22059 GlaxoSmithKline - Full Public Notice Package

NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY
Brownfields Property Name: G1axoSmithKline LLC
Brownfields Project Number: 22059-18-032
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 abandoned, idled,
or underused properties at which expansion or redevelopment is hindered by actual or potential
environmental contamination. One of the Act's requirements is the submittal of this Notice of Intent to
Redevelop a Brownfields Property ("NI") that has been approved by the North Carolina Department of
Environmental Quality ("DEQ") for public notification purposes as per NCGS § 130A-
310.34(a). The NI shall 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 ("NBP") prepared in accordance with NCGS § 130A-
310.35. The proposed NBP for a particular brownfields project is attached hereto. The proposed NBP
includes the proposed Brownfields Agreement, which is attached as Exhibit A, and the other required
elements of this NL A Summary of this Notice of Intent ("SNI") shall include a statement as to the public
availability of the full NI. The party ("Prospective Developer") who desires to enter into a Brownfields
Agreement with DEQ must provide a full copy of this NI to all local governments having jurisdiction over
the Brownfields Property.
The Act requires a public comment period of at least 30 days. The first day of public comment is
defined as the day after which all of the following public notice tasks have occurred: the date the
required SNI 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 public comments
may be submitted to DEQ within 30 days after the public comment period begins. Written requests for a
public meeting may be submitted to DEQ within 21 days after the public comment period begins. These
periods will start no sooner than Tuesday, June 16, 2020, and will end no sooner than the later of: 1) 30
and 21 days, respectively, after that; or 2) 30 and 21 days, respectively, after completion of the latest of the
three (3) above -referenced dates, if such completion occurs later than the date stated herein. 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
G1axoSmithKhne LLC / 22059-18-032

SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: G1axoSmithKline LLC
Brownfields Project Number: 22059-18-032
Pursuant to the North Carolina Brownfields Property Reuse Act (the "Act") authorized by North
Carolina General Statutes (NCGS) § 130A-310.30 through 130A-310.40, and specifically pursuant to
NCGS § 130A-310.34, TKC — 3029 Holdings, 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") located at 3029 East Cornwallis Road, Durham, Durham County, North Carolina.
The Brownfields Property is the former site of G1axoSmithKline LLC and consists of 104.61 acres.
Environmental contamination exists on the Brownfields Property in soil and groundwater. TKC — 3029
Holdings, LLC has committed itself to redevelop the Brownfields Property for no uses other than office,
industrial, research laboratory, parking, open space, recreational use, and with prior written approval
from DEQ, other commercial uses. -The Notice of Intent to Redevelop a Brownfields Property includes:
(1) a proposed Brownfields Agreement between DEQ and TKC — 3029 Holdings, 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 online at the
DEQ public record database, Laserfiche, by entering the project number 22059-18-032 into the search
bar at the following web address: http:Hedocs.deg.nc.gov/WasteMana eg ment.
The "Act" requires a public comment period of at least 30 days. The first day of public comment
is defined as the day after which all of the following public notice tasks have occurred: 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 public comments may be
submitted to DEQ within 30 days after the public comment period begins. Written requests for a public
meeting may be submitted to DEQ within 21 days after the public comment period begins. These periods
will start no sooner than Tuesday, June 16, 2020, and will end no sooner than the later of. 1) 30 and 21
days, respectively, after that; or 2) 30 and 21 days, respectively, after completion of the latest of the three
(3) above -referenced dates, if such completion occurs later than the date stated herein. 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
22059-18-032 / G1axoSmithKhne

Property Owner: TKC — 3029 Holdings, LLC
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Site Name: G1axoSmithKline LLC
Brownfields Project Number: 22059-18-032
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 2020 by
TKC — 3029 Holdings, LLC ("Prospective Developer").
This Notice concerns contaminated property.
A copy of this Notice certified by the North Carolina Department of Environmental
Quality ("DEQ") is required to be filed in the Register of Deeds' Office in the county or
counties in which the land is located, pursuant to North Carolina General Statutes
("NCGS"), § 130A-310.35(b).
This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate
the danger to public health or the environment posed by environmental contamination at a
property ("Brownfields Property") being addressed under the Brownfields Property Reuse
Act of 1997, NCGS § 130A, Article 9, Part 5 ("Act").
Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified
copy of this Notice within 15 days of Prospective Developer's receipt of DEQ's approval of
the Notice or Prospective Developer's entry into the Brownfields Agreement required by the
Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the
grantor index under the names of the owners of the land and, if Prospective Developer is not
the owner, also under the Prospective Developer's name.
The Brownfields Property is located at 3029 East Cornwallis road, Durham, North Carolina
and is comprised of 104.61 acres with Durham Count Parcel Identification Number 157260. The
NBP Shell 712412018 (this is removed when approved for PC)
G1axoSmithKhne LLC / 22059-18-032

site was used for agricultural and residential purposes until it was acquired to become part of the
Research Triangle Park in the late 1950s. In 1960, the Brownfields Property was developed as a
facility for textile research, development, and manufacturing. In 1984, the Brownfield Property
use changed to pharmaceutical research and development. In 2011-2012, the facility was
decommissioned and all the vertical improvements were demolished down to the foundations
except for one warehouse building, which was later demolished in April, 2020. Environmental
contamination exists on the Brownfields Property in soil and groundwater. The Prospective
Developer has committed itself to redevelop the Brownfields Property for no uses other than office,
industrial, research laboratory, parking, open space, recreational use, and with prior written
approval from DEQ, 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 for office,
industrial, laboratory, parking, open space, recreation, and with prior written approval from
DEQ, other commercial uses. For purposes of this restriction, the following definitions apply:
i. "Office" is defined as the provision of business or professional services
to include food preparation and services for employees.
ii. "Industrial" is defined as the assembly, fabrication, processing,
warehousing or distribution of goods or materials.
iii. "Research laboratory" is defined as a facility that provides laboratory
and clinical services for product development, academic purposes, or that supports
manufacturing operations.
iv. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same.
v. "Open Space" is defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, detention facilities for
storm water.
vi. "Recreation" is defined as indoor and outdoor exercise -related,
physically focused, or leisure -related activities, whether active or passive, and the
facilities for same, including, but not limited to, studios, swimming pools, sports -related
courts and fields, open space, greenways, parks, playgrounds, walking paths, and picnic
and public gathering areas.
vii. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. The Brownfields Property may not be used for child care, adult care centers or
schools without the prior written approval of DEQ.
c. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan ("EMP") approved
in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions herein
and those previously recorded and attached hereto as Exhibit 3, 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);
iv. contingency plans related to sampling and managing soil, groundwater
and surface water related to the installation or maintenance of storm water drain lines or walking
trails; and
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v. plans for the proper characterization of, and as necessary, disposal of
contaminated soils excavated during redevelopment.
d. Groundwater at the Brownfields Property may not be used for any purpose
other than extracting, amending with injectant, and reinjecting into the aquifer under the
authority of DEQ Injection Permit WI 0501044, without the prior written approval of DEQ.
e. During Brownfields Property use, the then owner shall maintain the current
soil cover of 18 inches at SWMU 12 and 24 inches at SWMU 13 (SMWUs as denoted on the
plat component of the Notice of Brownfields Property as referenced in paragraph 20 below), as
well as adequate vegetative growth to prevent erosion on those SWMUs. Any modification or
alternative to the cover or cap that is present as of the effective date of this agreement must be
preapproved in writing by NC Hazardous Waste Section and NC Brownfields Program. The
then owner shall effect the repair of any breaches or erosion that impair the integrity of these
covered or capped areas. Said repairs must be initiated within 72 hours of their discovery per 40
CFR 761.61 (a)(7). Said repairs shall be noted in the Land Use Restriction update described in
subparagraph 15.o. below.
f. No soil impacted by PCBs as denoted on the plat component of the Notice of
Brownfield Property as referenced in paragraph 20 below shall be disturbed, moved, or disposed
of without written approval from the NC Hazardous Waste Section and the NC Brownfields
Program, and no soil may 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 above in subparagraph 15.c.
g. No occupancy of any newly constructed building on the Brownfields Property
may occur until the then owner of the Brownfields Property conducts representative final grade
soil sampling of areas that are not covered by building foundations, sidewalks, or asphaltic or
concrete parking areas and driveways pursuant to a plan approved in writing by DEQ.
h. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 20 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building's users, public
health and the environment from risk of vapor intrusion, including methane generated from the
remediation of groundwater, 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 methane generated from the remediation of
groundwater; or
iii. vapor intrusion mitigation measures are designed, installed, and
implemented in a manner that will fully protect public health 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, quality assurance testing
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procedures, and performance of said measures, and to DEQ. Any design specification and
quality assurance testing procedures for vapor intrusion mitigation measures shall be approved in
writing by DEQ in advance of installation and/or implementation of said measures and
procedures.
i. By January 31 st annually after 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 Section
V: Work to be Performed above, including;
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).
j. Neither DEQ, nor any party conducting environmental assessment,
remediation, or inspection 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, remediation, or inspection which is to be
conducted using reasonable efforts to minimize interference with authorized uses of the
Brownfields Property.
k. 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 Durham
County land records, Book , Page " A copy of any such instrument shall be
sent to the persons listed in Section XV (Notices and Submissions), though financial figures and
other confidential information related to the conveyance may be redacted to the extent said
redactions comply with the confidentiality and trade secret provisions of the North Carolina
Public Records Law. The owner may use the following mechanisms to comply with the
obligations of this subparagraph: (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 subparagraph, 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.
1. 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
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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 fuel or other fluids customarily used in vehicles, landscaping
equipment and emergency generators;
iii. as compounds used in DEQ-approved remedial activities; or
iv. as compounds used to support uses of the Brownfields Property
approved in this Agreement such that said compounds are not located within 100 feet of a
sampling location that has exhibited those contaminants above applicable standards or screening
levels, as long as said compounds are stored on solid impervious surfaces with secondary
containment and distributed through above -ground piping or any other form of above -ground
transfer, and are subject to a site -specific spill control plan prepared by the then owner of the
Brownfields Property such that, should a release of those substances occur at the Brownfields
Property, the subject contaminants in that release would be distinguishable from the subject
contaminants in any known release at the Brownfields Property that predates this Agreement.
m. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged shall be responsible for
repair of any such wells to DEQ's written satisfaction and within a time period acceptable to
DEQ, unless compliance with this land use restriction is waived in writing by DEQ in advance.
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 Durham County, certifying
that, as of said January 1 st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Durham 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 transferred any part of the
Brownfields Property during the previous calendar;
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; and
iv. whether any soil caps installed pursuant to subparagraph 15.e. continue
to be maintained in a condition that protects their integrity, and whether repairs of any breaches
that impair the integrity of these capped areas were performed, and if so, when and how.
v. 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
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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.
For purposes of the land use restrictions set forth above, the DEQ point of contact shall be
the DEQ operational unit referenced in subparagraph 36.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 , 2020.
TKC — 3029 Holdings, LLC
Kenneth R. Beuley
Member
NORTH CAROLINA
COUNTY
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I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Date:
(Official 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
Ellen Lorscheider Date
Deputy Director, Division of Waste Management
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FXHIRIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: TKC — 3029 Holdings, LLC
UNDER THE AUTHORITY OF THE
BROWNFIELDS PROPERTY REUSE ACT
OF 1997, NCGS § 130A-310.30, et SeMc .
Brownfields Project # 22059-18-032
I. INTRODUCTION
BROWNFIELDS AGREEMENT re:
Former G1axoSmithKline LLC
3029 E. Cornwallis Road
Durham, Durham County
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and TKC — 3029 Holdings, LLC (collectively
the "Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
SeMc . (the "Act") for the property located at 3029 E. Cornwallis Rd. (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.
The Prospective Developer is TKC — 3029 Holdings, LLC, a manager -managed North
Carolina Limited Liability Company. TKC — 3029 Holdings, LLC is 100% owned by TKCI —
3029 Investments, LLC. Both TKC — 3029 Holdings, LLC and TKCI — 3029 Investments, LLC
are managed 100% by TKCI — 3029 Partners, LLC, which is fully owned by principals and
members of The Keith Corporation. All entities are located at 4500 Cameron Valley Parkway,
Ste. 400, Charlotte, NC 28211. The Prospective Developer desires to redevelop the Brownfields
Property for no uses other than office, industrial, research laboratory, parking, open space,
recreational use, and with prior written approval from DEQ, other commercial uses.
22059-18-032 / G1axoSmithKhne LLC

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 TKC - 3029 Holdings, LLC for contaminants at the Brownfields Property.
The Parties agree that TKC - 3029 Holdings, LLC's entry into this Agreement, and the
actions undertaken by TKC - 3029 Holdings, LLC in accordance with the Agreement, do not
constitute an admission of any liability by TKC - 3029 Holdings, LLC for contaminants at the
Brownfields Property. The resolution of this potential liability, in exchange for the benefit TKC
- 3029 Holdings, LLC shall provide to DEQ, is in the public interest.
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 TKC - 3029 Holdings, LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property is comprised of one approximately 104.61-acre parcel
assigned Durham County Parcel Identification Number (PIN) 157260. The parcel is located at
0
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3029 E. Cornwallis Road, Durham, Durham County within the Research Triangle Park.
4. The Brownfields Property is bordered to the north by the North Carolina
Biotechnology Center, the National Humanities Center, and the National Institute of Statistical
Sciences (tenants of Triangle Universities Center for Academic Studies, Inc. (TUCASI)) with
TW Alexander Drive beyond; to the east by the Durham Freeway (Highway 147) with an IBM
facility beyond; to the south by E. Cornwallis Road with United Therapeutics Corporation
facility beyond; to the southwest by E. Cornwallis Road and a Cree facility beyond; and to the
west by property owned by TUCASI with tenants including, a telecommunications firm, MCNC,
Micross Advanced Interconnect Technology, and Memscap, Inc. with TW Alexander Dr.
beyond.
III. STATEMENT OF FACTS
5. Prospective Developer obtained or commissioned the reports, referred to hereinafter as
the "Environmental Reports," regarding the Brownfields Property. These reports along with
other related documents may be viewed online at the DEQ public record database, Laserfiche, by
entering the Brownfields Project Number 22059-18-032 into the search bar at the following web
address: http:Hedocs.deq.nc.gov/WasteMana emmeent.
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. From at least 1937 until 1957, the Brownfields Property was used for
agricultural and residential purposes. Between 1957 and 1959, the Pinelands Company, Inc.
purchased a 3,559-acre block of property in Durham and Wake Counties of which the
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Brownfields Property was a part. The block of property was located between the region's three
research universities and was named the Research Triangle Park. The Research Triangle Park
was created to establish and maintain research or scientific laboratories and other facilities and is
currently comprised of approximately 7,000 acres.
b. The Brownfields Property was purchased in 1960 by the Chemstrand Research
Center, Inc. from the Research Triangle Foundation of North Carolina, successor company to the
Pinelands Company, as one of the first sites developed within the Research Triangle Park for
commercial purposes. At the time, the Chemstrand Research Center, Inc. was a wholly -owned
subsidiary of the Chemstrand Corporation, a Decatur, Alabama based joint venture between the
Monsanto Company and the American Viscose Corporation. Chemstrand developed the
Brownfields property for textiles research, development, and manufacturing from the 1960s until
the early 1980s. During that time, Monsanto became the full owner of the Brownfields property
via the purchase of American Viscose's interest in the joint venture.
c. On February 17, 1984, Monsanto sold the Brownfields Property to the
Burroughs Wellcome Company when it was then used for pharmaceutical research and
development. In 1995, Glaxo Wellcome assumed ownership of the Brownfields Property by
way of the Glaxo, Inc. and Burrows Wellcome merger. In 2000, G1axoSmithKline (GSK)
assumed ownership of the Brownfields Property by way of the Glaxo Wellcome and SmithKline
Beecham merger. At the time of the original development and over the duration of the Monsanto
and Burroughs Wellcome ownership, the Brownfields Property improvements consisted of
approximately 78,990 square feet of office/laboratory manufacturing space, two warehouses,
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three waste storage pads, an incinerator building, tennis courts, a wastewater aeration basin, and
a waste water pond that was later backfilled and used for recreational fields.
d. In 2011-2012, GSK decommissioned the facility and demolished all the vertical
improvements down to the foundations except for one warehouse building (Warehouse B), a
water pump station building, the tennis courts and the concrete/asphalt parking and driveway
areas. The Warehouse B Building, tennis courts, and the remaining portion of a concrete slab
associated with former Warehouse A were demolished by the Prospective Developer in early
April 2020.
e. On December 13, 2018, the Prospective Developer purchased the Brownfields
Property from GSK.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following (all remediation activities mentioned in the site history
below were conducted by GSK under its Resource Conservation and Recovery Act [RCRA]
Permit NCD 052547635):
a. Since the mid- 1980s, environmental investigations and site remediation were
completed with oversight by the NC Hazardous Waste Section and the US Environmental
Protection Agency (EPA). The EPA oversight is limited to the assessment and remediation of
releases of polychlorinated biphenyls (PCBs). Since 1996, environmental investigations and site
remediation have been completed as part of corrective action activities under GSK's RCRA
Permit NCD 052547635. On February 26, 2019, the Prospective Developer was approved to be
listed as owner of the facility on the GSK RCRA Permit NCD 052547635 for the facility. The
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approval was made by way of Class 1 permit modification under 40 CFR 270.42 as adopted in
15A NCAC 13A .0113, which was approved by the NC Hazardous Waste Section and issued to
GSK. The approval letter also acknowledged that GSK will remain the legal operator of the
facility and will retain sole responsibility for RCRA compliance, including operation of
corrective action activities and maintenance of financial assurance.
b. RCRA corrective action activities completed at the Brownfields Property have
identified multiple Solid Waste Management Units (SWMUs) and Areas of Concern (ADCs). In
general, the SWMUs represent areas where waste storage, waste landfilling, waste treatment,
wastewater treatment and discharge, and chemical storage activities were performed. AOCs are
areas where elevated levels of constituents were detected in the soil or groundwater that were not
released as a result of a process and where a local source was not identified, unlike the
identification of the SWMUs.
c. Historical soil assessment activities conducted at the Brownfields property have
identified the presence of polychlorinated biphenyls (PCBs), volatile organic compounds
(VOCs), and/or semi-VOCs (SVOCs) in the SWMUs and AOCs. PCBs were also identified in
areas outside of the SWMUs and AOCs as a potential result of termite and dust management
practices performed historically in the northern portion of the Brownfields property.
Specifically, PCBs detected during historical soil assessment activities have included Aroclors
1232, 1242, 1248, 1254, and 1260. GSK environmental personnel maintain that, to the best of
their knowledge, all VOCs present in soil at the Brownfields Property have previously been
excavated and disposed off -site, except those VOCs at depth in soil or weathered rock remaining
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in SWMU 13.
d. Historical groundwater assessment activities conducted at the Brownfields
Property have identified the presence of VOCs at concentrations above the DEQ 15A North
Carolina Administrative Code (NCAC) 02L .0202 Groundwater Quality Standards (2L
Standards). VOCs detected in groundwater above 2L Standards include, but are not limited to,
trichloroethylene (TCE) and associated degradation compounds cis-1,2-dichloroethene and vinyl
chloride. Additionally, non -chlorinated VOCs such as benzene have been detected at
concentrations above their respective 2L Standards.
are as follows:
e. Summaries of the subset of SWMUs and AOCs where releases were identified
i. SWMU 4 is located in the eastern portion of the Brownfields Property
and is a former concrete wastewater aeration basin previously used as a biological and chemical
treatment unit for laboratory wastewater from 1960 until 1966, when the basin was taken out of
operation and no longer used. Prior to being taken out of service, the treated wastewater was
discharged to an adjacent surface impoundment (SWMU 12) for further aeration and biological
treatment. Once use of the basin was discontinued, wastewater was discharged to the Durham
County public sewer system. The former wastewater aeration basin in SWMU 4 was excavated
and removed in 1988. Soil excavation activities were completed at SWMU 4 (along with AOC
Fermentation Building and AOC Stormwater Channel) in 2004 and 2005 to remove soil
impacted with VOCs, SVOCs, and PCBs. As part of excavation activities, approximately 2,280
tons of excavated soil were exported for disposal at Republic Services, Inc.'s Upper Piedmont
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Landfill in Rougemont, North Carolina, and 66 tons of PCB -impacted soil (PCB detections
above 50 milligram per kilogram [mg/kg]) were exported for disposal at Chemical Waste
Management, Inc.'s Emelle, Alabama facility. EPA approved the PCB remedy on Decemberl,
2011. NC Hazardous Waste Section issued a No Further Action letter for SWMU 4 for the soil
contamination on April 22, 2016 and a No Further Action letter for the localized groundwater
impact on November 12, 2019.
ii. SWMU 12 is located in the eastern portion of the Brownfields Property
and is a former surface impoundment that received treated wastewater from SWMU 4. In 1984,
the former surface impoundment was drained and backfilled with soil from a local rock quarry in
Morrisville, North Carolina, and was subsequently used as recreational fields. In 2004, soil
excavation activities were completed at SWMU 4, including the drainage ditch from SWMU 4 to
SWMU 12 to remove PCBs at concentrations above the residential Primary Remediation Goal
established by EPA of 0.22 mg/kg.. Additional soil sampling was conducted at SWMU 12 in
2012 which indicated that remaining soil met the TSCA High Occupancy Area cleanup level for
PCBs of less than or equal to 10 mg/kg for areas with an appropriate soil cover. The existing 18-
inch soil cover was approved by EPA on April 29, 2013 as the remedy, and it must be
maintained as part of EPA requirements under land use restrictions recorded with the property
deed at the Durham County Register of Deeds Office on November 6, 2014 in Book 7597, Pages
858 — 861. NC Hazardous Waste Section issued a No Further Action Letter for VOCs in soils on
April 22, 2016.
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iii. SWMU 13 is located in the northern portion of the Brownfields
Property and is a former landfill area where chemical wastes were placed in a series of unlined
trenches from approximately 1960 to 1972. In the mid-1980s, five of the trenches were
excavated to bedrock (approximately 15 feet below ground surface [bgs]), backfilled with soil,
and covered with a clay cap. In addition to use as a former landfill, this area was also used as a
former fire training pit where fuels were burned for employee fire suppression training. In 2013
through 2014, soil excavation activities were completed at SWMU 13 to remove PCBs in soils at
concentrations above the HOS of 1 mg/kg in accessible areas including outside the fenced area,
and in shallow soils in the vicinity of the fire training pit. Results of post -excavation sampling in
SWMU 13 indicated that remaining soil had successfully been remediated to the TSCA High
Occupancy Area cleanup level for PCBs of less than or equal to 10 mg/kg for areas with an
appropriate soil cover. The existing 24-inch soil cover was approved by EPA as the remedy and
must be maintained as part of EPA requirements under land use restrictions recorded with the
property deed at the Durham County Register of Deeds Office on November 6, 2014 in Book
7597, Pages 858 — 861. Remediation of VOCs in soil or weathered rock and groundwater at
SWMU 13 is currently being conducted by soil vapor extraction and insitu treatment of
groundwater by injection of zero-valent iron (ZVI) into the aquifer (DEQ Injection Permit WI
0501044), respectively, as part of RCRA correction action activities.
iv. SWMU 15 is located in the central portion of the Brownfields Property
and is a former bum/gravel pit that was used for waste disposal from approximately 1960
through 1970. In addition, two former 30,000-gallon fuel oil underground storage tanks (USTs)
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were located in this area. Historical assessment activities conducted at SWMU 15 identified the
presence of PCBs in soil and VOCs in soil and groundwater above regulatory screening criteria.
In 2003, the fuel oil USTs were closed in -place by removing residual petroleum sludge followed
by placement of foam and concrete in the USTs. The UST fill port structures, vent pipes, and
metal pump pit were then removed and disposed of off -site. Post -UST closure soil sampling
results did not indicate exceedances of DEQ UST Section Maximum Soil Contaminant
Concentrations (MSCCs). A Notice of No Further Action (NFA) was granted for the petroleum
release (UST Section Incident No. 26415) on March 5, 2015. Approval for a self -implementing
remedy for PCB contaminated soil was issued by EPA in a letter dated August 8, 2013. In 2013
through 2014, soil excavation activities were completed at SWMU 15 to remove PCBs at
concentrations above the HOS and VOCs above the DEQ Preliminary Soil Remediation Goals
(PSRGs) and site -specific soil concentrations based on Synthetic Precipitation Leaching
Procedure (SPLP) testing. In addition, a fuel oil return line associated with the closed -in -place
USTs was also removed during corrective action activities. Excavations completed for SWMU-
15 were terminated at bedrock and additional impacts may potentially exist at the base of those
excavations and/or in bedrock below the excavations. To address these impacts, zero valent iron
(ZVI) was placed at the base of the excavation at a thickness of approximately one foot to aid in
the remediation of VOCs in underlying weathered bedrock and groundwater. The ZVI was
mixed with sand followed by approximately two 2-foot lifts of 3- to 4-inch ballast stone. In a
letter dated April 22, 2016 from the NC Hazardous Waste Section, SWMU 15 received NFA
status for VOCs in soil. Remediation of VOCs in groundwater at SWMU 15 is currently being
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conducted by the injection of ZVI into the aquifer (DEQ Injection Permit WI 0501044) as part of
RCRA correction action activities.
v. SWMU 16 is located in the west -central portion of the Brownfields
Property in the vicinity of a former waste storage area where management of hazardous
substances occurred. Historical assessment activities conducted at SWMU 16 identified the
presence of PCBs in soil and VOCs in soil and groundwater above regulatory screening criteria.
Approval for a self -implementing remedy for PCB contaminated soil was issued by EPA on
August 8, 2013. In 2013 through 2014, soil excavation activities were completed at SWMU 16 to
remove PCBs at concentrations above the HOS and VOCs above their respective PSRGs and
site -specific soil concentrations based on SPLP testing. Excavations completed for SWMU-16
were terminated at bedrock. Because additional impacts could potentially exist at the base of
those excavations and/or in bedrock below the excavations, ZVI was placed at the base of the
excavation at a thickness of approximately one foot to aid in the remediation of VOCs in
underlying weathered bedrock and groundwater. The ZVI was mixed with sand followed by
approximately two 2-foot lifts of 3- to 4-inch ballast stone. In a letter dated April 22, 2016 from
the NC Hazardous Waste Section, SWMU 16 received NFA status for VOCs in soil.
Remediation of VOCs in groundwater at SWMU 16 is currently being conducted by the injection
of ZVI into the aquifer as part of RCRA correction action activities.
vi. The AOCs named AOC GW-6 and AOC W-1 are located in the
southwestern, central to southwestern, and western portions, respectively, of the Brownfields
Property in areas not known to have been associated with any manufacturing or waste
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management activities. However, assessment activities conducted in the vicinity of these AOCs
indicated the presence of VOCs in groundwater above regulatory screening criteria. GSK has
extended AOC GW-6 groundwater monitoring and remediation efforts upgradient along geologic
strike, and refers to this area as Area Along Strike of AOC GW-6. Groundwater impacts in these
AOCs are currently being addressed as part of RCRA correction action activities.
vii. AOC Fermentation Building was located in the western portion of the
Brownfields Property. During Monsanto operations, wastewater discharges that included some
PCB content were mistakenly drained to a stormwater discharge. Soil excavation activities were
completed at AOC Fermentation Building (along with SWMU-4 and AOC Stormwater Channel)
in 2004 and 2005 to remove PCBs to below 0.22 mg/kg, the residential Primary Remediation
Goal established by EPA. No contaminants other than PCBs were detected in the soil at AOC
Fermentation Building. Approximately 709.52 tons of excavated soil were disposed of off -site at
Republic Services, Inc.'s Upper Piedmont Landfill in Rougemont, North Carolina. Following
excavation, the area was backfilled with clean fill. EPA approved the self -implementing remedy
on August 8, 2013. The Fermentation Building was demolished in approximately May 2005 and
subsequent sampling did not identify any underlying contamination.
viii. AOC North Parking Lot is located in the central portion of the
Brownfields Property. PCB -impacted soil was identified during a site improvement project in
2002. Soil excavation activities were subsequently completed in 2002, 2003, 2013, and 2014 to
remove PCBs. Approval for a self -implementing remedy for PCB contaminated soil was issued
by EPA in a letter dated August 8, 2013.
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ix. AOC Stormwater Channel is located in the northwestern portion of the
Brownfields Property and is a former drainage channel not known to have been associated with
any waste management activities. However, assessment activities conducted in the vicinity of
AOC Stormwater Channel indicated the presence of PCBs in soil. Soil excavation activities
were subsequently completed at AOC Stormwater Channel (along with SWMU-4 and AOC
Fermentation Building) in 2004 and 2005 to remove PCBs to below 0.22 mg/kg (EPA's
residential direct contact risk -based screening value at the time of excavation). Approximately
3,247.84 tons of excavated soil were disposed of off -site at Republic Services, Inc.'s Upper
Piedmont Landfill in Rougemont, North Carolina. Following excavation, the area was
backfilled with clean fill. This remedy was approved by EPA in a letter dated December 1,
2011.
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on April 1, 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. Due to the exceedingly large amount of data
generated over time for this Brownfields Property, Exhibit 2 has been generated to include only
those data that were collected from 2008 through April 2019 at the Brownfields Property, and
has been designed to illustrate only selected maximum data that exceed the applicable regulatory
standards or screening levels by each SWMU or AOC. Additional data may be accessed in the
specific reports available through the DEQ Laserfiche link as addressed in paragraph 5 above
and in hard copy documents in the NC Hazardous Waste Section file room.
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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, commissioning
geotechnical, surveying and site design work, preparing and submitting to DEQ a Brownfields
Property Application (BPA) dated October 2, 2018, purchasing the Brownfields Property on
December 13, 2018, and demolishing all remaining structures in April 2020.
10. Prospective Developer has provided DEQ with information, or sworn certifications
regarding that information on which DEQ relies for purposes of this Agreement, sufficient to
demonstrate that:
a. Prospective Developer and any parent, subsidiary, or other affiliate has
substantially complied with federal and state laws, regulations and rules for protection of the
environment, and with the other agreements and requirements cited at NCGS § 130A-
310.32(a)(1);
b. As a result of the implementation of this Agreement, the Brownfields Property
will be suitable for the uses specified in the Agreement while fully protecting public health and
the environment;
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
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Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
11. The Parties agree that a $30,000 "Redevelopment Now" fee Prospective Developer
has paid suffices as the $2,000 fee to seek a brownfields agreement required by NCGS § 130A-
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a
change is sought to a Brownfields document after it is in effect, in which case there shall be an
additional fee of at least $1,000.
IV. BENEFIT TO COMMUNITY
12. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. a return to productive use of the Brownfields Property;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of approximately 1,000 to 1,400 temporary construction jobs and
1,500 to 2,000 permanent jobs;
d. an increase in tax revenue for affected jurisdictions;
e. Additional office, industrial, laboratory, parking, open space, recreational
space, and with prior written approval from DEQ, other commercial space for the area;
f. "smart growth" through use of land in an already developed area, which avoids
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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.
15. By way of the Notice of Brownfields Property referenced below in paragraph 20,
Prospective Developer shall impose the following land use restrictions under the Act, running
with the land, to make the Brownfields Property suitable for the uses specified in this Agreement
while fully protecting public health and the environment instead of remediation to unrestricted
use standards. Additionally, all land use restrictions contained in the deed notification entitled
Notice of Land Use Restrictions recorded by GSK on the deed to the Brownfields Property on
November 6, 2014 in Book 7597, Pages 858-861 at the Durham County Register of Deeds office
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and as attached hereto as Exhibit 3 remain in force. All references to DEQ shall be understood to
include any successor in function.
a. No use may be made of the Brownfields Property other than for office,
industrial, laboratory, parking, open space, recreation, and with prior written approval from
DEQ, other commercial uses. For purposes of this restriction, the following definitions apply:
i. "Office" is defined as the provision of business or professional services
to include food preparation and services for employees.
ii. "Industrial" is defined as the assembly, fabrication, processing,
warehousing or distribution of goods or materials.
iii. "Research laboratory" is defined as a facility that provides laboratory
and clinical services for product development, academic purposes, or that supports
manufacturing operations.
iv. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same.
v. "Open Space" is defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, detention facilities for
storm water.
vi. "Recreation" is defined as indoor and outdoor exercise -related,
physically focused, or leisure -related activities, whether active or passive, and the
facilities for same, including, but not limited to, studios, swimming pools, sports -related
courts and fields, open space, greenways, parks, playgrounds, walking paths, and picnic
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and public gathering areas.
vii. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. The Brownfields Property may not be used for child care, adult care centers or
schools without the prior written approval of DEQ.
c. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan ("EMP") approved
in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions herein
and those previously recorded and attached hereto as Exhibit 3, 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);
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iv. contingency plans related to sampling and managing soil, groundwater
and surface water related to the installation or maintenance of storm water drain lines or walking
trails; and
v. plans for the proper characterization of, and as necessary, disposal of
contaminated soils excavated during redevelopment.
d. Groundwater at the Brownfields Property may not be used for any purpose
other than extracting, amending with injectant, and reinjecting into the aquifer under the
authority of DEQ Injection Permit WI 0501044, without the prior written approval of DEQ.
e. During Brownfields Property use, the then owner shall maintain the current
soil cover of 18 inches at SWMU 12 and 24 inches at SWMU 13 (SMWUs as denoted on the
plat component of the Notice of Brownfields Property as referenced in paragraph 20 below), as
well as adequate vegetative growth to prevent erosion on those SWMUs. Any modification or
alternative to the cover or cap that is present as of the effective date of this agreement must be
preapproved in writing by NC Hazardous Waste Section and NC Brownfields Program. The
then owner shall effect the repair of any breaches or erosion that impair the integrity of these
covered or capped areas. Said repairs must be initiated within 72 hours of their discovery per 40
CFR 761.61 (a)(7). Said repairs shall be noted in the Land Use Restriction update described in
subparagraph 15.o. below.
f. No soil impacted by PCBs as denoted on the plat component of the Notice of
Brownfield Property as referenced in paragraph 20 below shall be disturbed, moved, or disposed
of without written approval from the NC Hazardous Waste Section and the NC Brownfields
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Program, and no soil may 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 above in subparagraph 15.c.
g. No occupancy of any newly constructed building on the Brownfields Property
may occur until the then owner of the Brownfields Property conducts representative final grade
soil sampling of areas that are not covered by building foundations, sidewalks, or asphaltic or
concrete parking areas and driveways pursuant to a plan approved in writing by DEQ.
h. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 20 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building's users, public
health and the environment from risk of vapor intrusion, including methane generated from the
remediation of groundwater, 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 methane generated from the remediation of
groundwater; or
iii. vapor intrusion mitigation measures are designed, installed, and
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implemented in a manner that will fully protect public health 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, quality assurance testing
procedures, and performance of said measures, and to DEQ. Any design specification and
quality assurance testing procedures for vapor intrusion mitigation measures shall be approved in
writing by DEQ in advance of installation and/or implementation of said measures and
procedures.
i. By January 3 1 " annually after 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 Section
V: Work to be Performed above, including;
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
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materials (for example, concrete, demolition debris) from the Brownfields Property (copies of all
legally required manifests shall be included).
j. Neither DEQ, nor any party conducting environmental assessment,
remediation, or inspection 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, remediation, or inspection which is to be
conducted using reasonable efforts to minimize interference with authorized uses of the
Brownfields Property.
k. 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 Durham
County land records, Book , Page ." A copy of any such instrument shall be
sent to the persons listed in Section XV (Notices and Submissions), though financial figures and
other confidential information related to the conveyance may be redacted to the extent said
redactions comply with the confidentiality and trade secret provisions of the North Carolina
Public Records Law. The owner may use the following mechanisms to comply with the
obligations of this subparagraph: (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 subparagraph, 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
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Section XV.
1. 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 fuel or other fluids customarily used in vehicles, landscaping
equipment and emergency generators;
iii. as compounds used in DEQ-approved remedial activities; or
iv. as compounds used to support uses of the Brownfields Property
approved in this Agreement such that said compounds are not located within 100 feet of a
sampling location that has exhibited those contaminants above applicable standards or screening
levels, as long as said compounds are stored on solid impervious surfaces with secondary
containment and distributed through above -ground piping or any other form of above -ground
transfer, and are subject to a site -specific spill control plan prepared by the then owner of the
Brownfields Property such that, should a release of those substances occur at the Brownfields
Property, the subject contaminants in that release would be distinguishable from the subject
contaminants in any known release at the Brownfields Property that predates this Agreement.
m. 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 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 Durham County, certifying
that, as of said January 1 st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Durham 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 transferred any part of the
Brownfields Property during the previous calendar;
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; and
24
22059-18-032 / G1axoSmithKhne LLC

iv. whether any soil caps installed pursuant to subparagraph 15.e. continue
to be maintained in a condition that protects their integrity, and whether repairs of any breaches
that impair the integrity of these capped areas were performed, and if so, when and how.
v. 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.
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
25
22059-18-032 / G1axoSmithKhne LLC

15.j. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
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 Durham
County, North Carolina, Register of Deeds' Office. Within three (3) days thereafter, Prospective
Developer shall furnish DEQ a copy of the documentary component of the Notice containing a
certification by the register of deeds as to the Book and Page numbers where both the
documentary and plat components of the Notice are recorded, and a copy of the plat with
26
22059-18-032 / G1axoSmithKhne LLC

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 Durham County land records, Book , Page ." A copy of any
such instrument shall be sent to the persons listed in Section XV (Notices and Submissions),
though financial figures and other confidential information related to the conveyance may be
redacted to the extent said redactions comply with the confidentiality and trade secret provisions
of the North Carolina Public Records Law. Prospective Developer may use the following
mechanisms to comply with the obligations of this paragraph: (i) If every lease and rider is
identical in form, Prospective Developer may provide DEQ with copies of a form lease or rider
evidencing compliance with this paragraph, in lieu of sending copies of actual, executed leases,
to the persons listed in Section XV (Notices and Submissions); or (ii) Prospective Developer
may provide abstracts of leases, rather than full copies of said leases, to the persons listed in
Section XV.
22. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
VIL DUE CARE/COOPERATION
23. The Prospective Developer shall exercise due care at the Brownfields Property with
27
22059-18-032 / G1axoSmithKhne LLC

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 or EPA 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.
VIIL CERTIFICATION
24. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
this Agreement. That use is office, industrial, laboratory, commercial, parking, open space, and
recreation. 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.
22059-18-032 / G1axoSmithKhne LLC

IX. DEQ'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
25. Unless any of the following apply, Prospective Developer shall not be liable to DEQ,
and DEQ covenants not to sue Prospective Developer, for remediation of the Brownfields
Property except as specified in this Agreement:
a. The Prospective Developer fails to comply with this Agreement.
b. The activities conducted on the Brownfields Property by or under the control
or direction of the Prospective Developer increase the risk of harm to public health or the
environment, in which case Prospective Developer shall be liable for remediation of the areas of
the Brownfields Property, remediation of which is required by this Agreement, to the extent
necessary to eliminate such risk of harm to public health or the environment.
c. A land use restriction set out in the Notice of Brownfields Property required
under NCGS § 130A-310.35 is violated while the Prospective Developer owns the Brownfields
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
KIj
22059-18-032 / G1axoSmithKhne LLC

Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
public health and the environment than that required by this Agreement.
f. The level of risk to public health or the environment from contaminants is
unacceptable at or in the vicinity of the Brownfields Property due to changes in exposure
conditions, including (i) a change in land use that increases the probability of exposure to
contaminants at or in the vicinity of the Brownfields Property or (ii) the failure of remediation to
mitigate risks to the extent required to make the Brownfields Property fully protective of public
health and the environment as planned in this Agreement.
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
26. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
27. This Agreement does not waive any applicable requirement to obtain a permit,
NEI
22059-18-032 / G1axoSmithKhne LLC

license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
28. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 25 through 27 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
29. Because the Brownfields Property is subject to RCRA Permit # NCD052547635, and
consistent with NCGS § 130A-310.37(7), this agreement shall not be construed to prevent the
State from enforcing specific numerical remediation standards, monitoring, or compliance
requirements specifically required to be enforced by the federal government as a condition to
receive program authorization, delegation, primacy, or federal funds.
X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
30. 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
31. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
31
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Developer, its officers, directors, employees, and agents. Each Party's signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XII. DISCLAIMER
32. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer's duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
33. Except for the land use restrictions set forth in paragraph 15 above and NCGS §
130A-310.33(a)(l)-(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
34. 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
32
22059-18-032 / G1axoSmithKhne LLC

Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
the Prospective Developer shall notify DEQ of the location of such documents and shall provide
DEQ with an opportunity to copy any documents at the expense of DEQ. By entering into this
Agreement, Prospective Developer waives no rights of confidentiality or privilege provided by
the North Carolina Public Records Act or otherwise and, at the time DEQ requests to copy or
inspect said documents, Prospective Developer shall provide DEQ with a log of documents
withheld from DEQ, including a specific description of the document(s) and the alleged legal
basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XIV. PAYMENT OF ENFORCEMENT COSTS
35. 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
36. 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:
33
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a. for DEQ:
Brownfields Property Management Unit
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:
Kenneth R. Beuley
TKC — 3029 Holdings, LLC
4500 Cameron Village Parkway, Suite 400
Charlotte, NC 28211
Notices and submissions sent by prepaid first-class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVI. EFFECTIVE DATE
37. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ's approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in N.C.G.S. § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement and invalidate its signature on this Agreement.
XVII. TERMINATION OF CERTAIN PROVISIONS
38. If any Party believes that any or all of the obligations under Section VI
34
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(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XVIII. CONTRIBUTION PROTECTION
39. 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.
40. 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.
41. 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
42. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
35
22059-18-032 / G1axoSmithKhne LLC

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:
Ellen Lorscheider
Division Deputy Director
IT IS SO AGREED:
TKC — 3029 Holdings, LLC
By: TKCI — 3029 Investments, LLC.
By: TKCI — 3029 Partners, LLC
Kenneth R. Beuley
Member
36
Date
Date
22059-18-032 / G1axoSmithKhne LLC

SURVEY PLAT - EXHIBIT B TO THE NOTICE OF BROWNFIELDS PROPERTY
GlaxoSmithKi*ine LLC
BROWNFIELDS
PROJECT NO,
22059-18-032
OWNER & PROSPECTIVE DEVELOPER: TKC-3029
HOLDINGS, LLC
PIN: 0738-02-98-4931
3029
E. CORNWALLIS ROAD, DURHAM, DURHAM COUNTY, NORTH
CAROLINA
SURVEYORS CERTIFICATE
I, E. MATTHEW CASH, LICENSED AS A PROFESSIONAL LAND SURVEYOR IN THE STATE OF NORTH
CAROLINA, DO HEREBY CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN
ACTUAL SURVEY MADE UNDER MY SUPERVISION AND COMPLETED ON OCTOBER 8, 2017 USING THE
REFERENCES SHOWN HEREON; THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS
DRAWN FROM INFORMATION FOUND IN THE REFERENCES SHOWN HEREON; THAT THE RATIO OF
PRECISION AS CALCULATED IS 1:20.000+: THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH
NORTH CAROLINA GENERAL STATUTES 47-30, AS AMENDED.
I HEREBY CERTIFY THAT THIS PLAT IS OF THE FOLLOWING TYPE:
G.S. 47-30 (f)(11)(c)(1). THIS SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND AND
DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET.
WITNESS MY ORIGINAL SIGNATURE AND SEAL THIS DAY OF
E. MATTHEW CASH, PLS L-5045
FNOTMINARY PLAT
OR RECORDATIONANCES OR SALES
FOR THE PURPOSES OF N.C.G.S. §130A-310.35
ELLEN LORSCHEIDER, DEPUTY DIRECTOR DATE
DIVISION OF WASTE MANAGEMENT
STATE OF NORTH CAROLINA
COUNTY OF WAKE
, 2020
LEGAL DESCRIPTION
I, E. MATTHEW CASH. CERTIFY THAT THIS MAP WAS DRAWN UNDER MY
SUPERVISION FROM AN ACTUAL GPS SURVEY MADE UNDER MY SUPERVISION
AND THE FOLLOWING INFORMATION WAS USED TO PERFORM THE SURVEY:
(1) CLASS OF SURVEY: A
(2) POSITIONAL ACCURACY: HORIZONTAL 0.08' VERTICAL 0.13'
(3) TYPE OF GPS FIELD PROCEDURE: NETWORK RTK (VRS)
(4) DATES OF SURVEY: 2018-10-24
(5) DATUM/EPOCH: NAD 83 (2001)
(6) PUBLISHED/FIXED-CONTROL USE: NCGS "WALLIS"
(7) GEOID MODEL: 12B
(8) COMBINED GRID FACTOR(S): 0.99992878
(9) UNITS: U.S. FEET
E. MATTHEW CASH, PLS L-5045 DATE
BEGINNING AT A CONCRETE MONUMENT ON THE RIGHT OF WAY OF CORNWALLIS ROAD; THENCE LEAVING
SAID RIGHT OF WAY AND WITH THE COMMON LINE OF TRIANGLE UNIVERSITIES CENTER FOR ADVANCED
STUDIES INC. NORTH 17°43'48" EAST A DISTANCE OF 747.30 FEET TO AN IRON PIPE; THENCE NORTH
02°04'59" EAST A DISTANCE OF 734.80 FEET TO AN IRON PIPE; THENCE SOUTH 89°57'39" EAST A
DISTANCE OF 2,173.39 FEET TO A CONCRETE MONUMENT ON THE RIGHT OF WAY OF THE DURHAM
FREEWAY/ N.C. 147; THENCE WITH SAID RIGHT OF WAY WITH A CURVE TO THE RIGHT A RADIUS OF
5,389.54 FEET, AN ARC LENGTH OF 674.61 FEET, A CHORD BEARING OF SOUTH 14°40'48" WEST, A CHORD
LENGTH OF 674.17 FEET TO A CONCRETE MONUMENT; THENCE SOUTH 18°20'43" WEST A DISTANCE OF
1,646.75 FEET TO A CONCRETE MONUMENT; THENCE WITH A CURVE TO THE RIGHT A RADIUS OF 603.11
FEET, AN ARC LENGTH OF 524.96 FEET, A CHORD BEARING OF SOUTH 43°14'57" WEST, A CHORD LENGTH
OF 508.55 FEET TO A CONCRETE MONUMENT; THENCE SOUTH 68°14'38" WEST A DISTANCE OF 488.97 FEET
TO A CONCRETE MONUMENT ON THE RIGHT OF WAY OF SAID CORNWALLIS ROAD; THENCE WITH SAID RIGHT
OF WAY NORTH 33°35'43" WEST A DISTANCE OF 1,372.79 FEET TO A CONCRETE MONUMENT; THENCE
NORTH 44°36'44" WEST A DISTANCE OF 251.10 FEET TO THE POINT OF BEGINNING, CONTAINING 4,556,597
SQUARE FEET OR 104.61 ACRES.
LINE TABLE
LEGEND
BROWNFIELDS PROPERTY BOUNDARY
- - ADJOINING PROPERTY BOUNDARY NOT SURVEYED
- - - - - - - - - TIE LINE
-x x x x- FENCE
- - SETBACK
- EASEMENT
ss ss SANITARY SEWER
so so STORM SEWER
Fo Fo UNDERGROUND FIBER OPTIC
ou ou OVERHEAD UTILITY
-G c c- GAS LINE
- - - - - - - - - - - - - FLOODPLAIN
uE uE UNDERGROUND ELECTRIC
_ _ _ _ - MATCHLINE
DOT MONUMENT FOUND
OO IPF IRON PIPE FOUND
CMF CONCRETE MONUMENT FOUND
0 CMS CONCRETE MONUMENT SET
0 BPS IRON PIPE SET
0 IRS REBAR SET
UTILITY POLE
GUY WIRE
LIGHT POLE
❑T TELEPHONE PEDESTAL
QT
&$
®
Q
©
❑
CA
O
pd
Wv
N
®
94
©
Q
0
®
TELEPHONE MANHOLE
FIBER OPTIC VAULT
FIBER OPTIC MARKER
SANITARY SEWER MANHOLE
SANITARY SEWER CLEANOUT
STORM CATCH BASIN
STORM DROP INLET
STORM FLARED END SECTION
BOLLARD
GAS VALVE
HYDRANT
WATER VALVE
WATER METER
POST INDICATOR VALVE
TRANSFORMER
UTILITY MANHOLE
CAMERA
ELECTRIC VAULT
TRAFFIC SIGNAL BOX
MONITORING WELL
EXTRACTION WELL
INJECTION WELL
SOIL BORING
LINE
BEARING
DISTANCE
L1
N 69°13'05" W
135.14'
L2
S 63°39'28" W
34.92'
L3
S 00°46'46" W
44.67'
L4
S 61*18'18" W
32.90'
L5
S 00°00'00" E
14.58'
L6
N 90°00'00" W
31.29'
L7
S 00°55'59" E
60.24'
L8
S 00°00'00" E
30.00'
L9
N 90°00'00" W
90.00'
L10
N 00°00'00" W
30.00'
L11
N 27°48'43" W
67.07'
L12
N 00°00'00" W
30.00'
L13
N 89°16'47" E
90.47'
L14
N 45*48'10" E
42.06'
L15
N 65°04'42" E
33.17'
L16
N 00°00'00" W
17.01'
L17
N 63°26'06" E
33.29'
L18
N 01 *10'38" E
44.37'
L19
N 61 °37'51 " E
34.53'
L20
N 02*12'09" W
15.81'
L21
N 90°00'00" E
30.08'
L22
S 00°00'00" E
20.96'
L23
S 64°25'06" W
31.66'
L24
S 00*18'23" W
56.82'
L25
S 89°59'42" E
80.09'
L26
S 12°56'44" E
103.72'
L27
S 12°56'44" E
179.19'
L28
S 89°59'29" W
95.82'
L29
S 89°59'29" W
47.14'
L30
N 00*06'19" W
275.75'
CURVE TABLE
CURVE
RADIUS
ARC LENGTH
CHORD BEARING
CHORD LENGTH
C1
5389.54'
674.61'
S 14°40'48" W
674.17'
C2
603.11'
524.96'
S 43°14'57" W
508.55'
*1
II
SITE VICINITY MAP
NOT TO SCALE
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 ARE AVAILABLE IN THE
BROWNFIELDS AGREEMENT FOR THIS PROPERTY.
I
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McADAMS
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, NC 27713
phone [phone]
fax [phone]
license number: C-0293, C-187
www.mcadamsco.com
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/ PIN: 0738-04-86-1320
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McADAMS
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, NC 27713
phone [phone]
fax [phone]
license number: C-0293, C-187
www.mcadamsco.com
OWNER & PROSPECTIVE DEVELOPER
TKC-3029 HOLDINGS, LLC
5935 CARNEGIE BLVD STE 200
CHARLOTTE, NC 28209
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NO. DATE
2 05. 21. 2020
LURs & DATA TABLES
3 05. 29. 2020
DEQ REVISIONS
PLAN INFORMATION
PROJECT NO.
KTH-17000
FILENAME
KTH17000-BR1
CHECKED BY
RTF
DRAWN BY
EMC
SCALE
1"=100'
DATE
11. 19. 2018
SHEET
2-9

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LIMINARY PLA4FOR RECORDATION
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NC GRID NAD 83 (2011)
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TRIANGLE
UNIVERSITIES CENTER
FOR ADVANCED
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McADAMS
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, NC 27713
phone [phone]
fax [phone]
license number: C-0293, C-187
www.mcadamsco.com
OWNER & PROSPECTIVE DEVELOPER
TKC-3029 HOLDINGS, LLC
5935 CARNEGIE BLVD STE 200
CHARLOTTE, NC 28209
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REVISIONS
NO. DATE
2 05. 21. 2020
LURs & DATA TABLES
3 05. 29. 2020
DEQ REVISIONS
PLAN INFORMATION
PROJECT NO.
KTH-17000
FILENAME
KTH17000-BR1
CHECKED BY
RTF
DRAWN BY
EMC
SCALE
1"=100'
DATE
11. 19. 2018
SHEET
3-9

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GRAPHIC SCALE
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'J
McADAMS
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, NC 27713
phone [phone]
fax [phone]
license number: C-0293, C-187
www.mcadamsco.com
OWNER & PROSPECTIVE DEVELOPER
TKC-3029 HOLDINGS, LLC
5935 CARNEGIE BLVD STE 200
CHARLOTTE, NC 28209
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REVISIONS
NO. DATE
2 05. 21. 2020
LURs & DATA TABLES
3 05. 29. 2020
DEQ REVISIONS
PLAN INFORMATION
PROJECT NO.
KTH-17000
FILENAME
KTH17000-BR1
CHECKED BY
RTF
DRAWN BY
EMC
SCALE
1"=100'
DATE
11. 19. 2018
SHEET
4-9

3
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INC GRID NAD 83 (2011)
'J
McADAMS
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, NC 27713
phone [phone]
fax [phone]
license number: C-0293, C-187
www.mcadamsco.com
OWNER & PROSPECTIVE DEVELOPER
TKC-3029 HOLDINGS, LLC
5935 CARNEGIE BLVD STE 200
CHARLOTTE, NC 28209
LL
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REVISIONS
NO. DATE
2 05. 21. 2020
LURs & DATA TABLES
3 05. 29. 2020
DEQ REVISIONS
PLAN INFORMATION
PROJECT NO.
KTH-17000
FILENAME
KTH17000-BR1
CHECKED BY
RTF
DRAWN BY
EMC
SCALE
1"=100'
DATE
11. 19. 2018
SHEET
5-9

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 B 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 SAME 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):
a. NO USE MAY BE MADE OF THE BROWNFIELDS PROPERTY OTHER THAN FOR OFFICE, INDUSTRIAL, LABORATORY, PARKING, OPEN SPACE, RECREATION, AND WITH PRIOR WRITTEN APPROVAL FROM DEQ, OTHER COMMERCIAL USES. FOR PURPOSES OF THIS RESTRICTION, THE
FOLLOWING DEFINITIONS APPLY:
L "OFFICE"IS DEFINED AS THE PROVISION OF BUSINESS OR PROFESSIONAL SERVICES TO INCLUDE FOOD PREPARATION AND SERVICES FOR EMPLOYEES.
ii. 'INDUSTRIAL"IS DEFINED AS THE ASSEMBLY, FABRICATION, PROCESSING, WAREHOUSING OR DISTRIBUTION OF GOODS OR MATERIALS.
iii. 'RESEARCH LABORATORY"IS DEFINED AS A FACILITY THAT PROVIDES LABORATORY AND CLINICAL SERVICES FOR PRODUCT DEVELOPMENT, ACADEMIC PURPOSES, OR THAT SUPPORTS MANUFACTURING OPERATIONS.
iv. 'PARKING"IS DEFINED AS THE TEMPORARY ACCOMMODATION OF MOTOR VEHICLES IN AN AREA DESIGNED FOR SAME.
v. "OPEN SPACE"IS DEFINED AS LAND MAINTAINED IN A NATURAL OR LANDSCAPED STATE AND USED FOR NATURAL RESOURCE PROTECTION, BUFFERS, GREENWAYS, DETENTION FACILITIES FOR STORM WATER.
vi. 'RECREATION"IS DEFINED AS INDOOR AND OUTDOOR EXERCISE —RELATED, PHYSICALLY FOCUSED, OR LEISURE —RELATED ACTIVITIES, WHETHER ACTIVE OR PASSIVE, AND THE FACILITIES FOR SAME, INCLUDING, BUT NOT LIMITED TO, STUDIOS, SWIMMING POOLS,
SPORTS —RELATED COURTS AND FIELDS, OPEN SPACE, GREENWAYS, PARKS, PLAYGROUNDS, WALKING PATHS, AND PICNIC AND PUBLIC GATHERING AREAS.
vii. "COMMERCIAL"IS DEFINED AS AN ENTERPRISE CARRIED ON FOR PROFIT OR NONPROFIT BY THE OWNER, LESSEE OR LICENSEE.
b. THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR CHILD CARE, ADULT CARE CENTERS OR SCHOOLS WITHOUT THE PRIOR WRITTEN APPROVAL OF DEQ.
c. PHYSICAL REDEVELOPMENT OF THE BROWNFIELDS PROPERTY MAY NOT OCCUR OTHER THAN IN ACCORD, AS DETERMINED BY DEQ, WITH AN ENVIRONMENTAL MANAGEMENT PLAN ('1EMP") 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 HEREIN AND THOSE PREVIOUSLY RECORDED AND ATTACHED HERETO AS EXHIBIT 3, 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);
iv. CONTINGENCY PLANS RELATED TO SAMPLING AND MANAGING SOIL, GROUNDWATER AND SURFACE WATER RELATED TO THE INSTALLATION OR MAINTENANCE OF STORM WATER DRAIN LINES OR WALKING TRAILS; AND
v. PLANS FOR THE PROPER CHARACTERIZATION OF, AND AS NECESSARY, DISPOSAL OF CONTAMINATED SOILS EXCAVATED DURING REDEVELOPMENT.
d. GROUNDWATER AT THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR ANY PURPOSE OTHER THAN EXTRACTING, AMENDING WITH INJECTANT, AND REINJECTING INTO THE AQUIFER UNDER THE AUTHORITY OF DEQ INJECTION PERMIT WI 0501044, WITHOUT THE PRIOR
WRITTEN APPROVAL OF DEQ.
e. DURING BROWNFIELDS PROPERTY USE THE THEN OWNER SHALL MAINTAIN THE CURRENT SOIL COVER OF 18 INCHES AT SWMU 12 AND 24 INCHES AT SWMU 13 SMWUS AS DENOTED ON THE PLAT COMPONENT OF THE NOTICE OF BROWNFIELDS PROPERTY AS
REFERENCED IN PARAGRAPH 20 BELOW), AS WELL AS ADEQUATE VEGETATIVE GROWTH TO PREVENT EROSION ON THOSE SWMUS. ANY MODIFICATION OR ALTERNATIVE TO THE COVER OR CAP THAT IS PRESENT AS OF THE EFFECTIVE DATE OF THIS AGREEMENT MUST BE
PREAPPROVED IN WRITING BY NC HAZARDOUS WASTE SECTION AND NC BROWNFIELDS PROGRAM. THE THEN OWNER SHALL EFFECT THE REPAIR OF ANY BREACHES OR EROSION THAT IMPAIR THE INTEGRITY OF THESE COVERED OR CAPPED AREAS. SAID REPAIRS MUST BE
INITIATED WITHIN 72 HOURS OF THEIR DISCOVERY PER 40 CFR 761.61 (A)(7). SAID REPAIRS SHALL BE NOTED IN THE LAND USE RESTRICTION UPDATE DESCRIBED IN SUBPARAGRAPH 15.0. BELOW.
f. NO SOIL IMPACTED BY PCBS AS DENOTED ON THE PLAT COMPONENT OF THE NOTICE OF BROWNFIELD PROPERTY AS REFERENCED IN PARAGRAPH 20 BELOW SHALL BE DISTURBED, MOVED, OR DISPOSED OF WITHOUT WRITTEN APPROVAL FROM THE NC HAZARDOUS WASTE
SECTION AND THE NC BROWNFIELDS PROGRAM, AND NO SOIL MAY 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 ABOVE IN SUBPARAGRAPH 15.C.
g. NO OCCUPANCY OF ANY NEWLY CONSTRUCTED BUILDING ON THE BROWNFIELDS PROPERTY MAY OCCUR UNTIL THE THEN OWNER OF THE BROWNFIELDS PROPERTY CONDUCTS REPRESENTATIVE FINAL GRADE SOIL SAMPLING OF AREAS THAT ARE NOT COVERED BY BUILDING
FOUNDATIONS, SIDEWALKS, OR ASPHALTIC OR CONCRETE PARKING AREAS AND DRIVEWAYS PURSUANT TO A PLAN APPROVED IN WRITING BY DEQ.
h. NO ENCLOSED BUILDING MAY BE CONSTRUCTED ON THE BROWNFIELDS PROPERTY AND NO EXISTING BUILDING, DEFINED AS THOSE DEPICTED ON THE PLAT COMPONENT OF THE NOTICE OF BROWNFIELDS PROPERTY REFERENCED IN PARAGRAPH 20 BELOW, MAY BE
OCCUPIED UNTIL DEQ DETERMINES IN WRITING THAT:
L THE BUILDING IS OR WOULD BE PROTECTIVE OF THE BUILDING'S USERS, PUBLIC HEALTH AND THE ENVIRONMENT FROM RISK OF VAPOR INTRUSION, INCLUDING METHANE GENERATED FROM THE REMEDIATION OF GROUNDWATER, 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 METHANE GENERATED FROM THE REMEDIATION OF GROUNDWATER; OR
iii. VAPOR INTRUSION MITIGATION MEASURES ARE DESIGNED, INSTALLED, AND IMPLEMENTED IN A MANNER THAT WILL FULLY PROTECT PUBLIC HEALTH 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, QUALITY ASSURANCE TESTING PROCEDURES, AND PERFORMANCE OF SAID MEASURES, AND TO DEQ. ANY DESIGN SPECIFICATION AND
QUALITY ASSURANCE TESTING PROCEDURES FOR VAPOR INTRUSION MITIGATION MEASURES SHALL BE APPROVED IN WRITING BY DEQ IN ADVANCE OF INSTALLATION AND/OR IMPLEMENTATION OF SAID MEASURES AND PROCEDURES.
L BY JANUARY 31st ANNUALLY AFTER 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:
L ACTIONS TAKEN ON THE BROWNFIELDS PROPERTY IN ACCORDANCE WITH SECTION V: WORK TO BE PERFORMED ABOVE, INCLUDING;
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).
j. NEITHER DEQ, NOR ANY PARTY CONDUCTING ENVIRONMENTAL ASSESSMENT, REMEDIATION, OR INSPECTION 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, REMEDIATION, OR INSPECTION WHICH IS TO BE CONDUCTED USING REASONABLE EFFORTS TO MINIMIZE INTERFERENCE WITH AUTHORIZED USES OF THE BROWNFIELDS PROPERTY.
k. 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 DURHAM COUNTY LAND RECORDS, BOOK --------, PAGE ----------- A COPY OF ANY SUCH INSTRUMENT SHALL BE SENT TO THE PERSONS LISTED IN SECTION XV (NOTICES AND SUBMISSIONS), THOUGH FINANCIAL FIGURES AND OTHER CONFIDENTIAL
INFORMATION RELATED TO THE CONVEYANCE MAY BE REDACTED TO THE EXTENT SAID REDACTIONS COMPLY WITH THE CONFIDENTIALITY AND TRADE SECRET PROVISIONS OF THE NORTH CAROLINA PUBLIC RECORDS LAW. THE OWNER MAY USE THE FOLLOWING MECHANISMS
TO COMPLY WITH THE OBLIGATIONS OF THIS SUBPARAGRAPH: (1) 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 SUBPARAGRAPH,
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.
I. NONE OF THE CONTAMINANTS KNOWN TO BE PRESENT IN THE ENVIRONMENTAL MEDIA AT THE BROWNFIELDS PROPERTY, AS DESCRIBED IN EXHIBIT 2 OF THIS AGREEMENT AND AS MODIFIED BY DEQ IN WRITING IF ADDITIONAL CONTAMINANTS IN EXCESS OF APPLICABLE
STANDARDS ARE DISCOVERED AT THE BROWNFIELDS PROPERTY, MAY BE USED OR STORED AT THE BROWNFIELDS PROPERTY WITHOUT THE PRIOR WRITTEN APPROVAL OF DEQ, EXCEPT:
L IN DE MINIMIS QUANTITIES FOR CLEANING AND OTHER ROUTINE HOUSEKEEPING AND MAINTENANCE ACTIVITIES;
ii. AS FUEL OR OTHER FLUIDS CUSTOMARILY USED IN VEHICLES, LANDSCAPING EQUIPMENT AND EMERGENCY GENERATORS;
iii. AS COMPOUNDS USED IN DEQ—APPROVED REMEDIAL ACTIVITIES; OR
iv. AS COMPOUNDS USED TO SUPPORT USES OF THE BROWNFIELDS PROPERTY APPROVED IN THIS AGREEMENT SUCH THAT SAID COMPOUNDS ARE NOT LOCATED WITHIN 100 FEET OF A SAMPLING LOCATION THAT HAS EXHIBITED THOSE CONTAMINANTS ABOVE
APPLICABLE STANDARDS OR SCREENING LEVELS, AS LONG AS SAID COMPOUNDS ARE STORED ON SOLID IMPERVIOUS SURFACES WITH SECONDARY CONTAINMENT AND DISTRIBUTED THROUGH ABOVE —GROUND PIPING OR ANY OTHER FORM OF ABOVE —GROUND
TRANSFER, AND ARE SUBJECT TO A SITE —SPECIFIC SPILL CONTROL PLAN PREPARED BY THE THEN OWNER OF THE BROWNFIELDS PROPERTY SUCH THAT, SHOULD A RELEASE OF THOSE SUBSTANCES OCCUR AT THE BROWNFIELDS PROPERTY, THE SUBJECT
CONTAMINANTS IN THAT RELEASE WOULD BE DISTINGUISHABLE FROM THE SUBJECT CONTAMINANTS IN ANY KNOWN RELEASE AT THE BROWNFIELDS PROPERTY THAT PREDATES THIS AGREEMENT.
m. THE OWNER OF ANY PORTION OF THE BROWNFIELDS PROPERTY WHERE ANY EXISTING, OR SUBSEQUENTLY INSTALLED, DEQ—APPROVED MONITORING WELL IS DAMAGED SHALL BE RESPONSIBLE FOR REPAIR OF ANY SUCH WELLS TO DEQ'S WRITTEN SATISFACTION AND WITHIN
A TIME PERIOD ACCEPTABLE TO DEQ, UNLESS COMPLIANCE WITH THIS LAND USE RESTRICTION IS WAIVED IN WRITING BY DEQ IN ADVANCE.
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 DURHAM COUNTY, CERTIFYING THAT, AS OF SAID JANUARY 1ST, THE NOTICE OF BROWNFIELDS PROPERTY CONTAINING THESE LAND USE RESTRICTIONS REMAINS
RECORDED AT THE DURHAM COUNTY REGISTER OF DEEDS OFFICE AND THAT THE LAND USE RESTRICTIONS ARE BEING COMPLIED WITH. THE SUBMITTED LURU SHALL STATE THE FOLLOWING:
L 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 TRANSFERRED ANY PART OF THE BROWNFIELDS PROPERTY DURING THE PREVIOUS CALENDAR;
iii. WHETHER ANY VAPOR BARRIER AND/OR MITIGATION SYSTEMS INSTALLED PURSUANT TO SUBPARAGRAPH 15.H.111. 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; AND
iv. WHETHER ANY SOIL CAPS INSTALLED PURSUANT TO SUBPARAGRAPH 15.E. CONTINUE TO BE MAINTAINED IN A CONDITION THAT PROTECTS THEIR INTEGRITY, AND WHETHER REPAIRS OF ANY BREACHES THAT IMPAIR THE INTEGRITY OF THESE CAPPED AREAS WERE
PERFORMED, AND IF SO, WHEN AND HOW.
v. 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.
'J
McADAMS
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, INC 27713
phone [phone]
fax [phone]
license number: C-0293, C-187
www.mcadamsco.com
OWNER & PROSPECTIVE DEVELOPER
TKC-3029 HOLDINGS, LLC
5935 CARNEGIE BLVD STE 200
CHARLOTTE, INC 28209
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REVISIONS
2 05. 21. 2020
LURs & DATA TABLES
3 05. 29. 2020
DEQ REVISIONS
PLAN INFORMATION
PROJECT NO.
KTH-17000
FILENAME
KTH17000-BR1
CHECKED BY
RTF
DRAWN BY
EMC
SCALE
1"=100'
DATE
11. 19. 2018
SHEET
6-9

The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred in April 2019. The following tables set forth, for contaminants present at the Brownfields Property above unrestricted use standards or screening levels, the applicable standard or
screening level, and the maximum and most recent concentration found at each Solid Waste Management Unit (SWMU) and Area of Concern (AOC) monitored as part of corrective action activities under Resource Conservation and Recovery Act (RCRA) Permit NCD052547635. With the exception of
polychlorinated biphenyls (PCBs) in soil, screening levels and groundwater standards are shown for reference only and are not set forth as cleanup levels for purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the standards for which are contained in Title 15A of the North Carolina Administrative Code, Subchapter 2L (2L), Rule .0202, (April 1, 2013 version):
Sample Location
p
Groundwater Contaminant
Sample ID
p
Maximum Concentration Exceeding
Standard (µg/L)
Date of Sampling
p g
Most Recent Concentration (µg/L)
Date of Sampling
2L Standard (µg/L)
AOC GW-6
1,4-Dioxane
GW-6
7.7J
4/7/2014
<25
4/1/2019
3
Benzene
IW-34
1.7
4/18/2018
<0.57
4/1/2019
1
Chloromethane
I W-34
8
2/11/2015
<0.46
4/1/2019
3
1,2-Dichloroethane
IW-34
0.44.1
2/11/2015
<0.41
4/1/2019
0.4
Iron
MW-11
5,590
4/7/2014
166
7/15/2019
300
Tetrachloroethene
GW-32S
7.6
3/18/2008
<0.39
4/1/2019
0.7
Trichloroethene
GW-6
55
3/18/2008
<0.74
4/2/2019
3
Vinyl Chloride
GW-6
41
10/9/2017
26
4/2/2019
0.03
Area Along Strike of ACC GW-6
2-Butanone
IW-30
48,000
12/13/2013
<1.3
4/1/2019
4,000
Acetone
IW-30
6,600
12/13/2013
<10
4/1/2019
6,000
Benzene
IW-32
1.6
4/10/2017
0.72J
4/1/2019
1
1,2-Dichloroethane
GW-36S
0.56
4/9/2014
<0.41
4/2/2019
0.4
Iron
GW-36S
12,000
2/11/2015
169
4/2/2019
300
Methylene Chloride
IW-30
14J
7/31/2014
<0.37
4/1/2019
5
Tetrachloroethene
GW-36S
9.3
3/18/2008
2.5
4/2/2019
0.7
Trichloroethene
GW-36S
64
3/18/2008
16
4/2/2019
3
Vinyl Chloride
IW-31
30
4/1/2019
30
4/1/2019
0.03
AOC
W-1
Chloride
W-1
360,000
4/18/2017
28,000
4/3/2019
250,000
cis-1,2-Dichloroethene
IW-36
130
1/21/2016
59
4/3/2019
70
Iron
W-1
44,200
4/3/2019
44,200
4/3/2019
300
Tetrachloroethene
W-1
7.4
3/14/2008
<39
4/3/2019
0.7
Trichloroethene
W-1
200
4/10/2014
<74
4/3/2019
3
Vinyl Chloride
IW-36
27
4/19/2018
12
4/3/2019
0.03
SWMU-4
Benzene
GW-53S
15
9/24/2012
2.9
4/3/2019
1
Bis(2-ethylhexyl) Phthalate
GW-53S
7.2
12/20/2013
2J
2/12/2015
3
Chlorobenzene
GW-53S
67
9/24/2012
7.3
4/3/2019
50
Iron
GW-53S
40,400
12/20/2013
9,460
4/3/2019
300
Tetrachloroethene
GW-53S
0.97
9/24/2012
<0.39
4/3/2019
0.7
1Sample locations are representative of Solid Waste Management Units (SWMUs) and Areas of Concern (ADCs) monitored on the Brownfields Property as part of corrective action activities under Resource Conservation and Recovery Act (RCRA) Permit NCD052547635. Laboratory analytical results
were obtained from the database managed by Golder Associates NC, Inc., which includes data collected only from March 2008 through April 2019. Data from onsite wells collected prior to March 2008 may reflect concentrations higher than those maximum concentrations reported herein. Recent
reductions in concentrations reflected in this table are likely due to in -situ groundwater remedial efforts that commenced in 2014.
J = compound was detected above the laboratory method detection limit but below the laboratory reporting limit resulting in an estimated concentration.
'J
McADAMS
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, NC 27713
phone [phone]
fax [phone]
license number: C-0293, C-187
www.mcadamsco.com
OWNER & PROSPECTIVE DEVELOPER
TKC-3029 HOLDINGS, LLC
5935 CARNEGIE BLVD STE 200
CHARLOTTE, NC 28209
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M
REVISIONS
2 05. 21. 2020
LURs & DATA TABLES
3 05. 29. 2020
DEQ REVISIONS
PLAN INFORMATION
PROJECT NO.
KTH-17000
FILENAME
KTH17000-BR1
CHECKED BY
RTF
DRAWN BY
EMC
SCALE
1"=100'
DATE
11. 19.2018
SHEET
7-9

The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred in April 2019. The following tables set forth, for contaminants present at the Brownfields Property above unrestricted use standards or screening levels, the applicable standard or
screening level, and the maximum and most recent concentration found at each Solid Waste Management Unit (SWMU) and Area of Concern (AOC) monitored as part of corrective action activities under Resource Conservation and Recovery Act (RCRA) Permit NCD052547635. With the exception of
polychlorinated biphenyls (PCBs) in soil, screening levels and groundwater standards are shown for reference only and are not set forth as cleanup levels for purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the standards for which are contained in Title 15A of the North Carolina Administrative Code, Subchapter 2L (2L), Rule .0202, (April 1, 2013 version):
Sample Location'
Groundwater Contaminant
Sample ID
Maximum Concentration Exceeding
Standard (µg/L)
Date of Sampling
Most Recent Concentration (µg/L)
Date of Sampling
2L Standard (µg/L)
SWMU-13
Acetone
BNP-1 /
I W-17
8,600J
12/19/2013
<2,000
4/11/2019
6,000
Acrolein
EW-04D
1,300
4/11/2014
630
1/10/2019
4
Benzene
P-5
3,800
2/3/2017
2,800
4/11/2019
1
Bis(2-chloroethyl) Ether
GW-4
5.3
12/19/2013
<130
4/11/2019
0.03
Bis(2-ethylhexyl) Phthalate
GW-4
61100
4/27/2018
<95
4/11/2019
3
Bromodichloromethane
EW-2
4.4.1
3/7/2018
<0.45
1/9/2019
0.6
Bromoform
EW-2
17
3/7/2018
<0.45
1/9/2019
4
2-Butanone
IW-10D
71300
12/26/2013
<1.3
4/12/2019
4,000
Carbon Tetrachloride
GW-4
280J
4/11/2014
<22
4/11/2019
0.3
Chloride
G W-4
360,000
4/27/2018
170,000
4/11/2019
250,000
Chlorobenzene
P-5
200
4/20/2017
<250
4/11/2019
50
Chlorobenzene
IW-07-S
200
11/16/2018
<50
4/11/2019
50
Chlorobenzene
P-5
200
6/27/2016
<250
4/11/2019
50
Chloroform
BNP-1 /
I W-17
39,000
10/14/2008
610
4/11/2019
70
Chloromethane
I W-18
7.6
6/27/2016
<0.46
4/10/2019
3
Dibromochloromethane
EW-2
4.3.1
3/7/2018
<0.41
1/9/2019
0.4
cis-1,2-Dichloroethene
P-5
190,000
2/3/2017
110,000
4/11/2019
70
1,1-Dichloroethane
P-5
510J
2/3/2017
<240
4/11/2019
6
1,1-Dichloroethene
P-5
3,500
2/3/2017
1,100
4/11/2019
350
1,2-Dichloroethane
BNP-1 /
I W-17
29,000
4/8/2008
390
4/11/2019
0.4
1,4-Dichlorobenzene
IW-01
24
10/4/2016
10
4/4/2019
6
1,4-D i oxa ne
P-5
1,800
1/25/2016
<12,000
4/11/2019
3
2-Hexanone
GW-4
2,000
10/10/2018
<44
4/11/2019
40
Iron
BNP-4
640,000
10/14/2008
17,100
4/4/2019
300
m,p-Xylenes
P-5
840J
10/10/2018
<600
4/11/2019
500
4-Methyl-2-pentanone
BNP-1 /
I W-17
530J
12/17/2015
<220
4/11/2019
100
Methylene Chloride
BNP-1 /
I W-17
9,600
4/8/2008
<74
4/11/2019
5
Naphthalene
P-5
92
4/20/2017
<60
4/11/2019
6
Phenol
GW-4
180J
4/11/2019
180J
4/11/2019
30
Tetrach I oroethe n e
I W-07-S
1,100
11/16/2018
220
4/11/2019
0.7
1,1,2,2-Tetrachloroethane
BNP-1 /
I W-17
280
12/17/2015
<60
4/11/2019
0.2
Toluene
P-5
1,300
2/3/2017
800
4/11/2019
600
trans-1,2-Dichloroethene
P-5
1,800
2/3/2017
1,200
4/11/2019
100
trans-1,3-Dichloropropene
BNP-4
1.7
1/26/2016
<0.31
4/4/2019
0.40
1,1,2-Trichloroethane
P-5
110
4/20/2017
<190
4/11/2019
0.6
Trichloroethene
BNP-1 /
I W-17
150,000
4/8/2008
<150
4/11/2019
3
1, 2, 3-Trich I o rop ropa ne
P-5
0.43.1
1/25/2016
<240
4/11/2019
0.01
Vinyl Chloride
BNP-1 /
I W-17
24,000
4/11/2019
24,000
4/11/2019
0.03
Xylenes, Total
BNP-1 /
I W-17
1,200.1
9/16/2015
530J
4/11/2019
500
SWMU-15/16
Benzene
IW-25
3.6
4/14/2017
<0.57
4/5/2019
1
Bis(2-ethylhexyl) Phthalate
MW-12
4.9.1
12/18/2013
4.9.1
12/18/2013
3
Carbon Tetrachloride
IW-28
0.42.1
12/26/2013
<0.43
4/5/2019
0.3
Chloride
G W-18S
480,000
4/2/2019
480,000
4/2/2019
250,000
cis-1,2-Dichloroethene
IW-25
820
3/4/2015
7.8
4/5/2019
70
1,1-Dichloroethane
IW-28
35
3/4/2015
7.4
4/5/2019
6
1,2-Dichloroethane
IW-28
3.1.1
3/4/2015
<0.41
4/5/2019
0.4
1,4-Dioxane
GW-41SR
40
11/5/2014
<25
4/2/2019
3
Iron
MW-12
32,300
8/6/2014
3,390
4/8/2019
300
Methylene Chloride
IW-29
5.7.1
12/18/2013
0.58J
4/2/2019
5
Tetrachloroethene
GW-16S
20J
4/7/2008
<0.39
4/2/2019
0.7
Toluene
GW-16S
6,400
3/23/2016
<0.57
4/2/2019
600
Trichloroethene
GW-41S/GW-41SR
4,300
3/20/2008
2.2
4/2/2019
3
Vinyl Chloride
GW-41S/GW-41SR
380
6/21/2016
33
4/2/2019
0.03
1 Sample locations are representative of Solid Waste Management Units (SWMUs) and Areas of Concern (AOCs) monitored on the Brownfields Property as part of corrective action activities under Resource Conservation and Recovery Act (RCRA) Permit NCD052547635. Laboratory analytical results
were obtained from the database managed by Golder Associates NC, Inc., which includes data collected only from March 2008 through April 2019. Data from onsite wells collected prior to March 2008 may reflect concentrations higher than those maximum concentrations reported herein. Recent
reductions in concentrations reflected in this table are likely due to in -situ groundwater remedial efforts that commenced in 2014.
J = compound was detected above the laboratory method detection limit but below the laboratory reporting limit resulting in an estimated concentration.
'J
McADAMS
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, NC 27713
phone [phone]
fax [phone]
license number: C-0293, C-187
www.mcadamsco.com
OWNER & PROSPECTIVE DEVELOPER
TKC-3029 HOLDINGS, LLC
5935 CARNEGIE BLVD STE 200
CHARLOTTE, NC 28209
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REVISIONS
2 05. 21. 2020
LURs & DATA TABLES
3 05. 29. 2020
DEQ REVISIONS
PLAN INFORMATION
PROJECT NO.
KTH-17000
FILENAME
KTH17000-BR1
CHECKED BY
RTF
DRAWN BY
EMC
SCALE
1"=100'
DATE
11. 19.2018
SHEET
8-9

The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred in April 2019. The following tables set forth for contaminants resent at the Brownfields Property above unrestricted use standards or screening levels the applicable standard or
p g p Y p p p g p p Y g pp
screening level, and the maximum and most recent concentration found at each Solid Waste Management Unit (SWMU) and Area of Concern (AOC) monitored as part of corrective action activities under Resource Conservation and Recovery Act (RCRA) Permit NCD052547635. With the exception of
polychlorinated biphenyls (PCBs) in soil, screening levels and groundwater standards are shown for reference only and are not set forth as cleanup levels for purposes of this Agreement.
GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter (the equivalent of parts per billion), the vapor intrusion screening levels for which are derived from the Non -Residential Vapor Intrusion Screening Levels of the Division of Waste Management (February 2018
version):
Sample Location i
Groundwater Contaminant
Sample ID
Maximum Concentration Exceeding
Standard (µg/L)
Date of Sampling
Most Recent Concentration (µg/L)
Date of Sampling
Non -Residential VISL Z
(µg/L)
AOC GW-6
Trichloroethene
GW-6
55
3/18/2008
<0.74
4/2/2019
4.4
Vinyl Chloride
GW-6
41
10/9/2017
26
4/2/2019
25
Area Along Strike of AOC GW-6
Trichloroethene
GW-36S
64
3/18/2008
16
4/2/2019
4.4
Vinyl Chloride
IW-31
30
4/1/2019
30
4/1/2019
25
ACC W-1
Trichloroethene
W-1
200
4/10/2014
<74
4/3/2019
4.4
Vinyl Chloride
IW-36
27
4/19/2018
12
4/3/2019
25
SWMU-13
Acetonitrile
P-5
70,000
03/28/2016
<2,500
4/11/2019
37,000
Acrolein
BNP-4
1,500J
04/11/2014
<4.0
4/4/2019
3.5
Benzene
P-5
3,800
02/03/2017
2,800
4/11/2019
69
Carbon Tetrachloride
GW-4
280J
04/11/2014
<22
4/11/2019
18
Chloroform
BNP-1 /
IW-17
39,000
10/14/2008
610
4/11/2019
36
1,1-Dichloroethane
P-5
5101
2/3/2017
<240
4/11/2019
330
1,1-Dichloroethene
P-5
3,500
2/3/2017
1,100
4/11/2019
160
1,2-Dichloroethane
BNP-1 /
IW-17
29,000
04/08/2008
390
4/11/2019
98
Ethylbenzene
BNP-1 /
IW-17
270J
09/16/2015
130J
4/11/2019
150
m,p-Xylenes
P-5
840J
10/10/2018
<600
4/11/2019
300
Methylene Chloride
BNP-1 /
IW-17
9,600
04/08/2008
370J
4/11/2019
4,000
1,1,2,2-Tetrachloroethane
BNP-1 /
IW-17
280
12/17/2015
<60
4/11/2019
140
Tetrachloroethene
IW-07-S
1,100
11/16/2018
220
4/11/2019
48
1,1,2-Trichloroethane
P-5
110
04/20/2017
<190
4/11/2019
5.2
Trichloroethene
BNP-1 /
IW-17
150,000
04/08/2008
<150
4/11/2019
4.4
Vinyl Chloride
BNP-4
15,000
2/23/2015
17
4/4/2019
25
Vinyl Chloride
BNP-1 /
1W-17
24,000
04/11/2019
24,000
4/11/2019
25
Xylenes, Total
P-5
1,1001
10/10/2018
<800
4/11/2019
320
Xylenes, Total
BNP-1 /
1W-17
1,200.1
09/16/2015
530J
4/11/2019
320
SWMU-15/16
1,1-Dichloroethene
IW-28
220
3/4/2015
3.5
4/5/2019
160
Trichloroethene
GW-41S / GW41SR
4,300
3/20/2008
2.2
4/2/2019
4.4
Vinyl Chloride
GW-41S / GW41SR
380
6/21/2016
33
4/2/2019
25
1 Sample locations are representative of Solid Waste Management Units (SWMUs) and Areas of Concern (AOCs) monitored on the Brownfields Property as part of corrective action activities under Resource Conservation and Recovery Act (RCRA) Permit NCD052547635. Laboratory analytical results
were obtained from the database managed by Golder Associates NC, Inc., which includes data collected only from March 2008 through April 2019. Data from onsite wells collected prior to March 2008 may reflect concentrations higher than those maximum concentrations reported herein. Recent
reductions in concentrations reflected in this table are likely due to in -situ groundwater remedial efforts that commenced in 2014.
2 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.
J = compound was detected above the laboratory method detection limit but below the laboratory reporting limit resulting in an estimated concentration.
SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the screening levels for which are derived from the Preliminary Industrial/Commercial Health- Based Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section (December 2019 version) or
the Toxic Substance Control Act (TSCA) High Occupanacy Standard (40 CFR Part 761) of the United States Environmental Protection Agency:
Sample Location 1
Soil Contaminant
Sample ID
Date of Sampling
Depth (ft)
Concentration Exceeding Screening
Level (mg/kg)
Screening Level 2
(mg/kg)
SWMU-12
PCBs
Various 3
2012
2-9
NA
>_ 1 and < 10
SWMU-13
Chloroform
RF113B6-SS8
7/8/1999
14-15.9
3.4 J
1.5
Trichloroethene
RF113B2-SS7
6/29/1999
12-14
5.8 J
4.0
PCBs
Various 3
1998-2012
2-14
NA
>_ 1 and < 10
1 Sample locations are representative of Solid Waste Management Units (SWMUs), Areas of Concern (ADCs), and compliance wells monitored as part of corrective action activities under Resource Conservation and Recovery Act (RCRA) Permit NCD052547635.
2Screening levels displayed for non -carcinogen VOCs are for a hazard quotient equal to 0.2. Screening levels displayed for carcinogen VOCs are for a 1.0E-6 lifetime incremental cancer risk. Screening levels displayed for PCBs represent the TSCA High Occupancy Standard (1 mg/kg) and level (< 10
mg/kg) at which soil must be covered with a cap (40 CFR § 761.61).
3
Laboratory analytical results were obtained from reports prepared by Golder Associates NC, Inc., which includes data collected from 1998 through 2012.
J = compound was detected above the laboratory method detection limit but below the laboratory reporting limit resulting in an estimated concentration.
NA = not applicable
PCB = polychlorinated biphenyl
'J
McADAMS
The John R. McAdams Company, Inc.
2905 Meridian Parkway
Durham, NC 27713
phone [phone]
fax [phone]
license number: C-0293, C-187
www.mcadamsco.com
OWNER & PROSPECTIVE DEVELOPER
TKC-3029 HOLDINGS, LLC
5935 CARNEGIE BLVD STE 200
CHARLOTTE, NC 28209
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REVISIONS
2 05. 21. 2020
LURs & DATA TABLES
3 05. 29. 2020
DEQ REVISIONS
PLAN INFORMATION
PROJECT NO.
KTH-17000
FILENAME
KTH17000-BR1
CHECKED BY
RTF
DRAWN BY
EMC
SCALE
1"=100'
DATE
11. 19.2018
SHEET
9-9

Exhibit C
BEGINNING AT A CONCRETE MONUMENT ON THE RIGHT OF WAY OF CORNWALLIS ROAD;
THENCE LEAVING SAID RIGHT OF WAY AND WITH THE COMMON LINE OF TRIANGLE
UNIVERSITIES CENTER FOR ADVANCED STUDIES INC. NORTH 17043'48" EAST A DISTANCE OF
747.30 FEET TO AN IRON PIPE; THENCE NORTH 02°04'59" EAST A DISTANCE OF 734.80 FEET TO AN
IRON PIPE; THENCE SOUTH 89°57'39" EAST A DISTANCE OF 2,173.39 FEET TO A CONCRETE
MONUMENT ON THE RIGHT OF WAY OF THE DURHAM FREEWAY/ N.C. 147; THENCE WITH SAID
RIGHT OF WAY WITH A CURVE TO THE RIGHT A RADIUS OF 5,389.54 FEET, AN ARC LENGTH OF
674.61 FEET, A CHORD BEARING OF SOUTH 14°40'48" WEST, A CHORD LENGTH OF 674.17 FEET TO
A CONCRETE MONUMENT; THENCE SOUTH 18°20'43" WEST A DISTANCE OF 1,646.75 FEET TO A
CONCRETE MONUMENT; THENCE WITH A CURVE TO THE RIGHT A RADIUS OF 603.11 FEET, AN
ARC LENGTH OF 524.96 FEET, A CHORD BEARING OF SOUTH 43°14'57" WEST, A CHORD LENGTH
OF 508.55 FEET TO A CONCRETE MONUMENT; THENCE SOUTH 68°14'38" WEST A DISTANCE OF
488.97 FEET TO A CONCRETE MONUMENT ON THE RIGHT OF WAY OF SAID CORNWALLIS ROAD;
THENCE WITH SAID RIGHT OF WAY NORTH 33035'43" WEST A DISTANCE OF 1,372.79 FEET TO A
CONCRETE MONUMENT; THENCE NORTH 44°36'44" WEST A DISTANCE OF 251.10 FEET TO THE
POINT OF BEGINNING, CONTAINING 4,556,597 SQUARE FEET OR 104.61 ACRES.

Exhibit 1

Exhibit 2
The most recent environmental sampling at the Brownfields Property reported in the Environmental Reports occurred in April 2019.
The following tables set forth, for contaminants present at the Brownfields Property above unrestricted use standards or screening levels,
the applicable standard or screening level, and the maximum and most recent concentration found at each Solid Waste Management Unit
(SWMU) and Area of Concern (AOC) monitored as part of corrective action activities under Resource Conservation and Recovery Act
(RCRA) Permit NCD052547635. With the exception of polychlorinated biphenyls (PCBs) in soil, screening levels and groundwater
standards are shown for reference only and are not set forth as cleanup levels for purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion), the standards for which are contained in Title
15A of the North Carolina Administrative Code, Subchapter 2L (2L), Rule .0202, (April 1, 2013 version):
Sample Location'
Groundwater Contaminant
Sample ID
Maximum
Concentration
Exceeding
Standard
(µl/L)
Date of
Sampling
Most Recent
Concentration
(µg/L)
Date of
Sampling
2L
Standard
(µg/L)
AOC GW-6
1,4-Dioxane
GW-6
7.7J
4/7/2014
<25
4/1/2019
3
Benzene
IW-34
1.7
4/18/2018
<0.57
4/1/2019
1
Chloromethane
IW-34
8
2/11/2015
<0.46
4/1/2019
3
1,2-Dichloroethane
IW-34
0.44J
2/11/2015
<0.41
4/1/2019
0.4
Iron
MW-11
5,590
4/7/2014
166
7/15/2019
300
Tetrachloroethene
GW-32S
7.6
3/18/2008
<0.39
4/1/2019
0.7
Trichloroethene
GW-6
55
3/18/2008
<0.74
4/2/2019
3
Vinyl Chloride
GW-6
41
10/9/2017
26
4/2/2019
0.03
Area Along Strike
of AOC GW-6
2-Butanone
IW-30
48,000
12/13/2013
<1.3
4/1/2019
4,000
Acetone
IW-30
6,600
12/13/2013
<10
4/1/2019
6,000
Benzene
IW-32
1.6
4/10/2017
0.72J
4/1/2019
1
1,2-Dichloroethane
GW-36S
0.56
4/9/2014
<0.41
4/2/2019
0.4
Iron
GW-36S
12,000
2/11/2015
169
4/2/2019
300
Methylene Chloride
IW-30
14J
7/31/2014
<0.37
4/1/2019
5
Tetrachloroethene
GW-36S
9.3
3/18/2008
2.5
4/2/2019
0.7
Trichloroethene
GW-36S
64
3/18/2008
16
4/2/2019
3
Vinyl Chloride
IW-31
30
4/1/2019
30
4/1/2019
0.03
AOC
W-1
Chloride
W-1
360,000
4/18/2017
28,000
4/3/2019
250,000
cis-1,2-Dichloroethene
IW-36
130
1/21/2016
59
4/3/2019
70
Iron
W-1
44,200
4/3/2019
44,200
4/3/2019
300
Tetrachloroethene
W-1
7.4
3/14/2008
<39
4/3/2019
0.7
Trichloroethene
W-1
200
4/10/2014
<74
4/3/2019
3
Vinyl Chloride
IW-36
27
4/19/2018
12
4/3/2019
0.03
SWMU-4
Benzene
GW-53S
15
9/24/2012
2.9
4/3/2019
1
Bis(2-ethylhexyl) Phthalate
GW-53S
7.2
12/20/2013
2J
2/12/2015
3
Chlorobenzene
GW-53S
1 67
1 9/24/2012
1 7.3
1 4/3/2019
1 50
Iron
GW-53S
40,400
12/20/2013
9,460
4/3/2019
300
Tetrachloroethene
GW-53S
0.97
9/24/2012
<0.39
4/3/2019
0.7

Sample Locations
Groundwater Contaminant
Sample ID
Maximum
Concentration
Exceeding
Standard
(Ng/L)
Date of
Sampling
Most Recent
Concentration
(µg/L)
Date of
Sampling
2L
Standard
(µg/L)
SWMU-13
Acetone
BNP-1 /
IW-17
8,600J
12/19/2013
<2,000
4/11/2019
6,000
Acrolein
EW-04D
1,300
4/11/2014
630
1/10/2019
4
Benzene
P-5
3,800
2/3/2017
2,800
4/11/2019
1
Bis(2-chloroethyl) Ether
GW-4
5.3
12/19/2013
<130
4/11/2019
0.03
Bis(2-ethylhexyl) Phthalate
GW-4
6,100
4/27/2018
<95
4/11/2019
3
Bromodichloromethane
EW-2
4.4J
3/7/2018
<0.45
1/9/2019
0.6
Bromoform
EW-2
17
3/7/2018
<0.45
1/9/2019
4
2-Butanone
IW-IOD
7,300
12/26/2013
<1.3
4/12/2019
4,000
Carbon Tetrachloride
GW-4
280J
4/11/2014
<22
4/11/2019
0.3
Chloride
GW-4
360,000
4/27/2018
170,000
4/11/2019
250,000
Chlorobenzene
P-5
200
4/20/2017
<250
4/11/2019
50
Chlorobenzene
IW-07-S
200
11/16/2018
<50
4/11/2019
50
Chlorobenzene
P-5
200
6/27/2016
<250
4/11/2019
50
Chloroform
BNP-1 /
IW-17
39,000
10/14/2008
610
4/11/2019
70
Chloromethane
IW-18
7.6
6/27/2016
<0.46
4/10/2019
3
Dibromochloromethane
EW-2
4.3J
3/7/2018
<0.41
1/9/2019
0.4
cis-1,2-Dichloroethene
P-5
190,000
2/3/2017
110,000
4/11/2019
70
1, 1 -Dichloroethane
P-5
510J
2/3/2017
<240
4/11/2019
6
1, 1 -Dichloroethene
P-5
3,500
2/3/2017
1,100
4/11/2019
350
1 2-Dichloroethane
BNP-1 /
IW-17
29,000
4/8/2008
390
4/11/2019
0.4
1,4-Dichlorobenzene
IW-01
24
10/4/2016
10
4/4/2019
6
1,4-Dioxane
P-5
1,800
1/25/2016
<12,000
4/11/2019
3
2-Hexanone
GW-4
2,000
10/10/2018
<44
4/11/2019
40
Iron
BNP-4
640,000
10/14/2008
17,100
4/4/2019
300
m,p-Xylenes
P-5
840J
10/10/2018
<600
4/11/2019
500
4-Methyl-2-pentanone
BNP-1 /
IW-17
530J
12/17/2015
<220
4/11/2019
100
Methylene Chloride
BNP-1 /
IW-17
9,600
4/8/2008
<74
4/11/2019
5
Naphthalene
P-5
92
4/20/2017
<60
4/11/2019
6
Phenol
GW-4
180J
4/11/2019
1801
4/11/2019
30
Tetrachloroethene
IW-07-S
1,100
11/16/2018
220
4/11/2019
0.7
111,2,2-Tetrachloroethane
BNP-1 /
IW-17
280
12/17/2015
<60
4/11/2019
0.2

Maximum
Sample Locations
Groundwater Contaminant
Sample ID
Concentration
Exceeding
Standard
Date of
Sampling
Most Recent
Concentration
(µg/L)
Date of
Sampling
2L
Standard
(µg/L)
(gg/L)
Toluene
P-5
1,300
2/3/2017
800
4/11/2019
600
trans-1,2-Dichloroethene
P-5
1,800
2/3/2017
1,200
4/11/2019
100
trans-1,3-Dichloropropene
BNP-4
1.7
1/26/2016
<0.31
4/4/2019
0.40
1,1,2-Trichloroethane
P-5
110
4/20/2017
<190
4/11/2019
0.6
SWMU-13
Trichloroethene
BNP-1 /
IW-17
150,000
4/8/2008
<150
4/11/2019
3
1,2,3-Trichloropropane
P-5
0.43J
1/25/2016
<240
4/11/2019
0.01
Vinyl Chloride
BNP-1 /
IW-17
24,000
4/11/2019
24,000
4/11/2019
0.03
Xylenes, Total
BNP-1 /
IW-17
1,200J
9/16/2015
530J
4/11/2019
500
Benzene
IW-25
3.6
4/14/2017
<0.57
4/5/2019
1
Bis(2-ethylhexyl) Phthalate
MW-12
4.9J
12/18/2013
4.9J
12/18/2013
3
Carbon Tetrachloride
IW-28
0.42J
12/26/2013
<0.43
4/5/2019
0.3
Chloride
GW-18S
480,000
4/2/2019
480,000
4/2/2019
250,000
cis-1,2-Dichloroethene
IW-25
820
3/4/2015
7.8
4/5/2019
70
1, 1 -Dichloroethane
IW-28
35
3/4/2015
7.4
4/5/2019
6
1,2-Dichloroethane
IW-28
3.lJ
3/4/2015
<0.41
4/5/2019
0.4
1,4-Dioxane
GW-41SR
40
11/5/2014
<25
4/2/2019
3
SWMU-15/16
Iron
MW-12
32,300
8/6/2014
3,390
4/8/2019
300
Methylene Chloride
IW-29
5.7J
12/18/2013
0.58J
4/2/2019
5
Tetrachloroethene
GW-16S
20J
4/7/2008
<0.39
4/2/2019
0.7
Toluene
GW-16S
6,400
3/23/2016
<0.57
4/2/2019
600
Trichloroethene
GW-41S /
GW-41 SR
4,300
3/20/2008
2.2
4/2/2019
3
Vinyl Chloride
GW-41S /
GW-41 SR
380
6/21/2016
33
4/2/2019
0.03
1Sample locations are representative of Solid Waste Management Units (SWMUs) and Areas of Concern (AOCs) monitored on the
Brownfields Property as part of corrective action activities under Resource Conservation and Recovery Act (RCRA) Permit
NCD052547635. Laboratory analytical results were obtained from the database managed by Golder Associates NC, Inc., which includes
data collected only from March 2008 through April 2019. Data from onsite wells collected prior to March 2008 may reflect
concentrations higher than those maximum concentrations reported herein. Recent reductions in concentrations reflected in this table are
likely due to in -situ groundwater remedial efforts that commenced in 2014.
J = compound was detected above the laboratory method detection limit but below the laboratory reporting limit resulting in an
estimated concentration.

GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter (the equivalent of parts per billion), the vapor
intrusion screening levels for which are derived from the Non -Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (February 2018 version):
�
Sample Location
Groundwater Contaminant
Sample ID
Maximum
Concentration
Exceeding
Standard
(µg/L)
Date of
Sampling
Most Recent
Concentration
(µg/L)
Date of
Sampling
Non -
Residential
VISLz
(µg/L)
AOC GW-6
Trichloroethene
GW-6
55
3/18/2008
<0.74
4/2/2019
4.4
Vinyl Chloride
GW-6
41
10/9/2017
26
4/2/2019
25
Area Along Strike
of AOC GW-6
Trichloroethene
GW-36S
64
3/18/2008
16
4/2/2019
4.4
Vinyl Chloride
IW-31
30
4/1/2019
30
4/1/2019
25
AOC W-1
Trichloroethene
W-1
200
4/10/2014
<74
4/3/2019
4.4
Vinyl Chloride
IW-36
27
4/19/2018
12
4/3/2019
25
SWMU-13
Acetonitrile
P-5
70,000
03/28/2016
<2,500
4/11/2019
37,000
Acrolem
BNP-4
1,500J
04/11/2014
<4.0
4/4/2019
3.5
Benzene
P-5
3,800
02/03/2017
2,800
4/11/2019
69
Carbon Tetrachloride
GW-4
280J
04/11/2014
<22
4/11/2019
18
Chloroform
BNP-1 /
IW-17
39,000
10/14/2008
610
4/11/2019
36
1, 1 -Dichloroethane
P-5
510J
2/3/2017
<240
4/11/2019
330
1, 1 -Dichloroethene
P-5
3,500
2/3/2017
1,100
4/11/2019
160
1,2-Dichloroethane
BNP-1 /
IW-17
29,000
04/08/2008
390
4/11/2019
98
Ethylbenzene
BNP-1 /
IW-17
270J
09/16/2015
130J
4/11/2019
150
m,p-Xylenes
P-5
840J
10/10/2018
<600
4/11/2019
300
Methylene Chloride
BNP-1 /
IW-17
9,600
04/08/2008
370J
4/11/2019
4,000
1,1,2,2-Tetrachloroethane
BNP-1 /
IW-17
280
12/17/2015
<60
4/11/2019
140
Tetrachloroethene
IW-07-S
1,100
11/16/2018
220
4/11/2019
48
1,1,2-Trichloroethane
P-5
110
04/20/2017
<190
4/11/2019
5.2
Trichloroethene
BNP-1 /
IW-17
150,000
04/08/2008
<150
4/11/2019
4.4
Vinyl Chloride
BNP-4
15,000
2/23/2015
17
4/4/2019
25
Vinyl Chloride
BNP-1 /
IW-17
24,000
04/11/2019
24,000
4/11/2019
25
Xylenes, Total
P-5
1,1001
10/10/2018
<800
4/11/2019
320
Xylenes, Total
BNP-1 /
IW-17
1,200J
09/16/2015
530J
4/11/2019
320
SWMU-15/16
1, 1 -Dichloroethene
IW-28
220
3/4/2015
3.5
4/5/2019
160
Trichloroethene
GW-41 S /
GW-41SR
4,300
3/20/2008
2.2
4/2/2019
4.4
Vinyl Chloride
GW-41 S /
GW-41SR
380
6/21/2016
33
4/2/2019
25

1Sample locations are representative of Solid Waste Management Units (SWMUs) and Areas of Concern (AOCs) monitored on the
Brownfields Property as part of corrective action activities under Resource Conservation and Recovery Act (RCRA) Permit
NCD052547635. Laboratory analytical results were obtained from the database managed by Golder Associates NC, Inc., which includes
data collected only from March 2008 through April 2019. Data from onsite wells collected prior to March 2008 may reflect
concentrations higher than those maximum concentrations reported herein. Recent reductions in concentrations reflected in this table are
likely due to in -situ groundwater remedial efforts that commenced in 2014.
2Screening 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.
J = compound was detected above the laboratory method detection limit but below the laboratory reporting limit resulting in an
estimated concentration.
SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the screening levels for which are derived
from the Preliminary Industrial/Commercial Health- Based Soil Remediation Goals of the Inactive Hazardous Sites Branch
of DEQ's Superfund Section (December 2019 version) or the Toxic Substance Control Act (TSCA) High Occupanacy
Standard (40 CFR Part 761) of the United States Environmental Protection Agency:
Concentration
Screening
1
Date of
Exceeding
2
Sample Location
Soil Contaminant
Sample ID
Depth (ft)
Level
Sampling
Screening
Level (mg/kg)
(mpg)
SWMU-12
PCBs
Various3
2012
2-9
NA
>_ 1 and<10
ASS 1 6
Chloroform
7/8/1999
14-15.9
3.4 J
1.5
Trichloroethene
RFSSB2
6/29/1999
12-14
5.8 J
4.0
SWMU-13
PCBs
Various
1998-2012
1 2-14
NA
>_ 1 and < 10
'Sample locations are representative of Solid Waste Management Units (SWMUs), Areas of Concern (AOCs), and
compliance wells monitored as part of corrective action activities under Resource Conservation and Recovery Act (RCRA)
Permit NCD052547635.
2Screening levels displayed for non -carcinogen VOCs are for a hazard quotient equal to 0.2. Screening levels displayed for
carcinogen VOCs are for a 1.0E-6 lifetime incremental cancer risk. Screening levels displayed for PCBs represent the
TSCA High Occupancy Standard (1 mg/kg) and level (< 10 mg/kg) at which soil must be covered with a cap (40 CFR §
761.61).
LLaboratory analytical results were obtained from reports prepared by Golder Associates NC, Inc., which includes data
collected from 1998 through 2012.
J = compound was detected above the laboratory method detection limit but below the laboratory reporting limit resulting in
an estimated concentration.
NA = not applicable
PCB = polychlorinated biphenyl

FOR REGISTRATION
Willie L. Covington
REGISTER OF DEEDS
Durham Count yy NC
2014 NOV 06 11:2d:49 AM
BK:7597 PG:858-861
NOTICE
FEE:$26.00
INSTRUMENT # 2014034141
SCEARNEL
I
If I I+
I
2014034141
STATE OF NORTH CAROLINA Notice of Land Use Restrictions
COUNTY OF DURHAM
This document was prepared by and upon recording should be returned to:
Womble, Carlyle, Sandridge & Rice LLP
Attention: Bradley A. De Vore
Suite 3500
301 South College Street
Charlotte, NC 28202
NOTICE OF LAND USE RESTRICTIONS
THIS NOTICE OF LAND USE RESTRICTIONS ("Notice") is made as of the J�
day November, 2014 (the "Effective Date") regarding property located at 3029 East Cornwallis
Road, Durham, Durham County, North Carolina, and currently owned by G1axoSmithKline
LLC, a Delaware limited liability company (successor to Burroughs Wellcome Co. by mergers,
name changes and conversions) ("GSK").
RECITALS
A. GSK is the fee simple owner of that certain parcel of real property located at 3029 East
Cornwallis Road at the intersection of Cornwallis Road and the Durham Freeway in Durham,
Durham County, North Carolina, which is described in the deed to Burroughs Wellcome Co.
(now GSK as successor by mergers, name changes and conversions) recorded in Book 1147 at
Page 649, Durham County Registry (the "Site").
B. GSK performed cleanup activity that involved polychlorinated biphenyls ("PCBs") in the
soils in certain areas of the Site. This cleanup activity was approved by the United States
Environmental Protection Agency Region IV ("USEPA Region IV"). The areas of the Site that
involved the PCB cleanup activity to a remediation standard of <10 parts per million (ppm) are
1

Book? ;§7 - age859 age 2 0 4
marked as Solid Waste Management Units ("SWMU") 12 and SWMU 13 on the attached
Exhibit A, which is incorporated herein and made a part of this Notice.
C. Pursuant to TSCA PCB Regulation 40 CFR 761.6 1 (a)(8), this Notice is recorded to notify
any potential purchaser or user of the Site of this PCB cleanup and related restrictions and
obligations.
Perpetual Land Use Restrictions
The Recitals are true and integral components of this Notice.
2. Pursuant to TSCA PCB regulation at 40 CFR 761.61, the Site shall be held, sold and
conveyed subject to the following Perpetual Land Use Restrictions (as stated below), which shall
run with the land and shall be binding on all parties having any right, title or interest in the Site
or any part thereof containing SWMU 12 and SWMU 13:
a. SWMU 12 and SWMU 13 are "Restricted Use Areas" at the Site and have been
remediated for PCBs to the 10 mg/kg High Occupancy Standards of 40 CFR Part 761
with the use of a cap. Restricted Use Areas of the Site shall not be used for any below -
ground construction, improvements (including, but not limited to, utilities, roads, and
sidewalks) without compliance with 40 CFR 761.61, other applicable law, and as
otherwise approved by USEPA Region IV. No above grade use of the Restricted Use
Areas of the Site will result in removal of the existing caps or erosion control features
without compliance with 40 CFR 761.61, other applicable law, or as otherwise approved
by USEPA Region IV. Any disturbance of soils from beneath the soil caps must be
appropriately disposed of at a disposal facility in accordance with applicable laws and
regulations. Mowing of vegetation and tree pruning is allowed on the Site including
within Restricted Use Areas of the Site. The caps and erosion control features within the
Restricted Use Areas of the Site shall be maintained at all times.
b. Each person who owns any portion of the Site containing Restricted Use Areas
SWMU 12 and SWMU 13 shall cause the instrument of any sale, lease, grant, or other
transfer of any interest in the Site to include a provision expressly requiring the lessee,
grantee, or transferee to comply with this Notice. The failure to include such provision
shall riot affect the validity or applicability of any land use restriction in this Notice.
C. In addition to the restrictions above, for so long as this Notice is in place, digging,
excavation, or removal of soils and sediment in Restricted Use Areas is prohibited
without the prior written permission from the Site owner or operator's Environmental
Manager or other Site official with authority for environmental compliance.
2

3. This Notice, which includes the above restrictions, shall be enforced by any owner,
operator or other party responsible for the Restricted Use Areas of the Site. 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.
4. This Notice and restrictions and obligations may be removed pursuant to 40 CFR 761.61
or as otherwise approved by US EPA Region IV and applicable law.
5. If any term, covenant or condition of this Notice or the application thereof to any person
or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Notice
shall not be affected thereby and each such term, covenant or condition of this Notice shall be
valid and enforceable to the full extent permitted by law.
IN WITNESS WHEREOF, the GSK has executed this Notice with an effective date as
set forth above.
GLAXOSMITHKLINE, LLC
By:
Name: 'DAY %A 4 8 Ls A o9
Title: M..PuR 5 t-M
STATE OF .Noriy, Cac r)\, CQ
COUNTY OF
I, b% 2CLneAAn S "Ria d(V\ can , a Notary Public of aforesaid County and
State, certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he signed the foregoing document in the capacity indicated therein:
as the(-1� S� ie. a,-P t,-b3r-of G1axoSmithKline, LLC.
Witness my hand and official seal, this the day of November, 2014.
[NOTARIAL SEAL]
r �Q
NOTARY PUBLIC
Print or type name: F j i a W :i'h 1 CLr k t)ri
�T � ' My Commission Expires: Its- a - o 1,5
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