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B to the Notice of B rownfields Pr opert)
--
2 2
VICINITY MAP
(NOT TO SCALE)
,. JOHN A, EDWARDS JR I p LS I certify that thl•
plat waa drawn under my superviaion from an actual survey made
under Ni'>. aupervlelon (deed dncrlption recorded In Book ~ ~ etc.)(other); that the boundarin not aurwyed are clearly
Indicated aa drawn from Information found In Book ..H/A. pove.H.{A.....: that the ratio of preclllon oe calculated I• 1: ....2.0...QQQ_; that this plat
was prepared In accordance with G. S. 47-30 ot amended.
for the purposes of N.C.G.S. 130A-310.35
SEE SHEET 2 Of 2 FOR PROPERTY SURVEY AND DETAILED LDCA TIONS
THE SAMPLE LOCATIONS OR DESIGNATED CONTAMINAlEO AREA{S) ANO T'tPES Of CONTAMINATION DEPICTED HEREON ARE APPROXIMATIONS
DERIVED FROM THE BEST AVAILABLE INFORMATION AT THE TIME Of FlUNG.
NOTES:
1. ALL DISTANCES ARE HORIZONTAL GROUND.
2. ALL DIMENSIONS ARE IN FEET.
3. AREA COMPUTED USING COORDINATE MElHOD FROM MEASURED
FIELD DATA.
4. BASIS OF BEARINGS IS NORlH CAROLINA GRID NORlH,
NAD83(2011). lHE SITE WAS LOCALIZED UTILIZING REAL-TIME
KINEMATIC (RTI<) GLOBAL POSITIONING SYSTEM (GPS) SOLUTIONS
REFERENCING lHE CONTINUOUSLY OPERATING REFERENCE STATION
(CORS) NETWORK BASE STATION NCRD, RALEIGH, NC.
5. HORI ZONAL DATUM IS NAO 83(2011) AND VERTICAL DATUM IS NAVO
88.
6. lHIS SURVEY WAS PREPARED WllHOUT lHE BENEFIT OF A TITLE
REPORT AND MAY BE SUBJECT TO ANY MATTERS lHAT A FULL
TITLE SEARCH WOULD DISCLOSE.
7. LOCATIONS FOR BORE HOLES SCALED FROM REPORT PREPARED BY
lHE El GROUP, INC HAVING PROJECT NO. ENM0140110.011
D This survey creates a subdivision of land within the area of a county or
munlclpallty that has an ordinance that regulates parcels:
D This survey Is located in a portion of a county or municipality that is
unregulated as to an ordinance that regulates parcels of land;
LAND USE RESTRICTIONS
NCGS 130A-310.35(a) requires recordation of a Notice of Brawnflelds Property ("Notice") that identifies any restrictions on the current and future use of a
Brawnfields 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 two components of the Notice pertaining to
the Brownfieids Property depicted on this plat and recorded at the Wake County Register of Deeds' office. The other component of the Notice is a document,
to which the Brownfields Agreement for the subject proper ty is attached as Exhibit A; a reduced version of this survey plot constitutes Exhibit B to that
document. The following Land Use Restrictions, excerpted verbatim from the Notice, 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 Environment and Natural R~sources (or its successor in function), or
his/her designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e):
No use may be made of the Brownfields Property other than for commercial uses including commercial/industrial park development offices, parking,
Warehouses, and light manufocturing without prior written permission of DEQ. For purposes of this restriction, the following definitions apply:
a. ··Commercial· refers to a business enterprise carried on for profit by the owner, lessee or licensee;
b. "Commercial/Industrial Park Development• refers to a form of development characterized by a unified site designed for a variety of commercial and
industrial uses, open space, buffers, and a mix of building types in which flexibility is given to the project planning by allowing for the specific land uses
to be determined as the market need arises;
c. "Office• refers to use of land for wholesale, retail, entertainment or services, including those uses predominantly at street level on multi-functional
structures, plus related contiguous accessory uses such as parking areas and service drives. The term does nr,-! include schools and child care facilities,
but may include adult training and continuing education;
d. ,,arking• refers to the temporary accommodation of motor vehicles in an area designed "ior same;
e. ·warehouse• refers to a commercial building used for storage of goods. Warehouses ore used by manufacturers, importers, exporters, wholesalers, transport
businesses and/or customs operations. They may be large plain buildings in industrial areas of cities and towns and villages. They may hove loading
docks to load and unload goods from trucks, and moy be designed for the loading and unloading of goods direct1y from raiiways, airports, or seaports.
They may have cranes and forklifts for moving goods, which may be placed on lntemotional Organization for Standardization ("ISO") compliant pallets
loaded into pallet racks. Stored goods can Include any raw materials, packing materlols, spare ports, components, or finished goods associated with
agriculture manufocturing and/or production.
f. 1Jght Manufacturing• refers to a use which involves the assembly, fabrication or processing of goods and materials using processes that ordinarily do not
create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or property where •uch assembly, fabrication or processing
takes place, where such processes are housed entirely within a building, and where the area occupied by the outdoor storage of goods and material used
in such processes does not exceed fifty (50) percent of the floor ~rea of ail the buildings on the property. No process water or wastewater may be
generated at a light manufacturing facility.
Witn... my original 9ignature, licenH number and NOi thi•
~day of Dccorobor, A.D., 2015. I
"'"""""""""""~ ~"*''~\\ CARO('''*,~ -~,s
Seal or S!amPf~ ~'i_SS!o,t. ~ ...,w
i'" This survey is of ·an existing parcel or parcels of land;
D This survey is of another category, such as the recombination of existing
parcels, a court-ordered survey, or other exception to the definition of
subdivision;
1. Physical redevelopment of the Brownfieids Property may not occur other than in accord, as determined by the N~rth Carolina Department of Environmental
Quality ("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:
a. soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports;
b. potential sources of the contamination referenced in paragraph 8 of the Brownfields Agreement attached as Exhibit A to the documentary component of
this Notice;
i ~ SEAL ~ ~ 1 &c-2776 ~ r L _ 2776 "= ~ cenoe Mumbir
~"-"" .:,,: ~ .!,
\Q) ~ SUR~\: ~/ (~A L ~
•,. rt £00~~\J ~·' .. ,,,. • :,,.\'I. .,,,,,,, \,,,,, ...
1111111111111111111111\
I, John A. Edwards ,t P L S do hereby certify that the
location af the subject property has been checked
against area maps le Information provided by the Federal
Emergency Monogoment Agenty (F.E.M,A,) for the National
Flood Insurance Program and that the property O la 181 ls
not located In an area designated as having epecla flood
hazards. Property Is located In Zone ·x· as defined by
F.I.R.M Community Panel Number 37200065700J with an
effective date o Ma 2, 2
L-2776 License Number
Decemb« 22, 2015
Date
WAKE COUHTY, HC 28
LAURA ti RIDDICK
REGISTER Of DEEDS
PRESEHTED & RECORDED OH
83/2412816 89:18:32
\1 11111111111111111\
BOOK:BM2816 PAGE:88431
voe GROUND WATER QUALID"
Laboratory analysis of groundwater samples for volatile organic compounds ('VOCs'? disclosed the
presence of 1,2-dichloropropane, 1,2,3-trlchloropropane and trichloroethylene at concentratio.~,: that
exceed the respective groundwater quality standards In ntle 15A, Subchapter 2L of the North ·i..\::'-~,; •• ~
Administrative Code ('i 5A NCAC 2L "). None of the VOC contaminants exceed the non-residential vapor
intrusion screening levels ('NRVISLs'' of DEQ's Division of Waste t.lanagement ('DWIA".). The following table
shows groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the
standards for which are contained in 15A NCAC 2L, Rule .0202 (April 2013 version); or in the 2L
Groundwater Interim Maximum Allowable Concentrations (April 2013 version):
I
Groundwa1er Sample Date of Concentration 2L Standard Exceeding Contaminant • voes Locati on Sampling Standard (µ11/L) (µgL)
l ,2,3-TMW l 7/112014 0.62j 0.005
Trichlotooropane
1,2-Dichloropropant" TMWl 7/11201.4 8.7 0.6
1,2-Dichloropropane t{W-2 7/112014 3.7 0.6
1,2-Dicbloropropane M.\V-3 7/1/2014 0 .93 0.6
'IricWoroethylene M\\'-1 71112014 4 .0 3.0
METALS GROUNDWATER QUALITY
analysis of groundwater samples for metals disclosed the presence of chromium, lead
(total) and mercury at concentrations that exceed or equal the respective 15A NCAC
2L groundwater quality standards, as shown in the following table of metal detections:
Concentrati.on
Groundwater Sample Daie of Equaling or 21 Standard
Contaminant • Metals Location Sampling Exceeding (µg'L)
Standard (u1.t1L)
Chromium TMW1 7'"1/2014 48 10
Chromium M.\V-1 7'1/2014 11 10
Chromium l\{W-2 7}l i2014 29 10
Chromium MW-3 7/LJ201 4 58 10
Chromium MW-4 7ili2014 37 10
Chromium MW-5 711/2014 10 10
Lead TM\V-1 71112014 25 15
Lead MW-2 7/1:2014 22 15
Lead MW-3 711/2014 36 15
Lead M\V-4 7/112014 39 15 -Mercury MW-I 711/2014 4.6 1.0
c. surface soil sampling for any soil areas that are planned to be exposed after the planned development, and subsurface soil sampling, as required by DEQ;
d. contingency plans for addressing newly discovered potential sources of environmental contamination (e.g., tonks, drums, septic drain fields); and
e. plans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated during redeveloprrent.
2. Groundwater at the Brownfieids Property may not be used for ony purpose without the prior written approval of DEQ.
3. No activity that disturbs soils an the Brownfields Property may occur other thon in accordance with the approved EMP. Disturbance of soils not covered
under the approved EMP may not occur until DEQ states in writing, in advance of the proposed activity, that said acti,ity may occur if carried out along
wit!· J1ny measures DEQ deems necessary to ensure the Brownfields Property will be suitable for the uses specified in Land Use Restriction 1 above while
,l>Jlly protecting public health and the environment. This limitation does not apply to mowing and pruning of above-ground vegetation, landscape plantings
-~h<!i do not exceed 24 Inches in depth; and emergency repair of underground infrastructure, If DEQ is given written notice (if only by email) of any such
emergency repair no later than the next business day, and that any related assessment and remedial measures requ·•ed by DEQ ore taken.
4. No new building or building addition., based an the plat component of this Notice may be constructed on the Brownfields Property until DEQ determines in
writing, based on submittal• from the building's or addition's proponent, that the building's users, and public health and the environment, would not be at
risk from the Brownfields Property's volatile contom1nont plume.
5. None of the contaminants known to be present In the environmental media at the Brownfields Property, as described in paragraph 8 of the Brownfields
Agreement attached as Exhibit A ta the documentary component of this Notice and as modified by DEQ in writing if additional contaminants in excess of
applicable standards are discovered at the Brownfleids Property, may be used or stored at the Brownfields Property without the prior written approval of
DEQ, except:
a. in de minimis amounts for cleaning and other routine housekeeping activities;
b. as constituents of fuels, lubricants and oils in emergency generators, machinery, equipment and vehicles in on-board tanks integral to said items or in
flammable liquid storage containers with capacities no greater than 25 gallons; and/or
c. as constituents of products and materials customarily used or stored in offices, parking, warehouse and/or light manufacturing environments, provided such
products and materials ore used, stored, and disposed of in accordance with applicable laws and regulations.
6. The Brownfields Property may not be used for agriculture or grazing, without the prior written approval of DEQ.
7. The Brownfields Property may not be used as a playground, or for child care centers or schools, without the prior written approval of DEQ.
B. The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged by such
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.
9. 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 ~'" 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.
10. Any deed or other instrument conveying an interest in the Brawnfields Property shall contain the following notice, with the blanks filled in: "The property
which is the subject of this instrument is subject to the Brownfields Agreement attached as Exhibit A to the No.tice of Brownfields Property recorded In
the Wake County land records, Book _ Page _" A copy of any such instrument shall be sent to the persons listed in Section XV (Notices and
Submissions) of Exhibit A hereto, though financial figures related to the conveyance may be redacted. If DEQ issues prior, written approval, an owner
may use the following mechanisms to comply with the obligations of this paragraph, subject to the terms and conditions that DEQ may establish in such
approval: 1) If every lease and/or rider is identical in form, the owner may provide 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 XV (Notices and Submissions) of Exhibit A hereto; and 2)
the owner may provide abstracts of leases, rather than full copies of said leases, to the persons listed In Section XV (Notices and Submissions) of the
Brownfields Agreement attached as Ex',ibit A to the documentary component of this Notice.
11 During January of each year after the year in which the Notice is recorded, the owner of any port of the Brownfields Property as of January 1st of that
year (or owner's representative authorized in writing to act on the owner's behalf) shall submit a notarized Land Use Restrictions Update ('1..URU") to DEQ,
and to the chief public health and environmental officials of Wake County, certifying that, as of said January 1st, ,he Notice of Brown fields Property
containing these land use restrictions remains recorded at the Wake County Register of Deeds office and that the land use restrictions ore being complied
with, and stating:
a. the name, mailing address, telephone and facsimile numbers, and contact person's e-mail address of the owner su' ,mitting the LURU if said owner acquired
any part of the Brownfields Property in fee during the previous calendar year; and
O. the transferee's name, moiling address, telephone and facsimile numbers, and contact person's e-mail address, if :aid owner transferred any port of the
Brownfields Property in fee during the previous calendar year.
•or purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ official refer~nced in paragraph 34.a. of Exhibit A to the
documentary component of this Notice, at the address stated therein.
RECORDED IN BOOK OF MAPS 2016 PAGE _L/...:...=j -L-J _WAKE COUNTY RE ""ISTRY
----------- -- - --- ---- --- -- --- --
DATE REVISION BY
JOHN A. EDWARDS & COPl.~ANY
Consulting Engineers
NC License F-0289
333 Wade Ave., Raleigh, N.C. 27605
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
SCALE: DATE: SURVEY FOR:
NO SCALE 12-22-2015 C & C PROPERTY HOLDINGS LLC
FLO. BK. & PAGE DRAWN BY: 201 DICKENS K0 1\.D
ZCS/CLP
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JAE JR. SURVEY PLAT -EXHIBIT B to the l'.otice of Brpwnfields Property
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