25093_N Mangum_PCPKG_20240412

North Mangum Street Properties II/25093-21-032/20240412

NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: North Mangum Street Properties II Brownfields Project Number: 25093-21-032 North Carolina’s Brownfields Property Reuse Act (the “Act”), North Carolina General Statutes (“NCGS”)
§ 130A-310.30 through 130A-310.40, provides for the safe redevelopment of abandoned, idled, or underused
properties at which expansion or redevelopment is hindered by actual or potential environmental contamination.
One of the Act’s requirements is the submittal of this Notice of Intent to Redevelop a Brownfields Property (“NI”)
that has been approved by the North Carolina Department of Environmental Quality (“DEQ”) for public notification
purposes as per NCGS § 130A-310.34(a). The NI shall provide, to the extent known, a legal description of the location
of the Brownfields Property, a map showing the location of the Brownfields Property, a description of the
contaminants involved and their concentrations in the media of the Brownfields Property, a description of the
intended future use of the Brownfields Property, any proposed investigation and remediation, and a proposed Notice
of Brownfields Property (“NBP”) prepared in accordance with NCGS § 130A-310.35. The proposed NBP for a
particular brownfields project is attached hereto. The proposed NBP includes the proposed Brownfields Agreement,
which is attached as Exhibit A, and the other required elements of this NI. A Summary of this Notice of Intent
(“SNI”) shall include a statement as to the public availability of the full 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 April 16, 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

25093-21-032/ North Mangum Street Properties II/20240412

SUMMARY OF NOTICE OF INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: North Mangum Street Properties II Brownfields Project Number: 25093-21-032 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, Mangum Street
Partners, 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 103, 107, 109 Broadway Street,
601, 603, 605, 607 N Mangum Street, 106, 108 and 110 Hunt Street, Durham, Durham County. The Brownfields Property,
which is the former site of Mangum Street Service Center, consists of 1.58 acres. Environmental contamination exists on
the Brownfields Property in soil, groundwater, and exterior soil gas. Mangum Street Partners, LLC has committed itself to
redevelop the Brownfields Property for no uses other than high-density rental residential, retail, restaurant, recreation,
associated parking, 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 Mangum Street Partners, 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 Durham County Library
located at 300 North Roxboro Street, Durham, NC by contacting Claudia Aleman, Main Library Manager at (919)
560-0116, or by email at [e-mail]; 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
[e-mail], or at [phone]. The full Notice of Intent to Redevelop a Brownfields Property may
be reviewed online at the DEQ public record database, Laserfiche, by entering the project number 25093-21-032 into the
search bar at the following web address: https://edocs.deq.nc.gov/WasteManagement/

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 April 16, 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 27699-1646

North Mangum Street Property II/25093-21-032/20240412

Property Owner: Mangum Street Partners, LLC Recorded in Book ____, Page ____
Associated plat recorded in Plat Book ____, Page ____ NOTICE OF BROWNFIELDS PROPERTY Brownfields Property Name: North Mangum St. Properties II Brownfields Project Number: 25093-21-032 This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat component, have been filed this _____ day of __________________, 20___ by ______________________________ (“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 a 1.58 acre parcel (PIN 0831-08-4988) located at 103, 107, 109 Broadway Street, 601, 603, 605, 607 N Mangum Street, 106, 108 and 110 Hunt Street, Durham, Durham County. The Prospective Developer has proposed the following reuses for this parcel:
high-density rental residential, retail, restaurant, recreation, associated parking, and subject to

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DEQ’s prior written approval, other commercial uses. Previous uses of the Brownfields Property include auto repair and retail, residential, and commercial uses. The northeast corner of the
Brownfields property was the footprint of the following historical auto sites: Longs Service Sta,
Whites Service Sta And, Broadway Taxi Garage, Latta Esso Sales & Service Fill, Mangum Street Service Center, Mangum Street Esso and Coxs Radiator Service. All the historical sites above were located on 607 Mangum Street North, with Mangum Street Esso and Coxs Radiator Service being listed at 609 Mangum Street North, as the parcel at 607 North Mangum Street was
developed with two separate buildings and recombined. 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,

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Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. 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 high-density rental
residential, retail, restaurant, recreation, associated parking, 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. High-Density Rental Residential is defined as for-rent-only permanent
dwellings where residential units are attached to each other with common walls, such as
apartments, group homes, dormitories or boarding houses, and any property outside the dwelling
structures is usable by all residents and not privately owned as part of a particular unit (e.g.,
privately-owned courtyards are prohibited), and may include related amenities, such as pools,
clubhouses, courtyards, common areas, recreation areas and parking garages. Single family
homes, townhomes, duplexes or other units with yards are prohibited.
ii. Retail is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
open air markets, festivals, food halls, and the sales of food and beverage products, including
from mobile establishments such as food trucks.
iii. Restaurant is defined as a commercial business establishment that
prepares and serves food and beverages, including alcoholic beverages under all applicable local,

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state, and federal regulations, to patrons.
iv. Recreation is defined as indoor and outdoor exercise-related, physically
focused, or leisure-related activities, whether active or passive, and the facilities for same,
including, but not limited to, studios, swimming or wading pools, splash pads, clubhouses,
sports-related courts and fields, open space, greenways, parks, playgrounds, walking paths,
picnic and public gathering areas, campgrounds, boat docks, and marinas.
v. Parking is defined as the temporary accommodation of motor vehicles
in an area designed for same.
vi. Commercial is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee, with the exception of educational space and childcare
facilities. For the purposes of this Agreement, this excludes use as a dry cleaner using
chlorinated solvents or other operation which uses chlorinated solvents.
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 dry cleaning operations using
chlorinated solvents.
Environmental Management Plan
d. Physical redevelopment of the Brownfields Property may not occur other than
in accordance, as determined by DEQ, with an Environmental Management Plan (“EMP”)
approved in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment

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phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil
contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment.
Redevelopment Summary Report
e. No later than January 31, 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;

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iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater, or other materials
suspected or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water, or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
Demolition Activities
f. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
in paragraph 16 below shall be in accordance with applicable legal requirements, including
without limitation those related to lead and asbestos abatement that are administered by the
Health Hazards Control Unit within the Division of Public Health of the North Carolina
Department of Health and Human Services.
Groundwater
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.d., or a plan approved in

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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.d.
i. Unless otherwise approved by DEQ in writing, no use of the Brownfields
Property may occur until the then owner of the Brownfields Property conducts representative
final grade soil sampling, pursuant to a plan approved in writing by DEQ, of any area that is not
covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways
of the Brownfields Property as delineated on the plat component of the Notice of Brownfields
Property referenced in paragraph 16 of this Agreement.
j. 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,

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unless conducted in accordance with an approved EMP as outlined in paragraph 12.d.
Vapor Intrusion
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 until DEQ determines in writing
that:
i. the building is or would be protective of the building’s users and public
health from the risk of vapor intrusion based on site assessment data, or a site-specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors into
building features in accordance with the most recent and applicable DWM Vapor Intrusion
Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American
National Standards Institute (ANSI)/American Association of Radon Scientists and
Technologists (AARST) standards, or alternate standards approved in writing in advance by
DEQ and that a professional engineer licensed in North Carolina, as evidenced by said
engineer’s professional seal, is satisfied that the system has been designed so as to be fully
protective of public health within the meaning of NCGS § 130A-310.32 (a)(2), 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

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said engineer’s professional seal confirming that the engineer is satisfied that the system was
installed per the DEQ approved design. If any deviations from the system design were necessary
during installation, then the report shall include details on said deviations, as well as the
engineer’s seal certifying the VIMS, as installed, was installed in such a manner so as to be fully
protective of public health.
Property Access
l. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
Damage to wells
m. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants, shall be responsible for repair of any such wells to DEQ’s written satisfaction and
within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance.
Notification of Tenants
n. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: “This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Durham County land
records, Book ___________, Page__________.” A copy of any such instrument shall be sent to
the persons listed in Section XVII (Notices and Submissions), though financial figures and other

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confidential information related to the conveyance may be redacted to the extent said redactions
comply with the confidentiality and trade secret provisions of the North Carolina Public Records
Law. The owner conveying a leasehold interest may use the following mechanisms to comply
with the obligations of this paragraph: (i) If every lease or rider is identical in form, the owner
conveying an interest may provide DEQ with a copy of a form lease or rider evidencing
compliance with this subparagraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XVII (Notices and Submissions); or (ii) The owner conveying an
interest may provide abstracts of leases, rather than full copies of said leases, to the persons listed
in Section XVII.
Separating Old from New Contamination
o. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement, and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and
maintenance activities;
ii. in fluids in vehicles;
iii. as constituents of products and materials customarily used and stored
in high-density rental residential, retail, restaurant, recreation, associated parking, and subject to
DEQ’s prior written approval, other commercial environments, provided such products and
materials are stored in original retail packaging and used and disposed of in accordance with
applicable laws.

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Land Use Restriction Update
p. During January of each year after the year in which the Notice referenced
below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to
DEQ, and to the chief public health and environmental officials of Durham County, certifying
that, as of said January 1st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Durham County Register of Deeds office and that the land
use restrictions are being complied with. If ownership of any portion of the Brownfields Property
is transferred, the grantor shall submit a LURU (as outlined above) which covers the period of
time they owned such portion of the Brownfields Property during the calendar year of the
transfer. The submitted LURU shall state the following:
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.l. 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

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interfere with the operation of said system.
iv. A LURU submitted for rental units shall include enough of each lease
(or rider or abstract) entered into during the previous calendar year to demonstrate compliance
with lessee notification requirements in paragraphs 17 and 18 of this Agreement.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ Brownfields Property Management Branch referenced in subparagraph 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___.

Mangum Street Partners, LLC By: __________________________________________
John D. T. Gerber
Manager 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
___________________________________ (Official Seal) Notary’s printed or typed name, Notary Public My commission expires: _____________________

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************************************
APPROVAL AND CERTIFICATION OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY The foregoing Notice of Brownfields Property is hereby approved and certified.
North Carolina Department of Environmental Quality
By: _________________________________________ ________________________ 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: Mangum Street Partners, LLC
UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) North Mangum Street Properties II OF 1997, NCGS § 130A-310.30, et seq. ) 103, 107, 109 Broadway Street; Brownfields Project No. 25093-21-032 ) 601, 603, 605, 607 N Mangum Street; ) 106, 108 and 110 Hunt Street
) Durham, Durham County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and Mangum Street Partners, LLC (collectively
the "Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
seq. (the “Act”) for the property located at 103, 107, 109 Broadway Street, 601, 603, 605, 607 N
Mangum Street, 106, 108 and 110 Hunt Street Durham, Durham County (the “Brownfields
Property”). The Brownfields Property is comprised of one recently recombined 1.58-acre parcel
(Durham County Parcel identification number 0831-08-4988, REID 233651). 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 Mangum Street Partners, LLC, a limited liability company,
headquartered at 1055 Thomas Jefferson Street, NW Suite 210, Washington, DC 20007. Its
manager is John D. T. Gerber 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

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limitations contained in Section X (Certification), Section XI (DEQ’s Covenant Not to Sue and
Reservation of Rights) and Section XII (Prospective Developer’s Covenant Not to Sue), the
potential liability of Mangum Street Partners, LLC for contaminants at the Brownfields Property.
The Parties agree that Mangum Street Partners, LLC’s entry into this Agreement, and the
actions undertaken by Mangum Street Partners, LLC in accordance with the Agreement, do not
constitute an admission of any liability by Mangum Street Partners, LLC for contaminants at the
Brownfields Property. The resolution of this potential liability, in exchange for the benefit
Mangum Street Partners, 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 Mangum Street Partners, LLC.
III. BROWNFIELDS PROPERTY INFORMATION SUMMARY
3. Relevant information about the history, ownership, and uses of the Brownfields
Property is provided in the following summary table. Refer to the Exhibit 2 to this Agreement
that presents data table(s) of the contaminants present at the Brownfields Property at
concentrations above their applicable standards or screening levels for each media sampled.

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Parcel Address(es) & Parcel
IDs
Mangum Street, 106, 108 and 110 Hunt Street, Durham, NC (REID 233651, PIN # 0831-08-4988) At the time of the original Brownfields Property Application
(BPA), the Brownfields Property consisted of ten parcels with
Durham County PINs: 104951, 104952, 104953, 104954, 104955, 104956, 104957, 104958, 104959, 104960, with the following addresses: 103, 107, 109 Broadway Street, 601, 603, 605, 607 North Mangum Street, 106, 108, and 110 Hunt
Street. These parcels were recombined into one parcel as
Site Vicinity Land Use(s)
Thunderworks, ReCity, Henderson’s Paint, body, detail, and towing, and a former gasoline station building which is now occupied by Eagle Auto Sales, beyond. North Mangum Street is to the southeast, with a multi-family residential building
and Southern Electric Motor beyond. Hunt Street is to the
southwest, with a multi-family building and two residences beyond. Northwest of the Brownfields Property is an undeveloped lot and a single-family residence used as an
Proposed Reuse(s) associated parking, and subject to DEQ’s prior written
Public Benefits of Reuse areas, environmental cleanup activities, public health risk
Restrictions Prior to N/A

Historical Operations & Contaminant Sources
repair/retail) were identified on the Brownfields Property as early as the 1930s. City directories from 1920-2014 show the Brownfields Property was used for residential and
commercial purposes. A restaurant/market was present at 601

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The northeast corner of the Brownfields property was the footprint of the following historical auto sites: Longs Service Sta, Whites Service Sta And, Broadway Taxi Garage, Latta Esso Sales & Service Fill, Mangum Street Service Center,
Mangum Street Esso and Coxs Radiator Service. All the
historical sites above were located on 607 Mangum Street North, with Mangum Street Esso and Coxs Radiator Service being listed at 609 Mangum Street North, as the parcel at 607 North Mangum Street was developed with two separate
buildings and recombined.
Residential structures were identified on the Brownfields Property as early as 1913. Demolition of two remaining residential structures is planned as part of the redevelopment
process.
Off-Site Sources: There are two known off-site contaminant sources in the vicinity of the Brownfields Property: the gas station at 701 North Mangum Street and a Underground
Storage Tank (UST) incident at 213 Broadway Street.
From 1937 to 1950, there was a filling station located at 701 North Mangum Street, with two gasoline tanks directly north and upgradient of the Brownfields Property to the north of
Broadway Street. A NCDEQ UST Section Incident (Incident
No. 22818) resulted in a No Further Action letter on September 2, 2004. This parcel was identified as Henderson’s Paint, Body, Detail and Towing (formerly Kelley’s Auto Detail).

A NC DEQ UST Section Incident (Incident No. 15960, UST No.RA-2482), located approximately 600 feet northwest of the site, likely cross-gradient, at 213 Broadway Street, was closed on October 26, 2000. A 1,000-gallon underground
storage tank was removed on October 11, 1993.
A NC DEQ UST Section Incident (Incident No. 3788, UST No. RA-594) associated with 600 N. Mangum Street, directly across the road from the Brownfields Property, was closed by
the DEQ on April 23, 2007. There was not a Notice of

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Current Operations/Activities
residence. There is no other current use or leases on the
property. Previously, J.F. Wilkerson Contracting Co., Inc. and John Moriarty &Associates leased much of the Brownfields Property for the storage of construction supplies and construction vehicles, in addition to an office trailer. The
portion of the Brownfields Property that is not being leased is
Contaminated Media
naphthalene in exceedance of their respective Residential
Preliminary Soil Remedial Goals (PSRGs) are detected at the Brownfields Property. Additional compounds are detected but do not have established preliminary soil remedial goals associated with them.
Groundwater: Benzene, 1,4-dichlorobenzene, 1,2-dichloroethane, isopropyl ether, naphthalene, 2-methylnaphthalene, tetrachloroethylene, and trichloroethylene above their respective NC 2L Groundwater Standards are
detected at the Brownfields Property. Additional compounds
are detected, but do not have established NC 2L Groundwater Standards associated with them. Benzene, chloroform, 1,2-dichloroethane, di-isopropyl ether,
ethylbenzene, n-heptane, hexane, naphthalene,
tetrachloroethylene, trichloroethylene, 1,2,4-trimethylbenzene, and xylenes exceed their respective Residential Vapor Intrusion Screening Levels (VISL) in groundwater. Additional compounds are detected, but do not
have established screening levels associated with them.
Exterior Soil Gas: Benzene, ethylbenzene, naphthalene, and trichloroethylene, exceed their respective Residential VISLs in sub-slab vapor samples. Additional compounds are
detected, but do not have established screening levels
associated with them. Sub-Slab Soil Vapor: No sub-slab soil vapor samples were collected during the assessment phase.

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Surface Water/Sediment: There are no onsite surface
Onsite Receptors Considered
Potential Offsite Receptors Considered
i. Water supply wells:
water to the Brownfields Property and the surrounding sites. ii. Residential structures, churches, or childcare centers: Within a quarter mile radius of the Brownfields Project there
are residential structures that exist to the north, east, south,
and west of the site. Within 1,000 feet, to the southwest, there is a school located at 121 Hunt Street and a day care located at 215 West
Seminary Street. To the North, within 1,500 feet, there is a
school at 1001 North Street. To the Northeast, within 500 feet, there are two churches, located at 707 and 710 North Mangum Street. To the East, within 1,000 feet, there are two church buildings located on the eastern side of the North
Roxboro Street and Dowd Street intersection. To the
southeast, within 1,000 feet, there is a church located at 600 N Roxboro Street. To the south, within 500 feet, there are two parcels owned by a church, located at 514 and 518 North Mangum Street, a
church within 1,000 feet, located at 414 Cleveland Street, and
a daycare within 1,500 feet, located at 309 North Queen Street. iii. Surface water: There are two unnamed tributaries which
flow to Ellerbe Creek within 1,500 feet, and to the east of, the Brownfields Property. To the south, within a mile of the Brownfields Property, there is an unnamed tributary that
Potential offsite migration
pathways
the Brownfields Property.
Soil Vapor: Soil gas samples collected on the Brownfields

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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:
Duncklee & Dunham, P.C. 6/8/2007
Piedmont Geologic, P.C. 2/20/2007
Duncklee & Dunham, P.C. 8/20/2019
SM&E, Inc. 8/29/2022
Report Brownfields Project Name: N. SM&E, Inc. 11/4/2022

b. Other applicable off-site reports:
TRC Triangle 10/19/2000

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 November 4, 2021, and on

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April 20, 2021, Prospective Developer purchased the Brownfields Property.
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
e. Prospective Developer has complied with all applicable procedural
requirements.
7. The Parties agree that a $30,000 “Redevelopment Now” fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and

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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 Brownfields Property’s productivity;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of approximately 100 construction jobs, 10 permanent property
operation jobs, and 50 additional permanent retail jobs.
d. an increase in tax revenue for affected jurisdictions;
e. additional high-density rental residential, retail, restaurant, recreation,
associated parking, and subject to DEQ’s prior written 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 as embodied in their most current version, including parameters,
principles and policies within which the desired results are to be accomplished are (as to: field
procedures, laboratory testing, Brownfields Redevelopment Section requirements, and remedial
or mitigation measures):

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a. the Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund
Section;
b. the Division of Waste Management Vapor Intrusion Guidance;
c. the Brownfields Redevelopment Section Assessment Work Plan Checklist; and
d. the Brownfields Survey Plat Checklist.
10. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) credit categories incorporated into the U.S. Green Building Council
Leadership in Energy and Environmental Design (LEED) certification program (Integrative
Process, Location and Transportation, Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Innovation, and Regional
Priority), or a similar program.
11. Based on the information in the Environmental Reports, other available reports, and
subject to imposition of and compliance with the land use restrictions set forth below, and
subject to Section XI of this Agreement (DEQ’s Covenant Not to Sue and Reservation of
Rights), DEQ is not requiring Prospective Developer to perform any active remediation at the
Brownfields Property other than remediation that may be required pursuant to a DEQ-approved
Environmental Management Plan (EMP) as specified in subparagraph 12.d. 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

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while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.
Land Uses
a. No use may be made of the Brownfields Property other than high-density rental
residential, retail, restaurant, recreation, associated parking, 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. High-Density Rental Residential is defined as for-rent-only permanent
dwellings where residential units are attached to each other with common walls, such as
apartments, group homes, dormitories or boarding houses, and any property outside the dwelling
structures is usable by all residents and not privately owned as part of a particular unit (e.g.,
privately-owned courtyards are prohibited), and may include related amenities, such as pools,
clubhouses, courtyards, common areas, recreation areas and parking garages. Single family
homes, townhomes, duplexes or other units with yards are prohibited.
ii. Retail is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
open air markets, festivals, food halls, and the sales of food and beverage products, including
from mobile establishments such as food trucks.
iii. Restaurant is defined as a commercial business establishment that
prepares and serves food and beverages, including alcoholic beverages under all applicable local,
state, and federal regulations, to patrons.

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iv. Recreation is defined as indoor and outdoor exercise-related, physically
focused, or leisure-related activities, whether active or passive, and the facilities for same,
including, but not limited to, studios, swimming or wading pools, splash pads, clubhouses,
sports-related courts and fields, open space, greenways, parks, playgrounds, walking paths,
picnic and public gathering areas, campgrounds, boat docks, and marinas.
v. Parking is defined as the temporary accommodation of motor vehicles
in an area designed for same.
vi. Commercial is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee, with the exception of educational space and childcare
facilities. For the purposes of this Agreement, this excludes use as a dry cleaner using
chlorinated solvents or other operation which uses chlorinated solvents.
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 dry cleaning operations using
chlorinated solvents.
Environmental Management Plan
d. Physical redevelopment of the Brownfields Property may not occur other than
in accordance, as determined by DEQ, with an Environmental Management Plan (“EMP”)
approved in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment

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phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. demolition of existing buildings, if applicable;
ii. issues related to known or potential sources of contamination, including
without limitation those resulting from contamination identified in paragraph 3 above;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil-water separators, soil
contamination); and
iv. plans for the proper characterization and DEQ approval of both fill soil
before import to the Brownfields Property and the disposition of all soil excavated from the
Brownfields Property during redevelopment.
Redevelopment Summary Report
e. No later than January 31, 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;

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ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater, or other materials
suspected or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water, or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
Demolition Activities
f. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
in paragraph 16 below shall be in accordance with applicable legal requirements, including
without limitation those related to lead and asbestos abatement that are administered by the
Health Hazards Control Unit within the Division of Public Health of the North Carolina
Department of Health and Human Services.
Groundwater
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

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encountered or exposed during any activity on the Brownfields Property, it shall be managed in
accordance with the DEQ-approved EMP outlined in subparagraph 12.d., 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.d.
i. Unless otherwise approved by DEQ in writing, no use of the Brownfields
Property may occur until the then owner of the Brownfields Property conducts representative
final grade soil sampling, pursuant to a plan approved in writing by DEQ, of any area that is not
covered by building foundations, sidewalks, or asphaltic or concrete parking areas and driveways
of the Brownfields Property as delineated on the plat component of the Notice of Brownfields

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Property referenced in paragraph 16 of this Agreement.
j. 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.d.
Vapor Intrusion
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 until DEQ determines in writing
that:
i. the building is or would be protective of the building’s users and public
health from the risk of vapor intrusion based on site assessment data, or a site-specific risk
assessment approved in writing by DEQ; or
ii. a vapor intrusion mitigation system (VIMS) has been:
1. designed to mitigate the intrusion of subsurface vapors into
building features in accordance with the most recent and applicable DWM Vapor Intrusion
Guidance, Interstate Technology & Regulatory Council (ITRC) guidance, and American
National Standards Institute (ANSI)/American Association of Radon Scientists and
Technologists (AARST) standards, or alternate standards approved in writing in advance by
DEQ and that a professional engineer licensed in North Carolina, as evidenced by said
engineer’s professional seal, is satisfied that the system has been designed so as to be fully
protective of public health within the meaning of NCGS § 130A-310.32 (a)(2), and shall include

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a performance monitoring plan detailing methodologies and schedule, both of which are subject
to prior written DEQ approval; and
2. installed and an installation report is submitted for written DEQ
approval that includes as-built diagrams, photographs, and a description of the installation, with
said engineer’s professional seal confirming that the engineer is satisfied that the system was
installed per the DEQ approved design. If any deviations from the system design were necessary
during installation, then the report shall include details on said deviations, as well as the
engineer’s seal certifying the VIMS, as installed, was installed in such a manner so as to be fully
protective of public health.
Property Access
l. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
Damage to wells
m. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants, shall be responsible for repair of any such wells to DEQ’s written satisfaction and
within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance.

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Notification of Tenants
n. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: “This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Durham County land
records, Book ___________, Page__________.” A copy of any such instrument shall be sent to
the persons listed in Section XVII (Notices and Submissions), though financial figures and other
confidential information related to the conveyance may be redacted to the extent said redactions
comply with the confidentiality and trade secret provisions of the North Carolina Public Records
Law. The owner conveying a leasehold interest may use the following mechanisms to comply
with the obligations of this paragraph: (i) If every lease or rider is identical in form, the owner
conveying an interest may provide DEQ with a copy of a form lease or rider evidencing
compliance with this subparagraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XVII (Notices and Submissions); or (ii) The owner conveying an
interest may provide abstracts of leases, rather than full copies of said leases, to the persons listed
in Section XVII.
Separating Old from New Contamination
o. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement, and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and

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maintenance activities;
ii. in fluids in vehicles;
iii. as constituents of products and materials customarily used and stored
in high-density rental residential, retail, restaurant, recreation, associated parking, and subject to
DEQ’s prior written approval, other commercial environments, provided such products and
materials are stored in original retail packaging and used and disposed of in accordance with
applicable laws.
Land Use Restriction Update
p. During January of each year after the year in which the Notice referenced
below in paragraph 16 is recorded, the owner of any part of the Brownfields Property as of
January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to
DEQ, and to the chief public health and environmental officials of Durham County, certifying
that, as of said January 1st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Durham County Register of Deeds office and that the land
use restrictions are being complied with. If ownership of any portion of the Brownfields Property
is transferred, the grantor shall submit a LURU (as outlined above) which covers the period of
time they owned such portion of the Brownfields Property during the calendar year of the
transfer. The submitted LURU shall state the following:
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

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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.l. above are performing as designed, and whether the uses of the ground
floors, including any tenant renovations, of any buildings containing such vapor barrier and/or
mitigation systems have changed, and, if so, how, and under which precautions so as not to
interfere with the operation of said system.
iv. A LURU submitted for rental units shall include enough of each lease
(or rider or abstract) entered into during the previous calendar year to demonstrate compliance
with lessee notification requirements in paragraphs 17 and 18 of this Agreement.
13. The desired result of the above-referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in this Agreement while fully protecting
public health and the environment.
14. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.

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VIII. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
15. In addition to providing access to the Brownfields Property pursuant to subparagraph
12.l. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
representatives, and all other persons performing response actions under DEQ oversight, access
at all reasonable times to other property controlled by Prospective Developer in connection with
the performance or oversight of any response actions at the Brownfields Property under
applicable law. Such access is to occur after prior notice and using reasonable efforts to
minimize interference with authorized uses of such other property except in response to
emergencies and/or imminent threats to public health and the environment. While Prospective
Developer owns the Brownfields Property, DEQ shall provide reasonable notice to Prospective
Developer of the timing of any response actions to be undertaken by or under the oversight of
DEQ at the Brownfields Property. Except as may be set forth in the Agreement, DEQ retains all
of its authorities and rights, including enforcement authorities related thereto, under the Act and
any other applicable statute or regulation, including any amendments thereto.
16. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property (“Notice”) for the Brownfields Property containing, inter alia, the land use restrictions
set forth in Section VII (Land Use Restrictions) of this Agreement and a survey plat of the
Brownfields Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date
of this Agreement, Prospective Developer shall file the Notice in the Durham County, North
Carolina, Register of Deeds’ Office. Within three (3) days thereafter, Prospective Developer
shall furnish DEQ a copy of the documentary component of the Notice containing a certification
by the register of deeds as to the Book and Page numbers where both the documentary and plat

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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 Durham
County land records, Book ___________, Page ____________.” A copy of any such instrument
shall be sent to the persons listed in Section XVII (Notices and Submissions), though financial
figures and other confidential information related to the conveyance may be redacted to the
extent said redactions comply with the confidentiality and trade secret provisions of the North
Carolina Public Records Law. Prospective Developer may use the following mechanisms to
comply with the obligations of this paragraph: (i) If every lease and rider is identical in form,
Prospective Developer may provide DEQ with copies of a form lease or rider evidencing
compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XVII (Notices and Submissions); or (ii) Prospective Developer may
provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section
XVII.
18. The Prospective Developer shall ensure that a copy of this Agreement is provided to
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

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respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, while Prospective
Developer owns the Brownfields Property, the Prospective Developer shall immediately take all
appropriate action to prevent, abate, or minimize such release or threat of release, shall comply
with any applicable notification requirements under NCGS § 130A-310.1 and 143-215.85,
Section 103 of CERCLA, 42 USC § 9603, and/or any other law, and shall immediately notify the
DEQ Official referenced in subparagraph 31.a. below of any such required notification.
X. CERTIFICATION
20. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated November 4, 2021, and additional information
received February 8, 2022, and February 15, 2022, by which it applied for this Agreement. That
use is that which is provided in paragraph 12.a. of this Agreement. Prospective Developer also
certifies that to the best of its knowledge and belief it has fully and 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

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to the contamination at the Brownfields Property.
XI. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
21. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
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

25

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Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
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

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Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
24. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 21 through 23 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
XII. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
25. In consideration of DEQ’s Covenant Not To Sue in Section XI of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above-referenced Notice of Brownfields Property.
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

27

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and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer’s duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
28. Except for the land use restrictions set forth in paragraph 12 above and NCGS §
130A-310.33(a)(1)-(5)'s provision of the Act's liability protection to certain persons to the same
extent as to a prospective developer, no rights, benefits or obligations conferred or imposed upon
Prospective Developer under this Agreement are conferred or imposed upon any other person.
XV. DOCUMENT RETENTION
29. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
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

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withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XVI. PAYMENT OF ENFORCEMENT COSTS
30. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section VI (Work to be Performed) and Section
VII (Land Use Restrictions), it shall be liable for all litigation and other enforcement costs
incurred by DEQ to enforce this Agreement or otherwise obtain compliance.
XVII. NOTICES AND SUBMISSIONS
31. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information or delivery method, all notices and submissions pursuant to this
Agreement shall be sent by prepaid first-class U.S. mail or courier service, as follows:
a. for DEQ:
Brownfields Property Management Branch (or successor in function) N.C. Division of Waste Management Brownfields Redevelopment Section
Mail Service Center 1646
Raleigh, NC 27699-1646 b. for Prospective Developer: John D. T. Gerber, Manager (or successor in function)
Mangum Street Partners, LLC
1055 Thomas Jefferson Street, NW Suite 210 Washington, DC 20007

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

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claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
35. The Prospective Developer agrees that, with respect to any suit or claim for
contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
36. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XXI. PUBLIC COMMENT
37. This Agreement shall be subject to a public comment period of at least 30 days
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.

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IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By: ____________________________________________________________________________ Bruce Nicholson Date
Chief, Brownfields Redevelopment Section
IT IS SO AGREED:
MANGUM STREET PARTNERS, LLC By: ____________________________________________________________________________ John D. T. Gerber Date Manager
USGS The National Map: National Boundaries Dataset, 3DEP ElevationProgram, Geographic Names Information System, National HydrographyDataset, National Land Cover Database, National Structures Dataset, andNational Transportation Dataset; USGS Global Ecosystems; U.S. CensusBureau TIGER/Line data; USFS Road Data; Natural Earth Data; U.S.Department of State Humanitarian Information Unit; and NOAA NationalCenters for Environmental Information, U.S. Coastal Relief Model. Datarefreshed August, 2021.Subject Property
SCALE:
DATE:
PROJECT NUMBER
FIGURE NO.
11 " = 1,500 '
8-29-22
213673
NORTH MANGUM ST. PROPERTIES II / BF# 20593-21-032GREENHOUSE PROJECT - 601 SOUTH MANGUM STREETDURHAM, DURHAM COUNTY, NORTH CAROLINA
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REFERENCE:GIS BASE LAYERS WERE OBTAINED FROM THE USGS NATIONAL TOPOGRAPHIC BASEMAP.THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYEDARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESSSTATED OTHERWISE.
Exhibit 1
Site

North Mangum Street Properties II/25093-21-032/20240412

1
Exhibit 2 Brownfields Property Name: North Mangum Street Properties II
Brownfields Project Number: 20593-21-032
The following tables set forth, for contaminants present at the Brownfields Property
above unrestricted use standards or screening levels as reported in the Environmental Reports in paragraph 4 of the Brownfields Agreement to which this is an exhibit, the maximum concentration found at each sample location, and the applicable standard or screening level. Screening levels and standards are shown for reference only and are not set forth as cleanup or mitigation levels for purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the standards for which are contained in Title 15A of the North Carolina Administrative Code, Subchapter 2L (2L), Rule .0202, or the 2L Groundwater Interim Maximum Allowable
Concentrations (IMACS) (April 1, 2022 version):
Groundwater Contaminant Sample Location
Date of
Sampling Concentration Exceeding
µ
Standard
(µg/L)
Benzene 1
1,2-Dichloroethane 0.4
Isopropyl ether 70
Naphthalene 6
NSE- No standard established
1The full laboratory report for the 1989 data is not provided in the Report of Phase I Environmental Site
Assessment (Duncklee & Dunham, P.C., June 8, 2007). Therefore, we could not corroborate the data
presented in the summary table; however, these data are included in this Exhibit 2 for documentation
purposes.
2Data from MW-1 (2007) was from a report that was signed but not sealed by a NC Professional
Geologist.

North Mangum Street Properties II/25093-21-032/20240412

2
GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter
(the equivalent of parts per billion), the vapor intrusion screening levels for which are contained
in the Division of Waste Management Vapor Intrusion Guidance, Residential Vapor Intrusion Screening Levels (VISL) (July 2023):
Groundwater
Contaminant with
Potential for Vapor Intrusion
Sample
Location
Date of
Sampling
Concentration Exceeding Screening
Level (µg/L)
Residential VI Screening Level1
(µg/L)
Benzene 1.6
1,2-Dichloroethane 2.2
Diethyl Phthalate NSE
Ethylbenzene 3.5
2-Methylnaphthalene NSE
Naphthalene 4.6
1,2,4-Trimethylbenzene 50
Xylenes, Total 77

North Mangum Street Properties II/25093-21-032/20240412

3
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
2The full laboratory report for the 1989 data is not provided in the Report of Phase I Environmental Site Assessment (Duncklee & Dunham, P.C., June 8, 2007). Therefore, we could not corroborate the data presented in the summary table; however, these data are included in this Exhibit 2 for documentation purposes. 3Data from MW-1 (2007) was from a report that was signed but not sealed by a NC Professional Geologist. NSE – Screening level not established. J – Estimated value between the method detection limit and the laboratory reporting limit

North Mangum Street Properties II/25093-21-032/20240412

4
SOIL Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Residential Health-Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section (July 2023):
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Exceeding
Screening Level
Residential
Screening Level1 (mg/kg)
Arsenic 0.68
Hexavalent Chromium 0.31
Heptane 4.4
p-Isopropyltoluene NSE

North Mangum Street Properties II/25093-21-032/20240412

5

1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. NSE – No screening level established J – Estimated value between the method detection limit and the laboratory reporting limit
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Exceeding
Screening Level
Residential
Screening Level1 (mg/kg)
Naphthalene 2.1

North Mangum Street Properties II/25093-21-032/20240412

6

EXTERIOR SOIL GAS

Exterior soil gas contaminants in micrograms per cubic meter, the screening levels for which are derived from Residential Vapor Intrusion Screening Levels of the Division of Waste Management (July 2023):
Exterior Soil Gas Contaminant

Sample Location Date of Sampling
Exceeding Screening
µ3
Screening Level1
µ3
Benzene 12
Ethanol NSE
4-Ethyltoluene NSE
2,2,4-
Trimethylpentane NSE
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk. 2Prior to sample collection, SG-4 failed the helium leak test three times, and the results may have been affected by infiltrating air into the sample canister along with the collected soil gas. 1. Acetone was detected in every sub-slab sample collected; however, because acetone is a common analytical laboratory introduced compound, the Soil Gas Screening Level (SGSL) for acetone is no longer being published. The most recent Residential SGSL for acetone was 220,000 µg/m3 and none of the detected concentrations exceeded this level. Therefore, acetone data are not summarized on this table, but remain available in the reports related to this property.
SEALL-4204JEFFREY P. WILLIAMS
NORTH CAROLINAPROFESSIONAL
LAND SURVEYOR
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North Mangum Street Properties II/25093-21-032/202400412
EXHIBIT C LEGAL DESCRIPTION Beginning at a point on the southern right of way of Broadway Street; thence S 60°44'54" E a distance of 32.81' to a point, thence S 60°44'51" E a distance of 77.53' to a point; thence S
60°44'52" E a distance of 52.24' to a point; thence S 60°44'52" E a distance of 47.01' to a point;
thence S 60°44'52" E a distance of 84.16' to a point; thence S 34°45'09" W a distance of 65.78' to a point; thence S 34°45'09" W a distance of 57.02' to a point; thence S 34°45'09" W a distance of 67.25' to a point; thence S 34°45'09" W a distance of 58.50' to a point; thence N 58°54':05" W a distance of 134.40' to a point; thence N 58°54'05" W a distance of 45.99' to a point; thence N
58°59'38" W a distance of 40.13' to a point; thence N 58°59'38" W a distance of 37.87' to a
point; thence N 00°03'54" E a distance of 132.70' to a point; thence S 59°27'38" E a distance of 51.41' to a point; thence N 30°00'45" E a distance of 14.24' to a point; thence N 30°00'45" E a distance of 110.28' to a point; which is the point of beginning, having an area of 71,031.28 square feet, 1.6307 acres.