII. NOTICES AND SUBMISSIONS
31. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information or delivery method, all notices and submissions pursuant to this
Agreement shall be sent by prepaid first-class U.S. mail or courier service, as follows:
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BKO19499PGO2265
a. for DEQ:
Brownfields Property Management Unit (or successor in function)
N.C. Division of Waste Management
Brownfields Redevelopment Section
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:
Charles Lattuca, President and CEO (or successor in function)
GoTriangle
4600 Emperor Boulevard, Suite 100
Durham, NC, 27703
Notices and submissions sent by prepaid first-class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVIII. EFFECTIVE DATE
32. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ's approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in NCGS § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and to invalidate its signature on this Agreement.
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BKO19499PGO2266
XIX. TERMINATION OF CERTAIN PROVISIONS
33. If any Party believes that any or all of the obligations under Section IX
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XX. CONTRIBUTION PROTECTION
34. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
35. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
36. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XXI. PUBLIC COMMENT
37. This Agreement shall be subject to a public comment period of at least 30 days
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BKO19499PGO2267
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.
IT IS SO AGREED:
NORTH CAROLINA DE ARTMENT OF ENVIRONMENTAL QUALITY
By: Q .
�� L 12 -N
Bruce Nicholson Date
Chief, Brownfields Redevelopment Section
IT IS SO AGREED:
Research Triangle Re ' nal Public Transportation Authority dba GoTriangle
By: _ /
President and CEO
34
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_ ?-a23
IZ-/3- Z_ z3
Date

BKO19499PGO2269
Exhibit 2
Brownfields Property Name: Raleigh Union Station (RUS) Bus
Brownfields Project Number: 23010-19-092
The following tables set forth, for contaminants present at the Brownfields Property above
unrestricted use standards or screening levels as reported in the Environmental Reports in
paragraph 4 of the Brownfields Agreement to which this is an exhibit, the concentration found at
each sample location, and the applicable standard or screening level. Screening levels and
standards are shown for reference only and are not set forth as cleanup or mitigation levels for
purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the
standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, or the 2L Groundwater Interim Maximum Allowable
Concentrations (IMACS) (April 1, 2022 version):
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Maximum
Concentration
ExceedingStandard
L
Standard
(µme )
Benzo a anthracene
MW-1
1/27/2021
0.369J
0.05
Benzo fluoranthene
MW-1
1/27/2021
0.371J
0.05
Benzo(a)pyrene
MW-1
1/27/2021
0.365J
0.005
TW-03
1/27/2021
0.0724J
Chromium, Total
TW-03
1/27/2021
11.5
10
Chromium, Hexavalent
TW-02
1/27/2021
0.828
NSE
TW-03/ Du
1/27/2021
0.792/ 0.751
Dibenz a,h anthracene
MW-1
1/27/2021
0.415J
0.005
Indeno 1,2,3-cd) pyrene
MW-1
1/27/2021
0.423J
0.05
Iron
TW-02
1/27/2021
702
300
TW-03/ Du
1/27/2021
4,830/ 238
Manganese
MW-1
1/27/2021
131
50
TW-02
1/27/2021
172
TW-03/Du
1/27/2021
456/288
NSE — No screening level established.
J — The reported concentration is an estimated value between the method detection limit and the laboratory
reporting limit.
Raleigh Union Station (RUS) Bus/23010-19-092/300ctober2023

BKO19499PGO2270
SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Industrial Health -Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (January
2022 version):
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
m
Residential
Screening
Level'
(mg/kg)
Acenaphthylene
SB-02
0-3
1/26/2021
0.0309J
NSE
SB-03
3-8
1/26/2021
0.0318J
SB-01
0-3
1/26/2021
2.02J
SB-02
0-3
1/26/2021
2.11J
SB-03
0-3
1/26/2021
1.18J
Du -SB 0-3
0-3
1/27/2021
0.955J
SB-03
3-8
1/26/2021
1.04J
SB-04
3-8
1/26/2021
2.44J
Arsenic
SB-01
0-3
1/26/2021
2.02J
0.68
SB-02
0-3
1/26/2021
2.11J
SB-03
0-3
1/26/2021
1.18J
Du -SB 0-3
0-3
1/27/2021
0.955J
SB-03
3-8
1/26/2021
1.04J
SB-04
3-8
1/26/2021
2.44J
Benzo(a)pyrene
SB-02
0-3
1/26/2021
0.523
0.11
SB-03
3-8
1/26/2021
0.87
i) a lene
Benzo(g' h'pry
SB-01
0-3
1/26/2021
0.0413J
NSE
SB-01
3-8
1/26/2021
0.00836J
SB-02
0-3
1/26/2021
0.234
SB-02
3-8
1/26/2021
0.00861J
SB-03
3-8
1/26/2021
0.389
SB-04
3-8
1/26/2021
0.0334J
Chromium, Hexavalent
SB-02
3-8
1/26/2021
0.522J
0.31
SB-03
3-8
1/26/2021
0.349J
-Iso ro ltoluene
SB-01
0-3
1/26/2021
0.00586J
NSE
Phenanthrene
SB-01
0-3
1/26/2021
0.0443
NSE
SB-01
3-8
1/26/2021
0.0181 J
SB-02
0-3
1/26/2021
0.327
SB-02
3-8
1/26/2021
0.0111J
SB-03
3-8
1/26/2021
0.142
Du -SB 0-3
0-3
1/27/2021
0.0102J
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NSE — No screening level established.
2
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BKO19499PGO2271
J — The reported concentration is an estimated value between the method detection limit and the laboratory
reporting limit.
These single digit arsenic values are consistent with naturally occurring arsenic in NC soils.
SUB -SLAB VAPOR
Sub -slab vapor contaminants in micrograms per cubic meter, the screening levels for which
are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (January 2022 version):
Sub -Slab Vapor
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level m3
Residential
Screening
Level'
rn
Acetone
SV-01/Du
2/19/2021
16.8/17
NSE
SV-03
1/26/2021
38.5
SG-01
1/26/2021
15.4
SG-02
1/26/2021
37.5
SG-03
1/26/2021
225
Benzene
SG-01
1/26/2021
14
12
SG-02
1/26/2021
29.7
SG-03
1/26/2021
105
1,3-Butadiene
SV-01/Du
2/19/2021
4.43/4.43
3.1
S V-03
1/26/2021
4.43
SG-01
1/26/2021
4.43
SG-02
1/26/2021
21.1
SG-03
1/26/2021
4.43
Ethanol
SV-01/Du
2/19/2021
38.7/43.4
NSE
SV-03
1/26/2021
25.8
SG-01
1/26/2021
10.9
SG-02
1/26/2021
14.5
SG-03
1/26/2021
62.2
Eth lbenzene
SG-03
1/26/2021
84.5
37
4-Ethyltoluene
SG-01
1/26/2021
1.65
NSE
SG-02
1/26/2021
14.5
SG-03
1/26/2021
28.9
n-Hexane
SG-03
1/26/2021
5,180
4,900
Trichlorofluoromethane
SV-01/Du
2/19/2021
1.17/1.19
NSE
S V-03
1/26/2021
1.19SG-01
1/26/2021
1.80
SG-02
1/26/2021
2.83
2,2,4-Trimethylpentane
SV-01 Du
2/19/2021
7.71
NSE
SG-01
1/26/2021
20.3
SG-02
1/26/2021
17.5
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NSE — No screening level established.
Raleigh Union Station (RUS) Bus/23010-19-092/300ctober2023

BKO19499PGO2272
Exhibit 3
Brownfields Property Name: Raleigh Union Station (RUS) Bus
Brownfields Project Number: 23010-19-092
FiL >sW'�-.' �.S�M �K a�<3yxf,�r. tC!'? Sk,�q,,�, G. r M 'it. '{z "•
YA'„ to o �: �..'f�..lS 4°+Ki� ':ft zr+s 1^;. f.l 1}�. IY':,y•la.� rt E 4C
ING� TIONS
Y t:aStes�saCONDITIONA y jt
5a ti 4z ia' t i
r, : c
4, �x.,.°.wi. !f1t .. Cr
Zoning Case Number
OFFICE
�ONLY
t j�USE
Transactton #
Date Submitted 9/2 1
0/ 9:,
t
-?±,t.
4
#nr� yam, i�p a �
. ' � Rezoning Case # �?
$�`L`�
Existing Zoning DX-12-SH Propoa�znning nY_e n r i i
S�+:S
�y�...�t .iji••,��••�r,ThU+..''*i
C
�`�JA�3'1—,:+�-t4.�,. syS�Y 2�,���{f��• Pik•?0.�=�r2k4i-SW`_ F'Sk.�i <�•r 4��4.�TtJr..�'�� ..'.?. i 'k�c
Enter a'nuinbered list of conditions below. Each page.of conditions must list the case number and submittal date.
1. In addition to those otherwise prohibited by the UDO, the following uses are prohibited: dormitory, fraternity,
sorority; cemetery; adult establishment; pawnshop; vehicle fuel sales; detention c'enter, jail, prison;
self -storage. t
2. The property owner will dedicate no less than 20 units or 10% of units, whichever is greater, as affordable
for households earning 80% area median income or less for a period of no less than 15 years from the date of
issuance of a certificate of occupancy. The rent and income limits will follow the Affordable Housing Standards
determined annually by the City of Raleigh Housing & Neighborhoods Department. An Affordable Housing
Deed Restriction in a form approved by the City shall be filed and recorded in the property's chain of title by the
property owner in the Wake County Register of Deeds prior to the project receiving a certificate of occupancy.
Affordable units offered within this condition shall be constructed concurrently with the project's market rate
units. The property owner shall certify to the City compliance with this zoning condition on an annual basis.
3. Any principal building/structure shall be a mixed use building type.
4. No on -site parking shall be permitted between the building and W. Hargett Street. No on -site parking shall
be permitted between the building and S. West Street. No on -site parking shall be permitted between the
building and W. Martin Street. Drive aisles and bus idling areas shall not be considered as parking for
purposes of this condition.
5. The building shall have pedestrian access on the portion facing S. West Street with maximum street
entrance spacing of 50'.7
6. Permitted building siding materials shall include any combination of brick, stone, concrete masonry,
cementitious siding, wood, metal, terracotta and/or glass. l ,
7. Where the upper stories of structured parking are located at the perimeter of a building, they must be
screened so that cars are not visible from adjacent streets. Sloped ramps shall not be discernible along the
perimeter of any parking structure. Architectural and vegetative screens must be '.used to articulate the fagade,
hide parked vehicles, and shield lighting.
8. The ground story must have active uses (such as, but not limited to, residential, commercial, office or civic
space) along West Street and along the southern property line adjacent to Wake County PIN 1703488053.
9. If sufficient building materials are determined to be eligible to be preserved or reused, then a minimum of
1,000 square feet of existing building materials, or as otherwise required by Section 106 of the National
Historic Preservation Act, 16 U.S.C. 470 et seq., shall be preserved or repurposed.•
i'
These zoning conditions have been voluntarily offered by the property owner. All property owners must sign each
condition page. This page may be photocopied if additional space is needed.
Owner/Agent Signature
RAC' E I
i SEP 2 0. 2019
Ali
Print Name Shelley Blake
W W W.RALEIGHNC.GOV
REVISION 6.19.19

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BKO19499PGO2276
Exhibit C
Legal Description
BEGINNING AT AN PK NAIL (P.O.B.) AT THE INTERSECTION OF THE CSX RAILROAD RIGHT OF WAY AND
SOUTHERN RIGHT OF WAY FOR W HARGETT ST HAVING NORTH CAROLINA GRID (NAD83/2011)
COORDINATES OF NORTH 738,439.887 EAST 2,104,714.217; THENCE ALONG THE SOUTHERN RIGHT OF
WAY OF W HARGETT STS87°37'11"E 241.95 FEET TO A COMPUTED POINT AT THE INTERSECTION OF W
HARGETT ST & S WEST ST; THENCE ALONG THE WESTERN RIGHT OF WAY OF S WEST ST S02°12'15"W
345.69 FEET TO A DRILL HOLE FOUND, THE COMMON CORNER WITH THE CITY OF RALEIGH (DEED BOOK
16002, PAGE 492); THENCE ALONG THE COMMON LINE WITH THE CITY OF RALEIGH N87°50'32"W
185.59 FEET TO A COMPUTED POINT ALONG THE RIGHT OF WAY WITH CSX RAILROAD; THENCE ALONG A
CURVE TO THE RIGHT HAVING A RADIUS OF 2258.14, AN ARC LENGTH OF 229.54 WITH A CHORD
BEARING AND DISTANCE OF N08°51'04"W 229.44 FEET TO A COMPUTED POINT; THENCE N04°1314111W
69.17 FEET TO A COMPUTED POINT; THENCE NO2°47'57"W 52.86 TO THE POINT OF BEGINNING,
CONTAINING 75,754 SQUARE FEET OR 1.739 ACRES.
Raleigh Union Station (RUS) Bus/23010-19-092/30Oetober2023

BKO19499PGO2277
MM"M
0 0000�0000�
mom
;�Mz
WAKE
COUNTY
NORTH CAROLINA
BOOK:019499 PAGE:02222 - 02277
Please retain yellow trailer page
It is part of the recorded document and.must be submitted with the original for re-
recording.
Tammy L. Brunner
Register of Deeds
Wake County Justice Center
300 South Salisbury Street, Suite 1700
Raleigh, NC 27601
❑ New Time Stamp
❑ Additional Document Fee
This Customer Group
# of Excessive Entities
# of Time Stamps Needed
❑ $25 Non -Standard Fee
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