HomeMy WebLinkAbout17046_WLewisSt_PCPkg_20240219NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY
Brownfields Property Name: West Lewis Street
Brownfields Project Number: 17046-13-041
North Carolina's Brownfields Property Reuse Act (the "Act"), North Carolina General Statutes ("NCGS")
§ 130A-310.30 through 130A-310.40, provides for the safe redevelopment of abandoned, idled, or underused
properties at which expansion or redevelopment is hindered by actual or potential environmental contamination.
One of the Act's requirements is the submittal of this Notice of Intent to Redevelop a Brownfields Property ("NI")
that has been approved by the North Carolina Department of Environmental Quality ("DEQ") for public notification
purposes as per NCGS § 130A-310.34(a). The NI shall provide, to the extent known, a legal description of the location
of the Brownfields Property, a map showing the location of the Brownfields Property, a description of the
contaminants involved and their concentrations in the media of the Brownfields Property, a description of the
intended future use of the Brownfields Property, any proposed investigation and remediation, and a proposed Notice
of Brownfields Property ("NBP") prepared in accordance with NCGS § 130A-310.35. The proposed NBP for a
particular brownfields project is attached hereto. The proposed NBP includes the proposed Brownfields Agreement,
which is attached as Exhibit A, and the other required elements of this NI. A Summary of this Notice of Intent
("SNI") shall include a statement as to the public availability of the full NI. The party ("Prospective Developer")
who desires to enter into a Brownfields Agreement with DEQ must provide a full copy of this NI to all local
governments having jurisdiction over the Brownfields Property.
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as
the day after which all of the following public notice tasks have occurred: the date the required SNI is: (1) published
in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2) conspicuously
posted at the Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written public comments may be submitted to DEQ within 30 days after the public comment
period begins. Written requests for a public meeting may be submitted to DEQ within 21 days after the public
comment period begins. These periods will start no sooner than February 26, 2024, and will end no sooner than the
later of: 1) 30 and 21 days, respectively, after that; or 2) 30 and 21 days, respectively, after completion of the latest
of the three (3) above -referenced tasks, if such completion occurs later than the date stated herein. All comments
and meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Redevelopment Section Chief
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
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SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: West Lewis Street
Brownfields Project Number: 17046-13-041
Pursuant to the North Carolina Brownfields Property Reuse Act (the "Act") authorized by North Carolina General
Statutes (NCGS) § 130A-310.30 through 130A-310.40, and specifically pursuant to NCGS § 130A-310.34, AZ
Development, LLC, as Prospective Developer, has filed with the North Carolina Department of Environmental Quality
("DEQ") a Notice of Intent to Redevelop a Brownfields Property (`Brownfields Property") located at 109, 117-B 1, and 120
W. Lewis Street, Greensboro, Guilford County. The Brownfields Property, which is the former site of the Model Linen dry
cleaners and other drycleaning operations, auto repair, bottling works, and other commercial uses, has committed itself to
redevelop the Brownfields Property for no uses other than retail, restaurant, beverage or food production facility, office,
event space, and subject to DEQ's prior written approval, other commercial uses. The Notice of Intent to Redevelop a
Brownfields Property includes: (1) a proposed Brownfields Agreement between DEQ and AZ Development, LLC, which
in turn includes (a) a map showing the location of the Property, (b) a description of the contaminants involved and their
concentrations in the media of the Property, (c) the above -stated description of the intended future use of the Brownfields
Property, and (d) proposed investigation and remediation; and (2) a proposed Notice of Brownfields Property prepared in
accordance with NCGS § 130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at the Greensboro Public Library,
219 N. Church Street, Greensboro, NC 27401 by contacting Neil Clark at (336) 373-2471 or at
neil.clarkngreensboro-nc.gov; or at the offices of the N.C. Brownfields Redevelopment Section, 217 West Jones
Street, Raleigh, NC or by contacting Shirley Liggins at that address, at shirley.liggins(d),deq.nc.gov, or at (919)
707-8383. The full Notice of Intent to Redevelop a Brownfields Property may be reviewed online at the DEQ public record
database, Laserfiche, by entering the project number 17046-13-041 into the search bar at the following web address:
https:Hedocs.deq.nc.gov/WasteMana eg ment/
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as the day
after which all of the following public notice tasks have occurred: the date this Notice is: (1) published in a newspaper of
general circulation serving the area in which the Brownfields Property is located; (2) conspicuously posted at the
Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the Brownfields Property.
Written public comments may be submitted to DEQ within 30 days after the public comment period begins. Written requests
for a public meeting may be submitted to DEQ within 21 days after the public comment period begins. These periods will
start no sooner than February 26, 2024 and will end no sooner than the later of. 1) 30 and 21 days, respectively, after that;
or 2) 30 and 21 days, respectively, after completion of the latest of the three (3) above -referenced tasks, if such completion
occurs later than the date stated herein. All public comments and public meeting requests should be addressed as follows:
Bruce Nicholson, Chief
Brownfields Redevelopment Section
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646Rede
WLewis St/17046-13-041/19F62024
Property Owner: AZ Development, LLC & Boxcar GSO Holdings, LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: West Lewis Street
Brownfields Project Number: 17046-13-041
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 20_ by AZ
Development, LLC ("Prospective Developer").
This Notice concerns contaminated property.
A copy of this Notice certified by the North Carolina Department of Environmental
Quality ("DEQ") is required to be filed in the Register of Deeds' Office in the county or
counties in which the land is located, pursuant to North Carolina General Statutes
("NCGS"), § 130A-310.35(b).
This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate
the danger to public health or the environment posed by environmental contamination at a
property (`Brownfields Property") being addressed under the Brownfields Property Reuse
Act of 1997, NCGS § 130A, Article 9, Part 5 ("Act").
Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified
copy of this Notice within 15 days of Prospective Developer's receipt of DEQ's approval of
the Notice or Prospective Developer's entry into the Brownfields Agreement required by the
Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the
grantor index under the names of the owners of the land and, if Prospective Developer is not
the owner, also under the Prospective Developer's name.
The Brownfields Property is located at 109, 117-B 1, and 120 W. Lewis Street, Greensboro,
Guilford County and is comprised of three parcels totaling about 1.22 acres. The former uses of
the Brownfields Property include drycleaning, auto repair, storage, and other commercial uses.
The Prospective Developer plans to redevelop the Brownfields Property for no uses other than
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retail, restaurant, beverage or food production facility, office, event space, and subject to DEQ's
prior written approval, other commercial uses. Contamination exists in site groundwater, sub -slab
vapor, indoor air, and crawl space air.
The Brownfields Agreement between Prospective Developer and DEQ is attached
hereto as Exhibit A. It is required by NCGS § 130A-310.32 and sets forth the use that may
be made of the Brownfields Property and the measures to be taken to protect public health
and the environment. The Brownfields Agreement's Exhibit 2 consists of one or more data
tables reflecting the concentrations of and other information regarding the Brownfields
Property's regulated substances and contaminants.
Attached as Exhibit B to this Notice is a reduction, to 8.5 inches x 11 inches, of the survey
plat component of this Notice. This plat shows areas designated by DEQ, has been prepared and
certified by a professional land surveyor, meets the requirements of NCGS § 47-30, and complies
with NCGS § 130A-310.35(a)'s requirement that the Notice identify:
(1) The location and dimensions of the areas of potential environmental concern with
respect to permanently surveyed benchmarks.
(2) The type, location and quantity of regulated substances and contaminants known to
exist on the Brownfields Property.
Attached hereto as Exhibit C is a legal description of the Brownfields Property that would
be sufficient as a description of the property in an instrument of conveyance.
LAND USE RESTRICTIONS
NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the
current and future use of the Brownfields Property that are necessary or useful to maintain the
level of protection appropriate for the designated current or future use of the Brownfields Property
and that are designated in the Brownfields Agreement. The restrictions shall remain in force in
perpetuity unless canceled by the Secretary of DEQ (or its successor in function), or his/her
designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e). All
references to DEQ shall be understood to include any successor in function.
The land use restrictions below have been excerpted verbatim from paragraph 12 of
the Brownfields Agreement, and all subparagraph letters/numbers are the same as those
used in the Brownfields Agreement. The following land use restrictions are hereby imposed
on the Brownfields Property:
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. As referenced in paragraph 3 above, for Parcel 7864640041 (120 W. Lewis
Street), there were previous land use restrictions recorded by way of the Model Linen Notice of
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Brownfields Property at the Guilford County Register of Deeds on September 14, 2006 (Book
6599, Page 1539-1564), and by an associated brownfields survey plat recorded on July 19, 2006
in Plat Book 166, Page 1 as part of a previous brownfields agreement (Brownfields Project No.
08007-04-041). The land use restrictions placed herein supersede and replace the original land
use restrictions recorded for Parcel 7864640041 with those set forth in this paragraph. All
references to DEQ shall be understood to include any successor in function.
Land Uses
a. No use may be made of the Brownfields Property other than for retail,
restaurant, beverage or food production facility, office, event space, and subject to DEQ's prior
written approval, other commercial uses. These land uses and their definitions below apply
solely for purposes of this Agreement, and do not waive any local zoning, rule, regulation, or
permit requirements:
i. "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.
ii. "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.
iii. "Beverage or 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.
iv. "Office" is defined as a place where business or professional
services are provided.
v. "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.
vi. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
Specific Prohibitions
b. The Brownfields Property may not be used for childcare centers, adult care
centers, or schools without the prior written approval of DEQ.
c. The Brownfields Property may not be used for residential use without the prior
written approval of DEQ.
d. The Brownfields Property may not be used for dry cleaning operations using
chlorinated solvents.
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Environmental Management Plan
e. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan ("EMP") approved
in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators, soil
contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment.
Redevelopment Summary Report
f. Within 90 days after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues (except
that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then
owner of the Brownfields Property shall provide DEQ a report 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).
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Groundwater
g. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 12.a.
above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 12.e. above, or a plan
approved in writing in advance by DEQ.
Soil
h. No activity that disturbs soil on the Brownfields Property may occur unless and
until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 12.a. above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined in subparagraph 12.e.
i. 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.e.
Vapor Intrusion
j. No disturbance or alteration of the slab or crawl spaces within the existing
building footprints, as depicted on the plat component of the Notice of Brownfields Property
referenced in paragraph 16 below, may occur unless in accordance with a DEQ-approved EMP,
or unless in the case of emergency circumstances for repair of underground infrastructure, in
which case DEQ shall be provided written notice no later than the next business day and any
related assessment and remedial measures required by DEQ shall be taken.
k. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 16 below, may be occupied for residential use until DEQ
determines in writing that:
i. the building is or would be protective of the building's users and public
health from the risk of vapor intrusion based on site assessment data, or a site -specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
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1. designed to mitigate the intrusion of subsurface vapors
into building features in accordance with the most recent and applicable DWM Vapor Intrusion
Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American
National Standards Institute (ANSI)/American Association of Radon Scientists and
Technologists (AARST) standards, and that a professional engineer licensed in North Carolina,
as evidenced by said engineer's professional seal, is satisfied that the design is fully protective of
public health, and shall include a performance monitoring plan detailing methodologies and
schedule, both of which are subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as -built diagrams, photographs, and a description of the installation, with
said engineer's professional seal confirming that the engineer is satisfied that the system was
installed per the DEQ approved design. If any deviations from the system design were necessary
during installation, then the report shall include details on said deviations, as well as the
engineer's seal certifying the VIMS, as installed, was installed in such a manner so as to be fully
protective of public health.
Surface Water
1. Surface water at the Brownfields Property may not be used for any purpose,
other than in connection with legally compliant storm water collection and reuse techniques,
without the prior written approval of DEQ.
Property Access
in. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
Abandonment of Monitoring Wells
n. 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 manmade 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
o. Except for the work related to subparagraph 12.n. 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.
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Notifications upon Transfer
p. 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 Guilford 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 or rider is identical in form, the owner conveying an interest may
provide DEQ with copies of a form lease or rider evidencing compliance with this subparagraph,
in lieu of sending copies of actual, executed leases, to the persons listed in Section XVII (Notices
and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather
than full copies of said leases, to the persons listed in Section XVII.
Separating Old from New Contamination
q. 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; or
iii. as constituents of products and materials customarily used and stored
in retail, restaurant, beverage or food production facility, office, event space, and subject to
DEQ's prior written approval, other commercial use environments, provided such products and
materials are stored in original retail packaging and used and disposed of in accordance with
applicable laws.
Land Use Restrictions
r. 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 Guilford County, certifying that, as of said
January 1 st, the Notice of Brownfields Property containing these land use restrictions remains
recorded at the Guilford County Register of Deeds office and that the land use restrictions are
being complied with. If ownership of any portion of the Brownfields Property is transferred, the
grantor shall submit a LURU (as outlined above) which covers the period of time they owned
such portion of the Brownfields Property. The submitted LURU shall state the following:
i. the Brownfields Property address, and the name, mailing address,
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telephone number, and contact person's e-mail address of the owner, or board, association or
approved entity, submitting the LURU if said owner, or each of the owners on whose behalf a
joint LURU is submitted, acquired any part of the Brownfields Property during the previous
calendar year;
ii. the transferee's name, mailing address, telephone number, and contact
person's e-mail address, if said owner, or each of the owners on whose behalf a joint LURU is
submitted, transferred any part of the Brownfields Property during the previous calendar year;
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; and
iv. whether any existing building slabs and crawl spaces remain
undisturbed and unaltered as required by subparagraph 12.j. above and are being inspected
annually, including an annual photograph, and maintained to prevent exposure to sub -slab or
crawl space vapors.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be
the DEQ Brownfields Property Management Branch referenced in subparagraph 31.a. of
Exhibit A hereto, at the address stated therein.
ENFORCEMENT
The above land use restrictions shall be enforceable without regard to lack of privity of
estate or contract, lack of benefit to particular land, or lack of any property interest in particular
land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The
land use restrictions may also be enforced by DEQ through the remedies provided in NCGS §
130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having
jurisdiction over any part of the Brownfields Property; and by any person eligible for liability
protection under the Brownfields Property Reuse Act who will lose liability protection if the
restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the
Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement
by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of
the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the
same violation or as to one occurring prior or subsequent thereto.
FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Brownfields Property is sold, leased, conveyed or transferred,
pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the
description section, in no smaller type than that used in the body of the deed or instrument, a
statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a
Brownfields Property under the Brownfields Property Reuse Act.
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IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this day of , 20
Lo
NORTH CAROLINA
COUNTY
AZ Development, LLC
Andrew Zimmerman
Manager
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Date:
(Official Seal)
Official Signature of Notary
Notary's printed or typed name, Notary Public
My commission expires:
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ACKNOWLEDGMENT OF PROPERTY OWNER
As the current owner, or representative of said owner, of at least part of the Brownfields
Property, I hereby acknowledge recordation of this Notice of Brownfields Property and the land
use restrictions contained herein.
Boxcar GSO Holdings, LLC
By:
Jerrad F. Bement, President Date
NORTH CAROLINA
COUNTY
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Date:
Official Signature of Notary
Notary's printed or typed name, Notary Public
(Official Seal) My commission expires:
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************************************
APPROVAL AND CERTIFICATION OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
The foregoing Notice of Brownfields Property is hereby approved and certified.
North Carolina Department of Environmental Quality
Bruce Nicholson, Chief Date
Brownfields Redevelopment Section
Division of Waste Management
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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: AZ Development, LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) West Lewis Street
OF 1997, NCGS § 130A-310.30, et SeMc . ) 109, 117-B 1, & 120 W. Lewis Street
Brownfields Project No. 17046-13-041 ) Greensboro, Guilford County
1. INTRODUCTION
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and AZ Development, LLC (collectively the
"Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
SeMc . (the "Act") for the property located at 109, 117-B 1, & 120 W. Lewis Street, Greensboro,
Guilford County (the "Brownfields Property"). This parcel assemblage also formerly was
associated with the following addresses: 111, 115, and 117 W. Lewis Street. 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 AZ Development, LLC, a limited liability company, with
its principal office at 3412 Old Onslow Road, Greensboro, NC 27407. Its manager is Andrew
Zimmerman 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 AZ Development, LLC for contaminants at the Brownfields Property.
The Parties agree that AZ Development, LLC's entry into this Agreement, and the
actions undertaken by AZ Development, LLC in accordance with the Agreement, do not
constitute an admission of any liability by AZ Development, LLC for contaminants at the
Brownfields Property. The resolution of this potential liability, in exchange for the benefit AZ
Development, LLC shall provide to DEQ, is in the public interest.
II. DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
1. `Brownfields Property" shall mean the property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2. "Prospective Developer" shall mean AZ Development, LLC.
III. BROWNFIELDS PROPERTY INFORMATION SUMMARY
3. Relevant information about the history, ownership, and uses of the Brownfields
Property is provided in the following summary table. Refer to the Exhibit 2 to this Agreement
that presents data tables of the contaminants present at the Brownfields Property at
concentrations above their applicable standards or screening levels for each media sampled.
BROWNFIELDS PROPERTY INFORMATION SUMMARY
Parcel Address(es) & Parcel
3 parcels: 109, 117-B 1, & 120 W. Lewis Street, Greensboro,
IDS
Guilford County, Tax ID: 7864631801, 7864539880, and
7864640041, respectively (formerly included addresses 111,
W
West Lewis Street/ 17046-13-041/19Feb2024
BROWNFIELDS PROPERTY INFORMATION SUMMARY
115, and 117 W. Lewis Street
Acreage
1.22 acres
Current Property Owner
AZ Development, LLC owns 109 & 117-B 1 W. Lewis St. and
Boxcar GSO Holdings, LLC owns 120 W. Lewis St.
All three parcels are developed with commercial buildings
dating back to the early 1900s. The parcel at 109 W. Lewis
Street is operated as a distillery by the Greensboro Distilling
Current Land Use(s)
Co. The parcel at I I7-B I W. Lewis Street is operated as a
beer brewing company. The parcel at 120 W. Lewis Street is
operated by Boxcar Bar & Arcade, which is an entertainment
venue offering a gaming arcade, a cocktail bar, and private
events ace.
The site vicinity is a combination of commercial retail and
entertainment establishments to the east and north along S.
Site Vicinity Land Use(s)
Elm Street and a railway line and large parking lot and The
Forge Greensboro, a nonprofit community makerspace to the
west, with parking and vacant commercial buildings to the
south.
The proposed reuses are retail, restaurant, beverage or food
Proposed Reuse(s)
production facility, office, event space, and with prior written
DEQ approval, other commercial uses.
Preservation of historic buildings, increase in greenspace,
Public Benefits of Reuse
additional jobs in the entertainment, distillery, and brewing
businesses, and an increase to the affected tax base.
The parcel located at 120 W. Lewis Street is the subject of a
former NC Brownfields Agreement known as the Model
Linen site (BFs Project No. 08007-04-041). The Model
Linen Notice of Brownfields Property was recorded at the
Guilford County Register of Deeds on September 14, 2006
(Book 6599, Page 1539-1564); an erroneous associated
brownfields survey plat was recorded on July 19, 2006 in Plat
Existing Land Use
Book 166, Page 1.
Restrictions Prior to
Brownfields Agreement
A Notice of No Further Action for the Model Linen site was
issued on December 21, 2015 by the DEQ UST Section as a
Notice of Residual Petroleum (NORP) was filed for this
property with the Guilford County Register of Deeds on
December 3, 2015 (Book: 7764, Page: 2682-2684). The
NORP contains the following land use restrictions:
Soil: The Site shall be used or industrial/commercial use
West Lewis Street/ 17046-13-041/19Feb2024
BROWNFIELDS PROPERTY INFORMATION SUMMARY
only. Industrial/commercial use means a use where exposure
to soil contamination is limited in time and does not involve
exposure to children or other sensitive populations such as
the elderly or sick. The real property shall not be developed
or utilized for residential purposes including but not limited
to: primary or secondary residences (permanent or
temporary), schools, daycare centers, nursing homes,
playgrounds, parks, recreation areas and/or picnic areas.
Groundwater: Groundwater from the site is prohibited from
use as a water supply. Water supply wells of any kind shall
not be installed or operated on the site.
This Agreement, once recorded, supersedes the Model Linen
Brownfields documents that were recorded at the Guilford
County Register of Deeds on July 19, 2006 (Plat Book 166,
Page 1), and on September 14, 2006 (Book 6599, Page 1539-
1564), and replaces those land use restrictions with those
provided below in paragraph 12. It is the intent of DEQ and
the Prospective Developer that the execution and recordation
of this Agreement between DEQ and Prospective Developer
shall not in any way impact any other person's existing
liability protection under the Act and the previously entered
Model Linen Agreement.
This Agreement, once recorded, will not supersede nor
replace the land use restrictions of the NORP referenced
above as the land use restrictions set forth in this Agreement
in paragraph 12 below are not in conflict with those set forth
in the NORP recorded December 3, 2015 (Book: 7764, Page:
2682-2684) for the Model Linen site.
ENVIRONMENTAL INFORMATION SUMMARY
Historic operations at 109 W. Lewis Street date back to the
late 1800s where evidence indicates this location was
occupied by a paint shop associated with the J.C. Lewis
Historical Operations &
Wagon Shop, later the J. Lewis and Sons Wagon and Carriage
Contaminant Sources
Works with wood working, painting and gas engine shop, and
storage uses. By 1919, the buildings were noted as a garage
and auto repair shop (west side) and the Pepsi Cola Bottling
Works east side). By 1950, the buildings were used for
West Lewis Street/ 17046-13-041/19Feb2024
ENVIRONMENTAL INFORMATION SUMMARY
furniture storage through at least 1971. Most recently, this
location was used as HQ Greensboro flex space before
conversion to a distillery.
Historic operations information at 117 B 1 W. Lewis Street
date back to residential use in the late 1800s, with lumber
storage yard and planning mill, livery stable, storage,
furniture repair and storage into the 1920s. In 1925, this
location was operated as Wet Wash Laundry. By 1946, the
Ideal Laundry and WC Buchanan (wine interest) were
operating at this location. From 1950 through 1971 the
Greensboro Laundry Company with suspected drycleaning
operated at this location. New Bessemer Cleaners was also
noted at this location in 1966. The building was vacant from
1986 through at least 2000. In 2008, an antique shop was
located there; it was also the former site of the Forge
community makers shop and now a brewery.
Historic operations at 120 W. Lewis Street were as a
manufacturer of wood -burning stoves from 1910 through
1979 and as a linen cleaning service known as Model Linen
from 1979 through 1999. This parcel was vacant until 2004
when it was redeveloped for use as a software development
company, a bar, and now Boxcar Arcade.
There are two former or current off -site drycleaning locations
in the area that are under investigation in the Dry Cleaning
Solvent Act (DSCA) Program as well. These include Wades
Dry Cleaning (DSCA ID: DC410052) at 607 S. Elm Street,
Greensboro and Odorless Cleaners (DSCA ID:DC 410047) at
205 W. Lewis Street, Greensboro.
Current Operations/Activities
Brewery, distillery, offices ace, and entertainment venues.
Soil: Soil was not found to be contaminated above non-
residential preliminary soil remedial goals (PSRGs).
Contaminated Media
Groundwater: Groundwater is known to be impacted with
chlorinated solvents and their degradation products and
petroleum hydrocarbon compounds. Concentrations of
benzene, ethylbenzene, naphthalene, 1-methylnaphthalene, 2-
meth lna hthalene, tetrachloroeth lene PCE ,
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ENVIRONMENTAL INFORMATION SUMMARY
trichloroethene (TCE), vinyl chloride, and total xylenes at the
Brownfields Property exceed their respective NC 2L
groundwater standard at one or more locations.
Exterior Soil Gas: There were no exterior soil gas samples
collected at the Brownfields Property
Sub -slab Vapor: Chlorinated solvents and petroleum
hydrocarbons were detected in samples collected in 2014,
2021, and in 2022. Sub -slab vapor PCE concentrations in the
Model Linen site exceeded the Non -Residential Vapor
Intrusion Screening Level (VISL) of 3,500 micrograms per
cubic meter (µg/m). Total Hydrocarbon Concentrations
(THC) as Gas in the 109 W. Lewis Street location exceeded
its respective VISL of 260 µg/m3. Other compounds were
detected in one or more sub -slab vapor samples, but these
compounds do not have established VISLs.
Crawl Space Air: Benzene, chloroform, naphthalene, PCE,
and TCE have been detected in crawl space air samples at the
Brownfields Property in excess of their respective Non -
Residential Indoor Air VISLs. Other compounds were
detected in crawl space air, but these compounds do not have
established VISLs.
Indoor Air: Chloroform, and naphthalene have been detected
in indoor air samples at the Brownfields Property in excess of
their respective Non -Residential Indoor Air VISLs. Other
compounds were detected in indoor air, but these compounds
do not have established VISLs.
120 W. Lewis St parcel: UST Incident No. 16349 (petroleum
ID Numbers/Permits
contamination from removal of one or more heating oil
USTs) and Incident No. 86606 (groundwater contamination);
Facility ID: NONCD0002088.
Onsite Receptors Considered
Construction workers, on -site workers, occupants, visitors,
otential residents, and trespassers.
i. Water supply wells: None within 0.5 miles
Potential Offsite Receptors
Considered
ii. Residential structures, churches, or childcare centers:
None identified
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ENVIRONMENTAL INFORMATION SUMMARY
iii. Surface water: None near the Brownfields Property
Potential offsite migration
Groundwater and vapor migration
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
Sub -Slab Vapor (SSV) Assessment Report
Pyramid Environmental
March 15, 2022
& Engineering, PC
Revised Indoor Air Quality (IAQ)
Pyramid Environmental
November 10, 2023
Assessment Report
& Engineering, PC
b. Other available reports:
Title
Prepared by
Date of Report
Limited Site Assessment Report for
Cedar Rock Environmental
November 16, 2002
Model Linen — B
Services, Inc.
Site Assessment Report for Model
Cedar Rock Environmental
January 12003
Linen-B
Services, Inc.
Groundwater Assessment Report,
Best Geological and
Model Linen-B
Environmental Consulting,
January 29, 2004
Inc.
Additional Groundwater Assessment
Best Geological and
February 23, 2004
Report Model Linen-B
Environmental Consulting Inc.
Phase I Environmental Site Assessment,
EnviroAssessments
June 12, 2013
West Lewis Street Property
Phase II Environmental Site
EnviroAssessments
August 8, 2013
Assessment, West Lewis Street Property
Phase I Environmental Site Assessment,
EnviroAssessments
July 30, 2014
109-111 West Lewis Street
Phase II Environmental Site
EnviroAssessments
September 8, 2014
Assessment, 109-111 West Lewis Street
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c. Other applicable off -site reports:
Title
Prepared by
Date of Report
Prioritization Assessment Report, Wades Dry
Cleaning, DSCA ID: DC410052, 607 S. Elm
Hart & Hickman, PC
January 31, 2019
Street, Greensboro, Guilford County
Monitoring Well Installation Report, Wades
Dry Cleaning, DSCA ID: DC410052, 607 S.
Hart & Hickman, PC
November 6, 2020
Elm Street, Greensboro, Guilford Count
Groundwater Monitoring Report, Odorless
Cleaners, DSCA ID: DC410047, 205 W.
Hart & Hickman, PC
March 31, 2020
Lewis Street, Greensboro, Guilford Count
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 October 1, 2013, and as
amended on October 10, 2014, and the following:
a. On October 30, 2013, Prospective Developer purchased the 117 B-1 W. Lewis
Street parcel of the Brownfields Property from Philip B. Snow and Ivy Snow Anthony.
b. On October 30, 2014, Prospective Developer purchased the 109 W. Lewis
Street parcel of the Brownfields Property from South End Partners, LLC.
c. On December 30, 2015, an affiliate of the Prospective Developer, ZCD II,
LLC, purchased the 120 W. Lewis Street parcel of the Brownfields Property from Double G
Properties, LLC. Double G Properties, LLC purchased the parcel from QUB Studios, which was
the Prospective Developer for the Model Linen Brownfields Agreement recorded in 2006.
N.
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d. Since purchasing these parcels, Prospective Developer has redeveloped the
Brownfields Property for brewery, distillery, and arcade game entertainment venue uses.
e. On July 30, 2021, an affiliated company of the Prospective Developer, ZCD II,
LLC, sold the 120 W. Lewis Street parcel of the Brownfields Property to Boxcar GSO Holdings
LLC.
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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West Lewis Street/ 17046-13-041/19Feb2024
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. an increase in the productive use of the Brownfields Property and elimination
of the drawbacks of unoccupied property;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of approximately 50 plus construction jobs and approximately 50
permanent jobs;
d. an increase in tax revenue for affected jurisdictions;
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e. additional retail, restaurant, beverage or food production facility, office, event
space, and with prior written DEQ approval, other commercial uses for the area; and
f. "smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe ("greenfields").
VI. WORK TO BE PERFORMED
9. The guidelines within which the desired results under this Agreement are to be
accomplished , including parameters, principles and policies as to: field procedures, laboratory
testing, Brownfields Redevelopment Section requirements, and remedial or mitigation measures
are (each as embodied in its most current version):
Section;
a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Redevelopment Section Assessment Work Plan Checklist; and
d. the Brownfields Survey Plat Checklist.
10. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) credit categories incorporated into the U.S. Green Building Council
Leadership in Energy and Environmental Design (LEED) certification program (Integrative
Process, Location and Transportation, Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Innovation, and Regional
Priority), or a similar program.
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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.d. below, and vapor
intrusion mitigation of the crawl space beneath 117 B-1 and 109 West Lewis Street pursuant to a
DEQ-approved Vapor Intrusion Mitigation Plan in accordance with subparagraph 12.j. 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. As referenced in paragraph 3 above, for Parcel 7864640041 (l 20 W. Lewis
Street), there were previous land use restrictions recorded by way of the Model Linen Notice of
Brownfields Property at the Guilford County Register of Deeds on September 14, 2006 (Book
6599, Page 1539-1564), and by an associated brownfields survey plat recorded on July 19, 2006
in Plat Book 166, Page 1 as part of a previous brownfields agreement (Brownfields Project No.
08007-04-041). The land use restrictions placed herein supersede and replace the original land
use restrictions recorded for Parcel 7864640041 with those set forth in this paragraph. All
references to DEQ shall be understood to include any successor in function.
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Land Uses
a. No use may be made of the Brownfields Property other than for retail,
restaurant, beverage or food production facility, office, event space, and subject to DEQ's prior
written approval, other commercial uses. These land uses and their definitions below apply
solely for purposes of this Agreement, and do not waive any local zoning, rule, regulation, or
permit requirements:
i. "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.
ii. "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.
iii. "Beverage or 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.
services are provided.
iv. "Office" is defined as a place where business or professional
v. "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
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West Lewis Street/ 17046-13-041/19F62024
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.
vi. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
Specific Prohibitions
b. The Brownfields Property may not be used for childcare centers, adult care
centers, or schools without the prior written approval of DEQ.
c. The Brownfields Property may not be used for residential use without the prior
written approval of DEQ.
d. The Brownfields Property may not be used for dry cleaning operations using
chlorinated solvents.
Environmental Management Plan
e. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan ("EMP") approved
in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
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i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators, soil
contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment.
Redevelopment Summary Report
f. Within 90 days after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues (except
that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then
owner of the Brownfields Property shall provide DEQ a report 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
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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).
(i'rmi n dwater
g. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ along with any measures DEQ deems necessary to
ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 12.a.
above while fully protecting public health and the environment. Should groundwater be
encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 12.e. above, or a plan
approved in writing in advance by DEQ.
Soil
h. 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:
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i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined in subparagraph 12.e.
i. 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.e.
Vapor Intrusion
j. No disturbance or alteration of the slab or crawl spaces within the existing
building footprints, as depicted on the plat component of the Notice of Brownfields Property
referenced in paragraph 16 below, may occur unless in accordance with paragraph 11 above, in
accordance with a DEQ-approved EMP, or unless in the case of emergency circumstances for
repair of underground infrastructure, in which case DEQ shall be provided written notice no later
than the next business day and any related assessment and remedial measures required by DEQ
shall be taken.
k. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
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Property referenced in paragraph 16 below, may be occupied for residential use until DEQ
determines in writing that:
i. the building is or would be protective of the building's users and public
health from the risk of vapor intrusion based on site assessment data, or a site -specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors
into building features in accordance with the most recent and applicable DWM Vapor Intrusion
Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American
National Standards Institute (ANSI)/American Association of Radon Scientists and
Technologists (AARST) standards, and that a professional engineer licensed in North Carolina,
as evidenced by said engineer's professional seal, is satisfied that the design is fully protective of
public health, and shall include a performance monitoring plan detailing methodologies and
schedule, both of which are subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as -built diagrams, photographs, and a description of the installation, with
said engineer's professional seal confirming that the engineer is satisfied that the system was
installed per the DEQ approved design. If any deviations from the system design were necessary
during installation, then the report shall include details on said deviations, as well as the
engineer's seal certifying the VIMS, as installed, was installed in such a manner so as to be fully
protective of public health.
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Surface Water
1. Surface water at the Brownfields Property may not be used for any purpose,
other than in connection with legally compliant storm water collection and reuse techniques,
without the prior written approval of DEQ.
Property Access
in. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
Abandonment of Monitoring Wells
n. 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 manmade 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
o. Except for the work related to subparagraph 12.n. above, the owner of any
portion of the Brownfields Property where any existing, or subsequently installed, DEQ-
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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.
Notifications upon Transfer
p. 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 Guilford 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 or rider is identical in form, the owner conveying an interest may
provide DEQ with copies of a form lease or rider evidencing compliance with this subparagraph,
in lieu of sending copies of actual, executed leases, to the persons listed in Section XVII (Notices
and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather
than full copies of said leases, to the persons listed in Section XVII.
Separating Old from New Contamination
q. 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
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in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. as constituents of fuels, lubricants and oils in emergency generators,
machinery, equipment, and vehicles in on -board tanks integral to said equipment, or in
flammable liquid storage containers totaling no more than 25 gallons; or
iii. as constituents of products and materials customarily used and stored
in retail, restaurant, beverage or food production facility, office, event space, and subject to
DEQ's prior written approval, other commercial use 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
r. 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 Guilford County, certifying that, as of said
January 1 st, the Notice of Brownfields Property containing these land use restrictions remains
recorded at the Guilford County Register of Deeds office and that the land use restrictions are
being complied with. If ownership of any portion of the Brownfields Property is transferred, the
21
West Lewis Street/ 17046-13-041/19Feb2024
grantor shall submit a LURU (as outlined above) which covers the period of time they owned
such portion of the Brownfields 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; and
iv. whether any existing building slabs and crawl spaces remain
undisturbed and unaltered as required by subparagraph 12.j. above and are being inspected
annually, including an annual photograph, and maintained to prevent exposure to sub -slab or
crawl space vapors.
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
22
West Lewis Street/ 17046-13-041/19Feb2024
public health and the environment.
14. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VIII. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
15. In addition to providing access to the Brownfields Property pursuant to subparagraph
12.m. above, while the Prospective Developer owns the Brownfields Property, Prospective
Developer shall provide DEQ, its authorized officers, employees, representatives, and all other
persons performing response actions under DEQ oversight, access at all reasonable times to other
property controlled by Prospective Developer in connection with the performance or oversight of
any response actions at the Brownfields Property under applicable law. Such access is to occur
after prior notice and using reasonable efforts to minimize interference with authorized uses of
such other property except in response to emergencies and/or imminent threats to public health
and the environment. While Prospective Developer owns the Brownfields Property, DEQ shall
provide reasonable notice to Prospective Developer of the timing of any response actions to be
undertaken by or under the oversight of DEQ at the Brownfields Property. Except as may be set
forth in the Agreement, DEQ retains all of its authorities and rights, including enforcement
authorities related thereto, under the Act and any other applicable statute or regulation, including
any amendments thereto.
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West Lewis Street/ 17046-13-041/19Feb2024
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 VI (Work to Be Performed) 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 Guilford County, North
Carolina, Register of Deeds' Office. Within three (3) days thereafter, Prospective Developer
shall furnish DEQ a copy of the documentary component of the Notice containing a certification
by the register of deeds as to the Book and Page numbers where both the documentary and plat
components of the Notice are recorded, and a copy of the plat with notations indicating its
recordation.
17. This Agreement shall be attached as Exhibit A to the Notice. Subsequent to
recordation of said Notice, any deed or other instrument conveying an interest in the Brownfields
Property shall contain the following notice: "This property is subject to the Brownfields
Agreement attached as Exhibit A to the Notice of Brownfields Property recorded in the Guilford
County land records, Book
Page
" A copy of any such
instrument shall be sent to the persons listed in Section XVII (Notices and Submissions), though
financial figures and other confidential information related to the conveyance may be redacted to
the extent said redactions comply with the confidentiality and trade secret provisions of the
North Carolina Public Records Law. Prospective Developer may use the following mechanisms
to comply with the obligations of this paragraph: (i) If every lease or rider is identical in form,
Prospective Developer may provide DEQ with copies of a form lease or rider evidencing
24
West Lewis Street/ 17046-13-041/19Feb2024
compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XVII (Notices and Submissions); or (ii) Prospective Developer may
provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section
XVII.
18. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
IX. DUE CARE/COOPERATION
19. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, 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.
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West Lewis Street/ 17046-13-041/19Feb2024
X. CERTIFICATION
20. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
subparagraph 12.a. of this Agreement. Prospective Developer also certifies that to the best of its
knowledge and belief it has fully and accurately disclosed to DEQ all information known to
Prospective Developer and all information in the possession or control of its officers, directors,
employees, contractors and agents which relates in any way to any past use of regulated
substances or known contaminants at the Brownfields Property and to its qualification for this
Agreement, including the requirement that it not have caused or contributed to the contamination
at the Brownfields Property.
XI. DEQ'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
21. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
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
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West Lewis Street/ 17046-13-041/19Feb2024
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
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
27
West Lewis Street/ 17046-13-041/19Feb2024
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
22. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
23. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § I I3A-1, et SeMc .
24. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 21 through 23 above apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
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
M.
West Lewis Street/ 17046-13-041/19Feb2024
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above -referenced Notice of Brownfields Property.
XIII. PARTIES BOUND
26. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party's signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XIV. DISCLAIMER
27. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer's duty to seek applicable permits or of the provisions of NCGS
§ 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.
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West Lewis Street/ 17046-13-041/19Feb2024
XV. DOCUMENT RETENTION
29. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
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
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West Lewis Street/ 17046-13-041/19Feb2024
VII (Land Use Restrictions), it shall be liable for all litigation and other enforcement costs
incurred by DEQ to enforce this Agreement or otherwise obtain compliance.
XVII. NOTICES AND SUBMISSIONS
31. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information or delivery method, all notices and submissions pursuant to this
Agreement shall be sent by prepaid first-class U.S. Mail or courier service, as follows:
a. for DEQ:
Brownfields Property Management 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:
Andrew Zimmerman, Manager
AZ Development, LLC
3412 Old Onslow Road
Greensboro, NC 27407
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.
XVIIL 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
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West Lewis Street/ 17046-13-041/19F62024
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in NCGS § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and to invalidate its signature on this Agreement.
XIX. TERMINATION OF CERTAIN PROVISIONS
33. If any Party believes that any or all of the obligations under Section 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
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West Lewis Street/ 17046-13-041/19Feb2024
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XXI. PUBLIC COMMENT
37. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.
IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Bruce Nicholson Date
Chief, Brownfields Redevelopment Section
IT IS SO AGREED:
AZ Development, LLC
By:
Andrew Zimmerman
Manager
33
Date
West Lewis Street/ 17046-13-041/19Feb2024
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USGS IDENTIFICATION SCALES
USGS 7.5 GREENSBORO, NC 1/2 0 1
MINUTE MAP
ORIGINAL DATE: NA MILES:
PHOTOREVISION 2019
DATE: 1 0 0 2000 4000 6090
FEET:
PRIMARY HIGHWAY, HARD SURFACE 1 • = 2000'
SECONDARY HIGHWAY, HARD SURFACE I NOTES: ►TOPOGRAPHICAL CONTOUR INTERVAL = 10 FEET
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Exhibit 2
Brownfields Property Name: West Lewis Street
Brownfields Project Number: 17046-13-041
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 most recent
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 the 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, Rule .0202(2L), (April 1, 2013 version), or the 2L Groundwater Interim
Maximum Allowable Concentrations (IMACS), (April 1, 2022 version):
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Most Recent
Concentration
Exceeding
Standard
/I
Standard
(µg/L)
Benzene
TMW-1
8/22/2014
59.8
1
MW-3
8/22/2014
4.7
Eth lbenzene
TMW-4
8/22/2014
668
600
Naphthalene
MW-3
8/22/2014
53.9
6
TMW-1
8/22/2014
316
TMW-2
8/22/2014
99.9
TMW-4
8/22/2014
420
-Iso ro ltoluene
TMW-2
8/22/2014
23.4
NSE
1-Methylnaphthalene
MW-3
8/22/2014
13.7
1
TMW-1
8/22/2014
14.9
TMW-4
8/22/2014
16.7
2-Methylnaphthalene
TMW-1
8/22/2014
33.0
30
TMW-4
8/22/2014
33.7
Tetrachloroethylene
MW-1
10/23/2002
2.7
0.7
MW-3
8/22/2014
13.1
MW-4
2/16/2004
4.8
TMW-1
7/22/2013
2.4
TMW-2
7/22/2013
4.4
TMW-4
7/22/2013
11.2
Trichloroethene
MW-1
10/23/2002
9
3.0
MW-4
2/16/2004
3.3
Vinyl Chloride
MW-1
10/23/2002
51
0.03
X lenes, total
TMW-4
8/22/2014 T
1,030
500
NSE-No standard established
WLewisSt/17046-13-041 /191762024
GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with the potential for vapor intrusion (VI) in micrograms per
liter (the equivalent of parts per billion), the vapor intrusion screening levels for which are
contained in the Division of Waste Management (DWM) Vapor Intrusion Guidance, Non -
Residential Vapor Intrusion Screening Levels (VISL), July 2023 version:
Groundwater
Contaminant with
Potential for Vapor
Intrusion
Sample Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/L)
Non -
Residential
Screening
Level'
/L
Benzene
TMW-1
8/22/2014
59.8
6.9
2-Chlorotoluene
TMW-4
8/22/2014
58.3
NSE
Ethylbenzene
MW-3
8/22/2014
65.8
15
TMW-1
8/22/2014
352
TMW-2
8/22/2014
668
TMW-4
8/22/2014
668
Naphthalene
MW-3
8/22/2014
53.9
20
TMW-1
8/22/2014
316
TMW-2
8/22/2014
99.9
TMW-4
8/22/2014
420
-Iso ro ltoluene
TMW-2
8/22/2014
23.4
NSE
1-Methylnaphthalene
MW-3
8/22/2014
13.7
NSE
TMW-1
8/22/2014
14.9
TMW-4
8/22/2014
16.7
2-Methylnaphthalene
TMW-1
8/22/2014
33
NSE
TMW-4
8/22/2014
33.7
Trichloroethene
MW-1
10/23/2002
9
4.4
Vinyl Chloride
MW-1
10/23/2002
51
2.5
Xylenes, total
TMW-1
8/22/2014
325
320
TMW-4
8/22/2014
1,030
1 Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed
for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NSE — No screening level established
2
WLewisSt/17046-13-041 /19F62024
SUB -SLAB VAPOR
Sub -slab vapor contaminants in micrograms per cubic meter, the vapor intrusion
screening levels for which are contained in the DWM Vapor Intrusion Guidance, Non -
Residential Vapor Intrusion Screening Levels (VISL), July 2023 version:
Sub -Slab Vapor
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/rn)
Non -
Residential
Screening
Level'
/m
Acetone
SSV-8
12/15/2021
342
N S E
SSV-9
12/15/2021
771
SSV-10
12/15/2021
494
SSV-11/11Du
12/15/2021
40.5/64
SSV-15
1/19/2022
112
SSV-16
1/19/2022
29.1
SSV-18
1/19/2022
40.4
SSV-19
1/19/2022
73.5
VP-1
8/22/2014
50.4
Ethanol
SSV-7
12/15/2021
102
NSE
SSV-8
12/15/2021
4,580
SSV-9
12/15/2021
24,800
SSV-10
12/15/2021
22,700
SSV-11/11Du
12/15/2021
748/873
SSV-14
1/19/2022
12.9
SSV-15
1/19/2022
174
SSV-16
1/19/2022
167
SSV-18
1/19/2022
175
SSV-19
1/19/2022
220
SSV-23/23 Du
1/19/2022
129/155
4-Eth ltoluene
VP-1
8/22/2014
9.1
NSE
Tetrachloroethene2
SSV-14
1/19/2022
10,100
3,500
SSV-17
1/19/2022
10,500
SSV-19
1/19/2022
4,020
SSV-21
1/19/2022
3,750
Trichlorofluoromethane
SSV-9
12/15/2021
29.7
NSE
SSV-10
12/15/2021
38.5
SSV-11/11Du
12/15/2021
2.6/2.5
SSV-15
1/19/2022
4.1
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed
for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
2Trichloroethylene (TCE) was not detected in certain samples; however, WE reporting limits were elevated with
respect to the TCE VISL in samples with high tetrachloroethene concentrations.
NSE - Screening level not established
WLewisSt/17046-13-041 /19F62024
CRAWL SPACE AIR
Crawl space air contaminants in micrograms per cubic meter, the screening levels for
which are contained in the DWM Vapor Intrusion Guidance, Non -Residential Vapor Intrusion
Screening Levels (VISL), July 2023 version:
Crawl Space Air
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Non -
Residential
Screening
Leve 3
( /m
Acetone
CS-1
12/15/2021
39
NSE
CS-2
12/15/2021
65.4
CS-3
12/15/2021
18.4
CS-4
12/15/2021
60.2
CS-5
12/15/2021
97
CS-6
12/15/2021
32.8
CS-13B
9/25/2023
5.7
Benzene
CS-2
12/15/2021
3.0
1.6
CS-3
12/15/2021
2.7
Chloroform
CS-13B
9/25/2023
1.4
0.53
Ethanol
CS-1
12/15/2021
1,050
NSE
CS-2
12/15/2021
192
CS-3
12/15/2021
309
CS-4
12/15/2021
1,480
CS-5
12/15/2021
1,550
CS-6
12/15/2021
1,340
CS-12
12/15/2021
33.3
CS-13
12/15/2021
74.8
CS-13B
9/25/2023
8.8
Naphthalene
CS-5
12/15/2021
5.8
0.36
Tetrachloroethene
CS-12
12/15/2021
381
35
C S-13
12/15/2021
76
CS-13B
9/25/2023
560
Trichloroeth lene
CS-2
12/15/2021
3.3
1.8
Trichlorofluoromethane
CS-13B
9/25/2023
1.2
NSE
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed
for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NSE - Screening level not established
4
WLewisSt/l7046-13-041/19Feb2024
Indoor air contaminants in micrograms per cubic meter, the screening levels for which
are contained in the DWM Vapor Intrusion Guidance, Non -Residential Vapor Intrusion
Screening Levels (VISL), July 2023 version:
Indoor Air Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Non -
Residential
Screening
Level
/m 3
Acetone
IA-1
9/25/2023
51
NSE
IA-2
9/25/2023
68
IA--D3/IA-3
9/25/2023
74/77
IA-4
9/25/2023
44
IA-5
9/25/2023
55
Chloroform
IA-1
9/25/2023
1.1
0.53
IA-2
9/25/2023
0.8
IA-3/IA-3
Du
9/25/2023
0.83/0.89
Ethanol
IA-1
9/25/2023
5,300 E
NSE
IA-2
9/25/2023
2,700 E
IA--Dup 3/IA-3
9/25/2023
3,200 E/3,100
IA-4
9/25/2023
2,100 E
IA-5
9/25/2023
2,200 E
4-Ethyltoluene
IA-1
9/25/2023
0.22
NSE
IA-2
9/25/2023
0.12 J
IA-3
9/25/2023
0.14 J
IA-4
9/25/2023
0.13 J
IA-5
9/25/2023
0.15 J
Naphthalene
IA-1
9/25/2023
0.41
0.36
IA-4
9/25/2023
4.6
IA-5
9/25/2023
11
Trichlorofluoromethane
IA-1
9/25/2023
1.2
NSE
IA-2
9/25/2023
1.2
IA--D3/IA-3
9/25/2023
1.2/1.2
IA-4
9/25/2023
1.2
IA-5
9/25/2023
1.2
'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 - Screening level not established
E — Reported results is estimated. Value reported over verified calibration range.
J — Estimated value between the method detection limit and the laboratory reporting limit
5
WLewisSt/17046-13-041 /19F62024
CERTIFICATE OF OWNERSHIP AND ACKNOWLEDGMENT
AZ DEVELOPMENT, LLC and BOXCAR GSO HOLDINGS LLC
This certifies that the undersigned is (are) the owner(s) of the property shown on this map
Owner or Owner's Representative signature Owner or Owner's Representative signature
Owner or Owner's Representative Name Owner or Owner's Representative Name
Owner or Owner's Representative Title and Organization Owner or Owner's Representative Title and Organization
NORTH CAROLINA
GUILFORD COUNTY
1, a Notary Public of said County and State,
do hereby certify that did personally
appear and sign before me this the _day of
My commission expires: _. ( Official seal)
NORTH CAROLiNA
GUILFORD COUNTY
i, a Notary Public of said County and State,
do hereby certify that did personally
appear and sign before me this the day of
My commission expires: _. ( Official seal)
SLIZVEYORS CERTIFICATE
..I Peter E. 6lud certify that this plat was
drawn under my supervision from an actual survey made
under mq supervision (deed description recorded in
Book , Page 433 / 18g4 etc.) (other); that the
boundaries not surveyed are clearly indicated as drawn
from information found In Book a*e Page •!*
that the ratio of precision as calculated is I: I0900+^
that this plat was prepared in accordance with
6.5. 41-30 as amended.
This survey is of another category, such as the recombination of
existing parcels, a court -ordered survey, or other exemption
or exception to the definition of subdivision:
Witness m1 original signature, registration number and
Seal this •th day of Dece A.D. 2023`\ \� CAI?o
Surveyor4gssj
L-3330
Registration Number _ S
L-3330
sug!? ,ti
SEAL OR STAMP
REVIEW OFFICER'S CERTIFICATION
State North Gorolino
Gounty of Guilford
I, Review Officer for
The City of Greensboro, Guilford County, certify that
the map or plat to which this certification is affixed
meets all the statutory requirements for recording.
Review Officer
Date
Ownership and Dedication Statement
The undersigned hereby acknowledge(s) this plat and allotment to be their free act and deed and
hereby dedicate(s) to public use as Streets, Playgrounds, Parks, Open Spaces and Easements forever
all areas so shown or indicated on said Plat, and authorize(s) the City of Greensboro to record this
Plat in the office of the Register of Deeds of Guilford County, NC.
AZ DEVELOPMENT, LLC and
BOXCAR GSO HOLDINGS LLC by recordation of this plat, hereby gives, grants and
conveys to AT&T, Duke Energy, Piedmont Natural Gas Company, Charter Communications
(formerly Time Warner Cable) and the City of Greensboro, their respective successors and
assigns right of -way and easements to maintain and service their respective wires, lines, conduits
and pipes in their present locations together with the right of ingress and egress as necessary, for
the purpose of maintaining and servicing said wires, lines, conduits and pipes.
When grade of adjacent property does not conform to the street grade, an easement is effective for
the purpose of sloping embankments from street grade level at the property line having a slope rati
of three feet horizontal for each foot of vertical dimensions,
Owner
Date
Attest Date
Owner Date
Attest Date
Approval for Recordation by the City of Greensboro, North Carolina on the _ day of, _, 20_,
Pursuant to the Greensboro Development Ordinance,
Signed Date
Planning Director
This plat does not require a certificate of approval by the Division of Highways as provided in G.S.
136102.6, subsection (G).
Signed
ZONING INFORMATION / / D
PARCEL ADDRESS: 120 WEST LEWIS STREET /
CB ( CENTRAL BUSINESS DISTRICT) 0.490 ±ACRE /
AREA: (21,336± SQ. FT.)
MIN. LOT SIZE: N\A PARCELID 538 T /
PARCEL PIN 7864640041
LOT WIDTH: N\A DEED REFERENCE: D.B. 8488, PG 433
FRONT YARD SETBACK N\A PLAT REFERENCE: P.B.166,PG. 1
MIN. INTERIORD SETBACK N\A
SIDE YARD SETBACK N\A PARCEL ADDRESS: 117 BI AND 109 WEST LEWIS STREET
0.709 ± ACRE I D
MAX. HEIGHT NO LIMIT AREA: (30,882± SQ. FT.)
PARCEL ADDRESS:117 Bi WEST LEWIS STREET
EXEMPT PARKING REQUIREMENTS FOR PROPERTIES WITHIN THE PARCELID 480 I D
PARCEL PIN 7864539880
CENTRAL BUSINESS DISTRICT (CB). DEED REFERENCE: D.B. 7546, PG 1894
THE MINIMUM PARKING REQUIREMENTS OF TABLE 30-5-3-1 OF PARCEL ADDRESS:109 WEST LEWIS STREET I D
THE GREENSBORO LAND DEVELOPMENT ORDINANCE SHALL NOT PARCELID 481 I
APPLY TO PROPERTIES WITHIN THE CENTRAL BUSINESS PARCEL PIN 7864631801
DEED REFERENCE: D.B.7647, PG 1242 `S
DISTRICT (CB). I �Q
TOTAL AREA: 1.199 ±ACRES
MISCELLANEOUS NOTES: (52,218_SQ. FT.�
* SEEAD]OININGPROPERTYREFERENCESONSURVEY. 1" E.I.P.
AREA DETERMINED BY COORDINATE METHOD
/ DALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN
U.S. SURVEY FEET.
LINES SHOWN DASHED ARE NOT A PART OF THIS SURVEY / / / / SO'
AND ARE TAKEN FROM REFERENCES SHOWN HEREON.
PUBLISHED CONTROL MONUMENT " NCRR GU U00 1
BASE BEARING - NAD 83 / NSRS-2011 COORDINATE ROTATION.
N = 844,817.818 (sft)
E = 1,767,000.377 (sft)
ELEV = 831.46 (sft)
THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE V / / D ��� �Z�" �
REPORT AND IS SUBJECT TO ANY FACTS AND EASEMENT WHICH u, J
MAY BE DISCLOSED BY A COMPLETE TITLE SEARCH.1.4
LINES LEGEND / / / � o
D =o
BUILDING LINE441
- - - - - - - - - ADACENT PROPERTY LINEJ QV
RIGHT-OF-WAY LINE / / D N
BROWNFIELDS PROPERTY LINE
WOODEN STEPS
/ D
CONTROL CORNER I I L AT 150
/ PARCEL NO. 530 EX. 3/8" IRON ROD
/ BROWSERY PARTNERSHIP N = 844,099.938 ( SFT )
/ BENJAMIN D. MATHEWS
/ E=1,766,115.513(SFT)
/ D.B. 5704, PG. 171 ELEV. = 837.93 ( NAVD-88 )
/ RFGISTFF :;F r; F >TAV
1 1/2" E.I.P. / S 861;27'59" E - - - - - - - - - -
30.9' ----- -------- __ -_----
r--- - --- ------ EX.El
NAIL
D O MW-1 I I----_----
SSV-14 O 00
I Icli
SSV-15 I I 7•83'ALLEY
(PER D.B. 784, PG.102 )
A\ c"
TA-1
PARCEL NO. 531 FELEV.
NAD 83 \ 2011R GU 0000 1aCOMMUNITY THEATRE OF .818 (SFT)
I I GREENSBORO INC.
' 0.377 (SFT )
23.1' i - - D B 7429, PG. 2342 46 ( NAVD-88)
O SSV-17-
SSV-16
I PARCEL NO.532---------
W ERIC P. MORGAN
I �I
ti M o I C I JACQUELINE S. MORGAN
I L I D.B. 6642, PG. 1271
0 SSV-19 l�o t---------------- _
P)
O SSV-18 3•0 II I PARCEL NO. 533 - - -
I B
IA-2
V
SSV-23
SSV-23-DUP
D -3
SYMBOL LEGEND _
MW-4 L -
O CP COMPUTED POINT 1/4" E./ p
ROW RIGHT-OF-WAY L -
O E.I.P. EXISTING IRON PIPE-
F-F FACE TO FACE
O E.I.R. EXISTING IRON ROD i O
ADJACENT PROPERTY LINE 144.9g'
O NAIL
WM
O
EXISTING NAIL - - - -
SANITARYSEWER
- - - / / \
/ / ,
h X\
h6 K�
WATER METER
HYDRANT & VALVE WATERLINE
SAMPLE
W
LEGEND
W
PARCEL/ NO. 516
BUCKHEAD/INVESTMENTS
N./.p. /
SSV (Sub Slab Vapor Sample)
1 /1LC
/ D.B. 779�, PG. 2970 7
-
/- V S 83°38'21" E
1 A ( Indoor Air Sample)
Q
M W ( Groundwater Monitoring Well)
CS ( Crawl Space Sample)
0
V P ( Vapor Point Sample)
AZ DEVELOPMENT LLC
O
TMW ( Temporary Monitoring Well
/
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P • 0 • B.
.
o
/
/ Y
1 STORY BRICK,
II
I
RENT C. ZIEGLER
I D.B. 8118, PG. 165
BLOCK & STUCCO
PARCEL NO, 538
�,
(------_---
BOXCAR GSO HOLDINGS LLC
it
I PARCEL NO. 534
D.B. 8488, PG.433
120 W LEWIS STREET
II
I LDI PROPERTIES, LLC
I D.B.
�\
5873, PG. 2027
OS-21 SV
INB0I
--
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Q II
I PARCEL NO. 537 I /
o
I
I 112 W LEWIS STREET
IA-3
II
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I D.B. 8566, PG. 2805
I"
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98.7'
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BOXCAR GSO HOLDINGS LLC
PARCEL NO. 536
----
i
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• 6
DZCD, LLC
N 83°2348" W
• .
I
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.B. 7729, PG. 843
WEST LEWIS EX. AIL - I
-_
I
STREET
S VARIAB
114.20'
*SSV-9
OCS-12
TWO STORY -BRICK
PARCEL NO.480 *SSV-10
AZ DEVELOPMENT, LLC
D.B. 7546, PG. 1894
115 and 117 W. LEWIS STREET
/ OCS-13
CS-13-B
L,
/ rn
A.
�1
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Planning Director
Easement Note
Easements shall be utilized and maintained in accordance with the provisions of and disclaimers contained in
Section 30-12-8.1(B) and (D) of the City of Greensboro Land Development Ordinance.
BROWNFIELDS NOTE:
THE AREAS AND TYPES OF CONTAMINANTS DEPICTED HEREON ARE APPROXIMATIONS DERIVED FROM
THE BEST AVAILABLE INFORMATION AT THE TIME OF FILING. A LISTING OF THE TECHNICAL REPORTS
USED TO PREPARE THiS PLAT ARE AViAILBALE IN THE BROWNFiELDS AGREEMENT FOR THiS PROPERTY.
/
E.1. P.
WATERSHED INFORMATION:
WATERSHED: N/A
DRAINS TO SOUTH BUFFALO CREEK
FLOOD CERTIFICATION ( EFFECTIVE
Subject parcels are Not located in a special Flood Hazard Area as
determined by the State of North Carolina and Federal Emergency
Management Agency Flood Insurance Rate Map Panel # 3710786400 J
Effective Date June 18, 2007.
151.14' o o f_
0
/---------------
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I
PARCEL NO. 487
ZCD & F LLC
D.B. 8017, PG. 2226
*SSV-11/ 11 DUP
W.McGEE ST.
< �P
w SMOTHERS PL � /
LU v
cA .
s LE PUBLIC RIGHT -OF I - S
--s_S-WAY
EX. NAIL S 82°5455 E
* SSV-7 I
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TWO STORY -BRICK
PARCEL NO.481
I AZ DEVELOPMENT, LLC
I D.B. 7647, PG. 1242
I 111 and 109 W. LEWIS STREET
I
o I
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0 CS-6
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1.93'
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5.00,
PARCEL NO.488
LINDA C. BROWDER
NICHOLAS S. BROWDER
WILLIAM M. BROWDER
D.B. 7394, PG. 2567
OCS-1
VP-1
IA-5
V
CS-2
O
WOOD DEC
& STEPS
N 82 °54'5
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S � _
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PARCEL NO. 484
FENTRESS PROPERTIES, LLC
D.B. 7531, PG. 1277
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VICINITY MAP
N. T. S.
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BASIS OF SURVEY
HORIZONTAL NAD 83 2011
VERTICAL NAVD-88
U.S. SURVEY FEET ( SF )
PRELIMINARY
MAP
NOT FOR RECORDATION, CONVEYANCES,
OR SALES
EXHIBIT B to the Notice of Brownfields Property
SURVEY PLAT
PROSPECTIVE DEVELOPER: AZ DEVELOPMENT, LLC
PROPERTY OF
BOXCAR GSO HOLDINGS LLC
8105 GREYS LANDING WAY
RALEIGH, N.C. 27615
ATTENTION: JERRAD BEMENT
PROPERTY LOCATION:
120 WEST LEWIS STREET
and
AZ DEVELOPMENT LLC
3412 OLD ONSLOW RD.
GREENSBORO, N,C, 27407
ATTENTION: ANDY ZIMMERMAN
PROPERTY LOCATION:
109, 111, 115, 117 WEST LEWIS STREET
MOREHEAD TOWNSHIP GUILFORD COUNTY
GREENSBORO, NORTH CAROLINA
SCALE:1"= 20' FEBRUARY 19, 2024
0' 10, 20' 40' 60' 80,
Borum, Wade and Associates, P.A.
Engineers
Planners 621 Eugene Court, Suite 100, Greensboro, NC 27401-2711
PO Box 21882 Greensboro, NC 27420-1882
S u r v e y o r s Phone:336-275-0471 Fax:336-27S-3719
Web: www.borum-wade.com
N.C. License #: C-0868
SHEET 1 OF 3 C - 2025
NCGS 130A-310.35(a) requires recordation of a Notice of Brownfields Property ("Notice") that identifies any restrictions on the current and future use of a Brownfields Property that are
necessary or useful to maintain the level of protection appropriate for the designated current or future use of the property and that are designated in a Brownfields Agreement
pertaining to the property. This survey plat constitutes one of three exhibits to the Notice pertaining to the Brownfields Property depicted on this plat and recorded at the Guilford
County Register of Deeds' office. The exhibits to the Notice are: the Brownfields Agreement for the subject property, which is attached as Exhibit A to the Notice; a reduced version of
this survey plat, which is attached as Exhibit B to the Notice; and a legal description for the subject property, which is attached as Exhibit C to the Notice. The land use restrictions below
have been excerpted verbatim from paragraph 12 of the Brownfields Agreement, and all paragraph letters/numbers are the same as those used in the Brownfields Agreement. The
following Land Use Restrictions are hereby imposed on the Brownfields Property and shall remain in force in perpetuity unless canceled by the Secretary of the North Carolina
Department of Environmental Quality (or its successor in function), or his/her designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e):
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. As referenced in paragraph 3 above, for Parcel 7864640041 (120 W. Lewis Street), there were previous land use restrictions recorded by way of the Model
Linen Notice of Brownfields Property at the Guilford County Register of Deeds on September 14, 2006 (Book 6599, Page 1539-1564), and by an associated brownfields survey plat
recorded on July 19, 2006 in Plat Book 166, Page 1 as part of a previous brownfields agreement (Brownfields Project No. 08007-04-041). The land use restrictions placed herein
supersede and replace the original land use restrictions recorded for Parcel 7864640041 with those set forth in this paragraph. All references to DEQ shall be understood to include any
successor in function.
Land Uses
a. No use may be made of the Brownfields Property other than for retail, restaurant, beverage or food production facility, office, event space, and subject to DEQ's prior written
approval, other commercial uses. These land uses and their definitions below apply solely for purposes of this Agreement, and do not waive any local zoning, rule, regulation, or
permit requirements:
i. "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.
ii. "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.
iii. "Beverage or 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.
iv. "Office" is defined as a place where business or professional services are provided.
v. "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.
vi. "Commercial" is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
Specific Prohibitions
b. The Brownfields Property may not be used for childcare centers, adult care centers, or schools without the prior written approval of DEQ.
c. The Brownfields Property may not be used for residential use without the prior written approval of DEQ.
d. The Brownfields Property may not be used for dry cleaning operations using chlorinated solvents.
Environmental Management Plan
e. Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an Environmental
Management Plan ("EMP") approved in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each subsequent
redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment activities at the Brownfields
Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including without limitation those resulting from contamination identified in
paragraph 3 above;
iii. contingency plans for addressing, including without limitation the testing of soil and groundwater, newly discovered potential sources of
environmental contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators, soil contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil before import to the Brownfields Property and the disposition of all
soil excavated from the Brownfields Property during redevelopment.
Redevelopment Summary Report
f. Within 90 days after each one-year anniversary of the effective date of this Agreement for as long as physical redevelopment of the Brownfields
Property continues (except that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner of the
Brownfields Property shall provide DEQ a report 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).
g. Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ along with any
measures DEQ deems necessary to ensure that the Brownfields Property will be suitable for the uses specified in subparagraph 12.a.
above while fully protecting public health and the environment. Should groundwater be encountered or exposed during any activity on
the Brownfields Property, it shall be managed in accordance with the DEQ-approved EMP outlined in subparagraph 12.e. above, or a plan
approved in writing in advance by DEQ.
Soil
h. No activity that disturbs soil on the Brownfields Property may occur unless and until DEQ states in writing, in advance of the proposed activity,
that said activity may occur if carried out along with any measures DEQ deems necessary to ensure the Brownfields Property will be suitable for
the uses specified in subparagraph 12.a. above while fully protecting public health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in advance of a scheduled repair
(if only by email) of any such repair, or in emergency circumstances no later than the next business day, and that any related assessment and
remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined in subparagraph
12.e.
I. 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.e.
Vapor Intrusion
j. No disturbance or alteration of the slab or crawl spaces within the existing building footprints, as depicted on the plat component of the Notice of Brownfields Property
referenced in paragraph 16 below, may occur unless in accordance with paragraph 11 above, in accordance with a DEQ-approved EMP, or unless in the case of emergency
circumstances for repair of underground infrastructure, in which case DEQ shall be provided written notice no later than the next business day and any related assessment and
remedial measures required by DEQ shall be taken.
k. No enclosed building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 16 below, may be occupied for residential use until DEQ determines in writing that:
i. the building is or would be protective of the building's users and public health from the risk of vapor intrusion based on site assessment data, or a site -specific risk assessment
approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors into building features in accordance with the most recent and applicable DWM Vapor Intrusion Guidance, Interstate
Technology & Regulatory Council (ITRC) guidance, and American National Standards Institute (ANSI)/American Association of Radon Scientists and Technologists (AARST)
standards, and that a professional engineer licensed in North Carolina, as evidenced by said engineer's professional seal, is satisfied that the design is fully protective of public
health, and shall include a performance monitoring plan detailing methodologies and schedule, both of which are subject to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ approval that includes as -built diagrams, photographs, and a description of the installation, with said
engineer's professional seal confirming that the engineer is satisfied that the system was installed per the DEQ approved design. If any deviations from the system design were
necessary during installation, then the report shall include details on said deviations, as well as the engineer's seal certifying the VIMS, as installed, was installed in such a
manner so as to be fully protective of public health.
Surface Water
I. Surface water at the Brownfields Property may not be used for any purpose, other than in connection with legally compliant storm water collection and reuse
techniques, without the prior written approval of DEQ.
Property Access
m. Neither DEQ, nor any party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for purposes of conducting such assessment or remediation, which is to be
conducted using reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
Abandonment of Monitoring Wells
n. 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 manmade 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
o. Except for the work related to subparagraph 12.n. 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.
Notifications upon Transfer
p. 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 Guilford 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 or rider is identical in form, the owner conveying an
interest may provide DEQ with copies of a form lease or rider evidencing compliance with this subparagraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XVII (Notices and Submissions); or (ii) The owner conveying an interest may provide abstracts of leases, rather than full copies of said leases, to
the persons listed in Section XVII.
Separating Old from New Contamination
q. None of the contaminants known to be present in the environmental media at the Brownfields Property, as described in Exhibit 2 of this Agreement, and as
modified by DEQ in writing if additional contaminants in excess of applicable standards are discovered at the Brownfields Property, may be used or stored at the
Brownfields Property without the prior written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and maintenance activities;
ii. as constituents of fuels, lubricants and oils in emergency generators, machinery, equipment, and vehicles in on -board tanks integral to said equipment, or in
flammable liquid storage containers totaling no more than 25 gallons; or
iii. as constituents of products and materials customarily used and stored in retail, restaurant, beverage or food production facility, office, event space, and subject to
DEQ's prior written approval, other commercial use 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
r. During January of each year after the year in which the Notice referenced below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ and to the chief public health and environmental officials of Guilford
County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Guilford County Register
of Deeds office and that the land use restrictions are being complied with. If ownership of any portion of the Brownfields Property is transferred, the grantor shall
submit a LURU (as outlined above) which covers the period of time they owned such portion of the Brownfields Property. 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; and
iv. whether any existing building slabs and crawl spaces remain undisturbed and unaltered as required by subparagraph 12.j. above and are being inspected annually,
including an annual photograph, and maintained to prevent exposure to sub -slab or crawl space vapors.
FOR THE PURPOSES OF N.C.G.S. $ 13OA-310.35
Bruce Nicholson, Chief Date
Brownsfields Redevelopment Section
Division of Waste Management
State of North Carolina
Wake County
CURRENT OWNER
AZ DEVELOPMENT LLC
3412 OLD ONSLOW RD.
GREENSBORO, N,C, 27407
ATTENTION; ANDY ZIMMERMAN
W. McGEE ST.
J�
a
J
Q
w
SMOTHERS F
L o
U_
VICINITY MAP
N. T. S.
PRELIMINARY
MAP
NOT FOR RECORDATION, CONVEYANCES,
OR SALES
EXHIBIT B to the Notice of Brownfields Property
SURVEY PLAT
PROSPECTIVE DEVELOPER; AZ DEVELOPMENT, LLC
PROPERTY OF
BOXCAR GSO HOLDINGS LLC
and
AZ DEVELOPMENT, LLC
109, 111, 115, 117 & 120 WEST LEWIS STREET
MOREHEAD TOWNSHIP GUILFORD COUNTY
GREENSBORO, NORTH CAROLINA
SCALE;1"= 20' FEBRUARY 19, 2024
0' 10, 20' 40' 60' 80'
CURRENT OWNER J Boru,Wade and Associates, P.A.
BOXCAR GSO HOLDINGS LLC Engineers m
P i d n n e r S 621 Eugene Court, Suite 100, Greensboro, NC 27401-2711
4�10) 8105 GREYS LANDING WAY roone:33 Box -2 5-047GreensbFax:33oro, NC -275-3i882
S U Y v e y 0 Y 5 Phone:336-275-0471 Fax:336-275-3719
RALEIGH, N,C, 27615 Web: www.borum-wade.com
ATTENTION: JERRAD BEMENT N.C. License #: C-0868
SHEET 2OF3 C-2025
Exhibit 2
Bro'wvfields Property- West Lewis Street
Brownfields Project lumber: 17046-13-041
The following tables set forth. for containiiiants present at the Brownflelds Property
above tutrestricted use standards or screening levels as reported in the Environmental Reports in
paragraph 4 of the Brownfields Agreemew to which this is an exhibit. the most recent
concentration found at each sample location and the applicable standard or Screening level..
Screening lev. el and standards are shown for reference only and are not set forth as cleanup or
mitigation levels for the ptuposes of this Agreement.
GROUNDWATER
Grotuidwater 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 Cade,
Subchapter 2L. Rule ,0202(2L). (April 1. 2013 version). or the 2L Groundwater Interim
Maximinn Allowable Concentrations (IMACS). (April L 2022 version):
Grotuidwater
contamilli nt
Sample
Location
Date of
Sampling
Most Recent
Concentration
Exceeding
Standard
{ 1 ,"L
Standard
41g"L)
Benzene
TI ,rW-1
8/22/2014
59.8
1
1vIW-3
8122/2014
4.77
EttivIbenzene
Tlv W-4
6/22/2014
668
NaphthaleneG
M -3
6122/21014
53.9
TN-nV. -1
8}2?r'2014
316
TMnV-2
6122l2014
99.9
TNnV. -4
8}22012014
42D
>-Iso rro yltoltlenal
TNfiV-~
8122l2014
23.4
NSE
1-Methyhiaphth.alene
IW-3
8122f2014
13.-
1
TNnV. -1
8/22/2014
14.9
TNfLV-4
8122l2014
16.-
2-Methyinaphth.alene
TN,nlT-1
8/22/2014
33.0
TNfLV-4
8/22/2014
33.7
Tetracltloroethylene
MTV-1
1012312002
2.7
- -
MTV-3
8122/2014
13.1
MW-4
2116/21004
4,8
TNnV-1
7/22/2013
2.4
TNEW-2
7122/2013
4.4
TNnV-4
7122/2.013
11.-
Tricliloroethene
MTV-1
10/2312002
9
3.0
M -4
2116/2004
3.3
Vinyl Chloride
IVIN -1
10/2312002
51
0.03
leases. total
TNnV-4
1 8122/2014
1 1,030
1 500
NSE-No standard established
SUB -SLAB VAPOR
Sub -slab vapor contaminants in micrograms per cubic meter, the vapor intrusion
screening le7,Fels for u-hich are contained in the DIVM Vapor Intrusion Guidance, Non -
Rcsidential Vapor Intrusion Screening Levels (VI L), July 2023 version:
.Sub -Slab Vapor
Contaminant
SampleResidential
Location
Date of
Sampling
Concentration
Exceeding
Qrccning
Level (µglrn')
Ion -
Screening
Le e11 g
r a
,m
Acetone
SSV-8
12/15/2021
342
NSE
SSV-9
12/15/2021
771
SSV-10
12/15/2021
494
SSV-11/11Du
12/15/2021
40.5/64
SSV-15
11191202.2.
112
SSV-16
1/19/2.022
29.1
SSV-18
1/19/2.022
40.4
SSV-1
1/191202.2.
73.5
VP-1
8/22/2.014
50.4
Ethanol
SSV-7
12/15/2021
102
NSE
SSV-S
12/15/2021
4,580
SSV-
12r 15/2021
24,800
SSV-10
12/15/2021
22,700
SSV-11111Dup
124512021
748..73
SSV-14
1/19/2.022
12..9
SSV-15
1/19/2.022
174
SSV-1
1/19/2022
167
SSV-18
1/19/2.022
175
SSV-1
1/19/2.022
220
SSV-23/23 Dup
1/19/2.022
12.9/155
4-Eth ltoluene
VP-1
8/22/2.014
9.1
S E
Teee trachloroethm'.
SSV-14
1/19/2.022
10,100
]
SSV-17
1/19/2.022
102500
SSV-19
1119/2022
4,020
SSV-21
1/19/2.022
3,750
Triclilurut7uoiolrietli ne
SSV-9
12/15/2021
29.7
E
SSV-10
12/15/2021
38.5
SSV-11.111Dup
12/15/2021
2.612.5
SSV-15
1/1912.022
4.1
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0-2- Screening levels. displayed
for carcinogens are for a 1-DE-6 lifetime incremental cancer risk-
fTrichloroethylene (TCE) was not detected in certain samples; however, TCE reporting limits w.ere elevated With
respect to the TOE VISL in samples -with high tetracHoroethene concentrations-
NSE - Screening level not established
GROUNDWATER VAPOP, INMUSION RISK
I
Ororuiclwate>r contaminants -itli the pate ntial for -vapor intrusion (VI) in mierograins per
liter (the cquivalent of parts gcr billio n), the vapor intrusion scrccr ing levels for which are
c o ntalned its the Dilli s ion of _�aste Mana n ement DVW Vapor Intrusion Guidance, Non -
Residential Vapor Intrusion Screening Le -vets (VI L), Ju ly 2 02 3 version:
7rolmcllvat�-'r
ontaininant - -- itL
Potential for -Vapor`:t=1l;le
Intrusion
Loci tittl
Dste o`'
Sampling
Concentration
Exceed itia
Screening
Level [igil
Non-
Residenti al
Sertening
Le --ell
L)
$elazenc
TMW-1
8/2 f2014
59.8
6.9
2-CIII orotoluene
TMW-4
8i 2f2014
58.3
NSE
Eth the ene
M -3
W22f2014
65.9
I;
TIC W-1
8/ 2f2014
352
TMW-,
W 2f2014
668
TMW-4
81 2f2014
668
I TaphllYalene
M-3
/2f20 14
53.9
f.'
TNIW-1
W 2f2014
316
TNIW- .
i 2f2014
99.9
TNIW-4
W2 f 014
420
P - I U 0 propylt0luene
TNIW-
8i 2f2014
23.4
NSE
1-Methyliiaphtlialene
M -3
W 2f2014
13.7
NSE.
TIC W-1
81 2f2014
14.9
TNIW-4
/ 2f2014
16.7
2 -Metli ln.aphthal le
'ITI EV. -1
W2212014
3
Iv E
TNRV- -4
/ f2014
33.7
Trichloroethene
11I I-1
10/ 3J200.2
9
4,4
Vein 1 Chloride
MVV-1
10l3100
51
? ,
lent , total
TIC W-1
S/ 2f2014
325
TI Iry -4
W 2f2014
1,030
i Screening levels displayed for non-carcinogeris are for ahazard quotient equ21 to 0-2- Screening levels displayed
for carcim_gem art for a 1.0E-6 lifetime incremental cancer risk-
'NSE --No screening 1evd established
CRANVL SPACE AIR
Crawl space air contaminants in micrograms per cubic meter. the screening levels for
,,vWch are contained in the DWM Vapor Intnision Guidance. Non -1 esidential Vapor Latrusion
Screening Levels VISL . July 202 3 v. ersion:
C-raw. 1 Space Air
Contaminant
Sample
Location
Date of
Sampliiig
Concentration
Exceeding
Screenhig
Level (pg/m3
Non-
Residential
Screenine
Uveli
1 Z117[1
Acetone
CS-1
12/15/2021
3
NSE
CS-2
12/15/2021
65.4
CS-3
12/15/2021
18.4
CS-4
12/15/2021
60.'
CS-5
12/15/2021
9'
CS-6
12/15i2021
32.8
CS- 13B
9/25/2023
5 ,
Benzene
CS-2
12/15i2021
3.0
CS-3
12.11 /2.02.1
2.77
Chloroform
CS- 13B
9/25/2023
1A
`v
Ethanol
CS-1
1;.' 15i2-021
1.050
NSE
CS-2
12/1 1202.1
192
C-3
12/15i2021
309
CS-4
12/15/2021
1.480
CS-5
12/15/20211
1.550
CS-6
1 2/15/2021
1.340
C-12
12/15/2021
33.3
C-13
12/15/2021
74.8
CS- 13B
9/25/2023
8.8
Naphthalene
CS-5
12/15/2021
5.8
_ {
Tetra chloro ethene
C S-12
12/15/2021
381
35
CS-13
12.11 /2.02.1
776
CS- 13B
9/25/2023
560
Trichloroethvlene
C S - 21
12/15/2021
3.3
1.8
Trlchlorofluoromethane
CS- 13B
9/25/2023
1.?
NSE
1creee- levels displayed for non -carcinogens are far a hazard quotient equal to 0-2- Screening levels displayed
for carcinogens are for a I - OE-6 lifetime incremental cancer risk-
NSE - Screening level not estabin.Shed
Indoor air contaminants in micrograms per cubic meter, the screening levels for w-hich
are contained in the DWM Vapor Intrusion Guidance, Non -Residential Vapor Intrusion
Screening L Fels (VI L). July 2023 aversion:
Indoor Air C*ontanim' ant
Sample
Location
Date of
Sainplim
Concentration
Exceeding
Screening
Level V*m3
Non -
Residential
ScreenuiL e11
m 3
Acetone
IA-1
91/43
51
NSE
IA-2
9/25/2023
65
IA-3/IA-3
1
9/25/2023
74.77
IA-4
9/25/2023
44
IA-5
9/25/2023
55
Chloroform
IA-1
9/25/2023
1.1
0.53
L4-2
9/25/2023
[; , S
IA-3IIA-3
Dup
9/25/2023
0.83/0.8
Ethanol
IA-1
9/25/2023
5,30-0 E
SE
IA-2
9/25/2023
2,700 E
EA-_3A-3
u
9125/2023
3.200 �r3.100
IA-4
9/25/2023
2,100 E
IA-;
9125l2023
2,200 E
4-Eth ltoluene
IA-1
9/25/2023
0.2+2
NSE
IA-?
912l03
0.12 J
IA-3
9/25/2023
0.141
IA-rt
9125/2023
0.13 J
IA-
9/25/2023
0.15 J
NaplathLghne
IA-1
9/25l2023
0.41
0.36
IA-4
9/25/2023
4.6
IA-5
9/25/2023
11
Trichlorofiucrometlian.-
L4-1
9/25/2023
1.2
NSE
LA-2
9125/2023
1.2
I -34A-3
Ehip
9125/2023
1.211.2
IA-4
9/25l202.3
1.2
IA-5
9125/2023
1.2
iScreening levels displayed for non -carcinogens are for a hazard quotient equal to 0-2- Screening levels displayed
far carc1nc2cn5:re fir a 1.4E-6 lifetime incremental cancer risk.
NNE - Screeiurig level not established
E - Reported results is estimated- Value rep-rted over verified calibration range-
J- Estimated valuo between the method detection limit and the laboratory reporting limit
PRELIMINARY
MAP
NOT FOR RECORDATION, CONVEYANCES,
OR SALES
EXHIBIT B to the Notice of Brownfields Property
SURVEY PLAT
PROSPECTIVE DEVELOPER; AZ DEVELOPMENT, LLC
PROPERTY OF
BOXCAR GSO HOLDINGS LLC
and
AZ DEVELOPMENT, LLC
109, 111, 115, 117 & 120 WEST LEWIS STREET
MOREHEAD TOWNSHIP GUILFORD COUNTY
GREENSBORO, NORTH CAROLINA
SCALE:1"= 20' FEBRUARY 19, 2024
0' 10, 20' 40' 60' 80'
Engine Borum, Wade and Associates, P.A.
®
Planners 621 Eugene Court, Suite 100, Greensboro, NC 27401-2711
PO Box 21882 Greensboro, NC 27420-1882
Surveyors Phone:336-275-0471 Fax:336-275-3719
Web: www.borum-wade.wm
N.C. license #: C-0868
SHEET 3 OF 3 C - 2025
EXHIBIT C
LEGAL DESCRIPTION
Boxcar GSO Holdings LLC - 120 West Lewis Street, Greensboro, NC:
All that certain new piece, parcel or tract of land lying and being in the City of
Greensboro, Morehead Township, Guilford County, North Carolina, and being more
particularly described as follows:
BEGINNING at an existing nail in the northern margin of West Lewis Street, a
variable public right-of-way, said point being in the southwest corner of 112 W. Lewis
Street QOZB, LLC, either now or formerly, as described in instrument recorded in
Deed Book 8566, Page 2805, in the Guilford County Registry, and having Parcel No.
537 ("The QOZB Property"), said point also being South 44°38'33" West a distance of
1277.56 feet from a published NCGS monument "NCRR GU U0001" having NAD
83/2011 coordinates of Northing= 844,817.818 and Easting= 1,767,000.377; thence
from the Point of Beginning along the northern margin of West Lewis Street, North
83°23'48" West a distance of 144.99 feet to an existing 1 1/4" iron pipe in the eastern
margin of Norfolk Southern Railroad, a 50' right-of-way; thence along the eastern
margin of Norfolk Southern Railroad right-of-way, the following two (2) bearings and
distances: (i) North 22'20' 15" East a distance of 141.31 feet to an existing 1" iron pipe;
(ii) North 299 F12" East a distance of 55.40 feet to an existing 1 1/2" iron pipe in the
southwest corner of Browsery Partnership and Benjamin D. Matthews, either now or
formerly, as described in instrument recorded in Deed Book 5704, Page 171, in the
Guilford County Registry, and having Parcel No. 530 ("The Matthews Property");
thence along the southern line of The Matthews Property, South 86°27'59" East a
distance of 76.25 feet to an existing 3/8" iron pipe in the northwest corner of
Community Theatre of Greensboro, Inc., either now or formerly, as described in
instrument recorded in Deed Book 7429, Page 2342, in the Guilford County Registry,
and having Parcel No. 531 ("The Community Theatre Property"); thence with the
western line of The Community Theatre Property, the property of Eric P. Morgan and
Jacqueline S. Morgan, either now or formerly, as described in instrument recorded in
Deed Book 6642, Page 1271, in the Guilford County Registry, and having Parcel no.
532, the property of Brent C. Ziegler, either now or formerly, as described in
instrument recorded in Deed Book 8118, Page 165, in the Guilford County Registry,
and having Parcel No. 533, the property of LDI Properties, LLC, either now or
formerly, as described in instrument recorded in Deed Book 5873, Page 2027, in the
Guilford County Registry, and having Parcel No. 534 and The QOZB Property, South
03°49'54" West a distance of 191.48 feet to the Point and Place of Beginning and
containing 0.490 acre more or less, as shown in that certain Survey for Boxcar
Holdings LLC, prepared by Borum, Wade and Associates, P.A. dated February 3,
2024.
West Lewis Street/ 17046-13-041/19Feb2024
AZ Development, LLC - 109,111, 115, 117 West Lewis Street, Greensboro, NC:
All that certain new piece, parcel or tract of land lying and being in the City of
Greensboro, Morehead Township, Guilford County, North Carolina, and being more
particularly described as follows:
BEGINNING at a new iron pipe in the southern margin of West Lewis Street, a variable
public right-of-way and the eastern margin of Norfolk Southern Railroad, a 50' right-of-
way, said point being South 44°38'33" West a distance of 1277.56 feet, North 83°23'48"
West a distance of 144.99 feet and South 20° 14'25" West a distance of 41.50 feet from a
published NCGS monument "NCRR GU U0OO1" having NAD 83/2011 coordinates of,
Northing= 844,817.818 and Easting= 1,767,000.377; thence from the Point of
Beginning along the southern margin of West Lewis Street, the following two (2)
bearings and distances: (i) South 83°38'21" East a distance of 114.20 feet to an existing
nail; (ii) South 82°54'55" East a distance of 93.00 feet to a point in the northwest corner
of a 8' alley, described in an instrument recorded in Deed Book 300, Page 96, in the
Guilford County Registry; thence with the western margin of the 8' alley, South
04°04'05" West a distance of 112.00 feet to a point in the northeast corner of Linda C.
Browder, Nicholas S. Browder and William M. Browder, either now or formerly, as
described in instrument recorded in Deed Book 7394, Page 2576, in the Guilford County
Registry, and having Parcel No. 488 ("The Browder Property"); thence with the northern
and western line of The Browder Property, the following five (5) bearings and distances:
(i) North 82°54'55" West a distance of 40.00 feet to an existing iron pipe; (ii) North
04°04'05" East a distance of 5.00 feet to a new iron pipe; (iii) North 82°54'55" West a
distance of 53.00 feet to a new iron pipe; (iv) South 04°04'05" West a distance of 1.93
feet to a point; (v) South 04°04'40" West a distance of 45.81 feet to a new iron pipe in
the northeast corner of ZCD & F LLC, either now or formerly, as described in
instrument recorded in Deed Book 8017, Page 2226, in the Guilford County Registry,
and having Parcel no. 487 ("The ZCD & F LLC Property"); thence with the northern
line of The ZCD & F LLC Property North 85°07'19" West a distance of 151.14 feet to
an existing iron pipe in the eastern margin of Norfolk Southern Railroad, a 50' right-of-
way; thence with the eastern margin of Norfolk Southern Railroad right-of-way North
17'19'21" East a distance of 161.47 feet to the Point and Place of Beginning and
containing 0.709 acre more or less, as shown of that certain Survey for AZ
Development, LLC, prepared by Borum, Wade and Associates, P.A. dated February
3, 2024.
West Lewis Street/ 17046-13-041/19Feb2024