20088 Ark-Les NBP Package for PC 20180305

20088-16-092/Ark-Les Laboratories (Approved for Public Comment 20180305)

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Property Owner: LRG Investments, LLC
Recorded in Book ____, Page ____
Associated plat recorded in Plat Book ____, Page ____

NOTICE OF BROWNFIELDS PROPERTY
Site Name: Ark-Les Laboratories
Brownfields Project Number: 20088-16-092

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

This Notice concerns contaminated property.

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

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

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

The Brownfields Property is located at 3400 Yonkers Road, Raleigh, Wake County (the “Brownfields
Property”). The Brownfields Property is approximately 5.68 acres, is referred to by parcel identification number
1724252035 in the Wake County property records and contains one 68,109 square ft. light industrial building.
Redevelopment plans for the Brownfields Property include industrial, office, warehousing, retail, parking and
other commercial uses only with DEQ’s prior written approval. The Brownfields Property was developed in 1965
with the above referenced building and was initially occupied by a light industrial manufacturer, Stackpole
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Components (later called Ark-Les Electronic Laboratories). Stackpole was a manufacturer of electronic resistors
and switches.

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 Brownfields 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 office, warehousing, retail,
parking, and other commercial uses only with DEQ’s prior written approval. For purposes of this
restriction, the following definitions apply:

a. Industrial defined as the assembly, fabrication, processing, warehousing or distribution of
goods or materials.

b. Office defined as the provision of business or professional services.

c. Parking defined as the temporary accommodation of motor vehicles in an area designed
for same.
d. Warehousing defined as the use of a commercial building for storage of goods by
manufacturers, importers, exporters, wholesalers, transport businesses among others, and also refers to
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the storage of goods and materials for a specific commercial establishment of a group of establishments in
a particular type of industry or commercial activity.

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

f. Retail defined as the sale of goods or services, products, or merchandise directly to the
consumer or businesses and includes showrooms, personal service, and the sales of food and beverage
products.

2. The Brownfields Property may not be used for child care, adult care centers or schools without
the prior written approval of DEQ.

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

4. 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
as in Land Use Restriction No. 1abovewhile fully protecting public health and the environment, except:

a. in connection with landscape planting or maintenance or repair of existing improvements
on the Brownfields Property, only 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 EMP as outlined as
in Land Use Restriction No. 7 below.

e. final grade sampling of any area of the Brownfields Property, if DEQ deems it necessary
in writing, that is not covered by building foundations, sidewalks, or asphaltic or concrete parking areas
and driveways.

5. No dry cleaning operations using chlorinated solvents may be conducted on the property.

6. No enclosed building may be constructed on the Brownfields Property 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 site assessment data or a site-specific risk assessment
approved in writing by DEQ; or
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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.

d. any vapor barrier and/or mitigation systems installed pursuant to Land Use Restriction
No. 6.c. 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.

7. 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 newly discovered potential sources of environmental
contamination (e.g., 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.

8. By January 31 of each year after the completion of this Agreement, for as long as physical
redevelopment of the Brownfields Property continues (except that the final deadline shall fall 90 days after
the conclusion of physical redevelopment), the then owner of the Brownfields Property shall provide DEQ
a report subject to written DEQ approval on environment-related activities since the last report, with a
summary and drawings, that describes:

a. actions taken on the Brownfields Property in accordance with the plan required by Land
Use Restriction No. 7 above;

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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).

9. None of the contaminants known to be present in the environmental media at the Brownfields
Property, as described in Exhibit 2 of the attached Exhibit A and as modified by DEQ in writing if
additional contaminants in excess of applicable standards are discovered at the Brownfields Property, may
be used or stored at the Brownfields Property without the prior written approval of DEQ, except

a. in de minimis amounts for cleaning and other routine housekeeping and maintenance
activities;

b. as fuel or other fluids customarily used in vehicles, landscaping equipment, and
emergency generators;

c. as constituents of products and materials customarily used and stored in residential,
office, retail, and hotel environments, provided such products and materials are stored in original retail
packaging and used and disposed of in accordance with applicable laws; and

d. in products or materials that are brought onto the Brownfields Property, kept in their
original packaging or containers (that is, not used or repackaged), and later removed from the Brownfields
Property in the original packaging or containers.

10. The owner of any portion of the Brownfields Property where any existing, or subsequently
installed, DEQ-approved monitoring well is damaged 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 or unless such damage is caused by DEQ personnel
or consultants, agents, and representatives directly contracted by DEQ.

11. 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.

12. 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
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Notice of Brownfields Property recorded in the Wake County land records, Book ____, Page ____.” A
copy of any such instrument shall be sent to the persons listed in Section XV (Notices and Submissions),
though financial figures 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.

13. 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 Wake
County, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land
use restrictions remains recorded at the Wake 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 [or board, association or approved entity] submitting the LURU if said owner
acquired any part of the Brownfields Property during the previous calendar year; and

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

d. 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 22 and 23 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.

For purposes of the land use restrictions set forth above, the DEQ point of contact shall be the DEQ official
referenced in paragraph 35.a. of attached Exhibit A, 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
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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.

IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly executed this
_____ day of _______________, 201__.

LRG Investments, LLC

By: __________________________________________
Name typed or printed: Charles Faulkner
Title typed or printed: President

NORTH CAROLINA
_______________ COUNTY

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

Date: ___________________ ___________________________________
Official Signature of Notary

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

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************************************
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.

[Name of Owner]

By:
______________________________
_______________
________________________
Name typed or printed: ___________________________ Date

NORTH CAROLINA
_______________ COUNTY

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

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

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************************************
APPROVAL AND CERTIFICATION OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY

The foregoing Notice of Brownfields Property is hereby approved and certified.

North Carolina Department of Environmental Quality

By: _________________________________________ ________________________
Michael E. Scott Date
Director, Division of Waste Management

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EXHIBIT A

NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY

IN THE MATTER OF: LRG Investment, LLC

UNDER THE AUTHORITY OF THE ) BROWNFIELDS AGREEMENT re:
BROWNFIELDS PROPERTY REUSE ACT ) Ark-Les Laboratories
OF 1997, NCGS § 130A-310.30, et seq. ) 3400 Yonkers Road
Brownfields Project # 20088-16-092 ) Raleigh, Wake County
I. INTRODUCTION
This Brownfields Agreement (“Agreement”) is entered into by the North Carolina
Department of Environmental Quality (“DEQ”) and LRG Investment, LLC (collectively the
“Parties”) pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
seq. (the “Act”) for property located at 3400 Yonkers Road, Raleigh, Wake 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.
LRG Investment is a North Carolina limited liability company. Its principal officer is
Charles Faulkner and its principal place of business is located at 3400 Yonkers Rd, Suite 110,
Raleigh, NC 27604. The Brownfields Property is approximately 5.68 acres and referred to by
parcel identification number 1724252035 in the Wake County property records and contains one
68,109 square ft. light industrial building. Redevelopment plans for the Brownfields Property
include industrial, office, warehousing, retail, parking, and commercial uses only with DEQ’s
prior written approval. The Brownfields Property is surrounded by land in commercial and
industrial use to the east, north and south, and recreational to the west of the property.

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Groundwater, sub-slab soil gas and soil vapor are contaminated at the Brownfields Property due
to historical activities.
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 LRG Investment, LLC for contaminants at the Brownfields Property.
The Parties agree that LRG Investment, LLC’s entry into this Agreement, and the actions
undertaken by LRG Investment, LLC in accordance with the Agreement, do not constitute an
admission of any liability by LRG Investment, LLC for contaminants at the Brownfields
Property. The resolution of this potential liability, in exchange for the benefit LRG Investment,
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 LRG Investment, LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property comprises one parcel totaling 5.68 acres. Prospective

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Developer has committed itself to redevelopment for no uses other than industrial, office, retail,
warehousing, parking and commercial uses only with DEQ’s prior written approval.
4. The Brownfields Property is bordered to the north by Yonkers Road and
commercial/retail property; to the east by Yonkers Road and I-440; to the south by recreational
fields owned by St. David’s School and commercial property; and to the west by St. David’s
School recreational fields. An adjoining building and property occupied by a commercial
wholesale florist (3510 Yonkers Road), that was once part of the Ark-Les facility and which was
subsequently subdivided, is not part of the Brownfields Property.
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
Limited Phase II Assessment Results -
Metals Sampling
Former Ark-Les Laboratories
The John R McAdams
Company
August 31, 2017
2nd Round Vapor Intrusion Indoor Air
Testing Report – Former Ark-Les
Laboratories
The John R McAdams
Company
August 8, 2017
Report of Findings, Vapor Intrusion
Evaluation – 3400 Yonkers Road, Raleigh,
NC
Highlands Environmental
Solutions, Inc.
January 10, 2017

Vapor Indoor Air Testing Report, Former
Ark-Les Laboratories – 3400 Yonkers
Road, Raleigh, NC
The John R McAdams
Company
January 11, 2017
Groundwater Quality Assessment Report The EI Group, Inc. November 2016

Phase I Environmental Site Assessment The EI Group, Inc. December 30,
2014
Limited Phase II Environmental Site
Assessment
The EI Group, Inc. December 30,
2014

6. For purposes of this Agreement, DEQ relies on the following representations by

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Prospective Developer as to use and ownership of the Brownfields Property:
a. Prior to 1965 the Brownfields Property was undeveloped and/or used for
agricultural purposes.
b. The Brownfields Property was developed in 1965 with one building which was
initially occupied by a light industrial manufacturer, Stackpole Components (later called Ark-Les
Electronic Laboratories). This building was expanded several times in the 1970s to its current
configuration, which has been the configuration of the building since the 1980s. Stackpole
Components and/or Ark-Les Electronic Laboratories operated as a manufacturer of electronic
resistors and switches on the Brownfields Property until roughly 2005. Floor drains were
identified during Phase I activities, (The EI Group, Inc., completed a Phase I Environmental Site
Assessment dated December 30, 2014, referred to herein as the “2014 Phase I”) in the
warehouse, restrooms, and laboratory portions of the building, and were reported to be connected
to the municipal sewer system. As reported in the 2014 Phase I, prior hazardous materials
accumulation occurred in the building located on the adjoining property (3410 Yonkers Road)
that is not part of this Brownfields Property. c. Ownership of the Brownfields Property was
transferred from Stackpole Components (Ark-Les Laboratories) to Bruce Macneil, Trustee of
Bras D’Or Nominee Realty Trust (the owner of Ark-Les Laboratories), who owned the property
until 2005. Since 2005, the Brownfields Property has been owned by a succession of parties and
a portion of the Brownfields Property has been leased to Hughes Plumbing Supply, Ltd or its
successor in interest Hajoca Corporation.
d. The prospective developer purchased the Brownfields Property on March 10,

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2017. The building is currently occupied by Faulkner Haynes & Associates, a provider of
commercial HVAC and IT Infrastructure Power and Cooling Solutions. The building located on
the adjoining land is occupied by a M. Adler’s Son, Inc., a distributor of florist supplies, and is
not part of the Brownfields Property.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. A Phase II environmental assessment was completed in two phases in March
2013 and February 2014. Results from the 2013 assessment (but not the 2014 assessment)
identified trichloroethylene (TCE) in groundwater above NC 2L standards. No soil
contamination was detected in previous site assessment activities. A soil gas and sub-slab soil
gas investigation was conducted on December 1, 2016. Tricholoroethylene was detected in one
sub-slab sample above non-residential screening criteria. Indoor air quality testing was
performed at the Brownfields Property on January 11, 2017, and on August 8, 2017. In both
cases, the testing found no exceedance of non-residential screening levels.
b. The site is currently listed on the Inactive Hazardous Sites Branch inventory
(ID NCN000402583) under Stackpole Components/Ark-Les Labs due to detections of TCE
above groundwater NC 2L Standards.
c. According to the Phase I ESA (The EI Group, Inc, 2014), several
environmental conditions of concern were noted during a 1996 Phase I assessment in the
building located on the adjoining property at 3410 Yonkers Road (now occupied by M. Alder’s
Son, Inc.), including hazardous waste accumulation and a floor trench drain. That property is

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also included in the Inactive Hazardous Sites Branch inventory (ID NCN000402583) under
Stackpole Components/Ark-Les Labs.
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred between October 24, 2016 and August 31, 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 November 22, 2016, and
purchasing the Brownfields Property on March 10, 2017.
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
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;

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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:
a. an increase in the Brownfields Property’s productivity;
b. the creation of jobs including construction jobs during redevelopment and full-
time jobs after redevelopment is completed;
c. an increase in tax revenue for affected jurisdictions; and

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d. “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 to a DEQ-approved Environmental Management Plan (EMP)
required by this Section.
15. By way of the Notice of Brownfields Property referenced below in paragraph 20,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. All references to DEQ shall be understood to include any successor in function.

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a. No use may be made of the Brownfields Property other than for office,
warehousing, retail, parking, and commercial uses only with DEQ’s prior written approval. For
purposes of this restriction, the following definitions apply:
i. “Industrial” defined as the assembly, fabrication, processing,
warehousing or distribution of goods or materials.
ii. “Office” defined as the provision of business or professional services.
iii. “Parking” defined as the temporary accommodation of motor vehicles
in an area designed for same.
iv. “Warehousing” defined as the use of a commercial building for storage
of goods by manufacturers, importers, exporters, wholesalers, transport businesses among others,
and also refers to the storage of goods and materials for a specific commercial establishment of a
group of establishments in a particular type of industry or commercial activity.
v. “Commercial” defined as an enterprise carried on for profit or nonprofit
by the owner, lessee or licensee.
vi. “Retail” defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and beverage products.
b. The Brownfields Property may not be used for child care, adult care centers or
schools without the prior written approval of DEQ.
c. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ.

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d. 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 15.a above while fully protecting public
health and the environment, except:
i. in connection with landscape planting or maintenance or repair of existing
improvements on the Brownfields Property, only 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 related
assessment and remedial measures required by DEQ shall be taken and;
iv. in connection to work conducted in accordance with a DEQ-approved
EMP as outlined in subparagraph 15.g.
v. final grade sampling of any area of the Brownfields Property, if DEQ
deems it necessary in writing, that is not covered by building foundations, sidewalks, or asphaltic
or concrete parking areas and driveways.
e. No dry cleaning operations using chlorinated solvents may be conducted on the
property.
f. No enclosed building may be constructed on the Brownfields Property until
DEQ determines in writing that:

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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 site 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
implementation of said measures. The design specifications shall include methodology(ies) for
demonstrating performance of said measures.
iv. any vapor barrier and/or mitigation systems installed pursuant to
subparagraph 15.f.iii 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.
g. 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

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subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including
without limitation:
i. 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 to this Agreement;
iii. contingency plans for addressing newly discovered potential sources of
environmental contamination (e.g., 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.
h. By January 31 of each year after the completion of this Agreement, for as long
as physical redevelopment of the Brownfields Property continues (except that the final deadline
shall fall 90 days after the conclusion of physical redevelopment), the then owner of the
Brownfields Property shall provide DEQ a report subject to written DEQ approval on
environment-related activities since the last report, with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with the plan
required by subparagraph 15.m below;

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ii. soil grading and cut and fill actions;
iii. methodology(ies) employed for field screening, sampling and
laboratory analysis of environmental media;
iv. stockpiling, containerizing, decontaminating, treating, handling,
laboratory analysis and ultimate disposition of any soil, groundwater or other materials suspected
or confirmed to be contaminated with regulated substances; and
v. removal of any contaminated soil, water or other contaminated
materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
i. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified by DEQ
in writing if additional contaminants in excess of applicable standards are discovered at the
Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except
i. in de minimis amounts for cleaning and other routine housekeeping
and maintenance activities;
ii. as fuel or other fluids customarily used in vehicles, landscaping
equipment, and emergency generators;
iii. as constituents of products and materials customarily used and
stored in residential, office, retail, and hotel environments, provided such products and materials
are stored in original retail packaging and used and disposed of in accordance with applicable

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laws; and
iv. in products or materials that are brought onto the Brownfields
Property, kept in their original packaging or containers (that is, not used or repackaged), and later
removed from the Brownfields Property in the original packaging or containers.
j. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged 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
or unless such damage is caused by DEQ personnel or consultants, agents, and representatives
directly contracted by DEQ.
k. 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.
l. 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 Wake County land
records, Book ____, Page ____.” A copy of any such instrument shall be sent to the persons
listed in Section XV (Notices and Submissions), though financial figures related to the
conveyance may be redacted to the extent said redactions comply with the confidentiality and

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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.
m. During January of each year after the year in which the Notice referenced below
in paragraph 20 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 Wake County, certifying that, as of said January
1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at
the Wake 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; and
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. LURU’s submitted for any portion of the Brownfields Property that

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contains rental units shall include a list of tenants and their addresses.
iv. 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 22 and 23 of this agreement 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.
16. 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.
17. 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.
18. 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
19. In addition to providing access to the Brownfields Property pursuant to subparagraph
15.k 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.
20. 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 Wake
County, North Carolina, Register of Deeds’ Office. Within three (3) days thereafter, Prospective
Developer shall furnish DEQ a copy of the documentary component of the Notice containing a
certification by the register of deeds as to the Book and Page numbers where both the
documentary and plat components of the Notice are recorded, and a copy of the plat with
notations indicating its recordation.

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21. This Agreement shall be attached as Exhibit A to the Notice of Brownfields
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 Wake County land records, Book ____, Page ____.” A copy of any such
instrument shall be sent to the persons listed in Section XV (Notices and Submissions), 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.
22. 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
23. 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

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shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in paragraph 35.a. below of
any such required notification.
VIII. CERTIFICATION
24. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated November 22, 2016 by which it applied for this
Agreement. That use is industrial, office, retail, warehousing, parking and commercial uses only
with DEQ’s prior written approval. 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

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

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Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
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.
26. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.

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27. 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.
28. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 25 through 27 above apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
29. 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
30. 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.

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XII. DISCLAIMER
31. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer’s duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
32. Except for the land use restrictions set forth in paragraph 15 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
33. 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,

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the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XIV. PAYMENT OF ENFORCEMENT COSTS
34. 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
35. 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 L. Schmithorst (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646

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Raleigh, NC 27699-1646

b. for Prospective Developer:

Charles Faulkner (or successor in function)
LRG Investment, LLC
3400 Yonkers Road, Suite 110
Raleigh, NC 27604

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.
XVI. EFFECTIVE DATE
36. 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
37. 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)

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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
38. 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.
39. 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.
40. 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
41. 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

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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:

By:
____________________________________________________________________________
Name typed or printed: Charles Faulkner Date
Title typed or printed:

SITE LOCATION MAP
3400 Yonkers Road-Kimshe
Raleigh, North Carolina
N
Not AvailableORIGINAL SCALE:
QUAD:Raleigh East, NC
PROJECT NUMBER:ENMO160157.00
FIGURE NUMBER:1
EXHIBIT 1

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Exhibit 2
The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred in August 2017. The following tables set forth, for
contaminants present at the Brownfields Property above unrestricted use standards or
screening levels, the concentration found at each sample location, and the applicable
standard or screening level. Screening levels and applicable 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
Concentration
Exceeding
Standard
(g/L)
Standard
(g/L)
Trichloroethylene MW-5 10/24/2016 29 3
Trichloroethylene MW-6 10/24/2016 18 3

SUB-SLAB SOIL VAPOR
Sub-slab vapor contaminants in micrograms per cubic meter, the screening levels for
which are derived from the Non-Residential Vapor Intrusion Screening Levels of the
Division of Waste Management (October 2017 version):

Sub-slab Soil Vapor
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening Level
(µg/m3)
Non-Residential
Screening Level1
(µg/m3)
Trichloroethylene VP-7 12/01/2016 222 180
1Screening levels displayed for non-carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for potential carcinogens are for a 1.0E-5 lifetime incremental cancer risk.

SUB-SLAB VAPOR CONTAMINANTS IN MICROGRAMS PER CUBIC METER, THE SCREENING LEVELS FOR WHICH AREDERIVED FROM THE NON-RESIDENTIAL VAPOR INTRUSION SCREENING LEVELS OF THE DIVISION OF WASTEMANAGEMENT (OCTOBER 2017 VERSION):()LEVEL1 ()1. SCREENING LEVELS DISPLAYED FOR NON-CARCINOGENS ARE FOR A HAZARD QUOTIENT EQUAL TO 0.2. SCREENING LEVELS DISPLAYEDFOR POTENTIAL CARCINOGENS ARE FOR A 1.0E-5 LIFETIME INCREMENTAL CANCER RISK.
”“”“”“”
EXHIBIT C

BEGINNING AT AN EXISTING IRON PIPE ON THE SOUTHERN RIGHT OF WAY OF YONKERS ROAD
(260' PUBLIC R/W), SAID PIPE HAVING THE FOLLOWING N.C. GRID COORDINATES(NAD83)(2011)
NORTHING:745,323.6027' AND EASTING:2,122,368.2001', THENCE WITH THE SOUTHERN RIGHT
OF WAY OF YONKERS ROAD S 49°53'13" E A DISTANCE OF 237.27 FEET TO A SET IRON PIPE,
THENCE LEAVING SAID RIGHT OF WAY S 40°25'50" W A DISTANCE OF 257.37 FEET TO A POINT
ON THE FACE OF WALL FOR THE EXISTING BUILDING, THENCE WITH THE BUILDING WALL S
49°39'04" E A DISTANCE OF 141.41 FEET TO A POINT ON THE FACE OF WALL, THENCE LEAVING
THE BUILDING WALL S 40°09'02" W A DISTANCE OF 167.32 FEET TO A SET IRON PIPE, THENCE N
44°29'14" W A DISTANCE OF 27.37 FEET TO AN EXISTING IRON PIPE, THENCE N 66°45'16" W A
DISTANCE OF 70.78 FEET TO AN EXISTING IRON ROD, THENCE S 75°42'10" W A DISTANCE OF
70.78 FEET TO A SET IRON PIPE, THENCE N 49°02'10" W A DISTANCE OF 230.79 FEET TO A SET
IRON PIPE, THENCE N 38°56'54" E A DISTANCE OF 21.80 FEET TO AN EXISTING IRON ROD,
THENCE N 50°50'06" W A DISTANCE OF 194.72 FEET TO A SET IRON PIPE, THENCE N 00°39'42" W
A DISTANCE OF 262.54 FEET TO A SET IRON PIPE, THENCE S 88°02'21" E A DISTANCE OF 453.21
FEET TO THE POINT OF BEGINNING CONTAINING 247,556 SQUARE FEET OR 5.683 ACRES MORE
OR LESS.