WM0401361_Monitoring Well Permit Application_20220428

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY - DIVISION OF WATER RESOURCES
APPLICATION FOR PERMIT TO CONSTRUCT A MONITORING OR RECOVERY WELL SYSTEM
PLEASE TYPE OR PRINT CLEARLY
In accordance with the provisions of Article 7, Chapter 87, General Statutes of North Carolina and regulations pursuant thereto,
application is hereby made for a permit to construct monitoring or recovery wells.
1. Date: 4/28/22
2. County: Alamance
FOR OFFICE USE ONLY
1(0 PERMIT NO. i,'v r`\c i r� � ISSUED DATE t ---- '
11)
3. What type of well are you applying for? (monitoring or recovery): Monitoring
4. Applicant: USACE (Dena Thompson)
Telephone: [phone]
Applicant's Mailing Address: 101 W York St, Savannah, GA 31401
Applicant's Email Address (if available): Dena. B.Thompson(a.usace.armv.mil
5. Contact Person (if different than Applicant): Ethan Dinwiddie - Terracon Telephone: [phone]
Contact Person's Mailing Address: 2401 Brentwood Road, Suite 107, Raleigh, NC 27604
Contact Person's Email Address (if available): ethan.dinwiddie anterracon.com
6. Property Owner (if different than Applicant): Central Park Burlington LLC Telephone:
Property Owner's Mailing Address: 7120 Creek Wood Drive, Chapel Hill, NC 27514
Property Owner's Email Address (if available):
7. Property Physical Address (Including PIN Number) Cobb Ave. (PIN: 139757)
City Burlington
County Alamance
Zip Code 27217
8. Reason for Well(s): Soil contamination
(ex: non -discharge permit requirements, suspected contamination, assessment, groundwater contamination, remediation, etc.)
9. Type of facility or site for which the well(s) is(are) needed: Former Tarheel Army Missile Plant
(ex: non -discharge facility, waste disposal site, landfill, UST, etc.)
10. Are there any current water quality permits or incidents associated with this facility or site? If so, list permit and/or incident no(s).
Federal Remediation Branch # NC7210020544
11. Type of contaminants being monitored or recovered: Chlorinated Solvents
(ex: organics, nutrients, heavy metals, etc.)
12. Are there any existing wells associated with the proposed well(s)? If yes, how many? Yes, 10+
Existing Monitoring or Recovery Well Construction Permit No(s).: Unknown
13. Distance from proposed well(s) to nearest known waste or pollution source (in feet): Soil borings will be advanced
adiacent to the source area
14. Are there any water supply wells located less than 500 feet from the proposed well(s)? No
If yes, give distance(s):
15. Well Contractor: Larry Opper / Gary Ellingworth Certification No.: 3322 / 3367
Well Contractor Address: PO Box 1161 Wake Forest, NC 27588 / 501 Millstone Drive, Hillsborough, NC 27278
PROPOSED WELL CONSTRUCTION INFORMATION
1 As required by 15A NCAC 02C .0105(f)(7), attach a well construction diagram of each well showing the following:
a. Borehole and well diameter e. Type of casing material and thickness
b. Estimated well depth f. Grout horizons
c. Screen intervals g. Well head completion details
d. Sand/gravel pack intervals

Continued on Reverse
PROPOSED WELL CONSTRUCTION INFORMATION (Continued)
2. Number of wells to be constructed in unconsolidated (add answers from 2 and 3)
material: Approximately 30 soil borings that may 5. How will the well(s) be secured? Soil borings will
penetrate the water table be abandoned same day
3. Number of wells to be constructed in bedrock: 6. Estimated beginning construction date: 5/2/22
7. Estimated construction completion date: 5/6/22
4. Total Number of wells to be constructed: 0—soil
borings are proposed. Soil borings will not be converted to
temporary wells.
ADDITIONAL INFORMATION
1. As required by 15A NCAC 02C.0105(f)(5),attach a scaled map of the site showing the locations of the following:
a. All property boundaries, at least one of which is referenced to a minimum of two landmarks such as identified roads,
intersections, streams, or lakes within 500 feet of the proposed well or well system.
b. All existing wells, identified by type of use, within 500 feet of the proposed well or well system.
c. The proposed well or well system.
d. Any test borings within 500 feet of proposed well or well system.
e. All sources of known or potential groundwater contamination(such as septic tank systems, pesticide, chemical or fuel
storage areas, animal feedlots as defined in G.S. 143-215.106(5), landfills, or other waste disposal areas)within 500 feet
of the proposed well or well system.
SIGNATURES
The Applicant hereby agrees that the proposed well(s)will be constructed in accordance with approved specifications and conditions of
this Well Construction Permit as regulated under the Well Construction Standards(Title 15A of the North Carolina Administrative Code,
Subchapter 2C)and accepts full responsibility for compliance with these rules
Staff Geologist
Signature of Applicant or*Agent Title of Applicant or*Agent
Ethan C. Dinwiddie *If signing as Agent, attach authorization agreement stating
Printed name of Applicant or*Agent that you have the authority to act as the Agent.
If the property is owned by someone other than the applicant,the property owner hereby consents to allow the applicant to construct
wells as outlined in this Well Construction Permit application and that it shall be the responsibility of the applicant to ensure that the
well(s)conform to the Well Construction Standards(Title 15A of the North Carolina Administrative Code, Subchapter 2C).
See Access Provisions of QuitClaim Deed
Signature of Property Owner(if different than Applicant) Printed name of Property Owner(if different than Applicant)
DIRECTIONS
Please send the completed application to the appropriate Division of Water Resources'Regional Office:
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, NC 28778
Phone: [phone]
Fax: [phone] Raleigh Regional Office
3800 Barrett Drive
Fayetteville Regional Office Raleigh, NC 27609 GW-22MR Rev.3-1-2016
225 Green Street, Suite 714 Phone: [phone]
Fayetteville, NC 28301-5094 Fax: [phone] Wilmington Regional Office
Phone: [phone] 127 Cardinal Drive Extension
Fax: [phone] Washington Regional Office Wilmington, NC 28405
943 Washington Square Mall Phone: [phone]
610 East Mooresville ACentter Aveonal nue Phone:
Washi n NC• ... . t^r Nt�; . 2004
Mooresville, NC 28115 5.1 _ �, 1`` z g
- . ,������ � e Tonal Office
Phone: [phone] ®; � oad
Fax: [phone] �bk t �of1
s Ile oor sv le � .t?,1 5, '* , NC 7105
C —L�, � ,s:CI a: )7 00
�F•yett.prilte .�
f Wil •
nntnn

Well ID:
Project No. :
Site Name:
Field Personnel:
Date:
Location:
Drilling Method:
Driller:
No Well ID - Soil Borings
7021P145
Former Tarheel Army Missile Plant
Ethan Dinwiddie/Dan Govert
4/28/2022
Alamance County PIN 139757
DPT
Larry Opper (NC Cert No. 3322)
lferracon
2401 Brentwood Road Suite 107
Raleigh, NC 27604
919.873.2211
Temporary Grab Monitoring Well Construction Diagram
Land Surface
Soil Boring
Diameter 2-inch
Length 15 ft
Material N/A
Depth Below Land Surface (feet)
2 Borehole Diameter (inches)
Note: Soil borings proposed up to 15 feet below land surface. Borings may intersect the water table.

y co
(0
co
a) P.
Q
8
0
3 f6
o 0)
Z' N
D c •m >
c c C c
o I 3 a)
m d CO
o f° -o
� .E o a)
o o
CL
c Q a c c) O
m I- ¢ x = o-
r') JI 0 L�
J
0 Proposed Tunnel Sampling Point
1-
mo
xZ
w
w
c0
0
co
0
0
Z
c
O4 �o
U
N
'a 0
2cz
a)
LL
Q
a)
c
N
v.)
ti

Page 1 of 16
"Pk 2169 P1Q' 675
Alamance County, NC
Recorded 11/30/2004 11:41:03am
No 9999-00143708 1 of 16 pages
Muriel V Tarpley, Register of Deeds
Revenue Stamps: None (Exempt)'�---
PIN:
Prepared by: Gabriel N. Steinberg, Special Counsel for Real Estate, Office of Regional Counsel (4L).
General Services Administration, Region IV, Atlanta, GA, GSA Control No.: 4-D-NC-793, GSA Contract
No.: GS-04-D-04-CBE-0009
Return to: Attn: Jay Jones, 2609 Tucker Street Extension, Burlington, NC 27215
QUITCLAIM DEED
THIS DEED made this the 2gf4 day of /1/ovehrder
2004, by the UNITED STATES OF AMERICA, acting by and through the Administrator
of General Services ("GSA"), under and pursuant to the powers and authority contained
in the provisions of the Federal Property and Administrative Services Act of 1949, 63
Stat. 377, as amended (formerly codified at 40 U.S.C. 484, now codified at 40 U.S.C.
§§ 541 et seq.), and regulations and orders promulgated thereunder, Grantor, to
HOPEDALE INVESTMENT, LLC, a North Carolina Limited Liability company, whose
mailing address is 2609 Tucker St. Extension, Burlington, North Carolina 27215,
G rantee.
Book: 2169 Page: 675 Seq: 1

Page 2 of 16
Book 2169 Pa9' 676
No 9909-00143708 2 of 16 pages
WITNESSETH, that the Grantor, without representation or warranty,
express or implied, except as specifically stated herein, for and in consideration of the
sum of ONE MILLION FIVE HUNDRED EIGHTY FIVE THOUSAND AND NO/100
DOLLARS ($1,585,000.00) paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto
the Grantee in fee simple, all that parcel of land situated in Alamance County, North
Carolina, commonly known as "the buildings portion" of the "Tarheel Army Missile Plant"
("TAMP, Tract No. 1"), and more particularly described in Exhibit "A", which is attached
hereto, made a part thereof and consists of two (2) pages.
And also including the following easement:
A railroad spur track that extends 5,240 ft., more or less,
running from the south right-of-way line of U.S. Highway No.
70 in a southerly direction 5,240 ft. and contains 12.00
acres, more or Tess, all as more particularly describe in
Exhibit "B", which is attached hereto, made a part hereof,
and consists of one (1) page.
TOGETHER with all and singular the tenements, hereditaments, and
appurtenances thereto appertaining, and every right, title, or interest, legal or equitable,
of the said Grantor may have in the banks, beds, and waters of any streams bordering
the aforesaid lands and also all interest in any alleys, roads, streets, ways, strips, gores,
or railroad rights -of -way abutting or adjoining said lands, and any means of ingress or
egress appurtenant thereto.
SUBJECT, however, to any and all existing easements and rights -of -way
for public roads, highways, streets, railroads, pipelines, drainage and sewer lines and
public and private utilities; rights of tenants in possession, if any; and to any state of
2
Book: 2169 Page: 675 Seq: 2

Page 3 of 16
Book 2169 Page 677
No 9999-00143708 3 of 18 pages
facts which may be disclosed by an inspection and current, detailed survey of the
premises described above, including an encroachment on the easement.
The Grantee covenants for itself, its successors and assigns, and every
successor in interest to the property hereby conveyed, or any part thereof, that the said
Grantee has received the asbestos warning notice, which is attached hereto, made a
part hereof, and consists of two (2) pages, and agrees to comply with any conditions
and requirements as stated in Exhibit "C", including those conditions, requirements and
regulations for asbestos containing materials listed on Table 1 of Exhibit "C."
The Grantee also covenants for itself, its successors and assigns, and
every successor in interest to the property hereby conveyed, or any part thereof, that
the said Grantee has received information from the Grantor about lead -based paint and
lead -based paint hazards, and, although the property has not been used and is not
currently used for residential purposes, has been informed of its obligations under 42
U.S.C. 4852d and is aware of its responsibility to ensure compliance thereof.
The Grantor has determined that Tract 1 of the Tarheel Army Missile
Plant, Burlington, North Carolina ("TAMP"), is environmentally suitable for transfer to
the Grantee and has informed the Grantee of the environmental condition of the
property hereby conveyed ("Property"). In accordance with Section 120(h)(3) of the
Comprehensive Environmental Response, Compensation and Liability Act of 1980
(CERCLA), as amended, and codified at 42. U.S.C. § 9620(h)(3), and pursuant to the
terms of the Covenant Deferral Request for the TAMP, dated August 1, 2003, by the
Deputy Assistant Secretary of the Army, Environmental Safety and Occupational
Health, Office of the Assistant Secretary of the Army (Installation and Environment) and
3
Book: 2169 Page: 675 Seq: 3

Page 4 of 16
Book 2169 678
approved September 25, �90v rtiiirGode?Aor'ofp'iiie State of North Carolina,
P
(hereinafter referred to as the "CDR"), the Grantor includes the following notices,
covenants, reservations, assurances, and warranties that run with the land and inure to
the benefit of the Grantor and Grantee, and their respective successors and assigns, as
the case may be, all as more fully set forth in the Environmental Protection Deed
Provisions, Exhibit 'D," which is attached hereto, made a part hereof, and consists of
four (4) pages. These provisions for Tract 1 of the TAMP shall remain in effect until soil
and groundwater remediation activities are completed and include land use restrictions
that limit the Property to non-residential use and prohibit excavation in certain areas
without the Director approval of the North Carolina Department of Environmental
Natural Resources (NCDENR) approval. Besides being attached and made a part
hereof, these provisions are located in and identified as "Enclosure 3 to the Finding of
Suitability for Early Transfer (FOSET) Tarheel Army Missile Plant (TAMP), Burlington,
NC July 2003," signed January 1, 2004,
The property hereby conveyed has heretofore been declared surplus to
the needs of the UNITED STATES OF AMERICA, is presently under the jurisdiction of
the General Services Administration, is available for disposal and its disposal has been
heretofore authorized by the Administrator of General Services, acting pursuant to the
above referred to laws, regulations and orders.
TO HAVE AND TO HOLD the hereinbefore described property, together
with improvements thereon, unto the said Grantee, its successors and assigns, forever.
4
Book: 2169 Page: 675 Seq: 4

Page 5 of 16
BOok 2169 Pig. 679
4 Ti8 5 of t6 O�g
IN WITNESS" Altr I F, the UNITED STATES OF AMERICA has
caused these presents to be executed in its name and on its behalf by its duly
authorized officers and its seal affixed the day and year first above written.
[SEAL]
UNITED STATES OF AMERICA
Acting by and through the
nistrator of General Services
i 1, JJ 4A.1 74
ES BRA DON
Contracting Officer,
Property Disposal Division
General Services Administration
Region IV, Atlanta, GA
GEORGIA, FULTON COUNTY
I, je..."4,4 C 1 SJ& 74.,r ,'a Notary Public of the County and State aforesaid,
certify that James Brandon personally appeared before me today and acknowledged
that he is the Contracting Officer, Property Disposal Division, General Services
Administration, Region IV, Atlanta, Georgia and that he executed the foregoing
instrument in the foregoing capacity as an authorized act of Grantor.
Witness my hand and official stamp or seal of office in Atlanta, Ge9(giantt,}is the 2 p 9412
day of�70vP,r,�r 2004. o``��PC.
ioro..
LI/ o MAY 9N -
23 <:
= * : 2008
,y 9yc �°'�V:
ourr? t. ••,
[PI t414oi9 '[ Here]
111111111151\
q p of the QrmvrniT fl uNts Aarl(n Mt!
The foregoing Certificate(s) o�e. is/are certified to be
correct. This instrument and thi certificate are duly registered at the date and time and in the
Book and Page shownon the first page herreofpl� w o•Cy��_[ _-�-U` g
•ALt-Wejt—
•
Public
commission expires:
678\
5
Book: 2169 Page: 675 Seq: 5

Page 6 of 16
CERTIFICATE
Book 2169 Pape 680
No 9999-80143798 6 of16
Pages
I, Gabriel N. Steinberg, Certifying Attorney, General Services
Administration, Region 4, Atlanta, Georgia, do hereby certify that authority for
conducting the business of General Services Administration (GSA) has been delegated
to the Regional Administrator by the Administrator of General Services pursuant to the
authority vested in said Administrator by the Federal Property and Administrative
Services Act of 1949, 63 Stat. 377, as amended (formerly codified at 40 U.S.C. 484,
now codified at 40 U.S.C. §§ 541 et seq.) and other applicable laws and regulations
promulgated thereunder, and re -delegated to the Director, Property Disposal Division,
GSA, Region 4, and has been further re -delegated to James Brandon, Contracting
Officer, Property Disposal Division, GSA, Atlanta, Georgia
Dated at Atlanta, Georgia, this Z g74k day of
4/e11e , 2004.
6
GABRIEL N. STEINB
Special Counsel for Real Estate
General Services Administration
Atlanta, Georgia
Book: 2169 Page: 675 Seq: 6

Page 7 of 16
Book 2169 681
No 9999-00143708 7 of 18 pages
Acknowledged, agreed and accepted by Hopedale Investment, LLC, by its duly
authorized officials and representatives acting under authority granted by the said
Board.
Witnesses: HOPEDALE INVESTMENT, LLC
Witnesses:
[SEAL]
NORTH CAROLINA, mgtic
By: Burlington Holdings, LLC
Member/Manager
ill Britt, Manager
By: Peg Aterd—E79t_„:?54,)
anager
COUNTY
I, a Notary Public of the County and State aforesaid, certify that Bill Britt and Peggy Britt
personally appeared before me this day and acknowledged that they are Managers of
Hopedale Inv- tment, LLC and, being authorized to do so, executed the foregoing
instr. - t o 'ehalfpf t c• •any.
My -co• mission exPires.
8
.cOUN11.'
Book: 2169 Page: 675 Seq: 7

Page 8 of 16
°°" 2169 Pege 682
No 9999-00143708 8 Of 16 pages
Exhibit A
To Quitclaim Deed from the United States of America to Hopedale Investment, LLC
"Plant Tract"
All that certain lot or parcel of land situated in Alamance County, North Carolina
and more particularly described as follows:
STARTING at a point which is located by starting at NCGS "Plymouth"
(Northing: 854237.4798 feet, Easting: 1872394.282 feet), thence North
81° 6' 43" East 3,467.64 feet to NCGS "Kirk" (Northing: 854773.1885 feet,
Easting: 1875819.926 feet); thence South 812 5' 32" East 3,213.92 feet to
a disk (Northing: 854275.5349 feet, Easting: 1878995.0872 feet) the point
and place of BEGINNING; thence North 2° 39' 31" West 920.56 feet to an
iron pin; thence North 89° 41' 39" East 1,069.48 feet to a disk in the right
of way of North Graham -Hopedale Road; thence South 3° 23' 52" West
922.47 feet to an iron pin; thence South 89° 41' 37" West 493.49 feet to a
point; thence South 17° 11' 36" West 15.90 feet; thence South 894 43' 21"
West 235.95 feet to a point; thence North 17° 11' 36" East 15.77 feet to
an iron pin; thence South 89° 41' 37" West 279.18 feet to the point and
place of BEGINNING and being 22.04 acres according to the survey
entitled 'Plat for Hopedale Investment, LLC" prepared by Boswell
Surveyors, Inc.. dated September 24, 2004.
!,4 be r a'' I
Book: 2169 Page: 675 Seq: 8

Page 9of16_, ._
soo, 2169 Page 683
No 4999;-00143766 9 of 16 pages --
DATE:
•
r O L DESC1 CPTI0N
12 , Odd. ACRES DISPOSAL AREA
MOM ORDNANCE SLANT
All that tract of land, 10b feet in width and 5,240 feet is
Qovernment Ac+luteition Tract "B", of the Tarheel Ordnance
in the City of Burlington, Aiemance County, North Carolina
the no-:th by the south ri{t-of-way li11e of U.B. Highway N
the land of the, City of BArljr.gton and by land of T. E. St+
the north right-of-way lizie Of the Southern Railroad dad w
T. E. Steed, by land of R, H. Southerland and by land of tJ
ton, the centerline of wh4ch is more particularly describe
Beginning at a paint in the Center of in existing railroad
at its interseotion with llhe south right--of-way line of U.
said point beings tpproximitely 55h feet southeast from the
of the east vent -of -way inR of 0rehab:-Hopedatle Road and
of -way line of U. S. No. 0;,thence frbm the point of begi
southerly direction along'thu centerline of the existing 1
right-of-way through the land of the City of Burlington, a
Steed, crossing Midway Av4nue, and to the north right -of -w
Southern Railway main lino, the total length of the herein
of land being approximategy 5,240 feet and Containing 12.0
or lase, f -
172
29
5tl3?JNt 9N9 de0D Away 5Il dy : S1
Sued 1976
length, be1n4
lant, situate
being bound Ca
. 70, east by
ed, south by
at by land of
e City of Burling -
as follows:
right-of-way
S. No.. TO,
intersection
ha south right -
nine. in 4 general
0 foot railroad
d land of T. E.
y line of the
described strip
acres, more
EXIIIBIT L�
PaaE 14.1
EXHIBIT "B"
Book: 2169 Page: 675 Seq: 9

Page 10 of 16
Book 2169 684
No 9999-90143708 10 of 16 13119.e
FXHIBIT "C"
NOTICE OF THE PRESENCE OF ASBESTOS WARNING
Asbestos has been determined present in the property to be sold. The Grantee is
warned that the property offered for sale contains asbestos -containing materials.
Unprotected or unregulated exposure to asbestos in produce manufacturing, shipyard,
and building construction workplace have been associated with asbestos -related
disease. Both the Occupational Safety and Health Administration (OSHA) and the
Environmental protection Agency (EPA) regulate asbestos because of the potential
hazards associated with exposure to airborne asbestos fibers. Both OSHA and EPA
have determined that such exposure increases the risk of asbestos -related diseases,
which include certain cancers and which can result in disability or death.
The Grantee was invited, urged and cautioned to inspect the property to be sold prior to
submitting a bid (offer). More particularly, the Grantee was invited, urged and cautioned
to inspect the property as to its asbestos content and condition and any hazardous or
environmental conditions relating thereto. The disposal agency will assist bidders
(offerors) in obtaining any authorization(s) which may be required in order to carry out
any such inspection(s). The Grantee shall be deemed to have relied solely on its own
judgment in assessing the overall condition or all or any portion of the property
including, without limitation, any asbestos hazards or concerns.
No warranties either express or implied are given with regard to the condition of the
property including, without limitation, whether the property does or does not contain
asbestos or is or is not safe for a particular purpose. This failure of the Grantee to
inspect, or to be fully informed as to the condition of all or any portion of the property
offered, will not constitute grounds for any claim or demand for adjustment alter this
transfer.
The description of the property set forth herein and any other information provided
therein with respect to said property is based on the best information available to the
Government and is believed to be correct, but an error or omission, including but not
limited to the omission of any information available to the agency having custody over
the property and/or any other Federal agency shall not constitute grounds or reason for
nonperformance of the transfer, or any claim by the Grantee against the Government
including, without limitation, any claim for allowance, reformation, or other relief at law or
in equity.
The Government assumes no liability for damages for personal injury, illness, disability
or death, to the Grantee, or to the Grantee's successors, assigns, employees, invitees,
or any other person subject to Grantee's control or direction, or to any other person,
including members of the general public, arising from or incident to the purchase,
transportation, removal, handling, use, disposition, or other activity causing or leading to
contact of any kind whatsoever with asbestos on the property which is the subject of this
sale, whether the Grantee, its successors or assigns have or have properly warned or
failed properly to warn the individual(s) injured.
The Grantee further agrees that in its use and occupancy of the property it will comply
with all Federal and local laws relating to asbestos.
EXHIBIT "C"
Page 1 of 2
Book: 2169 Page: 675 Seq: 10

Page 11 of 16
Book 2169 P°°' 685
No 9999-80143708 11 of .18 pages
SUMMARY ESTIMATES FOR ASBESTOS
CONTAINING MATERIALS
Type Material
Estimated Total Quality
Pipe Linear Feet
20,200 lin.ft.
# of Pipe Fittings
1,675
Trowelled Surfacing
i
16,697 square feet
Floor Title & Mastic i
295,915 square feet
Roll Floor Covering (ASB. Back) '
46,768 square feet
Roll lnsul. (ASB. Paper Backing) i
15,000 square feet
Friable ACM Ceiling Titles
1,500 square feet
Roof Shingles
+16,800 square feet
NonSkid Painted Surfaces I
165 square feet
Caulking (Windows Etc.)
5,650 lin. feet
Roof Felts/Flashing 1
4,300 lin. feet
HVAC "Flex Joint" I
425 lin. feet
Transite Pipe I
280 lin. feet
Asbestos GasketsfWiring
55 lin. Feat
Textured Exterior Silver Paint I
t110,750 square feet
EXPBT ` C
Past 2-
Table 1.
Book: 2169 Page: 675 Seq: 11

Page 12 of 16
Book 2169 Page 686
No 9999-00143708 12 of 18 pages
ENCLOSURE
ENVIRONNIENTAL PROTECTION DEED PROVISIONS
1. CERCLA Provisions
Introduction
A. Notice
Pursuant to Section 120(h)(3)(A)(i) of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended (CERCLA) (42 U.S.C. §9620(h)(3)(A)(i),
and North Carolina General Statutes (N.C.G.S.) 130A-310.3(f), and based upon a complete
search of Army files, the Grantor hereby imposes the land use restrictions set forth below and
provides notice of: (1) the type and quantity of hazardous substances that were known to have
been released or disposed of or stored for one year or more on the property: (2) the time such
storage, release or disposal took place; and, (3) a description of remedial action taken, if any.
The property is an inactive hazardous substance or waste disposal site as defined by North
Carolina's Inactive Hazardous Sites Response Act, which consists of Section 130A-310 through
Section 130A-310.19 of the North Carolina General Statutes (N.C.G.S.). This Declaration is part
of a Remedial Action Plan for the property that has been approved by the Secretary of the North
Carolina. Department of Environment and Natural Resources (or its successor in function), or
hisTher delegate, as authorized by N.C.G.S. Section 130A-310.3(0.
B. Covenant
Pursuant to Section 120(h)(3)(A)(ii)(II) of CERCLA, Grantor covenants that it shall take any
additional response action found to be necessary after the date of this conveyance regarding
hazardous substances located on the property on the date of this conveyance.
(l) This covenant shall not apply with respect to any portion of the Property as to which
Grantee, its successor(s) or assign(s), or any successor in interest is a Potentially
Responsible Party (PRP) immediately prior to the date of this conveyance.
(2) In the event Grantee, its successor(s) or assign(s), seeks to have Grantor conduct or
pay for any additional response action, and, as a condition precedent to Grantor incurring
any additional cleanup obligation or related expenses, the Grantee, its successor(s) or
assign(s), shall provide Grantor written notice of such a claim and provide credible
evidence that the associated contamination existed prior to the date of this conveyance.
Grantor shall have 45 days within which to respond to the notice of such claim.
C. Access
Pursuant to Section I20(h)(3)(A)(ii)(fII) of CERCLA. Grantor reserves a right of access for itself
and Lucent Technologies, Inc. (Lucent) to all portions of the property for environmental
investigation. remediation or other corrective action. This reservation includes the right of
access to and use of available utilities at reasonable cost to Grantor. These rights shall be
exercisable in any case in which an environmental investigation, remedial action, response action
16
\l \ '1
11 her
Book: 2169 Page: 675 Seq: 12

Page 13 of 16
Book 2169 P'9' 687
or corrective action is foun 9 e nee ssary er i r8 p
��o �e necessary after t�te date oiittrs conveyance, or in which access
is necessary to carry out a remedial action, response action, or corrective action on adjoining
property. Pursuant to this reservation, Grantor and Lucent and their respective officers, agents,
employees, contractors and subcontractors shall have the right (upon reasonable notice to the
record title owner) to enter upon the property and conduct investigations and surveys, to include
drilling, test -pitting, borings, data and records compilation and other activities related to
environmental investigation, and to carry out remedial or removal actions as required or
necessary, including but not limited to the installation and operation of monitoring wells,
pumping wells, and treatment facilities. .Any such entry. including such activities, responses or
remedial actions, shall be coordinated with the record title owner and shall be performed in a
manner which minimizes interruption with activities of authorized occupants. Grantor will
provide the record title owner reasonable advance notice of such activities, responses, or
remedial actions.
D. Non -Interference
Grantee covenants and agrees for itself, its successors and assigns and every successor in
interest to the Property, or part thereof, that it or any party occupying the Property shall
not disrupt or prevent the Army or Lucent, or their officers, employees, agents,
contractors and subcontractors, or any other authorized party or entity from conducting
required remedial investigations, response actions or oversight activities or from the
proper and necessary construction, upgrading, operating, maintaining and monitoring of
any treatment facilities or environmental monitoring network on the Property.
E. CERCLA Warranty
The Grantor warrants that when all response actions to protect human health and the
environment with, respect to any substance remaining on the property on the date of transfer has
been taken, the Grantor shall execute and deliver to the Grantee an appropriate document
containing a warranty that all such response actions have been taken. The making of the
warranty shall be considered to satisfy the requirements of CERCLA 120(h)(3)(a)(ii)(I).
2. Land Use Restrictions
A. Non -Residential Use Restriction
Grantee. for itself and its successors and assigns, covenants and agrees, pursuant to
N.C.G.S. 130A-310.3(f), that, without the approval of the North Carolina Department of
Environment and Natural Resources (NCDENR) or its successor in function, the use of
the property shall be limited to commercial and industrial purposes and not residential
purposes. the Property having been remediated only for commercial and industrial uses.
Commercial and industrial uses include, but may not be limited to, administrative/office
space, manufacturing, warehousing, restaurants, hotels/motels, and retail activities.
Residential uses include, but may not be limited to. housing, day care facilities, schools_
and other child -related uses. In connection with these land use restrictions, NCDENR
may be contacted as follows:
Nile Testerrnan
Superfund Section
r7
EXIllEff \.‘
P y
Book: 2169 Page: 675 Seq: 13

Page 14 of 16
401 Oberlin Road, Suite 150
Raleigh, NC 27605
B. Ground Disturbance Restriction
°°" 2169 P"' 688
No 9999-00143708 to of t6 pages
Grantee, for itself and its successors and assigns, covenants and agrees that Grantee, its
successor(s) or assign(s), shall not conduct any excavation, digging, drilling or other
disturbance of the subsurface of the Property without the written approval of NCDENR,
unless:
(i) the disturbance occurs outside of a ten (10) foot radius surrounding the former
Underground Storage Tank and Waste Accumulation Pad areas, as indicated on the plat
and
(ii) the total depth of the disturbance is at least five feet above the permanent high
water table.
A map illustrating these areas is provided on the survey plat map (Attachment a).
C. Groundwater Use Restriction
Grantee, for itself and its successors and assigns, covenants and agrees that Grantee, its
successors or assign(s), shall not construct or permit to be constructed any well, and shall
not extract, utilize, consume or permit to be extracted, any water from any aquifer below
the surfaces of the ground for the purpose of human consumption, or other use, unless
such has been expressly approved, in writing, by the NCDENR.
D. Remediation Equipment Disturbance Restriction
Grantee, for itself and its successors and assigns, covenants and agrees that Grantee, its
successors or assign(s), shall not disturb environmental remediation equipment without the
written approval of the NCDENR.
E. Modification of Use Restrictions
(1) In the event Grantee. its successors or assigns, desires to use the property for
any use o.h r than non-residential use or remove the ground disturbance or groundwater
use restrictions, then Grantee, its successors or assigns, shall perform all additional
environmental remediation required by law and NCDENR for such other uses.
(2) Any such additional remediation beyond non-residential use, or requests to
remove the ground disturbance or groundwater use restrictions, by Grantee, its successors
or assigns shalt also be subject to the review and advance approval of the applicable
federal or state authorities. Alt costs associated with any such additional environmental
remediation necessary shall be the sole responsibility of Grantee, its successors or
assigns.
(3) Upon written request by Grantee. its successors or assigns, and without any payment
of funds by Grantor. Grantor agrees. upon completion of any additional remedial action
18
EXIIIBIT___`` Dr`
7.7-4T `I
Book: 2169 Page: 675 Seq: 14

Page 15 of 16
Book 2169 Pag. 689
No 9999-00143798 15 of 16 pages
performed by Grantee, its successors or assigns, under this paragraph, to cooperate with Grantee,
its successors or assigns, in any application, permit, order, or effort to obtain approval from
appropriate regulators for other than non-residential use or to remove ground disturbance or
groundwater use restrictions and the removal or revision of the restriction.
19
EXIBIT %,
Pa-6-t S°
Book: 2169 Page: 675 Seq: 15

Page 16 of 16
O
O
77.
Ta
213
ea
m
V)
Book 2169 P' 690
No 9999-00143706 16 of 18 pigis
0
CD
ram+
1••
Subject to the limitations contained in the Federal Acquisition Regulation and to the Folio
DISPOSAL SENIOR ACQUISITION :
d
y
JD
PI
-07.
w I ,
9
m
A
o F. O
v
CO 3
rs w
m N C
E v
.
y C p(
9 . G
.4 9
Z' E
. a_w
,
- _m ¢
s 5 g
n §
111
0 c
S o. y U OI
6 y 6, C > m
` m - c CO H .0
O"F ,^
= c v m m
p o G
- . 2 2 a`a'c°n
p G� G 11.
p t L.
7.
3 c
o - •n c
9 9
9 m C
C ee
n N w w C
eh v
} 0. E v S 3 n
C C
^ c C
Y a c m
r] L ^ `C
i
f.
o i •c .
.c v 2 . • a
o u E o
:a%
a � _ - m
c c
0
S ° 3 ._ w
E A ffi IIa c
c e n n
n
C W "a67.
Ihi
z
(Orpalullon)
Book: 2169 Page: 675 Seq: 16