20094 Belmont Dyers NBP Package for PC 20170824

20094-16-036/Former Belmont Dyers (August 23, 2017 Approval for PC)
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Property Owner: Aberfoyle LLC
Recorded in Book ____, Page ____
Associated plat recorded in Plat Book ____, Page ____

NOTICE OF BROWNFIELDS PROPERTY
Site Name: Former Belmont Dyers
Brownfields Project Number: 20094-16-036

This documentary component of a Notice of Brownfields Property (“Notice”), as well as the plat
component, have been filed this _____ day of __________________, 201__ by Aberfoyle LLC
(“Prospective Developer”).

This Notice concerns contaminated property.

A copy of this Notice certified by the North Carolina Department of Environmental Quality
(“DEQ”) is required to be filed in the Register of Deeds’ Office in the county or counties in which the
land is located, pursuant to North Carolina General Statutes (“NCGS”), § 130A-310.35(b).

This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate the danger to
public health or the environment posed by environmental contamination at a property (“Brownfields
Property”) being addressed under the Brownfields Property Reuse Act of 1997, NCGS § 130A, Article 9,
Part 5 (“Act”).

Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified copy of this
Notice within 15 days of Prospective Developer’s receipt of DEQ’s approval of the Notice or Prospective
Developer’s entry into the Brownfields Agreement required by the Act, whichever is later. The copy of
the Notice certified by DEQ must be recorded in the grantor index under the names of the owners of the
land and, if Prospective Developer is not the owner, also under the Prospective Developer’s name.

The Brownfields Property is located at 18 Linestowe Drive, Belmont, Gaston County, North Carolina
(Parcel IDs 126388 and 126390). The Brownfields Property is 12.884 acres and it contains an office building
formerly occupied by the former Belmont Dyers facility. Former textile operations at the Brownfields Property
consisted of yarn mercerizing, bleaching, and dyeing. The Prospective Developer intends to develop the
property for high density residential, open space, parking, recreation, and with prior written DEQ approval,
other commercial uses. The Brownfields Property is primarily surrounded by land in residential use, with the
Catawba River on its southeastern border. Groundwater, soil, and soil vapor are contaminated at the
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Brownfields Property due to historical activities.

The Brownfields Agreement between Prospective Developer and DEQ is attached hereto as
Exhibit A. It 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, and is required by NCGS § 130A-310.32. The
Brownfields Agreement’s Exhibit 2 consists of one or more data tables reflecting the concentrations of
and other information regarding the Property’s regulated substances and contaminants.

Attached as Exhibit B to this Notice is a reduction, to 8 1/2" x 11", 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 restrictions are hereby imposed on the Brownfields Property, and are as follows:

1. No use may be made of the Brownfields Property other than for high density residential, open
space, parking, recreation, and with prior written DEQ approval, other commercial uses. For purposes
of this restriction, the following definitions apply:

a. “High Density Residential” defined as permanent dwellings where residential units are
attached to each other with common walls, such as condominia, apartments, townhomes, 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 (with the exception of privately owned or
inhabited townhome yard areas, which are permitted under this Agreement), and shall include related
amenities, such as pools, clubhouses, leasing offices, courtyards, common areas, recreation areas and
parking garages.

b. “Parking” defined as the temporary accommodation of motor vehicles in an area
designed for same.
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c. “Open Space” defined as land maintained in a natural or landscaped state and used for
natural resource protection, buffers, greenways, detention facilities for stormwater.

d. “Recreation” 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 pools, sports-related courts and fields, open space, greenways, parks, playgrounds,
dog parks, walking paths, and picnic and public gathering areas.

e. “Commercial” defined as an enterprise carried on for profit or nonprofit by the owner,
lessee or licensee.

2. Groundwater at the Brownfields Property may not be used for any purpose without the prior
written approval of DEQ.

3. Physical redevelopment of the Brownfields Property may not occur other than in accord, as
determined by DEQ, with an Environmental Management Plan (“EMP”) approved in writing by DEQ in
advance (and revised to DEQ’s written satisfaction prior to each subsequent redevelopment phase) that is
consistent with all the other land use restrictions and describes redevelopment activities at the
Brownfields Property, the timing of redevelopment phases, and addresses health, safety and
environmental issues that may arise from use of the Brownfields Property during construction or
redevelopment in any other form, including without limitation:

a. soil and water management issues, including without limitation those resulting from
contamination identified in the Environmental Reports;

b. issues related to potential sources of contamination referenced in Exhibit 2 of the
attached Exhibit A.

c. 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

d. plans for the proper characterization of, and, as necessary, disposal of contaminated
soils excavated during redevelopment;

4. Unless otherwise approved by DEQ in writing after results of post grade soil sampling are
received per paragraph 16 of the attached Exhibit A, 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 Land Use Restriction No. 1 above while
fully protecting public health and the environment, except:

a. in connection with landscape planting to depths not exceeding 24”;

b. mowing and pruning of above-ground vegetation;

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c. 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;

d. in connection to work conducted in accordance with a DEQ-approved Environmental
Management Plan (EMP) as outlined in Land Use Restriction No. 3.

5. 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 Land Use Restriction No. 3.

6. No enclosed building may be constructed on the Brownfields Property and no existing building,
defined as those depicted on the plat component of this Notice, may be occupied until DEQ determines in
writing that:

a. the building is or would be protective of the building’s users, public health and the
environment from risk of vapor intrusion based on Brownfields Property assessment data or a site-
specific risk assessment approved in writing by DEQ; or

b. the building is or would be sufficiently distant from the Brownfields Property’s
groundwater and/or soil contamination based on assessment data approved in writing by DEQ that the
building’s users, public health and the environment will be protected from risk from vapor intrusion
related to said contamination; or

c. vapor intrusion mitigation measures are installed and/or implemented to the satisfaction
of a professional engineer licensed in North Carolina, as evidenced by said engineer’s professional seal on
a report that includes photographs and a description of the installation and performance of said
measures. Any design specification for vapor intrusion mitigation measures shall be approved in writing
by DEQ in advance of installation and/or implementation of said measures. The design specifications
shall include methodology(ies) for demonstrating performance of said measures.

7. As part of the Land Use Restriction Update described in Land Use Restriction No. 12 for each
year after the year in which this Notice is recorded, 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:

a. actions taken on the Brownfields Property in accordance with Section V: Work to be
Performed of the attached Exhibit A;

b. soil grading and cut and fill actions;

c. methodology(ies) employed for field screening, sampling and laboratory analysis of
environmental media;

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d. 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

e. 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).

8. 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.

9. 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 Gaston 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
the attached Exhibit A, 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 an interest may use
the following mechanisms to comply with the obligations of this paragraph: (i) If every lease and rider is
identical in form, the owner conveying an interest may provide DEQ with copies of a form lease or rider
evidencing compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the
persons listed in Section XV (Notice and Submissions) of the attached Exhibit A; 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 XV of the attached Exhibit A.

10. 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.

11. During January of each year after the year in which this Notice 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
Gaston County, certifying that, as of said January 1st, the Notice of Brownfields Property containing
these land use restrictions remains recorded at the Gaston County Register of Deeds office and that the
land use restrictions are being complied with. The submitted LURU shall state the following:

a. the name, mailing address, telephone and facsimile numbers, and contact person’s e-
mail address of the owner submitting the LURU if said owner acquired any part of the Brownfields
Property during the previous calendar year;

b. the transferee’s name, mailing address, telephone and facsimile numbers, and contact
person’s e-mail address, if said owner transferred any part of the Brownfields Property during the
previous calendar year;
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c. whether any vapor barrier and/or mitigation systems installed pursuant to Land Use
Restriction No. 6 are performing as designed, and whether the uses of the ground floors of any buildings
containing such vapor barrier and/or mitigation systems have changed, and, if so, how.

d. LURU’s submitted for any portion of the Brownfields Property that contains rental
units shall include a list of tenants and their addresses.

e. A LURU submitted for rental units shall include the rent roll and enough of each lease
entered into during the previous calendar year to demonstrate compliance with lessee notification
requirements in paragraphs 24 and 25 of the attached Exhibit A provided that if standard form leases
are used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual
leases.

f. A property owners’ association or other entity may perform this LURU’s duties, on
behalf of some or all owners of the Brownfields Property, if said association or entity has accepted
responsibility for such performance pursuant to a notarized instrument satisfactory to DEQ that includes
at a minimum, the name, mailing address, telephone and facsimile numbers, and e-mail address of each
owner on whose behalf the LURU is proposed to be submitted.

For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ
official referenced in paragraph 37.a of the attached 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 _______________, 201__.

Aberfoyle LLC

By: __________________________________________
C. Jason McArthur
President

NORTH CAROLINA
GASTON COUNTY

I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated: ________________________________.

Date: ___________________ ___________________________________
Official Signature of Notary

___________________________________
Notary’s printed or typed name, Notary Public
(Official Seal) My commission expires: _____________________

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ACKNOWLEDGMENT OF PROPERTY OWNER

As the current owner, or representative of said owner, of at least part of the Brownfields Property, I
hereby acknowledge recordation of this Notice of Brownfields Property and the Land Use Restrictions
contained herein.

The Metropolitan Group, Inc.

By: _____________________________________________ ________________________
Name typed or printed: Date

NORTH CAROLINA
GASTON COUNTY

I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated: ________________________________.
Date: ___________________ ___________________________________
Official Signature of Notary

___________________________________
Notary’s printed or typed name, Notary Public
(Official Seal) My commission expires: _____________________

20094-16-036/Former Belmont Dyers (August 23, 2017Approval to PC) 9
************************************
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: _________________________________________ ________________________
Michael E. Scott Date
Director, Division of Waste Management

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Project no. 20094-16-036/ Former Belmont Dyers (August 23, 2017 Approval to PC)

EXHIBIT A

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY

IN THE MATTER OF: Aberfoyle LLC

UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Former Belmont Dyers
OF 1997, NCGS § 130A-310.30, et seq. ) 18 Linestowe Drive
Brownfields Project # 20094-16-036 ) Belmont, Gaston County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and Aberfoyle 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 18 Linestowe Drive, Belmont, Gaston County (the
“Brownfields Property”). A map showing the location of the Brownfields Property that is the
subject of this Agreement is attached hereto as Exhibit 1.
Aberfoyle LLC is a North Carolina Limited Liability Company that was formed on
September 29, 2016. Its registered agent is Jason McArthur and its business address is 338 S.
Sharon Amity Road, Suite 510, Charlotte, NC 28211. The Brownfields Property is
approximately 12.884 acres in size and it contains an office building formerly occupied by a dye
manufacturer. Ownership of the Brownfields Property was transferred from Meridian Industries
to The Metropolitan Group, Inc., which currently owns the Brownfields Property, on September
11, 2006. All above ground structures, other than the office building, were previously
demolished by The Metropolitan Group, Inc. Aberfoyle LLC intends to redevelop the
Brownfields Property for high density residential, open space, parking, recreation, and with prior

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written DEQ approval, other commercial uses. The Brownfields Property is primarily surrounded
by land in residential use, with the Catawba River on its southeastern border. Groundwater, soil
and soil vapor are contaminated at the Brownfields Property due to historical activities
conducted thereon.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section VIII (Certification), Section IX (DEQ’s Covenant Not to Sue
and Reservation of Rights) and Section X (Prospective Developer’s Covenant Not to Sue), the
potential liability of Aberfoyle LLC for contaminants at the Brownfields Property.
The Parties agree that Aberfoyle LLC’s entry into this Agreement, and the actions
undertaken by Aberfoyle LLC in accordance with the Agreement, do not constitute an admission
of any liability by Aberfoyle LLC for contaminants at the Brownfields Property. The resolution
of this potential liability, in exchange for the benefit Aberfoyle 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 Aberfoyle LLC.

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III. STATEMENT OF FACTS
3. The Brownfields Property comprises two parcels (Gaston County Parcel IDs 126388
and 126390) totaling approximately 12.884 acres. Prospective Developer has committed itself to
redevelopment for no uses other than high density residential, open space, parking, recreation
and with prior written DEQ approval, other commercial uses.
4. The Brownfields Property is bordered to the north by land used for single family
residences; to the east by land used for single family residences, the City of Belmont Pump
Station, and the Catawba River; to the south by River Drive and land used for low and high
density residential uses; and to the west by Linestowe Drive and land used for single family
residences.
5. Prospective Developer obtained or commissioned the following reports, referred to
hereinafter as the “Environmental Reports,” regarding the Brownfields Property:
Title Prepared by Date of Report
Report of Preliminary Environmental Site
Assessment, Former Belmont Dyers Company
Site
RMT, Inc. June 7, 1990
Environmental Phase II Assessment, Belmont
Dyers Facility, Belmont, North Carolina
Westinghouse
Environmental &
Geotechnical
Services, Inc.
July 16, 1991
Report of Limited Environmental Services,
Belmont Dyers Site
Mid-Atlantic
Associates, Inc.
October 11, 2004
Site Activities Report, Belmont Dyers
Company Site
Mid-Atlantic
Associates, Inc.
July 14, 2005
Site Activities Report, Belmont Dyers
Company Site
Mid-Atlantic
Associates, Inc.
November, 2, 2005
Corrective Action Plan Based on the Natural
Processes of Degradation and Attenuation of
Contaminants, Belmont Dyers Company Site
Delta Environmental
Consultants, Inc.
February 13, 2006
Semi-Annual Groundwater Sampling Report,
November 2006, Former Belmont Dyers
Leonhardt
Environmental, PC
December 30, 2006

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Title Prepared by Date of Report
Company Site
Annual Groundwater Sampling Report, May
and November 2007, Former Belmont Dyers
Company Site
Leonhardt
Environmental, PC
January 4, 2008
Groundwater Sampling Report, January 2009,
Former Belmont Dyers Company Site
Leonhardt
Environmental, PC
March 3, 2009
Groundwater Sampling Report, July 2009,
Former Belmont Dyers Company Site
Leonhardt
Environmental, PC
August 12, 2009
Site Activities Report, Former Belmont Dyers
Site
Mid-Atlantic
Associates, Inc.
June 29, 2016
Phase I ESA, Former Belmont Dyers Facility Hart & Hickman, PC October 26, 2016
Brownfield Limited Soil Assessment Report,
Former Belmont Dyers
Hart & Hickman, PC February 16, 2017
Brownfield Assessment Report, Former
Belmont Dyers
Hart & Hickman June 12, 2017
Brownfield Additional Assessment Report,
Former Belmont Dyers
Hart & Hickman July 21, 2017

6. For purposes of this Agreement, DEQ relies on the following representations by
Prospective Developer as to use and ownership of the Brownfields Property:
a. The Brownfields Property was developed with a textile mill prior to 1929. At
that time, the Brownfields Property contained a main production building, a boiler building, an
attached warehouse, caustic and sulfuric acid above ground storage tanks, gasoline underground
storage tanks (USTs), a detached warehouse, and the current office building. Two railroad spurs
serviced operations conducted at the Brownfield Property until the mid-1960s. An addition to the
dye house was completed by 1965. Former textile operations at the Brownfields Property
consisted of yarn mercerizing, bleaching, and dyeing.
b. The Brownfields Property was occupied by the Belmont Processing Company
until the mid-1940s, at which time Aberfoyle Manufacturing Company took over operations at
the Brownfields Property. The Brownfields Property was operated by Belmont Dyers Company

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from the mid-1970s until 2003. Meridian Specialty Yarn Group, Inc. (Meridian), a division of
Meridian Industries, Inc., obtained the Brownfields Property through the acquisition of Belmont
Dyers Company in June 1990. During this time period, Michelle Textiles also operated in a
portion of the building. The former main production building and former dye house contained
textile bleaching and dyeing operations that began in late 1920s and continued through closure of
the mill in 2003. The former mill buildings were idle from 2003 until being razed beginning in
mid-2007, and the Brownfields Property has remained vacant since that time.
c. The Brownfields Property is currently owned by The Metropolitan Group, Inc.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. Soil and groundwater assessments were conducted at the Brownfields Property
from 1991 to 2017. Results of soil assessments indicate the presence of semi-volatile organic
compounds (SVOCs), metals, low level pesticides, and volatile organic compounds (VOCs) in
shallow soil at the Brownfields Property. Results of groundwater assessments indicate that
groundwater impacts (primarily tetrachloroethylene, or “PCE”) are present in the central,
southern, and eastern portions of the Brownfields Property at concentrations exceeding the North
Carolina groundwater quality standards set forth at 15A NCAC 02L .0101 et seq. Sampling
results that exceed their respective applicable standard and/or screening levels are summarized in
Exhibit 2 to this Agreement.
b. Based on the results of the most recent groundwater sampling event conducted
in March 2016, groundwater contamination may have migrated off-site to the south and
southeast of the Brownfields Property.

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c. Analytical results from the March 2016 groundwater sampling event identified
concentrations of PCE, 1,2,4-trichlorobenzene, and 1,4-dichlorobenzene at concentrations
exceeding North Carolina residential and non-residential vapor intrusion screening levels in the
southern and eastern portions of the Brownfields Property. Assessment and remediation at the
Brownfields Property are currently being conducted by the Responsible Party Meridian pursuant
to a voluntary Administrative Agreement (AA) with the DEQ Inactive Hazardous Sites Branch
(IHSB) Registered Environmental Consultant (REC) program under Site ID No.
NONCD0001335.
d. A fuel oil line associated with the 5,000-gallon fuel oil aboveground storage
tank (AST) was ruptured on February 6, 2007 during demolition activities resulting in a release
of fuel oil. The oil entered a stormwater drain and discharged into the Catawba River east of the
Brownfields Property. Because the discharge of oil to the Catawba River violated the Clean
Water Act, the United States Environmental Protection Agency (US EPA) oversaw the
assessment and remediation of the incident (FPN# E07408). Impacted soil was subsequently
excavated and transported to an off-site permitted facility for disposal. No reports have been
provided documenting results from assessment or remediation activities related to the incident.
e. Historic Sanborn Fire Insurance maps from the 1920s through 1940s indicate
the presence of three gasoline USTs located near the southeast corner of the former
manufacturing building. A 1990 environmental assessment report identified one gasoline UST
and one spent dye liquor UST at the Brownfields Property. It is unclear from available reports
whether the USTs have been closed and/or removed.

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f. In November 2016, a limited soil assessment was conducted at the Brownfields
Property. Results from the assessment disclosed that select SVOC compounds, arsenic, and
manganese detected in soil exceeded the Inactive Hazardous Sites Branch Preliminary Soil
Remediation Goals for unrestricted use.
g. Soil gas assessments were conducted at the Brownfields Property in May and
June 2017. Results from the assessments showed that VOCs (primarily tetrachloroethylene)
detected in the central, southeastern, and southern portions of the Brownfields Property exceeded
their respective Division of Waste Management Residential Vapor Intrusion Screening Levels.
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on June 20, 2017. The tables set forth in Exhibit 2 to this
Agreement present contaminants present at the Brownfields Property above applicable standards
or screening levels for each media sampled.
9. 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 December 7, 2016, and
contracting to purchase the Brownfields Property on September 16, 2016.
10. 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

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Project no. 20094-16-036/ Former Belmont Dyers (August 23, 2017 Approval to PC)
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.
11. The Parties agree that a $30,000 “Redevelopment Now” fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a
change is sought to a Brownfields document after it is in effect, in which case there shall be an
additional fee of at least $1,000.
IV. BENEFIT TO COMMUNITY
12. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:

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a. a return to productive use of the Brownfields Property;
b. provide positive social impacts on the surrounding residential and business
communities;
c. spur additional development and investment in the community, resulting in
further tax base and employment opportunities;
d. an increase in tax revenue for affected jurisdictions;
e. additional residential housing; and
f. “smart growth” through use of land in an already developed area, which avoids
development of land beyond the urban fringe (“greenfields”).

V. WORK TO BE PERFORMED
13. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) areas incorporated into the U.S. Green Building Council Leadership in Energy
and Environmental Design certification program (Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Locations & Linkages,
Awareness & Education, Innovation in Design and Regional Priority), or a similar program.
14. Based on the information in the Environmental Reports, and subject to imposition of
and compliance with the land use restrictions set forth below, and subject to Section IX 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).

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15. Prior to the occupancy of any dwelling to be constructed on any portion of the
Brownfields Property which is subject to governance by a homeowners’ association, a lot
owners’ association, or similar entity (a “Property Association”), the Prospective Developer shall
cause that portion of the Brownfields Property (referred to in this paragraph as a “HOA subject
property”) to be subject to a declaration of covenants, conditions, and restrictions, or a
functionally equivalent instrument recorded or to be recorded in the Gaston County Public
Registry (the "Declaration"), and shall also establish a Property Association consistent with the
Declaration and ensuring that such a Property Association is initialized with cash reserves
consistent with paragraph 15.e. below.
a. The Declaration shall provide that all owners of the HOA subject property shall
strictly comply with the terms and conditions of this Agreement and the Notice of Brownfields
Property referenced below in paragraph 22.
b. For the purposes of N.C.G.S. §130A-310.35(f), which authorizes various persons to
enforce land use restrictions, the Declaration shall provide that the Property Association is such a
person so authorized by the Act to administer and enforce the land use restrictions as an owner of
land and as a person eligible for liability protection pursuant to the Act. Further, the Declaration
shall provide that the Property Association has the authority to administer and enforce the land
use restrictions on behalf of all lot owners and members of the Property Association.
c. The Declaration shall give the Property Association the authority, to the extent
permissible under North Carolina law, to treat any violation of the terms and conditions of this
Agreement or of the Notice of Brownfields Property by any owner of the HOA subject property
as a violation of the Declaration and to undertake any and all enforcement remedies provided in

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the Declaration for such a violation. The Declaration shall provide that, in the event a violation
of this Agreement or the Notice of Brownfields Property by any owner of the HOA subject
property becomes known to the Property Association, the Property Association will undertake
reasonable enforcement actions to correct said violations. Furthermore, the Declaration shall
specifically provide that failure by any owner of the HOA subject property to remedy or correct
such violations of this Agreement and the Notice of Brownfields Property after any applicable
notice and cure periods to the reasonable satisfaction of DEQ could result in that owner's loss of
liability protection afforded by this Agreement and the Act.
d. The Declaration shall provide that the Property Association will notify DEQ of
violations of this Agreement or the Notice of Brownfields Property by any owner of the HOA
subject property and any associated enforcement actions taken or planned within thirty (30) days
of such violation becoming known to the Property Association.
e. The Declaration shall provide that the Property Association maintain a cash reserve
dedicated for use in administering and enforcing the land use restrictions. The cash reserve shall
be not less than Two Thousand Five Hundred Dollars ($5,000.00), and the cash reserve may be
used for administering and enforcing the Brownfields Property land use restrictions, including,
but not limited to, legal expenses.
f. The portions of the Declaration pertaining to the subject matter of this Paragraph 15
shall be submitted to DEQ for review and comment as to the subject matter of this Paragraph 15,
and shall be deemed approved if DEQ does not respond to such submittal within fifteen (15)
business days.
g. The Declaration shall further provide that the Property Association shall be provided

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the authority for submitting copies of deeds and other instruments of conveyance pertaining to
the HOA subject property to the persons listed in Section XV (Notices and Submissions) of this
Agreement in accordance with subparagraph 17.i. below.
16. No use of the Brownfields Property may occur until the Prospective Developer of the
Brownfields Property conducts representative final grade soil sampling pursuant to a plan
approved in writing by DEQ of any area of the Brownfields Property that is not covered by
building foundations, sidewalks, or asphaltic or concrete parking areas and driveways unless
otherwise approved in writing by DEQ in advance.
17. By way of the Notice of Brownfields Property referenced below in paragraph 22,
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. All references to DEQ shall be
understood to include any successor in function.
a. No use may be made of the Brownfields Property other than for high density
residential, open space, parking, recreation, and with prior written DEQ approval, other
commercial uses. For purposes of this restriction, the following definitions apply:
i. “High Density Residential” defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
townhomes, 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 (with the
exception of privately owned or inhabited townhome yard areas, which are permitted under this
Agreement), and shall include related amenities, such as pools, clubhouses, leasing offices,

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courtyards, common areas, recreation areas and parking garages.
ii. “Parking” defined as the temporary accommodation of motor vehicles
in an area designed for same.
iii. “Open Space” defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, detention facilities for
stormwater, or similar purposes.
iv. “Recreation” 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 pools, sports-related courts and fields,
open space, greenways, parks, playgrounds, dog parks, walking paths, and picnic and public
gathering areas.
v. “Commercial” defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ.
c. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved
in writing by DEQ in advance (and revised to DEQ’s written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without

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limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in
Exhibit 2.
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 of, and, as necessary, disposal of
contaminated soils excavated during redevelopment;
d. Unless otherwise approved by DEQ in writing after results of post grade soil
sampling are received per paragraph 16, 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 17.a.
above while fully protecting public health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24”;
ii. mowing and pruning of above-ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any

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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 17.c.
e. 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 17.c.
f. 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 22 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building’s users, public
health and the environment from risk of vapor intrusion based on Brownfields Property
assessment data or a site-specific risk assessment approved in writing by DEQ; or
ii. the building is or would be sufficiently distant from the Brownfields
Property’s groundwater and/or soil contamination based on assessment data approved in writing
by DEQ that the building’s users, public health and the environment will be protected from risk
from vapor intrusion related to said contamination; or
iii. vapor intrusion mitigation measures are installed and/or implemented
to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said
engineer’s professional seal on a report that includes photographs and a description of the
installation and performance of said measures. Any design specification for vapor intrusion
mitigation measures shall be approved in writing by DEQ in advance of installation and/or

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implementation of said measures. The design specifications shall include methodology(ies) for
demonstrating performance of said measures.
g. As part of the Land Use Restriction Update described below in paragraph
17.k for each year after the year in which the Notice referenced below in Paragraph 22 is
recorded, 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
V: Work to be Performed above;
ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected
or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
h. 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

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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.
i. 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 Gaston County land
records, Book ____, Page ____.” A copy of any such instrument shall be sent to the persons
listed in Section XV (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 an interest may use the following mechanisms to comply with the obligations
of this paragraph: (i) If every lease and rider is identical in form, the owner conveying an
interest may provide DEQ with copies of a form lease or rider evidencing compliance with this
paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section
XV (Notice 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 XV.
j. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants shall be responsible for repair of any such wells to DEQ’s written satisfaction and
within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance.
k. During January of each year after the year in which the Notice referenced

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below in paragraph 22 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 Gaston County, certifying
that, as of said January 1st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Gaston County Register of Deeds office and that the land use
restrictions are being complied with. The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact
person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the
Brownfields Property during the previous calendar year;
ii. the transferee’s name, mailing address, telephone and facsimile
numbers, and contact person’s e-mail address, if said owner 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 17.f. above are performing as designed, and whether the uses of the ground
floors of any buildings containing such vapor barrier and/or mitigation systems have changed,
and, if so, how.
iv. LURU’s submitted for any portion of the Brownfields Property that
contains rental units shall include a list of tenants and their addresses.
v. A LURU submitted for rental units shall include the rent roll and
enough of each lease entered into during the previous calendar year to demonstrate compliance
with lessee notification requirements in paragraphs 24 and 25 of this agreement provided that if
standard form leases are used in every instance, a copy of such standard form lease may be sent

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in lieu of copies of actual leases.
vi. A property owners’ association or other entity may perform this
LURU’s duties, on behalf of some or all owners of the Brownfields Property, if said association
or entity has accepted responsibility for such performance pursuant to a notarized instrument
satisfactory to DEQ that includes at a minimum, the name, mailing address, telephone and
facsimile numbers, and e-mail address of each owner on whose behalf the LURU is proposed to
be submitted.
18. The desired result of the above-referenced land use restrictions is to make the
Brownfields Property suitable for the uses specified in the Agreement while fully protecting
public health and the environment.
19. The guidelines, including parameters, principles and policies within which the
desired results are to be accomplished are, as to field procedures and laboratory testing, the
Guidelines of the Inactive Hazardous Sites Branch of DEQ’s Superfund Section and the Division
of Waste Management Vapor Intrusion Guidance, as embodied in their most current version.
20. 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.
VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
21. In addition to providing access to the Brownfields Property pursuant to subparagraph
17.h. above, Prospective Developer shall provide DEQ, its authorized officers, employees,

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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.
22. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property for the Brownfields Property containing, inter alia, the land use restrictions set forth in
Section V (Work to Be Performed) of this Agreement and a survey plat of the Brownfields
Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date of this
Agreement, Prospective Developer shall file the Notice of Brownfields Property in the Gaston
County, North Carolina, Register of Deeds’ Office. Within three (3) business days thereafter,
Prospective Developer shall furnish DEQ a copy of the documentary component of the Notice
containing a certification by the register of deeds as to the Book and Page numbers where both
the documentary and plat components of the Notice are recorded, and a copy of the plat with
notations indicating its recordation.
23. This Agreement shall be attached as Exhibit A to the Notice of Brownfields

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Property. 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 Gaston County land records, Book ____, Page ____.” A copy of any such
instrument shall be sent to the persons listed in Section XV (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 XV (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
XV.
24. 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.
VII. DUE CARE/COOPERATION
25. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields

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Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in paragraph 37.a. below of
any such required notification.
VIII. CERTIFICATION
26. 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 December 7, 2016 by which it applied for this
Agreement. That use is high density residential, open space, parking, recreation, and with prior
written DEQ approval, other commercial uses. Prospective Developer also certifies that to the
best of its knowledge and belief it has fully and accurately disclosed to DEQ all information
known to Prospective Developer and all information in the possession or control of its officers,
directors, employees, contractors and agents which relates in any way to any past use of
regulated substances or known contaminants at the Brownfields Property and to its qualification
for this Agreement, including the requirement that it not have caused or contributed to the
contamination at the Brownfields Property.
IX. DEQ’S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
27. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,

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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
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,

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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.
28. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
29. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
30. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 27 through 28 above apply to all of the persons listed in

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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.
X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
31. In consideration of DEQ’s Covenant Not To Sue in Section IX 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.
XI. PARTIES BOUND
32. 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.
XII. DISCLAIMER
33. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer’s duty to seek applicable permits or of the provisions of NCGS

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§ 130A-310.37.
34. Except for the land use restrictions set forth in paragraph 17 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.
XIII. DOCUMENT RETENTION
35. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from

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disclosure of such documents as confidential business information.
XIV. PAYMENT OF ENFORCEMENT COSTS
36. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section V (Work to be Performed), it shall be
liable for all litigation and other enforcement costs incurred by DEQ to enforce this Agreement
or otherwise obtain compliance.
XV. NOTICES AND SUBMISSIONS
37. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information, all notices and submissions pursuant to this Agreement shall be
sent by prepaid first class U.S. mail, as follows:
a. for DEQ:
William Schmithorst (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646

b. for Prospective Developer:

C. Jason McArthur
Aberfoyle LLC
338 S. Sharon Amity Road, Suite 510
Charlotte, NC 28211

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.

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XVI. EFFECTIVE DATE
38. 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 N.C.G.S. § 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 invalidate its signature on this Agreement.
XVII. TERMINATION OF CERTAIN PROVISIONS
39. If any Party believes that any or all of the obligations under Section VI
(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).
XVIII. CONTRIBUTION PROTECTION
40. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.

29

Project no. 20094-16-036/ Former Belmont Dyers (August 23, 2017 Approval to PC)
41. 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.
42. 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.
XIX. PUBLIC COMMENT
43. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.
IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
____________________________________________________________________________
Michael E. Scott Date
Director, Division of Waste Management

IT IS SO AGREED:
Aberfoyle LLC

30

Project no. 20094-16-036/ Former Belmont Dyers (August 23, 2017 Approval to PC)
By:
____________________________________________________________________________
C. Jason McArthur Date
Title typed or printed: President

SITE
0 2000 4000
APPROXIMATE
SCALE IN FEET
N
U.S.G.S. QUADRANGLE MAP
QUADRANGLE
7.5 MINUTE SERIES (TOPOGRAPHIC)
CITY, STATE YEAR
TITLE
PROJECT
SITE LOCATION MAP
FORMER BELMONT DYERS
18 LINESTOWE DRIVE
BELMONT, NORTH CAROLINA
DATE:
JOB NO:
REVISION NO:
Exhibit:
10-18-16 0
1RPH-001

BP#20094-16-063/Belmont Dyers (August 23, 2017 Approval to PC)

1

Exhibit 2

The most recent environmental sampling at the Property reported in the Environmental
Reports occurred on May 16, 2017. The following tables set forth, for contaminants present at
the Property above unrestricted use standards or screening levels, the maximum and most recent
concentrations found at each sample location, and the applicable standard or screening level.
Screening levels and groundwater standards are shown for reference only and are not set forth as
cleanup 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, (April 1, 2013 version):

Groundwater
Contaminant
Sample
Location
Date of
Sampling
Maximum
Concentration
Exceeding
Standard
(g/L)
Date of
Sampling
Most Recent
Concentration
Exceeding
Standard
(g/L)
Standard
(g/L)
Benzene MW-1D 11/5/07 1.6 11/5/07 1.6 1 MW-1IR 1/24/09 1 1/24/09 1
Chlorobenzene PMW-6IR 3/22/16 58 3/22/16 58 50
1,4-Dichlorobenzene PMW-6IR 3/22/16 26 3/22/16 26 6 PMW-6SR 3/22/16 9.7 3/22/16 9.7
cis-1,2-Dichloroethene PMW-6SR 3/22/16 96 3/22/16 96 70
Tetrachloroethylene
GP-10-42’ 9/27/05 1.4 9/27/05 1.4
0.7
GP-8-48’ 9/27/05 5.5 9/27/05 5.5
MW-1 5/10/05 64 11/18/06 52
MW-1D 6/8/05 280 11/5/07 130
MW-1DR 7/12/09 18 7/12/09 18
MW-1I 9/20/04 36 11/18/06 24
MW-1R 7/12/09 9.1 7/12/09 9.1
MW-1IR 1/24/09 2.1 1/24/09 2.1
MW-2 5/10/05 2.7 11/5/07 1.2
MW-2R 7/12/09 2.7 7/12/09 2.7
MW-3 5/10/05 1.9 7/12/09 <0.5
PMW-1IR 3/22/16 3.2 3/22/16 3.2
PMW-1SR 3/22/16 6.2 3/22/16 6.2
PMW-3SR 3/22/16 1.2 3/22/16 1.2
PMW-4SR 3/22/16 5.6 3/22/16 5.6

BP#20094-16-063/Belmont Dyers (August 23, 2017 Approval to PC)

2
Tetrachloroethylene
PMW-5SR 3/22/16 110 3/22/16 110
0.7 PMW-6IR 3/22/16 91 3/22/16 91
PMW-6SR 3/22/16 200 3/22/16 200
Trichloroethylene
MW-1 9/20/04 &
5/10/05 11 11/18/06 6.2
3 MW-1D 6/8/05 15 11/5/07 9
PMW-1DR 3/22/16 9 3/22/16 9
1,2,4-
Trichlorobenzene PMW-6IR 3/22/16 86 3/22/16 86 70

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 derived
from the Residential Vapor Intrusion Screening Levels of the Division of Waste Management
October 2016 version):
Groundwater
Contaminant with
Potential for Vapor
Intrusion

Sample
Location
Date of
Sampling
Maximum
Concentration
Exceeding
Screening
Level (g/L)
Date of
Sampling
Most Recent
Concentration
Exceeding
Screening
Level (g/L)
Residential VI
Screening
Level1
(g/L)
1,4-
Dichlorobenzene PMW-6IR 3/22/16 26 3/22/16 26 25.9
cis-1,2-
Dichloroethene PMW-6SR 3/22/16 96 3/22/16 96 70
Tetrachloroethylene
MW-1 5/10/05 64 11/18/06 52
11.5
MW-1D 6/8/05 280 11/5/07 130
MW-1DR 7/12/09 18 7/12/09 18
MW-1I 9/20/04 36 11/18/06 24
PMW-5SR 3/22/16 110 3/22/16 110
PMW-6IR 3/22/16 91 3/22/16 91
PMW-6SR 3/22/16 200 3/22/16 200
Trichloroethylene
MW-1
9/20/04
&
5/10/05
11 11/18/06 6.2
1
MW-1D 6/8/05 15 11/5/07 9
PMW-1DR 3/22/16 9 3/22/16 9
1,2,4-
Trichlorobenzene
PMW-6IR 3/22/16 86 3/22/16 86 7.19 PMW-6SR 3/22/16 29 3/22/16 29
1 Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.

BP#20094-16-063/Belmont Dyers (August 23, 2017 Approval to PC)

3
2 NS – Screening level or regulatory not established.

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
(October 2016 version):
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening Level
(mg/kg)
Residential
Screening
Level1 (mg/kg)
Arsenic
HHSB-5 4-6 5/16/17 2.6
0.68 SB-3 1-3 11/21/16 3.8
SB-4 3-5 11/21/16 2.9
SB-5 2-4 11/21/16 3.1
Benzo(a)anthracene SB-2 1-3 11/21/16 0.61 0.16
Benzo(a)pyrene SB-2 1-3 11/21/16 0.62 0.016
Benzo(b)fluoranthene SB-2 1-3 11/21/16 0.57 0.16
Dibenzo(a,h)anthracene SB-2 1-3 11/21/16 0.111 J 0.016
Indeno(1,2,3-cd)pyrene SB-2 1-3 11/21/16 0.53 0.16
Manganese SB-1 0-2 11/21/16 624 360 SB-4 2-4 11/21/16 527
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.
NE – No established screening level

SOIL GAS

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 (October 2016 version):

Soil Gas Contaminant
Sample Location Date of
Sampling
Concentration
Exceeding
Screening
Level (g/m3)
Residential
Screening
Limit1
(g/m3)
Tetrachloroethylene
HHSG-2 5/16/17 320
278 HHSG-4/DUP-1 5/16/17 16,000
HHSG-5 5/16/17 1,900
HHSG-8 6/20/17 360
1,2,4-Trimethylbenzene HHSG-5 5/16/17 85 48.7

BP#20094-16-063/Belmont Dyers (August 23, 2017 Approval to PC)

4
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-5 lifetime incremental cancer risk.
X
X
X
X
X
X
X
X
X
X
X
S
S
x
S
S
x
S
S
x
SSx SSx SSx
SS x
SSx SSx
TH
E
G
R
O
U
P
X
TH
E
G
R
O
U
P
Exhibit 2
The most recent environmental sampling at the Property reported in the Environmental Reports
occurred on June 20, 2017. The following tables set forth, for contaminants present at the Property
above unrestricted use standards or screening levels, the maximum and most recent concentrations
found at each sample location, and the applicable standard or screening level. Screening levels and
groundwater standards are shown for reference only and are not set forth as cleanup 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, (April 1, 2013 version):
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 (October
2016 version):
1)Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening
levels displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
NE - No established screening level
SOIL GAS
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
(October 2016 version):
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 restrictions are hereby
imposed on the Brownfields Property, and are as follows:
1. No use may be made of the Brownfields Property other than for high density residential, open space, parking, recreation, and with prior written DEQ approval, other commercial uses. For purposes of
this restriction, the following definitions apply:
a. “High Density Residential” defined as permanent dwellings where residential units are attached to each other with common walls, such as condominia, apartments, townhomes, 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 (with the exception of privately owned or inhabited townhome yard
areas, which are permitted under this Agreement), and shall include related amenities, such as pools, clubhouses, leasing offices, courtyards, common areas, recreation areas and parking garages.
b. “Parking” defined as the temporary accommodation of motor vehicles in an area designed for same.
c. “Open Space” defined as land maintained in a natural or landscaped state and used for natural resource protection, buffers, greenways, detention facilities for stormwater.
d. “Recreation” 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 pools, sports-related courts and fields, open space, greenways, parks, playgrounds, dog parks, walking paths, and picnic and public gathering areas.
e. “Commercial” defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
2. Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ.
3. Physical redevelopment of the Brownfields Property may not occur other than in accord, as determined by DEQ, with an Environmental Management Plan (“EMP”) approved in writing by DEQ in
advance (and revised to DEQ's written satisfaction prior to each subsequent redevelopment phase) that is consistent with all the other land use restrictions and describes redevelopment activities at the Brownfields
Property, the timing of redevelopment phases, and addresses health, safety and environmental issues that may arise from use of the Brownfields Property during construction or redevelopment in any other form,
including without limitation:
a. soil and water management issues, including without limitation those resulting from contamination identified in the Environmental Reports;
b. issues related to potential sources of contamination referenced in Exhibit 2 of the attached Exhibit A.
c. 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
d.plans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated during redevelopment;
4. Unless otherwise approved by DEQ in writing after results of post grade soil sampling are received per paragraph 16 of the attached Exhibit A, 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 Land Use Restriction No. 1 above while fully protecting public health and the environment, except:
a. in connection with landscape planting to depths not exceeding 24”;
b. mowing and pruning of above-ground vegetation;
c. 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;
d. in connection to work conducted in accordance with a DEQ-approved Environmental Management Plan (EMP) as outlined in Land Use Restriction No. 3.
5. 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 Land Use Restriction No. 3.
6. No enclosed building may be constructed on the Brownfields Property and no existing building, defined as those depicted on the plat component of this Notice, may be occupied until DEQ determines in
writing that:
a. the building is or would be protective of the building's users, public health and the environment from risk of vapor intrusion based on Brownfields Property assessment data or a site-specific risk
assessment approved in writing by DEQ; or
b. the building is or would be sufficiently distant from the Brownfields Property's groundwater and/or soil contamination based on assessment data approved in writing by DEQ that the building's users,
public health and the environment will be protected from risk from vapor intrusion related to said contamination; or
c. vapor intrusion mitigation measures are installed and/or implemented to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer's professional seal on a report
that includes photographs and a description of the installation and performance of said measures. Any design specification for vapor intrusion mitigation measures shall be approved in writing by DEQ in advance of
installation and/or implementation of said measures. The design specifications shall include methodology(ies) for demonstrating performance of said measures.
7. As part of the Land Use Restriction Update described in Land Use Restriction No. 12 for each year after the year in which this Notice is recorded, 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:
a. actions taken on the Brownfields Property in accordance with Section V: Work to be Performed of the attached Exhibit A;
b. soil grading and cut and fill actions;
c. methodology(ies) employed for field screening, sampling and laboratory analysis of environmental media;
d. 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
e. 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).
8. 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.
9. 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 Gaston 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 the
attached Exhibit A, 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 an interest may use the following mechanisms to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form, the owner
conveying an interest may provide DEQ with copies of a form lease or rider evidencing compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the persons listed in Section XV (Notice and
Submissions) of the attached Exhibit A; 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 XV of the attached Exhibit A.
10. 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.
11.During January of each year after the year in which this Notice 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 Gaston County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions
remains recorded at the Gaston County Register of Deeds office and that the land use restrictions are being complied with. The submitted LURU shall state the following:
a. the name, mailing address, telephone and facsimile numbers, and contact person's e-mail address of the owner submitting the LURU if said owner acquired any part of the Brownfields Property during the
previous calendar year;
b. the transferee's name, mailing address, telephone and facsimile numbers, and contact person's e-mail address, if said owner transferred any part of the Brownfields Property during the previous calendar
year;
c. whether any vapor barrier and/or mitigation systems installed pursuant to Land Use Restriction No. 6 are performing as designed, and whether the uses of the ground floors of any buildings containing
such vapor barrier and/or mitigation systems have changed, and, if so, how.
d. LURU's submitted for any portion of the Brownfields Property that contains rental units shall include a list of tenants and their addresses.
e. A LURU submitted for rental units shall include the rent roll and enough of each lease entered into during the previous calendar year to demonstrate compliance with lessee notification requirements in
paragraphs 24 and 25 of the attached Exhibit A provided that if standard form leases are used in every instance, a copy of such standard form lease may be sent in lieu of copies of actual leases.
f. A property owners' association or other entity may perform this LURU's duties, on behalf of some or all owners of the Brownfields Property, if said association or entity has accepted responsibility for
such performance pursuant to a notarized instrument satisfactory to DEQ that includes at a minimum, the name, mailing address, telephone and facsimile numbers, and e-mail address of each owner on whose behalf
the LURU is proposed to be submitted.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ official referenced in paragraph 37.a of the attached Exhibit A hereto, at the address stated therein.
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 derived from the
Residential Vapor Intrusion Screening Levels of the Division of Waste Management October 2016
version):
1)Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening
levels displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
1)Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening
levels displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
BEGINNING FROM A 1.5” EXISTING IRON PIN FOUND (EIP), SAID POINT BEING THE SOUTHEAST CORNER OF LOT 52
ABERFOYLE SUBDIVISION RECORDED IN PLAT BOOK 15 PAGE 90 OF THE GASTON COUNTRY REGISTERY OF DEEDS,
HAVING NCGRID COORDINATES OF N: 547,827.143’ E:1,395,497.737’, AND BEING N86°53'25"E 3053.59’ OF NCGS
MONUMENT “RV-95”; THENCE WITH SAID ABERFOYLE SUBDIVISION PLAT THE FOLLOWING THIRTY-FIVE (35)
COURSES:
1)N01°19'54"E 86.16’ TO A #4 REBAR FOUND
2)N88°37'22"W 86.79’ TO A 1.5” EIP
3)S88°37'22"W 106.42’ TO A #4 REBAR SET
4)N86°52'10"W 36.67’ TO A #4 REBAR SET
5)N81°00'53"W 46.02’ TO A #4 REBAR SET
6)N78°48'53"W 30.00’ TO A #4 REBAR SET
7)N07°18'53"W 64.58’ TO A 1.5” EIP
8)N17°50'54"E 40.16’ TO A 1” EIP
9)N62°42'15"W 114.65’ TO A #4 REBAR SET
10)N62°26'24"W 75.57’ TO A 1” EIP
11)N62°26'14"W 75.11’ TO A 1.5” EIP
12)N64°43'25"W 56.86’ TO A 1” EIP
13)N68°10'18"W 63.21’ TO A 1.5” EIP
14)N72°02'02"W 60.98’ TO A 1.5” EIP
15)N76°51'29"W 60.07’ TO A 1.5” EIP
16)N18°50'31"E 25.30’ TO A 1.5” EIP
17)N25°51'17"E 206.67’ TO A 1.5” EIP
18)N73°00'34"E 59.13’ TO A #4 REBAR SET
19)S55°02'22"E 103.64’ TO A 1.5” EIP
20)S77°33'45"E 103.46’ TO A 1.5” EIP
21)N73°34'12"E 79.94’ TO A 1.5” EIP
22)N60°42'46"E 78.92’ TO A #4 REBAR SET
23)N60°45'59"E 63.02’ TO A #4 REBAR SET
24)N69°35'18"E 60.05’ TO A 1.5” EIP
25)N78°16'32"E 59.46’ TO A #4 REBAR SET
26)N85°19'25"E 25.04’ TO A #4 REBAR FOUND
27)N84°58'56"E 63.94’ TO A 1.5” EIP
28)N84°58'59"E 71.80’ TO A 1.5” EIP
29)N85°25'03"E 57.20’ TO A 1.5” EIP
30)N89°13'13"E 57.93’ TO A #4 REBAR SET
31)S72°41'23"E 57.96’ TO A #4 REBAR SET
32)S54°26'31"E 56.89’ TO A 1” EIP
33)S36°47'29"E 60.02’ TO A #4 REBAR SET
34)S18°15'42"E 62.98’ TO A #4 REBAR SET
35)S00°43'00"E 51.84’ TO A 1” EIP, A COMMON CORNER CITY OF BELMONT PROPERTY DEED BOOK 2739.
PAGE 985.
THENCE TURNING AND RUNNING WITH SAID CITY OF BELMONT PROPERTY THE FOLLOWING FOUR (4) COURSES:
1)S09°20'51"W 26.70’ TO A CONCRETE MONUMENT FOUND
2)N79°15'38"E 99.10’ TO A CONCRETE MONUMENT FOUND
3)S10°30'54"E 65.29’ TO A #4 REBAR SET
4)N79°14'32"E 177.45’ TO A #4 REBAR SET ON THE SHORE OF LAKE WYLIE.
THENCE TURNING AND RUNNING WITH SAID LAKE WYLIE THE FOLLOWING THREE (3) COURSES:
1)S00°40'34"E 4.14’ TO A #4 REBAR SET
2)S21°15'14"W 137.01’ TO A #4 REBAR FOUND
3)S31°35'33"W 288.58’ TO A #4 REBAR FOUND, A NORTHWESTERLY CORNER OF RIVER RIDGE
COMDOMINIUMS PHASE 4 RECORDED IN PLAT BOOK 41, PAGE 25.
THENCE TURNING AND RUNNING WITH SAID RIVER RIDGE COMDOMINIUMS THE FOLLOWING THREE (3)
COURSES:
EXHIBIT C
1) N58°09'11"W 62.89’ TO A #4 REBAR SET
2) S73°56'10"W 162.10’ TO A #4 REBAR FOUND
3) S72°50'16"W 177.44’ TO A 1.5” EIP, THE NORTHEASTERLY CORNER OF LOT 54 SAID ABERFOYLE
SUBDIVISION PLAT BOOK 15 PAGE 90.
THENCE TURNING AND RUNNING WITH SAID ABERFOYLE SUBDIVISION S89°00'11"W 28.02’ TO THE POINT AND
PLACE OF BEGINNING. CONTAINS 12.884 ACRES MORE OR LESS.