21008_Peace St_PCBFPkg_20190516

NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY
Site Name: Peace Street Phase II
Brownfields Project Number: 21008-17-092
North Carolina's Brownfields Property Reuse Act (the "Act"), North Carolina General Statutes
("NCGS") § 130A-310.30 through 130A-310.40, provides for the safe redevelopment of properties that may
have been or were contaminated by past industrial and commercial activities. One of the Act's
requirements is this Notice of Intent to Redevelop a Brownfields Property approved by the North Carolina
Department of Environmental Quality ("DEQ"). See NCGS § 130A-310.34(a). The Notice of Intent must
provide, to the extent known, a legal description of the location of the brownfields property, a map showing
the location of the Brownfields Property, a description of the contaminants involved and their
concentrations in the media of the Brownfields Property, a description of the intended future use of the
Brownfields Property, any proposed investigation and remediation, and a proposed Notice of Brownfields
Property prepared in accordance with NCGS § 130A-310.35. The party ("Prospective Developer") who
desires to enter into a Brownfields Agreement with DEQ must provide a copy of this Notice to all local
governments having jurisdiction over the Brownfields Property. The proposed Notice of Brownfields
Property for a particular brownfields project is attached hereto; the proposed Brownfields Agreement,
which is attached to the proposed Notice of Brownfields Property as Exhibit A, contains the other required
elements of this Notice. Written public comments may be submitted to DEQ within 30 days after the latest
of the following dates: the date the required summary of this Notice is (1) published in a newspaper of
general circulation serving the area in which the Brownfields Property is located, (2) conspicuously posted
at the Brownfields Property, and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written requests for a public meeting may be submitted to DEQ within 21 days
after the period for written public comments begins. Those periods will start no sooner than May 20, 2019
and will end on the later of: a) 30 and 21 days, respectively, after that; or b) 30 and 21 days, respectively,
after completion of the latest of the three (3) above -referenced dates. All comments and meeting requests
should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Peace Street Phase II/21008-17-092/14May2019
I

SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Site Name: Peace Street Phase II
Brownfields Project Number: 21008-17-092
Pursuant to NCGS § 130A-310.34, Chaucer Investments, LLC, as Prospective Developer, has filed
with the North Carolina Department of Environmental Quality ("DEQ") a Notice of Intent to Redevelop a
Brownfields Property ("Property") in Raleigh, Wake County, North Carolina. The Brownfields Property,
which is the former site of multiple commercial businesses including Rollins Cleaners and automotive
services and consists of approximately 2.38 acres with the original addresses of 304 & 312 W. Johnson Street
(304 W. Johnson Street is now recombined with 312 W. Johnson Street), 401 & 407 W. Peace Street, 501 N.
Dawson Street (now recombined with 517 Capital Boulevard), 506 N. Harrington Street, and 517 & 523
Capital Boulevard (with 523 Capital Boulevard now recombined with 517 Capital Boulevard).
Environmental contamination exists on the Brownfields Property in groundwater, soil, soil gas, and was
detected in sub -slab vapor and indoor air in buildings that have since been demolished. Chaucer Investments,
LLC has committed itself for no uses other than office, retail, hotel, high -density residential, and
associated recreational space and parking, and subject to DEQ's prior written approval, other commercial
uses on the Brownfields Property. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a
proposed Brownfields Agreement between DEQ and Chaucer Investments, LLC, which in turn includes (a)
a map showing the location of the Property, (b) a description of the contaminants involved and their
concentrations in the media of the Property, (c) the above -stated description of the intended future use of the
Brownfields Property, and (d) proposed investigation and remediation; and (2) a proposed Notice of
Brownfields Property prepared in accordance with NCGS § 130A-310.35.
The full Notice of Intent to Redevelop a Brownfields Property may be reviewed at Cameron Village
Regional Library, 1930 Clark Avenue, Raleigh, NC 27605 by contacting Robert Lambert at that address, at
robert.lambert(a-),wakegov.com, or at [phone]; or at the offices of the N.C. Brownfields Program, 217
West Jones Street, Raleigh, NC or by contacting Shirley Liggins at that address, at
shirley.liggins(ancdenr.gov, or at [phone]. The full Notice of Intent may also be viewed online at the
DEQ public record database, Laserfiche, by entering the project number 21008-17-092 into the search bar at
the following web address: http://edocs.deg.nc.gov/WasteManagement.
Written public comments may be submitted to DEQ within 30 days after the latest of the following
dates: the date this Notice is (1) published in a newspaper of general circulation serving the area in which
the Brownfields Property is located, (2) conspicuously posted at the Brownfields Property, and (3) mailed or
delivered to each owner of property contiguous to the Brownfields Property. Written requests for a public
meeting may be submitted to DEQ within 21 days after the period for written public comments begins. Those
periods will start no sooner than May 20, 2019, and will end on the later of. a) 30 and 21 days, respectively,
after that; or b) 30 and 21 days, respectively, after completion of the latest of the three (3) above -referenced
dates. All public comments and public meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
Peace Street Phase II/21008-17-092/14May2019

Property Owner: Chaucer Investments, LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Site Name: Peace Street Phase II
Brownfields Project Number: 21008-17-092
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 201_ by
Chaucer Investments, LLC ("Prospective Developer").
This Notice concerns contaminated property.
A copy of this Notice certified by the North Carolina Department of Environmental
Quality ("DEQ") is required to be filed in the Register of Deeds' Office in the county or
counties in which the land is located, pursuant to North Carolina General Statutes
("NCGS"), § 130A-310.35(b).
This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate
the danger to public health or the environment posed by environmental contamination at a
property ("Brownfields Property") being addressed under the Brownfields Property Reuse
Act of 1997, NCGS § 130A, Article 9, Part 5 ("Act").
Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified
copy of this Notice within 15 days of Prospective Developer's receipt of DEQ's approval of
the Notice or Prospective Developer's entry into the Brownfields Agreement required by the
Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the
grantor index under the names of the owners of the land and, if Prospective Developer is not
the owner, also under the Prospective Developer's name.
The Brownfields Property is comprised of approximately 2.38 acres of previously commercial
property located on the north side of downtown Raleigh formerly at the addresses of 304 & 312
W. Johnson Street, 401 & 407 W. Peace Street, 501 N. Dawson Street, 506 N. Harrington Street,
and 517 and 523 Capital Boulevard. Certain of the parcels have been recombined. The parcel at
304 W. Johnson Street has been recombined with 312 W. Johnson Street. The parcels of 501 N.
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Dawson Street and 523 Capital Boulevard have been recombined into 517 Capital Boulevard.
There have been multiple longstanding former operations on the Brownfields Property, including
Rollins Cleaners, and other services such as shoe repair, upholstery, automotive repair, catering,
and Finch's Restaurant. The Prospective Developer has committed itself to redevelopment of the
Brownfields Property for no uses other than office, retail, hotel, high -density residential, and
associated recreational space and parking, and subject to DEQ's prior written approval, other
commercial uses.
The Brownfields Agreement between Prospective Developer and DEQ is attached
hereto as Exhibit A. It sets forth the use that may be made of the Brownfields Property and
the measures to be taken to protect public health and the environment, and is required by
NCGS § 130A-310.32. The Brownfields Agreement's Exhibit 2 consists of one or more data
tables reflecting the concentrations of and other information regarding the Property's
regulated substances and contaminants.
Attached as Exhibit B to this Notice is a reduction, to 8 1/2" x 11", of the survey
plat component of this Notice. This plat shows areas designated by DEQ, has been
prepared and certified by a professional land surveyor, meets the requirements of NCGS §
47-30, and complies with NCGS § 130A-310.35(a)'s requirement that the Notice identify:
(1) The location and dimensions of the areas of potential environmental concern with
respect to permanently surveyed benchmarks.
(2) The type, location and quantity of regulated substances and contaminants known to
exist on the Brownfields Property.
Attached hereto as Exhibit C is a legal description of the Brownfields Property that would
be sufficient as a description of the property in an instrument of conveyance.
LAND USE RESTRICTIONS
NCGS § 130A-310.35(a) also requires that the Notice identify any restrictions on the
current and future use of the Brownfields Property that are necessary or useful to maintain the
level of protection appropriate for the designated current or future use of the Brownfields Property
and that are designated in the Brownfields Agreement. The restrictions shall remain in force in
perpetuity unless canceled by the Secretary of DEQ (or its successor in function), or his/her
designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e). All
references to DEQ shall be understood to include any successor in function.
The land use restrictions below have been excerpted verbatim from paragraph 15 of
the Brownfields Agreement, and all subparagraph letters/numbers are the same as those
used in the Brownfields Agreement. The following land use restrictions are hereby imposed
on the Brownfields Property:
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a. No use may be made of the Brownfields Property other than office, retail,
hotel, high -density residential, and associated recreational space and parking, and subject
to DEQ's prior written approval, other commercial uses. For purposes of this restriction,
the following definitions apply:
i. "Office" is defined as the provision of business or professional
services;
ii. "Retail" is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal
service, and the sales of food, beverage and consumer products, although drycleaning
operations that use chlorinated solvents are specifically prohibited;
iii. "Hotel" is defined as the provision of overnight lodging to paying
customers, and to associated food services, gym, reservation, cleaning, utilities, parking and
on -site hospitality, management and reception services;
iv. "High Density Residential" is defined as permanent dwellings
where residential units are attached to each other with common walls, such as condominia,
apartments, group homes, dormitories or boarding houses, and any property outside the
dwelling structures is usable by all residents and not privately owned as part of a
particular unit, and may include related amenities, such as pools, clubhouses, courtyards,
common areas, recreation areas and parking garages. Single family homes are prohibited,
and townhomes, duplexes, or other units with yards are prohibited unless approved in
writing by DEQ in advance;
V. "Recreational space" is defined as courtyards and indoor exercise -
related, physically focused, or leisure -related activities, whether active or passive, and the
facilities for same;
vi. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same; and
vii. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. 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:
i. soil and water management issues, including without limitation
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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, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators, soil
contamination); and
iv. plans for the proper characterization of, and, as necessary, disposal
of contaminated soils excavated during redevelopment.
c. Within 90 days after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues
(except that the final deadline shall fall 90 days after the conclusion of physical
redevelopment), the then owner of the Brownfields Property shall provide DEQ a report
subject to written DEQ approval on environment -related activities since the last report,
with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with land
use restrictions in this Section;
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).
d. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, demolition and/or renovation of any or
all buildings on the Brownfields Property depicted on the plat component of the Notice
referenced in paragraph 20 below shall be in accordance with applicable legal
requirements, including without limitation those related to lead and asbestos abatement
that are administered by the Health Hazards Control Unit within the Division of Public
Health of the North Carolina Department of Health and Human Services.
e. Groundwater at the Brownfields Property may not be used for any
purpose without the prior written approval of DEQ.
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f. 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 above in subparagraph 15.a.
while fully protecting public health and the environment, except:
inches;
i. in connection with landscape planting to depths not exceeding 24
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall
be given written notice at least seven days in advance of a scheduled repair (if only by
email) of any such repair, or in emergency circumstances no later than the next business
day, and that any related assessment and remedial measures required by DEQ shall be
taken; and
iv. in connection to work conducted in accordance with a DEQ-
approved Environmental Management Plan (EMP) as outlined above in subparagraph
15.b.
g. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ's satisfaction and the written approval of
DEQ, unless conducted in accordance with an approved EMP as outlined in Paragraph
15.b.
h. No enclosed building may be constructed on the Brownfields Property
until DEQ determines in writing that:
i. the building is or would be protective of the building's users, public
health and the environment from risk of vapor intrusion based on site assessment data or a
site -specific risk assessment approved in writing by DEQ;
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.
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i. 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.
j. 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 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.
k. None of the contaminants known to be present in the environmental media
at the Brownfields Property, as described in Exhibit 2 of this Agreement and as modified
by DEQ in writing if additional contaminants in excess of applicable standards are
discovered at the Brownfields Property, may be used or stored at the Brownfields Property
without the prior written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine
housekeeping and maintenance activities;
ii. as constituents of products and materials customarily used and
stored in office, parking, retail, and high -density residential settings, provided such
products and materials are stored in original retail packaging and used and disposed of in
accordance with applicable laws; and
iii. as constituents of fuels, lubricants and oils in emergency
generators, machinery, equipment and vehicles in on -board tanks integral to said
equipment or in flammable liquid storage containers totaling no more than 25 gallons.
1. The Brownfields Property may not be used as a playground, or for child
care centers or schools, without the prior written approval of DEQ.
m. The owner of any portion of the Brownfields Property where any
existing, or subsequently installed, DEQ-approved monitoring well is damaged by the
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owner, its contractors, or its tenants shall be responsible for repair of any such wells to
DEQ's written satisfaction and within a time period acceptable to DEQ, unless compliance
with this Land Use Restriction is waived in writing by DEQ in advance.
n. 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 1 st, 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, or board, association or approved entity
submitting the LURU if said owner (or each of the owners on whose behalf the joint LURU
is submitted) acquired any part of the Brownfields Property during the previous calendar
year;
ii. the transferee's name, mailing address, telephone and facsimile
numbers, and contact person's e-mail address, if said owner (or each of the owners on
whose behalf the joint LURU is submitted) transferred any part of the Brownfields
Property during the previous calendar year; and
iii. whether any vapor barrier and/or mitigation systems installed
pursuant to subparagraph 15.h.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;
o. A property owners' association or other entity may perform this LURU's
duties, on behalf of some or all owners of the Brownfields Property, if said association or
entity has accepted responsibility for such performance pursuant to a notarized instrument
satisfactory to DEQ that includes at a minimum, the name, mailing address, telephone and
facsimile numbers, and e-mail address of each owner on whose behalf the LURU is
proposed to be submitted.
p. A joint LURU may be submitted for multiple owners by a duly constituted
board or association and shall include the name, mailing address, telephone and facsimile
numbers, and contact person's e-mail address of the entity submitting the joint LURU as
well as for each of the owners on whose behalf the joint LURU is submitted.
q. 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 21 and 22 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.
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For purposes of the land use restrictions set forth above, the DEQ point of contact shall be
the DEQ official referenced in subparagraph 35.a. of Exhibit A hereto, at the address stated
therein.
ENFORCEMENT
The above land use restrictions shall be enforceable without regard to lack of privity of
estate or contract, lack of benefit to particular land, or lack of any property interest in particular
land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The
land use restrictions may also be enforced by DEQ through the remedies provided in NCGS §
130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having
jurisdiction over any part of the Brownfields Property; and by any person eligible for liability
protection under the Brownfields Property Reuse Act who will lose liability protection if the
restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the
Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement
by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any
of the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to
the same violation or as to one occurring prior or subsequent thereto.
FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Brownfields Property is sold, leased, conveyed or transferred,
pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the
description section, in no smaller type than that used in the body of the deed or instrument, a
statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a
brownfields property under the Brownfields Property Reuse Act.
IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this day of , 201_
Chaucer Investments, LLC
Owen D. Williams
Manager
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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:
1.2
(Official Seal)
Official Signature of Notary
Notary's printed or typed name, Notary Public
My commission expires:
************************************
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
Michael E. Scott
Director, Division of Waste Management
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Date

EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: Chaucer Investments, LLC
UNDER THE AUTHORITY OF THE
BROWNFIELDS PROPERTY REUSE ACT
OF 1997, NCGS § 130A-310.30, et SeMc .
Brownfields Project #21008-17-092
I. INTRODUCTION
BROWNFIELDS AGREEMENT re:
Peace Street Phase II
304 & 312 W. Johnson Street
401 & 407 W. Peace Street
501 N. Dawson Street
506 N. Harrington Street
517 & 523 Capital Boulevard
Raleigh, Wake County
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and Chaucer Investments, LLC (collectively the
"Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
seq. (the "Act") for the property located on the north side of downtown Raleigh with the original
addresses of 304 & 312 W. Johnson Street (304 W. Johnson Street has been recombined with
312 W. Johnson Street), 401 & 407 W. Peace Street, 501 N. Dawson Street (now recombined
with 517 Capital Boulevard, 506 N. Harrington Street, and 517 and 523 Capital Boulevard (with
523 Capital Boulevard now recombined with 517 Capital Boulevard (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.
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The Prospective Developer is Chaucer Investments, LLC, a manager -managed limited
liability corporation registered in North Carolina on January 1, 2016. The principal address of
the Prospective Developer is 3111 Glenwood Avenue, Raleigh, North Carolina, 27612. Chaucer
Investments, LLC is managed by Owen D. Williams, one of its principals. The Prospective
Developer has proposed redevelopment of the Brownfields Property for no uses other than
office, retail, hotel, high -density residential, and associated recreational space and parking, and
subject to DEQ's prior written approval, other commercial uses.
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 Chaucer Investments, LLC for contaminants at the Brownfields Property.
The Parties agree that Chaucer Investments, LLC's entry into this Agreement, and the
actions undertaken by Chaucer Investments, LLC in accordance with the Agreement, do not
constitute an admission of any liability by Chaucer Investments, LLC for contaminants at the
Brownfields Property. The resolution of this potential liability, in exchange for the benefit
Chaucer Investments, LLC shall provide to DEQ, is in the public interest.
2
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IL 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 Chaucer Investments, LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property comprises five parcels totaling approximately 2.38 acres
(Parcel ID 1704517838, 1704516902, 1704515724, 1704515652, and 1704516698); originally,
the Brownfields Property was comprised of eight parcels but was recently recombined into five
parcels. Additional acreage was also originally part of the candidate property, but approximately
0.9 acres of the original property became easements for North Carolina Department of
Transportation (NCDOT) roadway and overpass improvements along Capital Boulevard, N.
Harrington Street, and W. Johnson Street, and is not therefore part of the Brownfields Property.
The Prospective Developer has committed itself to redevelopment of the Brownfields Property
for no uses other than office, retail, hotel, high -density residential, and associated recreational
space and parking, and subject to DEQ's prior written approval, other commercial uses.
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4. The Brownfields Property is bordered to the north by Peace Street with the Capital
Boulevard interchange beyond; to the east by Capital Boulevard with commercial property
beyond; to the south by W. Johnson Street with the former Seaboard Lubricator &
Manufacturing Co. building and other commercial buildings beyond; and to the west by a former
car wash and auto repair facility and other commercial buildings, which have been replaced by
the new extension of N. Harrington Street and by the Smokey Hollow redevelopment, which
itself is subject to a Brownfields Agreement (Brownfields Project No. 20024-16-92).
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
One % Investigation Report, Rollins Economy
Cleaners, DSCA ID: DC92-0048, 407 W. Peace
Hart & Hickman, PC
March 7, 2013
Street, Raleigh, North Carolina
Prioritization Assessment Report, Rollins
Economy Cleaners, DSCA ID: DC92-0048, 407
Hart & Hickman, PC
December 19, 2013
W. Peace Street, Raleigh, North Carolina
Indoor Air Sample Results, Rollins Economy
Cleaners, DSCA ID: DC92-0048, 407 W. Peace
Hart & Hickman, PC
August 28, 2014
Street, Raleigh, North Carolina
Proctor
Phase I Environmental Site Assessment, Peace
Environmental
Street and Capital Boulevard Parcel
Services, Inc. &
January 15, 2017
Assemblage, Raleigh, North Carolina
Aptus Management,
PLLC
Interim Action Work Plan, Rollins Cleaners,
Hart & Hickman, PC
October 22, 2018
M
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Title
Prepared by
Date of Report
One % Investigation Report, Rollins Economy
Cleaners, DSCA ID: DC92-0048, 407 W. Peace
Hart & Hickman, PC
March 7, 2013
Street, Raleigh, North Carolina
Prioritization Assessment Report, Rollins
Economy Cleaners, DSCA ID: DC92-0048, 407
Hart & Hickman, PC
December 19, 2013
W. Peace Street, Raleigh, North Carolina
Indoor Air Sample Results, Rollins Economy
Cleaners, DSCA ID: DC92-0048, 407 W. Peace
Hart & Hickman, PC
August 28, 2014
Street, Raleigh, North Carolina
407 W. Peace Street, DSCA ID: DC92-0048
Release Abatement Report — Detergent Release
Highlands
Incident, Former Rollins Cleaners, 407 W.
Environmental
November 15, 2018
Peace Street, Raleigh, North Carolina
Solutions, Inc.
Revised Site Assessment Report
Aptus Management,
PLLC
January 4, 2019
Interim Action Completion Report
Hart & Hickman, PC
May 14, 2019
6. For purposes of this Agreement, DEQ relies on the following representations by
Prospective Developer as to use and ownership of the Brownfields Property:
a. As of 1914, the Brownfields Property was residential or undeveloped. By 1950,
the Brownfields Property had transitioned to a mix of residential structures and commercial
operations including a restaurant, drycleaning and laundry operations, a shoe repair shop and an
upholstery store fronting Peace Street, and a bottling works in the central area of the Brownfields
Property and a furniture repair shop off W. Johnson Street. By 1972, additional commercial
operations, including a second drycleaning location, an electronic services shop, and an auto
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repair shop were operating in the eastern portion of the Brownfields Property.
b. Most of the buildings on the Brownfields Property were demolished in late
2017, and shortly thereafter NCDOT began road and overpass improvements in the vicinity of
the Brownfields Property. In late 2018, the remaining buildings, including the drycleaner
building and the other storefronts along Peace Street were demolished to ready the site for
redevelopment, including conducting remedial activities under the NC Drycleaning Solvent
Cleanup Act (DSCA) program.
c. The Brownfields Property is currently zoned DX- 12-SH (i.e., Downtown
Mixed Use, 12-Story, Shopfront) under the City of Raleigh's Unified Development Ordinance,
commonly referred to as the UDO. The Brownfields Property was created as a land assemblage
initially consisting of eight tax parcels with the following former street addresses and parcel
identification numbers (PIN): Parcel 1: 401 W. Peace Street, PIN 1704517934; Parcel 2: 407 W.
Peace Street, PIN 1704516902; Parcel 3: 523 Capital Boulevard, PIN 1704517812; Parcel 4: 506
N. Harrington Street, PIN 1704515724; Parcel 5: 312 W. Johnson Street, PIN 1704515652;
Parcel 6: 304 W. Johnson Street, PIN 1704516670; Parcel 7: 517 Capital Boulevard, PIN
1704516781; and Parcel 8: 501 N. Dawson Street, PIN 1704517632. Five of the parcels were
recombined in 2016. Parcels 1 and 3 (401 W. Peace Street and 523 Capital Boulevard,
respectively) were recombined into PIN 1704517838 and assigned the address of 401 W. Peace
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Street on December 18, 2016 (Wake County Registry of Deeds, Book 016642/Page 02004).
Parcel 7 (517 Capital Boulevard) and portions of Parcels 6 and 8 (304 W. Johnson Street and 501
N. Dawson Street, respectively) were recombined into PIN 1704516698 and assigned the address
of 517 Capital Boulevard on December 18, 2016 (Wake County Registry of Deeds, Book
016642/Page 02032). Parcels 2, 4, and 5 have retained their PIN as noted above, although
portions of Parcels 4 and 5 have been removed for inclusion in the W. Johnson Street
improvements as have the southern portions of Parcels 6 and 8.
d. Historical information about each parcel is provided below:
i. Parcel 1 was developed with single-family residences by at least 1914.
By at least 1941, a commercial building for the restaurant Finch's was constructed in the
northeastern portion of the Brownfields Property. Finch's remained on the Brownfields Property
until 2017 when the NCDOT demolished structures to make way for the Capital Boulevard
overpass improvements. By 1950, a one-story commercial building that originally housed a
plumbing operation was also constructed on this parcel immediately west of the restaurant. An
automotive electronic sales and service operation occupied this space from at least 1952 through
1992, and a printing shop, Grassroots Press occupied space in this building from at least 2003
through 2013. Also by 1950, a storefront along Peace Street, which most recently housed
Williams Upholstery was constructed; Williams Upholstery also used space in the commercial
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BFA Peace Street Phase I1/21008-17-092/14May2019

building just west of Finch's. Parcel 1 was most recently owned by Margie M. Fuller, who also
owned Parcel 2. The Prospective Developer purchased this parcel on December 19, 2016.
ii. Parcel 2 was vacant until about 1941 by which time a one-story
commercial building for use as a laundry and drycleaner was constructed along Peace Street.
The cleaners were operated under various names, initially Economy Cleaners; by 1977, Flints
Economy Cleaners; and by 1988, Rollins Cleaners. Tetrachloroethylene (PCE) transfer
drycleaning equipment and petroleum hydrocarbon based solvent equipment were in use at this
drycleaning facility through at least 1986, when the equipment was replaced with PCE dry -to -dry
equipment. Other structures associated with the cleaners' business were constructed toward the
rear of this parcel, including a towel laundry and boiler room, and at least one underground
storage tank (UST), which was believed to have contained petroleum hydrocarbon drycleaning
solvent. By 1950, an additional building was constructed along Peace Street, which housed
Lanier Company Dictating Machines offices and most recently, Custom Design Furniture and
Fabrics. By 1962, a third building was constructed on this parcel between Rollins Cleaners and
Custom Design Furniture and Fabrics, which housed Watkins' Shoe Shop. This parcel was most
recently owned by Margie M. Fuller. The Prospective Developer purchased this parcel on
September 24, 2018.
BFA Peace Street Phase I1/21008-17-092/14May2019

iii. Parcel 3 was developed with dwellings from at least 1914 only
through 1950. By 1959, additional commercial buildings are noted directly to the south of the
restaurant space on Parcel 1. By 1972, one of these buildings was occupied by a drycleaner
operation in a location separate from the cleaners noted on Parcel 2 located to the west. By 2003,
the building located at 521 Capital Boulevard was used by a catering company, initially by
Picnic Works and then by 2008, Posh Nosh Catering, Inc. through at least 2013. In addition, the
building at 523 Capital Boulevard was vacant in 1992, but was occupied by 2008 by Capital
Pawn and Jewelry, and then by 2013, Unique Motor Sports. The most recent property owner
was Margie M. Fuller. The Prospective Developer purchased this parcel on December 19, 2016.
iv. Parcel 4 was first developed by 1950 with a building housing a botting
works. By 1972, the bottling works building had been demolished and a larger commercial
structure had been constructed along the western parcel boundary. Dental businesses occupied
this building in the 1970s, including Litton Dental Products by 1972 and Patterson Dental Co. by
1977. By 1988, the use in the building changed to computer sales and service or other related
uses operated at various times by Century Data Systems, Inc., Creative Business Systems, or
Retail Data Systems Corp. through at least 1982. By 2003, until the parcel was purchased for
this redevelopment, the building was occupied by the North Carolina State Board of Elections.
Since 2006, the Mann Family Properties of Raleigh I has owned this parcel beginning in 2006
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BFA Peace Street Phase I1/21008-17-092/14May2019

until selling to the Prospective Developer on December 22, 2016.
v. Parcel 5 was developed at least by 1914 with dwellings, which occupied
the parcel until at least 1950. By 1950, there is also a furniture repair business in operation
behind a dwelling approximately at the eastern parcel boundary. By 1962, the building at 310
W. Johnson Street was occupied by a contractor, Grissoms Grading and Hauling Co. By 1972,
the other dwellings and the furniture repair business had been demolished. By 1952, the dwelling
along the western portion of the parcel was replaced with a wholesale dry goods warehouse and a
shoe warehouse, which operated until at least 2003. Later operations were related to educational
companies through 2013. This parcel was most recently owned by Hester & Hester, which
acquired the parcel on November 4, 1998. The Prospective Developer purchased this parcel on
December 13, 2016.
vi. Parcel 6 was developed with a dwelling and a commercial building
along W. Johnson Street by 1914, but these are replaced by a club house by 1950, which was
then owned by the Baptist Council and was used for a Baptist Goodwill Center and a Baptist
nursery through the 1950s. All structures were removed from this parcel by 1972, and the parcel
remained vacant or was used only for parking since that time. Beginning in 1961, Parcel 6 was
owned by the King Family, who operated the automotive business at Parcels 7 and 8. The
Prospective Developer purchased this parcel on December 19, 2016.
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vii. Parcel 7 was initially developed with dwellings fronting Dawson
Street (later referred to as Downtown Boulevard and then Capital Boulevard) by 1914 and
through at least 1950. By 1952, auto repair operations were being conducted on this parcel
(Kings's Auto through 1992, and later Harrison Automotive, and most recently by Raleigh Hitch,
Inc.) Parcel 7 was owned by the King Family beginning in 1952, and was purchased by the
Prospective Developer on December 19, 2016.
viii. Parcel 8 was developed by 1914 with a dwelling. By 1965 and as
evident in 1968 aerial photography, commercial structures and multiple vehicles are present on
Parcel 8, which were related to the auto service operations on Parcel 7 as this parcel was also
owned by the King Family. This parcel appears to have been used for auto storage and as an
auto scrap yard. Parcel 8 was owned by the King Family beginning in 1955, and was purchased
by the Prospective Developer on December 19, 2016.
e. Approximately 0.9 acres of certain portions of Parcels 1, 3, 4, 5, 6, 7, and 8
were placed into an easement for NC DOT overpass and road improvements in the area. An
Easement with Control of Access is recorded in Book 16637, Page 43, Wake County Register of
Deeds, and an Agreement between the prior owner of Parcels 1, 2, and 3, Margie Marie Fuller,
and the NCDOT is recorded in Book 16637, Page 48, Wake County Register of Deeds.
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7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. The Rollins Economy Cleaners site (Parcel 2) at 407 W. Peace Street has been
used for decades for drycleaning operations and is a known contaminated property in the NC
DSCA Program, and was assigned DSCA ID No. 920048. Therefore, the DSCA Program is
responsible for certain assessment and/or remedial actions at the Rollins site as per its
authorizing regulation (the Dry -Cleaning Solvent Cleanup Act of 1997, as amended, Part 6,
Article 21A, Chapter 143, N.C.G.S.§ 143-215.104A ET SEQ). After acquiring the Rollins
Economy Cleaners in September 2018, the Prospective Developer became the "Petitioner" under
the DSCA Program on October 10, 2018.
b. Remedial activities have been conducted at the former Rollins Cleaners site by
a DSCA contractor commencing in 2017 with the removal of a drycleaning solvent UST, and
then in late 2018 through March 2019, the scope of which entailed the excavation of certain
PCE-impacted soil with onsite ex -situ treatment using a proprietary EVO-steam distillation
treatment process. Treated soils were stockpiled at the facility pending confirmatory sampling
and were hauled offsite to the EVO Corporation facility in Winston-Salem, NC. The remedial
activities resulted in the removal, treatment and offsite disposal of 419.24 tons of PCE-impacted
soil. Before the excavated areas were backfilled with clean stone, sodium persulfate and
12
BFA Peace Street Phase I1/21008-17-092/14May2019

hydrated lime was applied to the base of the excavations to foster in -situ degradation of
remaining contaminated soil.
c. Other potential sources of contamination that were evaluated at the Brownfields
Property stem from former onsite automotive service operations (King's Auto Service, Inc., NC
UST Section Incident No. 16226, which is closed), including the former use of hydraulic lifts
and possible above ground storage tanks (ASTs) or underground storage tanks (USTs), and other
historic dry-cleaning and commercial operations conducted at the Brownfields Property.
d. In November 2018, the release of less than 10 gallons of a non -hazardous spot
remover product, Royaltone Detergent Plus, from a 15-gallon drum near the rear of the Rollins
Cleaners building was discovered to have impacted surface soil in a localized area. The Safety
Data Sheet for this product indicated that it contained no PCE and no hazardous or petroleum
hydrocarbon -based substances. Some of the product had solidified. It and the impacted surface
soil were removed, along with the 15-gallon container, and disposed of offsite in one overpack
drum on November 14, 2018.
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on March 6, 2019. 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. Screening levels and standards are shown for
13
BFA Peace Street Phase I1/21008-17-092/14May2019

reference only and are not set forth as cleanup levels for the purposes of this Agreement.
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 February 10, 2017, and the
following:
a. On December 13, 2016, Prospective Developer purchased one of the parcels of
the Brownfields Property located at 312 W. Johnson Street (Parcel No. 5).
b. On December 19, 2016, Prospective Developer purchased five of the parcels of
the Brownfields Property located at 401 W. Peace Street, 523 & 517 Capital Boulevard, 304 W.
Johnson Street, and 501 N. Dawson Street (Parcels Nos. 1, 3, 6, 7, and 8).
c. On December 22, 2016, Prospective Developer purchased one of the parcels of
the Brownfields Property located at 506 N. Harrington Street (Parcel No. 4).
d. On March 10, 2016, Prospective Developer contracted to purchase one of the
parcels of the Brownfields Property located at 407 W. Peace Street (Parcel No. 2) and on
September 24, 2018, Prospective Developer purchased the parcel at 407 W. Peace Street.
e. Since early 2016, Prospective Developer negotiated access to the Brownfields
Property for NC DOT roadway and overpass improvements in the site vicinity and as a laydown
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BFA Peace Street Phase I1/21008-17-092/14May2019

area for inert materials and equipment for the nearby construction at the Smokey Hollow
Brownfields Property, negotiated the closure of the cleaners with the owner of the property, and
coordinated remedial activities with DSCA staff.
f. On October 10, 2018, Prospective Developer signed on as Petitioner for the
DSCA program.
g. The NC DOT demolished certain of the buildings on the Brownfields Property
in 2017 that was in association with the road improvements for Capital Boulevard, Harrington
Street, and W. Johnson Street.
h. In 2017 and in November 2018, Prospective Developer demolished the
remaining buildings at the Brownfields Property.
h. On October 10, 2018, Prospective Developer allowed access to DSCA
contractors to commence remedial activities at the Brownfields Property, which were completed
in March 2019.
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
15
BFA Peace Street Phase I1/21008-17-092/14May2019

environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
11. The Parties agree that a $30,000 "Redevelopment Now" fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a
change is sought to a Brownfields document after it is in effect, in which case there shall be an
16
BFA Peace Street Phase I1/21008-17-092/14May2019

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. a return to productive use of the Brownfields Property;
b. a key component of the City of Raleigh's plans for Capital Boulevard corridor
improvements and the Peace Street area revitalization, which will help anchor downtown
Raleigh's northern perimeter, and serve as a gateway linking downtown Raleigh and Capital
Boulevard;
c. a spur to additional community investment and redevelopment, through
improved neighborhood appearance;
d. the creation of an estimated 50 permanent commercial/retail jobs, and
hundreds of temporary construction -related jobs during redevelopment of the Brownfields
Property;
e. an increase in tax revenue for affected jurisdictions;
f. a mixed -use anchor development consistent with the City of Raleigh's Unified
Development Ordinance and Comprehensive Plan, providing housing opportunities, office space,
and retail services for the area;
17
BFA Peace Street Phase I1/21008-17-092/14May2019

g. expanded opportunities to walk to work and other nearby services and
amenities, and use of public transportation, which reduces traffic, improves air quality, and
reduces our carbon footprint; and
h. "smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe ("greenfields").
V. WORK TO BE PERFORMED
13. In redeveloping the Brownfields Property, Prospective Developer shall make
reasonable efforts to evaluate applying sustainability principles at the Brownfields Property,
using the nine (9) areas incorporated into the U.S. Green Building Council Leadership in Energy
and Environmental Design certification program (Sustainable Sites, Water Efficiency, Energy &
Atmosphere, Materials & Resources, Indoor Environmental Quality, Locations & Linkages,
Awareness & Education, Innovation in Design and Regional Priority), or a similar program.
14. Based on the information in the Environmental Reports, and subject to imposition of
and compliance with the land use restrictions set forth below, and subject to Section IX of this
Agreement (DEQ's Covenant Not to Sue and Reservation of Rights), DEQ is not requiring
Prospective Developer to perform any active remediation at the Brownfields Property other than
remediation that may be required pursuant to a DEQ-approved Environmental Management Plan
(EMP) required by this Section.
B
BFA Peace Street Phase I1/21008-17-092/14May2019

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 being remediated to
unrestricted use standards. All references to DEQ shall be understood to include any successor
in function.
a. No use may be made of the Brownfields Property other than office, retail,
hotel, high -density residential, and associated recreational space and parking, and subject to
DEQ's prior written approval, other commercial uses. For purposes of this restriction, the
following definitions apply:
i. "Office" is defined as the provision of business or professional services;
ii. "Retail" is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food, beverage and consumer products, although drycleaning operations that use
chlorinated solvents are specifically prohibited;
iii. "Hotel" is defined as the provision of overnight lodging to paying
customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on -
site hospitality, management and reception services.
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BFA Peace Street Phase I1/21008-17-092/14May2019

iv. "High Density Residential" is defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit, and may include
related amenities, such as pools, clubhouses, courtyards, common areas, recreation areas and
parking garages. Single family homes are prohibited, and townhomes, duplexes, or other units
with yards are prohibited unless approved in writing by DEQ in advance;
v. "Recreational space" is defined as courtyards and indoor exercise -
related, physically focused, or leisure -related activities, whether active or passive, and the
facilities for same;
vi. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same; and
vii. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. 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
20
BFA Peace Street Phase I1/21008-17-092/14May2019

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, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators, soil
contamination); and
iv. plans for the proper characterization of, and as necessary, disposal of
contaminated soils excavated during redevelopment.
c. Within 90 days after each one-year anniversary of the effective date of this
Agreement for as long as physical redevelopment of the Brownfields Property continues (except
that the final deadline shall fall 90 days after the conclusion of physical redevelopment), the then
owner of the Brownfields Property shall provide DEQ a report subject to written DEQ approval
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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 land use
restrictions in this Section;
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).
d. Unless compliance with this Land Use Restriction is waived in writing in
advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
in paragraph 20 below shall be in accordance with applicable legal requirements, including
without limitation those related to lead and asbestos abatement that are administered by the
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Health Hazards Control Unit within the Division of Public Health of the North Carolina
Department of Health and Human Services.
e. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ.
f. 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 above in subparagraph 15.a. while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined above in subparagraph 15.b.
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g. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ, unless
conducted in accordance with an approved EMP as outlined in Paragraph 15.b.
h. No enclosed building may be constructed on the Brownfields Property until
DEQ determines in writing that:
i. the building is or would be protective of the building's users, public
health and the environment from risk of vapor intrusion based on site assessment data or a site -
specific risk assessment approved in writing by DEQ;
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
24
BFA Peace Street Phase I1/21008-17-092/14May2019

demonstrating performance of said measures.
i. 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.
j. 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
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
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BFA Peace Street Phase I1/21008-17-092/14May2019

said leases, to the persons listed in Section XV.
k. 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:
in de minimis quantities for cleaning and other routine
housekeeping and maintenance activities;
ii. as constituents of products and materials customarily used and
stored in office, parking, retail, hotel, and high -density residential settings, provided such
products and materials are stored in original retail packaging and used and disposed of in
accordance with applicable laws; and
iii. as constituents of fuels, lubricants and oils in emergency
generators, machinery, equipment and vehicles in on -board tanks integral to said equipment or in
flammable liquid storage containers totaling no more than 25 gallons.
1. The Brownfields Property may not be used as a playground, or for child care
centers or schools, without the prior written approval of DEQ.
in. The owner of any portion of the Brownfields Property where any existing, or
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subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants shall be responsible for repair of any such wells to DEQ's written satisfaction and
within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance.
n. 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 1 st 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 1 st, 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, or board, association or approved entity submitting the
LURU if said owner (or each of the owners on whose behalf the joint LURU is submitted)
acquired any part of the Brownfields Property during the previous calendar year;
ii. the transferee's name, mailing address, telephone and facsimile
numbers, and contact person's e-mail address, if said owner (or each of the owners on whose
behalf the joint LURU is submitted) transferred any part of the Brownfields Property during the
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previous calendar year; and
iii. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 15.h.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;
o. A property owners' association or other entity may perform this LURU's
duties, on behalf of some or all owners of the Brownfields Property, if said association or entity
has accepted responsibility for such performance pursuant to a notarized instrument satisfactory
to DEQ that includes at a minimum, the name, mailing address, telephone and facsimile
numbers, and e-mail address of each owner on whose behalf the LURU is proposed to be
submitted.
p. A joint LURU may be submitted for multiple owners by a duly constituted
board or association and shall include the name, mailing address, telephone and facsimile
numbers, and contact person's e-mail address of the entity submitting the joint LURU as well as
for each of the owners on whose behalf the joint LURU is submitted.
q. 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 21 and 22 of this agreement provided that if standard
BFA Peace Street Phase I1/21008-17-092/14May2019

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.i. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
29
BFA Peace Street Phase I1/21008-17-092/14May2019

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
30
BFA Peace Street Phase I1/21008-17-092/14May2019

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.
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 related to the conveyance may be redacted. 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
31
BFA Peace Street Phase I1/21008-17-092/14May2019

date of this Agreement.
VIL 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
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
32
BFA Peace Street Phase I1/21008-17-092/14May2019

DEQ approval, it will make no use of the Brownfields Property other than that committed to in
the Brownfields Property Application dated February 10, 2017, by which it applied for this
Agreement. That use is office, retail, hotel, high -density residential, and associated recreational
space and parking, and subject to DEQ's prior written approval, other commercial uses.
Prospective Developer also certifies that to the best of its knowledge and belief it has fully and
accurately disclosed to DEQ all information known to Prospective Developer and all information
in the possession or control of its officers, directors, employees, contractors and agents which
relates in any way to any past use of regulated substances or known contaminants at the
Brownfields Property and to its qualification for this Agreement, including the requirement that
it not have caused or contributed to the contamination at the Brownfields Property.
IX. DEO'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
33
BFA Peace Street Phase I1/21008-17-092/14May2019

the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
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
34
BFA Peace Street Phase I1/21008-17-092/14May2019

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.
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 sue.
35
BFA Peace Street Phase I1/21008-17-092/14May2019

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 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.
36
BFA Peace Street Phase I1/21008-17-092/14May2019

XII. DISCLAIMER
31. 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
37
BFA Peace Street Phase I1/21008-17-092/14May2019

such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. 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:
Brownfields Property Management Unit (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
BFA Peace Street Phase I1/21008-17-092/14May2019

b. for Prospective Developer:
Owen D. Williams, Manager
Chaucer Investments, LLC
3111 Glenwood Avenue
Raleigh, NC 27612
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 of 15 days following such receipt. 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
39
BFA Peace Street Phase I1/21008-17-092/14May2019

requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XVIII. CONTRIBUTION PROTECTION
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
M
BFA Peace Street Phase I1/21008-17-092/14May2019

starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
property contiguous to the Brownfields Property. After expiration of that period, or following a
public meeting if DEQ holds one pursuant to NCGS § 130A-310.34(c), DEQ may modify or
withdraw its consent to this Agreement if comments received disclose facts or considerations
which indicate that this Agreement is inappropriate, improper or inadequate.
IT IS SO AGREED:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
By:
Michael E. Scott Date
Director, Division of Waste Management
IT IS SO AGREED:
By:
Owen D. Williams, Manager
Chaucer Investments, LLC
41
BFA Peace Street Phase I1/21008-17-092/14May2019
Date

Exhibit 1 — Site Location Ma„ Source: USGS 7.5 Minute Topographic Map Raleigh West, Scale: 1:24,000
r North Carolina Quadrangle 2013
Peace Street Phase II Site
PESPROCTOR Peace Street and Capital Boulevard
ENVIRONMENTAL Raleigh, North Carolina
`1 SERVICES, INC. NCBP Project No. 21008-17-92

Exhibit 2
The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on March 6, 2019. 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 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
(µg/L)
Standard
(µg/L)
Benzene
TMW-15
9/17/2013
1.1
1
n-Butylbenzene
TMW-4
2/7/2013
2,520
70
Sec-Butylbenzene
TMW-4
2/7/2013
1,520
70
Tert-Butylbenzene
TMW-4
2/7/2013
549
70
Chromium
B-2W
3/2/2018
71
10
B-3W
3/2/2018
18
B-6W
3/2/2018
20
Cis-1,2-Dichloroethylene
TMW-4
2/7/2013
115,000
70
TMW-5
2/7/2013
3,880
TMW-6
2/7/2013
597
TMW-12
9/16/2013
190
TMW-13
9/16/2013
930
TMW-14
9/17/2013
460
TMW-16
9/17/2013
460
TMW-21
9/ 18/2013
149000
Trans-1,2-Dichloroethylene
TMW-4
2/7/2013
10,100
100
TMW-5
2/7/2013
726
TMW-15
9/17/2013
430
TMW-21
9/18/2013
260J
Ethylbenzene
TMW-4
2/7/2013
808
600
Isopropylbenzene
TMW-4
2/7/2013
1,160
70
21008-17-092/Peace Street/ I Way2019

Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Standard
(µg/L)
Standard
(µg/L)
Isopropyltoluene (p-cymene)
TMW-4
2/7/2013
1,700
25
TMW-5
2/7/2013
26.9
Naphthalene
TMW-4
2/7/2013
2,680
6
TMW-5
2/7/2013
134
TMW-15
9/17/2013
11.6
n-Propylbenzene
TMW-4
2/7/2013
2,660
70
Tetrachloroethylene
B-9W
3/2/2018
4.4
0.7
TMW-3
2/7/2013
691
TMW-4
2/7/2013
955,000
TMW-5
2/7/2013
148
TMW-6
2/7/2013
285
TMW-12
9/16/2013
120
TMW-13
9/16/2013
27,000
TMW-14
9/16/2013
12,000
TMW-15
9/17/2013
38.4
TMW-16
9/17/2013
180
TMW-19
9/17/2013
57.7
TMW-21
9/18/2013
36,000
TMW-22
9/18/2013
7.3
TMW-23
9/18/2013
1.3
TMW-27
9/18/2013
10.2
TMW-29
9/19/2013
15.4
TMW-30
9/19/2013
11.7
TMW-31
9/19/2013
1.5
TMW-32
9/19/2013
7.4
Trichloroethylene
TMW-3
2/7/2013
51.6
3
TMW-4
2/7/2013
76,100
TMW-5
2/7/2013
474
TMW-6
2/7/2013
338
TMW-12
9/16/2013
320
TMW-13
9/16/2013
660
TMW-14
9/17/2013
250
TMW-15
9/17/2013
5.3
21008-17-092/Peace Street/ 13May2019

Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Standard
(µg/L)
Standard
(µg/L)
Trichloroethylene
TMW-16
9/17/2013
380
3
TMW-19
9/17/2013
4.6
TMW-21
9/18/2013
2,200
TMW-22
9/18/2013
3.2
TMW-29
9/18/2013
3.2
Total Xylenes
TMW-4
2/7/2013
911
500
1,2,4-Trimethylbenzene
TMW-4
2/7/2013
21,300
400
1,3,5-Trimethylbenzene
TMW-4
2/7/2013
2,880
400
Vinyl Chloride
TMW-3
2/7/2013
1.69
0.03
TMW-4
2/7/2013
7,520
TMW-5
2/7/2013
1,930
TMW-6
2/7/2013
116
TMW-12
9/16/2013
15
TMW-15
9/17/2013
1,900
TMW-16
9/17/2013
590
TMW-18
9/17/2013
0.95
TMW-30
9/19/2013
0.901
J — Estimated value between the method detection limit and the laboratory reporting limit.
21008-17-092/Peace Street/ 13May2019

GROUNDWATER WITH THE POTENTIAL FOR VAPOR INTRUSION
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
the screening levels for which are derived from the Residential Vapor Intrusion Screening Levels
of the Division of Waste Management (February 2018 version):
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
(µg/L)
Screening
LevelLevel (µg/L)
Ethylbenzene
TMW-4
2/7/2013
808
35
Isopropylbenzene
TMW-4
2/7/2013
11160
180
Naphthalene
TMW-4
2/7/2013
2,680
35
TMW-5
2/7/2013
134
n-Propylbenzene
TMW-4
2/7/2013
2,660
490
Tetrachloroethylene
TMW-3
2/7/2013
691
12
TMW-4
2/7/2013
955,000
TMW-5
2/7/2013
148
TMW-6
2/7/2013
285
TMW-12
9/16/2013
120
TMW-13
9/16/2013
27,000
TMW-14
9/16/2013
12,000
TMW-15
9/17/2013
38.4
TMW-16
9/17/2013
180
TMW-19
9/17/2013
57.7
TMW-21
9/18/2013
36,000
TMW-29
9/19/2013
15.4
Trichloroethylene
TMW-3
2/7/2013
51.6
1.0
TMW-4
2/7/2013
76,100
TMW-5
2/7/2013
474
TMW-6
2/7/2013
338
TMW-12
9/16/2013
320
TMW-13
9/16/2013
660
TMW-14
9/17/2013
250
TMW-15
9/17/2013
5.3
TMW-16
9/17/2013
380
TMW-19
9/17/2013
4.6
21008-17-092/Peace Street/ I Way2019
4

Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
(µg/L)
Screening
LevelLevel (µg/L)
Trichloroethylene
TMW-21
9/18/2013
2,200
1.0
TMW-22
9/18/2013
3.2
TMW-29
9/18/2013
3.2
Total Xylenes
TMW-4
2/7/2013
911
77
1,2,4-Trimethylbenzene
TMW-4
2/7/2013
21,300
50
1,3,5-Trimethylbenzene
TMW-4
2/7/2013
29880
35
Vinyl Chloride
TMW-3
2/7/2013
1.69
1.5
TMW-4
2/7/2013
7,520
TMW-5
2/7/2013
1,930
TMW-6
2/7/2013
116
TMW-12
9/16/2013
15
TMW-15
9/17/2013
1,900
TMW-16
9/17/2013
590
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
21008-17-092/Peace Street/ 13May2019

SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Residential Health- Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section
(February 2018 version):
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Level'
(mg/kg)
Arsenic2
13-1S/Dup
4.5-5.5
3/02/2018
10/2.9
0.68
B-3S
3-4
1.3J
B-4S
3-4
4.9
B-5S
3-4
2.6
B-6S
4.5-5.5
1.9
B-7S
3-4
1.1J
B-8S
3-4
I AJ
B-9S
3-4
2.1
Benzo[a]pyrene
B-3S
3-4
3/02/2018
0.43
0.11
Ethylbenzene
SB-2
1-2
02/07/13
9.1
6.1
Napththalene
SB-2
1-2
02/07/13
30.0
4.10
SB-2
6-7
02/07/13
7.87
SB-21
3-4
09/18/13
4.2 J
1,2-Dichloroethane
C-4 SW'
3
12/6/2018
0.901
0.49
Tetrachloro ethylene
SB-21
3-4
9/18/2013
4.2J
17
SB-5
1-2
02/07/13
31.8
B-2 SW
3
3/6/2019
27.6
B-3 SW
3
3/6/2019
29.6
B-4 SW
3
3/6/2019
65.8
C-4 SW
3
12/6/2018
48.8
SB-34
1-2
2/17/2017
21.3
SB-35
2-3
2/16/2017
31.4
SB-38
0-1
2/16/2017
19.6
Trichloroethylene
A-3 SW
3
12/4/2018
1.39
0.87
A-4 SW
3
12/5/2018
6.4
B-2 SW
3
3/6/2019
2.7
B-3 SW
3
3/6/2019
2.71
B-4 SW
3
3/6/2019
4.33
C-2 SW
3
12/6/2018
0.88
SB-5
1-2
02/07/13
5.57
SB-5
5-6
02/07/13
23.4
21008-17-092/Peace Street/ I Way2019

Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening
Level
(mg/kg)
Residential
Screening
Level'
(mg/kg)
Trichloroethylene
SB-6
1-2
2/07/2013
3.73
0.87
SB-6
5-6
2/07/2013
1.04
SB-30
7-8
2/16/2017
1.74
1,2,4-Trimethylbenzene
SB-21
3-4
9/18/2013
100
63
Vinyl Chloride
A-1 SW
3
12/4/2018
0.286
0.061
A-2 SW
3
12/4/2018
0.433
A-3 SW
3
12/4/2018
2.36
A-4 SW
3
12/5/2018
0.071
B-6 SW
3
3/6/2019
0.0896
Excavation 4
3
10/20/2017
0.0981
SB-2
1-2
02/07/13
0.15
SB-5
5-6
02/07/13
0.398
SB-6
5-6
2/07/2013
0.228
SB-8
2-3
09/16/13
0.53
SB-9
2-3
09/16/13
1.1
SB-30
7-8
2/16/2017
0.524
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
2Arsenic concentrations in soil exceed the residential screening level for arsenic, but concentrations are
consistent with common background concentrations in NC soil.
3SW- Code added to sample identifier to denote a confirmatory excavation side wall sample.
21008-17-092/Peace Street/ 13May2019

SUB -SLAB VAPOR
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (February 2018 version):
Sub -Slab Vapor
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening Level
(µg/m3)
Residential
Screening
Level'
(µg/m3)
n-Butylbenzene
SSVP-2
9/23/2013
6.6J
NS
Cis-1,2-Dichloroethylene
SSVP-1
9/23/2013
160
NS
SSVP-2
9/23/2013
3,000
Trans-1,2-Dichloroethylene
SSVP-1
9/23/2013
35
NS
SSVP-2
9/23/2013
550
SSVP-4
10/02/2013
23
Tetrachloroethylene
SSVP-2
9/23/2013
79,000
280
SSVP-3
10/02/2013
1,900
Trichloroethylene
SSVP-1
9/23/2013
97
14
SSVP-2
9/23/2013
9,800
SSVP-3
10/02/2013
20
SSVP-4
10/02/2013
220
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
Sub -slab vapor samples were collected beneath foundations for buildings that were demolished in 2018.
J — estimated value between the method detection limit and the laboratory reporting limit
NS — No screening level established
21008-17-092/Peace Street/ I Way2019

SOIL GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (February 2018 version):
Concentration
Residential
Soil Gas Contaminant
Sample
Date of
Exceeding
Screening
Location
Sampling
Screening
Level'
Level (µg/rn)
(µg/rn )
Cis-1,2-Dichloroethene
SGMP-1
9/20/2013
140
NS
SGMP-2
9/20/2013
0.47
Trans-1,2-
SGMP-1
9/20/2013
59
NS
Dichloroethene
SGMP-1
9/20/2013
220,000
SGMP-3
9/20/2013
980
Tetrachloroetbylene
280
SGMP-9
9/20/2013
3,300
Trichloroethylene
SGMP-1
9/20/2013
3,500
14
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
NS — No screening level established
21008-17-092/Peace Street/ I Way2019

INDOOR AIR
Indoor air contaminants in micrograms per cubic meter, the screening limits for which are
derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (February 2018 version):
Indoor Air Contaminant2
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Residential
Screening
Level'
(µg/m3)
Acetone
IAS-1
2/04/2014
12,000E
6,500
Benzene
IAS-1
2/04/2014
1.7J
0.36
IAS-2
2/04/2014
2.2
IAS-3
2/04/2014
1.2
IAS-4
2/04/2014
1.2
Chloroform
IAS-4
2/04/2014
0.35
0.12
Ethylbenzene
IAS-1
2/04/2014
30
1.1
IAS-2
2/04/2014
2.1
IAS-4
2/04/2014
1.5
Naphthalene
IAS-2
2/04/2014
0.34
0.083
IAS-3
2/04/2014
0.17J
IAS-4
2/04/2014
0.66
Tetrachloroethylene
IAS-1
6/02/2014
150
8.3
IAS-2
2/04/2014
10
IAS-6
6/02/2014
420
Toluene
IAS-1
2/04/2014
6,700
1,000
Total Xylenes
IAS-1
2/04/2014
149
21
Trichloroethylene
IAS-1
2/04/2014
12
0.42
IAS-2
2/04/2014
1.5
IAS-4
2/04/2014
0.48
1,2,4-Trimethylbenzene
IAS-1
2/04/2014
57
13
IAS-4
2/04/2014
220E
1,3,5-Trimethylbenzene
IAS-1
2/04/2014
23IAS-4
13
2/04/2014
63
'Screening limits displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
2nndoor air samples were collected from within former onsite commercial buildings that were demolished
in 2018.
J — estimated value between the method detection limit and the laboratory reporting limit
E — Estimated concentration over calibration range
21008-17-092/Peace Street/ I Way2019
10

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1, RUDOLF A VANDERVELDE JR, PLS, CERTIFY THAT THIS PLAT WAS DRAWN
UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY
SUPERVISION (DEED DESCRIPTION RECORDED IN BOOK (SEE), PAGE (MAP), THAT
THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM
INFORMATION FOUND IN BOOK (SEE), PAGE (MAP), THAT THE RATIO OF
PRECISION AS CALCULATED IS 1: 20,000; THAT THIS PLAT WAS PREPARED IN
ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE,
LICENSE NUMBER AND SEAL
THIS XX DAY OF APRIL, A.D., 2019.
I ALSO CERTIFY THAT THIS PLAT (Cl):
C(1) THAT THE SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND OR
ONE OR MORE EXISTING EASEMENTS AND DOES NOT CREATE A NEW STREET OR
CHANGE AN EXISTING ;STREET. FOR THE PURPOSES OF THIS SUBSECTION, AN
EXISTING PARCEL" OR EXISTING EASEMENT" IS AN AREA OF LAND DESCRIBED
IN A SINGLE, LEGAL DESCRIPTION OR LEGALLY RECORDED SUBDIVISION THAT
HAS BEEN OR MAY BE LEGALLY CONVEYED TO A NEW OWNER BY DEED IN ITS
EXISTING CONFIGURATION.
RUDOLF A. VANDERVELDE JR
L-5146
REVISIONS:
SITE MAP
DB
P/N:
TY OF RALEIGH /
12531 PG 472
1704-52-8222
W JOHNSON STREET
66' PUBLIC R/W
BM 1985 PG 594
F— — — — — — T — — — _
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PIN: 1704-51-5431 ATTORNEYS OFFICE
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100 0 50 100 200
1 inch = 100 ft.
CAR OZ
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Itlk
W JOHNSON STREET
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BM 1985 PG 594
F— — — — — — T — — — _
436 PTNR LLC I
I DB 14547 PG 1604 I WAKE COUNTY
PIN: 1704-51-5431 ATTORNEYS OFFICE
DB 3720 PG 808
I PIN: 1704-51-6171
I
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100 0 50 100 200
1 inch = 100 ft.
CAR OZ
�® nFESS10
"PRELIMINARY PLAT"
NOT FOR CONVEYANCE,A RECORDATION, OR SALES
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ASSOCIATES LLC
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DB 7559 PG 768
PIN: 1704-61-0412
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DATE:4-15-19 EXHIBIT B TO THE NOTICE OF BROWNFIELDS PROPERTY - SURVEY PLAT
SCALE: T° = Too' OWNER Et PROSPECTIVE DEVELOPER: CHAUCER INVESTMENTS, LLC
SURVEYED BY: RI BROWNFIELDS PROJECT NO. 21008-17-092
PEACE STREET PHASE II SITE
DRAWN BY: RAV MULTIPLE ADDRESSES (SEE MAP)- RALEIGH NC 27603
CHECI< & CLOSURE BY: JMA
TOWNSHIP: RALEIGH COUNTY: WAKE STATE: NORTH CAROLINA
CAD FILE: DONUT BROWNSFIELD
PROJECT NO:02150109.00 1 ZONING: MULTIPLE - SEE MAP I PIN: MULTIPLE - SEE MAP
SHEET 1 OF 4
NOTES
1. AREAS COMPUTED BY COORDINATE METHOD.
2. BASIS OF BEARING NAD 83(2001)
3. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES.
4. THE AREAS AND TYPES OF CONTAMINATION DEPICTED
HEREON ARE APPROXIMATIONS DERIVED FROM THE BEST
AVAILABLE INFORMATION AT THE TIME OF FILING. A LISTING
OF THE TECHNICAL REPORTS USED TO PREPARE THIS PLAT
AREA AVAILABLE IN THE BROWNFIELDS AGREEMENT FOR
THIS PROPERTY.
5. A PORTION OF THIS PROPERTY IS LOCATED IN A
DESIGNATED FEMA FLOOD PLAIN AS SHOWN ON THE
FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD
INSURANCE RATE NO. 3720170400J PANEL 1704,
EFFECTIVE DATE MAY 2, 2006. (SEE MAP)
6. THE SURVEY FIELD WORK WAS COMPLETED ON MAY 24,
2016. A SITE VISIT WAS MADE ON APRIL 12, 2019. THE
MAJORITY OF THE SITE WAS UNDER CONSTRUCTION. NO
PERMANENT BUILDINGS REMAIN, ONLY CONSTRUCTION
TRAILERS/STORAGE.
7. IRON PIPES TO BE SET AT ALL CORNERS, UNLESS
OTHERWISE NOTED. AT ONE POINT, NCDOT MONUMENTED
THE NEW RIGHT—OF—WAY. CURRENTLY MOST CORNERS
LOOK TO BE DEMOLISHED.
8. SAMPLE LOCATIONS PROVIDED BY HART HICKMAN AND
PROCTOR ENVIRONMENTAL SERVICES, INC. SAMPLE
LOCATIONS ARE NOT SURVEY QUALITY.
9. ALL ADJOINER LINES ARE LINES NOT SURVEYED, AND ARE
SHOWN FOR VISUAL PURPOSES ONLY.
NO WithersRavenel
% 0 Engineers I Planners I Surveyors
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K:\15\15-0100\150109—Smokey Hollow\SurveyCAD\—Drawings\Donut Brownsfield Plat.dwg— Thursday, May 09, 2019 11:43:37 AM — VANDERVELDE, RUDOLF

W PEACE ST
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UNETYPE LEGEND
ADJOI NER
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DB 17038 PG 162 /
BM 2017 PG 1246
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EASEMENT
RIGHT OF WAY — — — —
ZONING LINE /
1 % CHANCE FLOOD LINE
LEGEND 3
IPF - IRON PIPE FOUND
IPS - IRON PIPE SET / V
PKF - PK NAIL FOUND / v=
PDE - PERMANENT DRAINAGE EASEMENT
PUE - PERMANENT UTILITY EASEMENT Q
RBF - REBAR FOUND
TCE - TEMPORARY CONSTRUCTION EASEMENTo
TUE - TEMPORARY UTILITY EASEMENT �3�
IAS - INDOOR AIR SAMPLE
SSVP - SUB SLAB VAPOR
SB - SOIL BORING Q
SGMP - SOIL GAS
SW - SIDE WALL ,Q
TMW - TEMPORARY MONITORING WELL
- MONITORING WELL
© - SOIL VAPOR
Q - SOIL SAMPLE
- INDOOR AIR
® - SOIL AND GROUNDWATER
f I DSCA PCE SOIL
( EXCAVATION AREA
DSCA UST
REMOVAL AREA
SURVEY CERIIFIGITE
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DB 16291 PG 1755
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CURVE TABLE
CURVE
RADIUS
ARC LENGTH
CHORD LENGTH
CHORD BEARING
C1
1475.00
104.21
104. 19
S 04°05 04 W
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1475.00'
87.35'
87.34'
S 00'21 '50" W
C3
14 75. 00
123.22
123. 19
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C4
608.00'
32. 12'
32. 12'
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1 153.19,
152.79'
1 N 13'29'18" E
C6
11475.00
210.57
210.39
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185. 31 '
1 184. 59'
1 N
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BEARING
DISTANCE
L 1
IN 02°37 29" E
0.86'
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S 87'22 31 E
29.93
L3
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1.16'
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24.68
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1, RUDOLF A VANDERVELDE ✓R, PLS, CERTIFY THAT THIS PLAT WAS DRAWN
UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY
SUPERVISION (DEED DESCRIPTION RECORDED IN BOOK (SEE), PAGE (MAP); THAT
THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM
INFORMATION FOUND IN BOOK (SEE), PAGE (MAP); THAT THE RATIO OF
PRECISION AS CALCULATED IS 1: 20,000; THAT THIS PLAT WAS PREPARED IN
ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE,
LICENSE NUMBER AND SEAL
THIS XX DAY OF APRIL, A.D., 2019.
I ALSO CERTIFY THAT THIS PLAT (Cl):
0.212 AC
PDE I 9,244 SO FT
PG 2128 _ -, ® 8-2s CHAUCER INVESTMENTS LLC
B-2W DB 16635 PG 2093
I PIN: 1704-51-5652
312 W JOHNSTON ST
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TCE— — — — — — — — — — — —
OB 16792 PG 2128
rn
1 12.72'
C(1) THAT THE SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND OR
ONE OR MORE EXISTING EASEMENTS AND DOES NOT CREATE A NEW STREET OR
CHANGE AN EXISTING ;STREET. FOR THE PURPOSES OF THIS SUBSECTION, AN �� C'QR®
EXISTING PARCEL" OR 'EXISTING EASEMENT" IS AN AREA OF LAND DESCRIBED 6t. f7
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IN A SINGLE, LEGAL DESCRIPTION OR LEGALLY RECORDED SUBDIVISION THATPRELIMINARY SSNARY PLAT"
HAS BEEN OR MAY BE LEGALLY CONVEYED TO A NEW OWNER BY DEED IN lT NOT FOR CONVEYANCE,
EXISTING CONFIGURATION.
RECORDATION, OR SALES
RUDOLF A. VANDERVELDE ✓R
L-5146
REVISIONS: DATE:4-15-19
SCALE: 1"=30'
SURVEYED BY: RI
DRAWN BY: RAV
CHECI<8 CLOSURE BY: JMA
CAD FILE: DONUT BROWNSFIELD
PROJECT NO: 02150109.00
S 86'48'03" E 99. 12'
0.534 AC
23,250 SO FT
CHAUCER INVESTMENTS LLC
DB 16642 PG 2032
PIN. 1704-51-6698
517 CAPITAL BLVD
ZONING: DX-12
Q B-5S
Q B-4S
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DB 17048 PG 102 DB 17048 PG 102
W JOHNSON STREET
66' PUBUC R/W
BM 1985 PG 594
SEE SHEET 2 FOR SAMPLE INFORMATION
SEE SHEET 3 FOR LAND USE RESTRICTIONS
EXHIBIT B TO THE NOTICE OF BROWNFIELDS PROPERTY - SURVEY PLAT
OWNER Et PROSPECTIVE DEVELOPER: CHAUCER INVESTMENTS, LLC
BROWNFIELDS PROJECT NO. 21008-17-092
PEACE STREET PHASE II SITE
MULTIPLE ADDRESSES (SEE MAP)- RALEIGH NC 27603
TOWNSHIP: RALEIGH I COUNTY: WAKE I STATE: NORTH CAROLINA
ZONING: MULTIPLE - SEE MAP I PIN: MULTIPLE - SEE MAP
SHEET 2 OF 4
GRAPHIC SCALE
30 0 15 30 60
1 inch = 30 ft.
NO WithersRavenel
% 0 Engineers I Planners I Surveyors
115 MacKenan Drive I Cary, INC 275111 t: 919.469.3340 1 license #: C-0832 I
www.withersravenel.com
K:\15\15-0100\150109-Smokey Hollow\SurveyCAD\-Drawings\Donut Brownsfield Plat.dwg- Thursday, May 09, 2019 11:44:28 AM - VANDERVELDE, RUDOLF

SOIL GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (February 2018 version):
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 WITH THE POTENTIAL FOR VAPOR INTRUSION
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
the screening levels for which are derived from the Residential Vapor Intrusion Screening Levels
of the Division of Waste Management (February 2018 version):
Concentration
Residential
Soil Gas Contaminant
Sample
Date of
Exceeding
Screening
Location
Sampling
Screening
Level'
Level /ru
/m3
SGMP-1
9/20/2013
140SGMP-2
Cis-1,2-Dichloroethene
NS
9/20/2013
0.47
Trans-1,2-
SGMP-1
9/20/2013
59
NS
Dichloroethene
SGMP-1
9/20/2013
220,000
SGMP-3
9/20/2013
980
Tetrachloroethylene
280
SGMP-9
9/20/2013
3,300
Trichloroethylene
SGMP-1
9/20/2013
3,500
14
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
NS - No screening level established
INDOOR AIR
Indoor air contaminants in micrograms per cubic meter, the screening limits for which are
derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (February 2018 version):
Indoor Air Contaminant2
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Residential
Screening
Level'
(µg/m3)
Acetone
IAS-1
2/04/2014
12,000E
6,500
Benzene
IAS-1
2/04/2014
1.7J
0.36
IAS-2
2/04/2014
2.2
IAS-3
2/04/2014
1.2
IAS-4
2/04/2014
1.2
Chloroform
IAS-4
2/04/2014
0.35
0.12
Ethylbenzene
IAS-1
2/04/2014
30
1.1
IAS-2
2/04/2014
2.1
IAS-4
2/04/2014
1.5
Naphthalene
IAS-2
2/04/2014
0.34
0.083
IAS-3
2/04/2014
0.17J
IAS-4
2/04/2014
0.66
Tetrachloroethylene
IAS-1
6/02/2014
150
8.3
IAS-2
2/04/2014
10
IAS-6
6/02/2014
420
Toluene
IAS-1
2/04/2014
6,700
1,000
Total Xylenes
IAS-1
2/04/2014
149
21
Trichloroethylene
IAS-1
2/04/2014
12
0.42
IAS-2
2/04/2014
1.5
IAS-4
2/04/2014
0.48
1,2,4-Trimethylbenzene
IAS-1
2/04/2014
57
13
IAS-4
2/04/2014
220E
1,3,5-Trimethylbenzene
IAS-1
2/04/2014
23IAS-4
13
2/04/2014
63
'Screening limits displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
2Indoor air samples were collected from within former onsite commercial buildings that were demolished
in 2018.
J - estimated value between the method detection limit and the laboratory reporting limit
E - Estimated concentration over calibration range
I, RUDOLF A VANDERVELDE JR, PLS, CERTIFY THAT THIS PLAT WAS DRAWN
UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY
SUPERVISION (DEED DESCRIPTION RECORDED IN BOOK (SEE), PAGE (MAP); THAT
THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM
INFORMATION FOUND IN BOOK (SEE), PAGE (MAP); THAT THE RATIO OF
PRECISION AS CALCULATED IS 1: 20,000; THAT THIS PLAT WAS PREPARED IN
ACCORDANCE WITH G.S. 47-JO AS AMENDED. WITNESS MY ORIGINAL SIGNATURE,
LICENSE NUMBER AND SEAL
THIS 21 DAY OF SEPTEMBER, A.D., 2017.
I ALSO CERTIFY THAT THIS PLAT (Cl):
C(1) THAT THE SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND OR
ONE OR MORE EXISTING EASEMENTS AND DOES NOT CREATE A NEW STREET OR
CHANGE AN EXISTING ;STREET. FOR THE PURPOSES OF THIS SUBSECTION, AN
"EXISTING PARCEL" OR 'EXISTING EASEMENT" IS AN AREA OF LAND DESCRIBED
IN A SINGLE, LEGAL DESCRIPTION OR LEGALLY RECORDED SUBDIVISION THAT
HAS BEEN OR MAY BE LEGALLY CONVEYED TO A NEW OWNER BY DEED IN ITS
EXISTING CONFIGURATION.
RUDOLF A. VANDERVELDE JR
L-5146
�® AOFEss/ON,.
"PRELIMINARY PLAT"
NOT FOR CONVEYANCE,
RECORDATION, OR SALES
\Zf2�/
REVISIONS: DATE:4-15-19
SCALE: 1"=30'
SURVEYED BY: RI
DRAWN BY: RAV
1 1 CHECI<Et CLOSURE BY: JMA 1
1 1 CAD FILE: DONUT BROWNSFIELD 1
PROJECT NO: 02150109.00
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Standard
Standard
(µg/L)
Benzene
TMW-15
9/17/2013
1.1
1
n-Butylbenzene
TMW-4
2/7/2013
2,520
70
Sec-Butylbenzene
TMW-4
2/7/2013
1,520
70
Tert-Butylbenzene
TMW-4
2/7/2013
549
70
Chromium
B-2W
3/2/2018
71
10
B-3W
3/2/2018
18
B-6W
3/2/2018
20
Cis-1,2-Dichloroethylene
TMW-4
2/7/2013
115,000
70
TMW-5
2/7/2013
3,880
TMW-6
2/7/2013
597
TMW-12
9/16/2013
190
TMW-13
9/16/2013
930
TMW-14
9/17/2013
460
TMW-16
9/17/2013
460
TMW-21
9/18/2013
14,000
Trans-1,2-Dichloroethylene
TMW-4
2/7/2013
10,100
100
TMW-5
2/7/2013
726
TMW-15
9/17/2013
430
TMW-21
9/18/2013
260J
Ethylbenzene
TMW-4
2/7/2013
808
600
Isopropylbenzene
TMW-4
2/7/2013
1,160
70
Isopropyltoluene (p-cymene)
TMW-4
2/7/2013
1,700
25
TMW-5
2/7/2013
26.9
Naphthalene
TMW-4
2/7/2013
2,680
6
TMW-5
2/7/2013
134
TMW-15
9/17/2013
11.6
n-Propylbenzene
TMW-4
2/7/2013
2,660
70
TMW-10
9/16/2013
180
Tetrachloroethylene
B-9W
3/2/2018
4.4
0.7
TMW-3
2/7/2013
691
TMW-4
2/7/2013
955,000
TMW-5
2/7/2013
148
TMW-6
2/7/2013
285
TMW-12
9/16/2013
120
TMW-13
9/16/2013
27,000
TMW-14
9/16/2013
12,000
TMW-15
9/17/2013
38.4
TMW-16
9/17/2013
180
TMW-19
9/17/2013
57.7
TMW-21
9/18/2013
36,000
TMW-22
9/18/2013
7.3
TMW-23
9/18/2013
1.3
TMW-27
9/18/2013
10.2
TMW-29
9/19/2013
15.4
TMW-30
9/19/2013
11.7
TMW-31
9/19/2013
1.5
TMW-32
9/19/2013
7.4
Trichloroethylene
TMW-3
2/7/2013
51.6
3
TMW-4
2/7/2013
76,100
TMW-5
2/7/2013
474
TMW-6
2/7/2013
338
TMW-12
9/16/2013
320
TMW-13
9/16/2013
660
TMW-14
9/17/2013
250
Trichloroethylene
TMW-15
9/17/2013
5.3
3
TMW-16
9/17/2013
380
TMW-19
9/17/2013
4.6
TMW-21
9/18/2013
2,200
TMW-22
9/18/2013
3.2
TMW-29
9/18/2013
3.2
Total Xylenes
TMW-4
2/7/2013
911
500
1,2,4-Trimethylbenzene
TMW-4
2/7/2013
21,300
400
1,3,5-Trimethylbenzene
TMW-4
2/7/2013
2,880
400
Vinyl Chloride
TMW-3
2/7/2013
1.69
0.03
TMW-4
2/7/2013
7,520
TMW-5
2/7/2013
1,930
TMW-6
2/7/2013
116
TMW-12
9/16/2013
15
TMW-15
9/17/2013
1,900
TMW-16
9/17/2013
590
TMW-18
9/17/2013
0.95
TMW-30
9/19/2013
0.901
J - Estimated value between the method detection limit and the laboratory reporting limit.
SUB -SLAB VAPOR
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (February 2018 version):
Sub -Slab Vapor
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level /m3
Residential
Screening
Level'
m3
n-But lbenzene
SSVP-2
9/23/2013
6.6J
NS
Cis-1,2-Dichloroethylene
SSVP-1
9/23/2013
160
NS
SSVP-2
9/23/2013
3,000
Trans-1,2-Dichloroethylene
SSVP-1
9/23/2013
35
NS
SSVP-2
9/23/2013
550
SSVP-4
10/02/2013
23
Tetrachloroethylene
SSVP-2
9/23/2013
79,000
280
SSVP-3
10/02/2013
1,900
Trichloroethylene
SSVP-1
9/23/2013
97
14
SSVP-2
9/23/2013
9,800
SSVP-3
10/02/2013
20
SSVP-4
10/02/2013
220
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
Sub -slab vapor samples were collected beneath foundations for buildings that were demolished in 2018.
J - estimated value between the method detection limit and the laboratory reporting limit
NS - No screening level established
SEE SHEET 4 OF 4 FOR
LAND USE RESTRICTIONS
EXHIBIT B TO THE NOTICE OF BROWNFIELDS PROPERTY - SURVEY PLAT
OWNER & PROSPECTIVE DEVELOPER: CHAUCER INVESTMENTS, LLC
BROWNFIELDS PROJECT NO. 21008-17-092
PEACE STREET PHASE II SITE
MULTIPLE ADDRESSES (SEE MAP)- RALEIGH NC 27603
TOWNSHIP: RALEIGH
ZONING: MULTIPLE - SEE MAP
COUNTY: WAKE
PIN: MULTIPLE - SEE MAP
STATE: NORTH CAROLINA
SHEET 3 OF 4
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
/L
Screening
LevelLevel (µg/L)
Ethylbenzene
TMW-4
2/7/2013
808
35
Isopropylbenzene
TMW-4
2/7/2013
1,160
180
Naphthalene
TMW-4
2/7/2013
2,680
35
TMW-5
2/7/2013
134
n-Propylbenzene
TMW-4
2/7/2013
2,660
490
Tetrachloroethylene
TMW-3
2/7/2013
691
12
TMW-4
2/7/2013
955,000
TMW-5
2/7/2013
148
TMW-6
2/7/2013
285
TMW-12
9/16/2013
120
TMW-13
9/16/2013
27,000
TMW-14
9/16/2013
12,000
TMW-15
9/17/2013
38.4
TMW-16
9/17/2013
180
TMW-19
9/17/2013
57.7
TMW-21
9/18/2013
36,000
TMW-29
9/19/2013
15.4
Trichloroethylene
TMW-3
2/7/2013
51.6
1.0
TMW-4
2/7/2013
76,100
TMW-5
2/7/2013
474
TMW-6
2/7/2013
338
TMW-12
9/16/2013
320
TMW-13
9/16/2013
660
TMW-14
9/17/2013
250
TMW-15
9/17/2013
5.3
TMW-16
9/17/2013
380
TMW-19
9/17/2013
4.6
Trichloroethylene
TMW-21
9/18/2013
2,200
1.0
TMW-22
9/18/2013
3.2
TMW-29
9/18/2013
3.2
Total Xylenes
TMW-4
2/7/2013
911
77
1,2,4-Trimethylbenzene
TMW-4
2/7/2013
21,300
50
1,3,5-Trimethylbenzene
TMW-4
2/7/2013
2,880
35
Vinyl Chloride
TMW-3
2/7/2013
1.69
1.5
TMW-4
2/7/2013
7,520
TMW-5
2/7/2013
1,930
TMW-6
2/7/2013
116
TMW-12
9/16/2013
15
TMW-15
9/17/2013
1,900
TMW-16
9/17/2013
590
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Residential Health- Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section
(February 2018 version):
Soil
Contaminant
Sample
Location
Depth
(ft)
Date of
Sampling
Concentration
Exceeding
Screening Level
m k
Residential
Screening
Level'
(mg/kg)
Arsenic2
B-1S/Du
4.5-5.5
3/02/2018
10/2.9
0.68
B-3S
3-4
1.3J
B-4S
3-4
4.9
B-5S
3-4
2.6
B-6S
4.5-5.5
1.9
B-7S
3-4
1.1J
B-8S
3-4
IAJ
B-9S
3-4
2.1
Benzo a ene
B-3S
3-4
3/02/2018
0.43
0.11
Ethylbenzene
SB-2
1-2
02/07/13
9.1
6.1
Napththalene
SB-2
1-2
02/07/13
30.0
4.10
SB-2
6-7
02/07/13
7.87
SB-21
3-4
09/18/13
4.2 J
1,2-Dichloroethane
C-4 SW3
3
12/6/2018
0.901
0.49
Tetrachloroethylene
SB-21
3-4
9/18/2013
4.2J
17
SB-5
1-2
02/07/13
31.8
B-2 SW
3
3/6/2019
27.6
B-3 SW
3
3/6/2019
29.6
B-4 SW
3
3/6/2019
65.8
C-4 SW
3
12/6/2018
48.8
SB-34
1-2
2/17/2017
21.3
SB-35
2-3
2/16/2017
31.4
SB-38
0-1
2/16/2017
19.6
Trichloroethylene
A-3 SW
3
12/4/2018
1.39
0.87
A-4 SW
3
12/5/2018
6.4
B-2 SW
3
3/6/2019
2.7
B-3 SW
3
3/6/2019
2.71
B-4 SW
3
3/6/2019
4.33
C-2 SW
3
12/6/2018
0.88
SB-5
1-2
02/07/13
5.57
SB-5
5-6
02/07/13
23.4
SB-6
1-2
2/07/2013
3.73
Trichloroethylene
SB-6
5-6
2/07/2013
1.04
0.87
SB-30
7-8
2/16/2017
1.74
SB-38
9-10
2/16/2017
3.3
1,2,4-
Trimeth lbenzene
SB-21
3-4
9/18/2013
100
63
Vinyl Chloride
A-1 SW
3
12/4/2018
0.286
0.061
A-2 SW
3
12/4/2018
0.433
A-3 SW
3
12/4/2018
2.36
A-4 SW
3
12/5/2018
0.071
B-6 SW
3
3/6/2019
0.0896
Excavatio
n4
3
10/20/201
7
0.098 J
SGMP-6
2-3
09/20/13
0.119
SB-2
1-2
02/07/13
0.15
SB-5
5-6
02/07/13
0.398
SB-6
5-6
2/07/2013
0.228
SB-8
2-3
09/16/13
0.53
SB-9
2-3
09/16/13
1.1
SB-22
3-4
09/18/13
0.38
SB-23
1-2
09/18/13
0.12 J
SB-30
7-8
2/16/2017
1 0.524
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
2Arsenic concentrations in soil exceed the residential screening level for arsenic, but concentrations are
consistent with common background concentrations in NC soil.
'SW- Code added to sample identifier to denote a confirmatory excavation side wall sample.
00 WithersRavenel
NOEngineers I Planners I Surveyors
115 MacKenan Drive I Cary, NC 275111 t: 919.469.3340 1 license #: C-0832 1
www.withersravenel.com
K:\15\15-0100\150109-Smokey Hollow\SurveyCAD\-Drawings\Donut Brownsfield Plat.dwg- Thursday, May 09, 2019 11:44:48 AM - VANDERVELDE, RUDOLF

LAND USE RESTRICTIONS
NCGS 130A-310.35(a) requires recordation of a Notice of Brownfields Property ("Notice") that identifies any restrictions on
the current and future use of a Brownfields Property that are necessary or useful to maintain the level of protection
appropriate for the designated current or future use of the property and that are designated in a Brownfields Agreement
pertaining to the property. This survey plat constitutes one of three exhibits to the Notice pertaining to the Brownfields
Property depicted on this plat and recorded at the Wake County Register of Deeds' office. The exhibits to the Notice
are: the Brownfields Agreement for the subject property, which is attached as Exhibit A to the Notice; a reduced version
of this survey plat, which is attached as Exhibit 8 to the Notice; and a legal description for the subject property, which
is attached as Exhibit C to the Notice. The land use restrictions below have been excerpted verbatim from paragraph 15
of the Brownfields Agreement, and all paragraph letters/numbers are the some as those used in the Brownfields
Agreement. The following Land Use Restrictions are hereby imposed on the Brownfields Property and shall remain in force
in perpetuity unless canceled by the Secretary of the North Carolina Department of Environmental Quality (or its successor
in function), or his/her designee, after the hazards have been eliminated, pursuant to NCGS § 130A-310.35(e):
The land use restrictions below have been excerpted verbatim from paragraph 15 of the Brownfields Agreement, and all
subparagraph letters/numbers are the some as those used in the Brownfields Agreement. The following land use
restrictions are hereby imposed on the Brownfields Property:
A. No use may be made of the Brownfields Property other than office, retail, hotel, high —density residential, and
associated recreational space and parking, and subject to DEQ's prior written approval, other commercial uses. For
purposes of this restriction, the following definitions apply:
i. "Office" is defined as the provision of business or professional services;
ii. "Retail" is defined as the sale of goods or services, products, or merchandise directly to the consumer or
businesses and includes showrooms, personal service, and the sales of food, beverage and consumer products, although
drycleoning operations that use chlorinated solvents are specifically prohibited;
iii. "Hotel" is defined as the provision of overnight lodging to paying customers, and to associated food services,
gym, reservation, cleaning, utilities, parking and on —site hospitality, management and reception services.
iv.
"High Density Residential" is defined as permanent dwellings where residential units
are attached to each other
with common
walls, such as condominio,
apartments, group homes, dormitories or boarding
houses, and any property
outside
the dwelling structures is usable
by all residents and not privately owned as part of a particular unit, and may
include
related amenities, such as pools,
clubhouses, courtyards, common areas, recreation
areas and parking garages.
Single
family homes are prohibited, and
townhomes, duplexes, or other units with yards are
prohibited unless approved in
writing
by DEQ in advance;
v. "Recreational space" is defined as courtyards and indoor exercise —related, physically focused, or leisure —related
activities, whether active or passive, and the facilities for some;
vi. "Parking" is defined as the temporary accommodation of motor vehicles in on area designed for some; and
vii. "Commercial" is defined as an enterprise carried on for profit or nonprofit by the owner, lessee or licensee.
B. 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:
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, including without limitation the testing of soil and groundwater, newly
discovered potential sources of environmental contamination (e.g., USTs, tanks, drums, septic drain fields, oil —water
separators, soil contamination); and
iv. plans for the proper characterization of, and, as necessary, disposal of contaminated soils excavated during
redevelopment.
C. Within 90 days after each one—year anniversary of the effective date of this Agreement for as long as physical
redevelopment of the Brownfields Property continues (except that the final deadline shall fall 90 days after the conclusion
of physical redevelopment), the then owner of the Brownfields Property shall provide DEQ a report subject to written DEQ
approval on environment —related activities since the last report, with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with land use restrictions in this Section;
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).
D. Unless compliance with this Land Use Restriction is waived in writing in advance by DEQ in relation to particular
buildings, demolition and/or renovation of any or all buildings on the Brownfields Property depicted on the plat component
of the Notice referenced in paragraph 20 below shall be in accordance with applicable legal requirements, including
without limitation those related to lead and asbestos abatement that are administered by the Health Hazards Control Unit
within the Division of Public Health of the North Carolina Department of Health and Human Services.
E. Groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ.
F. 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 above in subparagraph 15.o. while
fully protecting public health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above —ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be given written notice at least seven days in
advance of a scheduled repair (if only by email) of any such repair, or in emergency circumstances no later than the
next business day, and that any related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ—approved Environmental Management Plan (EMP) as
outlined above in subparagraph 15.b.
G. Soil may not be removed from, or brought onto, the Brownfields Property without prior sampling and analysis to DEQ's
satisfaction and the written approval of DEQ, unless conducted in accordance with an approved EMP as outlined in
Paragraph 15.b.
SURVEY COMFIG4TE
I, RUDOLF A VANDERVELDE JR, PLS, CERTIFY THAT THIS PLAT WAS DRAWN
UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY
SUPERVISION (DEED DESCRIPTION RECORDED IN BOOK (SEE), PAGE (MAP); THAT
THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM
INFORMATION FOUND IN BOOK (SEE), PAGE (MAP); THAT THE RATIO OF
PRECISION AS CALCULATED IS 1: 20,000, THAT THIS PLAT WAS PREPARED IN
ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE,
LICENSE NUMBER AND SEAL
THIS 21 DAY OF SEPTEMBER, A.D., 2017.
I ALSO CERTIFY THAT THIS PLAT (Cl):
C(1) THAT THE SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND OR
ONE OR MORE EXISTING EASEMENTS AND DOES NOT CREATE A NEW STREET OR
CHANGE AN EXISTING ;STREET. FOR THE PURPOSES OF THIS SUBSECTION, AN
"EXISTING PARCEL" OR 'EXISTING EASEMENT" IS AN AREA OF LAND DESCRIBED
IN A SINGLE, LEGAL DESCRIPTION OR LEGALLY RECORDED SUBDIVISION THAT
HAS BEEN OR MAY BE LEGALLY CONVEYED TO A NEW OWNER BY DEED IN ITS
EXISTING CONFIGURATION.
RUDOLF A. VANDERVELDE JR
L-5146
QaOAS 0
�® nFVSS10A, 'L,9
"PRELIMINARY PLAT"
NOT FOR CONVEYANCE,
RECORDATION, OR SALES
CONTINUED
H. No enclosed building may be constructed on the Brownfields Property until DEQ determines in writing that:
i. the building is or would be protective of the building's users, public health and the environment from risk of
vapor intrusion based on site assessment data or a site —specific risk assessment approved in writing by DEQ;
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.
I. 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.
J. 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 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 on interest may provide
abstracts of leases, rather than full copies of said leases, to the persons listed in Section XV.
K. None of the contaminants known to be present in the environmental media at the Brownfields Property, as described
in Exhibit 2 of this Agreement and as modified by DEQ in writing if additional contaminants in excess of applicable
standards are discovered at the Brownfields Property, may be used or stored at the Brownfields Property without the prior
written approval of DEQ, except:
i. in de minimis quantities for cleaning and other routine housekeeping and maintenance activities;
ii. as constituents of products and materials customarily used and stored in office, parking, retail, and
high —density residential settings, provided such products and materials are stored in original retail packaging and used
and disposed of in accordance with applicable laws; and
iii. as constituents of fuels, lubricants and oils in emergency generators, machinery, equipment and vehicles in
on —board tanks integral to said equipment or in flammable liquid storage containers totaling no more than 25 gallons.
L. The Brownfields Property may not be used as a playground, or for child care centers or schools, without the prior
written approval of DEQ.
M. The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ—approved
monitoring well is damaged by the owner, its contractors, or its tenants shall be responsible for repair of any such wells
to DEQ's written satisfaction and within a time period acceptable to DEQ, unless compliance with this Land Use Restriction
is waived in writing by DEQ in advance.
N. 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,
or board, association or approved entity submitting the LURU if said owner (or each of the owners on whose behalf the
joint LURU is submitted) acquired any part of the Brownfields Property during the previous calendar year;
ii. the transferee's name, mailing address, telephone and facsimile numbers, and contact person's e—mail address, if
said owner (or each of the owners on whose behalf the joint LURU is submitted) transferred any part of the Brownfields
Property during the previous calendar year; and
iii. whether any vapor barrier and/or mitigation systems installed pursuant to subparagraph 15.h.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;
0. A property owners' association or other entity may perform this LURU's duties, on behalf of some or all owners of the
Brownfields Property, if said association or entity has accepted responsibility for such performance pursuant to a notarized
instrument satisfactory to DEQ that includes at a minimum, the name, mailing address, telephone and facsimile numbers,
and e—mail address of each owner on whose behalf the LURU is proposed to be submitted.
P. A joint LURU may be submitted for multiple owners by a duly constituted board or association and shall include the
name, mailing address, telephone and facsimile numbers, and contact person's e—mail address of the entity submitting
the joint LURU as well as for each of the owners on whose behalf the joint LURU is submitted.
Q. 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 21 and 22 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.
SEE SHEET 3 OF 4 FOR
SAMPLE INFORMATION
MICHAEL E. SCOTT, DIRECTOR
DIVISION OF WASTE MANAGEMENT
STATE OF NORTH CAROLINA
WAKE COUNTY
REVISIONS: DATE:4-15-19 EXHIBIT B TO THE NOTICE OF BROWNFIELDS PROPERTY - SURVEY PLAT
SCALE:1''=30' OWNER Et PROSPECTIVE DEVELOPER: CHAUCER INVESTMENTS, LLC
SURVEYED BY: RI BROWNFIELDS PROJECT NO. 21008-17-092
PEACE STREET PHASE II SITE
DRAWN BY: RAV MULTIPLE ADDRESSES (SEE MAP)- RALEIGH NC 27603
CHECI<8 CLOSURE BY: JMA
TOWNSHIP: RALEIGH COUNTY: WAKE STATE: NORTH CAROLINA
CAD FILE: DONUT BROWNSFIELD
PROJECT NO:02150109.00 1 ZONING: MULTIPLE - SEE MAP I PIN: MULTIPLE - SEE MAP
SHEET 4 OF 4
FOR THE PURPOSES OF N. C. G. S. 130A-310.35
DATE
NO WithersRavenel
% 0 Engineers I Planners I Surveyors
115 MacKenan Drive I Cary, INC 275111 t: 919.469.3340 1 license #: C-0832 I
www.withersravenel.com
K:\15\15-0100\150109—Smokey Hollow\SurveyCAD\—Drawings\Donut Brownsfield Plat.dwg— Tuesday, May 14, 2019 12:37:34 PM — VANDERVELDE, RUDOLF

EXHIBIT C
LEGAL DESCRIPTION
Beginning at a PK nail at the intersection of the eastern right of way of N. Harrington St and the
southern right of way of W. Peace St, also being right-of-way symbol at station 19+25.00 (Y6)
42' RT - shown on NCDOT project # B-5121/B-5317 (BKHM 2016 PG 6, Wake County
Registry), said point also being North 58°26'42" East 6,863.61 feet from NCGS Survey
Monument "PULLEN", said monument having NC grid coordinates (NAD 83 -2001) of
N=738,465.24, E=2,099,765.94, thence from said beginning point, North 669 F 12" East 31.68
feet to a point in the southern right-of-way of W. Peace St, thence along said right-of-way South
65°47'56" East 55.32 feet to a point, thence South 65°57'14" East 98.38 feet to a PK nail at the
intersection of the southern right-of-way of W. Peace St and the western right-of-way Capital
Blvd, thence along the western right-of-way of Capital Blvd South 06°06'30" West 59.63 feet to
a point, thence along a curve to the left having a radius of 1475.00 feet, an arc length of 104.21
feet, and a chord bearing and distance of South 04°05'04" West, 104.19 feet to a point, thence
along a curve to the left having a radius of 1475.00 feet, an arc length of 210.57 feet, and a chord
bearing and distance of South 02'01'45" East, 210.39 feet to a point in the northern right-of-way
of W. Johnston St, thence along the northern right-of-way of W. Johnston St South 64'24'16"
West 77.89 feet to a point, thence North 87° 13'33" West 191.00 feet to a point, thence North
35°00'01" West 46.82 feet to a point in the eastern right-of-way of N. Harrington St., thence
along a curve to the right having a radius of 608.00 feet, an arc length of 185.31 feet, and a chord
bearing and distance of North 11'58'29" East, 184.59 feet to a point, thence North 20°41'42"
East 5.15 feet to a point, thence North 46'46' 16" East 3.31 feet to a point, thence North
19'01'54" East 49.67 feet to a point, thence North 20°41'28" East 187.12 feet to the point and
place of beginning containing 2.382 acres (103,777 square feet) more or less.
Peace St/21008-17-092/13May2019