22061 NC DOT Full Public Comment Package

SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: NC DOT -CC Mangum US64E
Brownfields Project Number: 22061-18-092
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, Rogers Lane Partners, 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 1135 Rogers Lane; 5000 Raleigh Beach Road; 2901, 2905, 2908,
and 2909 Sunrise Valley Place; 1800, 1840, and 1900 Southall Road; and 5655 New Bern Avenue
in Raleigh, Wake County, North Carolina. The Brownfields Property, which is the former site
of timberland, row crops and an asphalt plant, consists of 62.256 acres. Environmental contamination exists
on the Brownfields Property in soil, soil gas, sediment, and groundwater. Rogers Lane Partners, LLC
has committed itself to redevelop the Brownfields Property for no uses other than high -density
residential, retail, office, restaurant, hotel, open space, greenways, gas station, brewery or food
production facility, grocery, warehouse, parking, and, subject to DEQ's prior written approval,
other commercial uses. The Notice of Intent to Redevelop a Brownfields Property includes: (1) a
proposed Brownfields Agreement between DEQ and Rogers Lane Partners, 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 22061-18-092 into the search bar at the
following web address:
https://edocs.deq.nc.gov/wasteManagement/Welcome.aspx?dbid=0&repo=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 October 12, 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 tasks, 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

NOTICE OF INTENT TO REDEVELOP A BR0WNFIELDS PROPERTY
Brownfields Property Name: NC DOT -CC Mangum US64E
Brownfields Project Number: 22061-18-092
North Carolina's Brownfields Property Reuse Act (the "Act"), North Carolina General Statutes
("NCGS") § 130A-310.30 through 130A-310.40, provides for the safe redevelopment of properties that may
have been or were contaminated by past industrial and commercial activities. One of the Act's
requirements is this Notice of Intent to Redevelop a Brownfields Property approved by the North Carolina
Department of Environmental Quality ("DEQ"). See NCGS § 130A-310.34(a). The Notice of Intent must
provide, to the extent known, a legal description of the location of the brownfields property, a map showing
the location of the Brownfields Property, a description of the contaminants involved and their
concentrations in the media of the Brownfields Property, a description of the intended future use of the
Brownfields Property, any proposed investigation and remediation, and a proposed Notice of Brownfields
Property prepared in accordance with NCGS § 130A-310.35. The party ("Prospective Developer") who
desires to enter into a Brownfields Agreement with DEQ must provide a copy of this Notice to all local
governments having jurisdiction over the Brownfields Property. The proposed Notice of Brownfields
Property for a particular brownfields project is attached hereto; the proposed Brownfields Agreement,
which is attached to the proposed Notice of Brownfields Property as Exhibit A, contains the other required
elements of this Notice. Written public comments may be submitted to DEQ within 30 days after the latest
of the following dates: the date the required summary of this Notice is (1) published in a newspaper of
general circulation serving the area in which the Brownfields Property is located, (2) conspicuously posted
at the Brownfields Property, and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written requests for a public meeting may be submitted to DEQ within 21 days
after the period for written public comments begins. Those periods will start no sooner than October 12,
2020, and will end on the later of: a) 30 and 21 days, respectively, after that; or b) 30 and 21 days,
respectively, after completion of the latest of the three (3) above -referenced dates. All comments and
meeting requests should be addressed as follows:
Mr. Bruce Nicholson
Brownfields Program Manager
Division of Waste Management
NC Department of Environmental Quality
1646 Mail Service Center
Raleigh, North Carolina 27699-1646
NC DOT CC Mangum US 64E / 22061-18-092
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Property Owner: Rogers Realty and Insurance Company
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: NC DOT — CC Mangum US64E
Brownfields Project Number: 22061-18-092
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 2020 by
Rogers Lane Partners, 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 5000 Raleigh Beach Rd; 1135 N. Rogers Lane;
2901, 2905, 2908, and 2909 Sunrise Valley Rd.; 1800, 1840, and 1900 Southall Rd.; and 5655
New Bern Ave.; all in Raleigh NC 27604 and is comprised of 10 parcels totaling 62.256 acres with
22061-18-092 / NC DOT -CC Mangum-US64E
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Wake County Parcel Identification Numbers 1734348949, 1734444978, 1734442585,
1734444466, 1734446512, 1734445013, 1734531715, 1734545103, 1734641204, 1734457082.
The Brownfields Property was previously used for agricultural and residential purposes and from
1971 until 2003, a portion of the site was used for an asphalt pavement blending plant. The
Prospective Developer commits itself to redevelop the property for no uses other than high -density
residential, retail, office, restaurant, hotel, open space, greenways, gas station, brewery or food
production facility, grocery, warehouse, parking, and, subject to DEQ's prior written approval,
other commercial uses.
The Brownfields Agreement between Prospective Developer and DEQ is attached
hereto as Exhibit A. It is required by NCGS § 130A-310.32 and 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. The Brownfields Agreement's Exhibit 2 consists of one or more data
tables reflecting the concentrations of and other information regarding the Brownfields
Property's regulated substances and contaminants.
Attached as Exhibit B to this Notice is a reduction, to 8.5 inches x 11 inches, 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 high -density
residential, retail, office, restaurant, hotel, open space, greenways, gas station, brewery or food
production facility, grocery, warehouse, parking, and, subject to DEQ's prior written approval,
other commercial uses. Any proposed location for a gas station shall be subject to DEQ prior
written approval. For purposes of this restriction, the following definitions apply:
i. "High density residential" is defined as permanent dwellings where residential
units are attached to each other with common walls, such as condominiums, apartments
(including exclusively rental townhouses under common ownership), group homes, dormitories
or boarding houses, and any property outside the dwelling structures is usable by all residents
and not privately owned as part of a particular unit (e.g., privately -owned courtyards are
prohibited), and may include related amenities, such as pools, clubhouses, courtyards, common
areas, recreation areas and parking garages. Single family homes are prohibited; townhomes,
duplexes or other individually owned units that include land ownership are prohibited unless
approved in writing by DEQ in advance.
ii. "Retail" is defined as the sale of goods or services, products, or merchandise
directly to the consumer or businesses and includes showrooms, personal service, and the sales
of food and beverage products.
iii. "Office" is defined as the provision of business or professional services.
iv. "Restaurant" is defined as a commercial business establishment that prepares
and serves food and beverages to patrons.
v. "Hotel" is defined as the provision of overnight lodging to paying customers,
and to associated food services, gym, reservation, cleaning, utilities, parking and on -site
hospitality, management and reception services.
vi. "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.
vii. "Greenways" are defined as a natural or constructed corridors traversing open
space, which may be used for pedestrian or bicycle passage. Greenways typically link areas of
activity, such as parks, cultural features, or historic sites with each other and with populated
areas.
viii. "Gas Station" is defined as a retail facility at which motor vehicles are
commercially refueled.
ix. "Brewery or Food Production Facility" is defined as an establishment for the
manufacture, sale and distribution of beverages or food products, including without limitation
beer and ale, together with associated public roadways and related infrastructure.
x. "Grocery" is defined as a retail store that offers non-perishable food packaged
in bottles, boxes, and cans; perishable food such as baked goods, meats, deli products, and fresh
produce; and which may sell non-food items, such as clothing and household items and may
provide pharmacy, financial, or other personal services.
xi. "Warehousing" is defined as the use of a commercial building for storage of
goods by manufacturers, importers, exporters, wholesalers, transport businesses among others,
and also refers to the storage of goods and materials for a specific commercial establishment of a
group of establishments in a particular type of industry or commercial activity.
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xii. "Parking" is defined as the temporary accommodation of motor vehicles in an
area designed for same.
xiii. "Commercial" is defined as an enterprise carried on for profit or nonprofit by
the owner, lessee or licensee.
b. Residential townhome units shall only be occupied by residents under lease and shall
not be sold to individual owners for occupation or subletting. At the discretion of DEQ,
conditioned on prior written DEQ review and approval of a private ownership plan that includes
conditions DEQ may impose, without limitation, for enhanced land use restriction enforceability
and fees to offset the cost to the state, the units may be approved for individual sale.
c. The Brownfields Property may not be used for child care, adult care centers or schools
without the prior written approval of DEQ.
d. Physical redevelopment of the Brownfields Property may not occur other than in
accord, as determined by DEQ, with an Environmental Management Plan (` EMP") approved in
writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each subsequent
redevelopment phase) that is consistent with all the other land use restrictions and describes
redevelopment activities at the Brownfields Property, the timing of redevelopment phases, and
addresses health, safety and environmental issues that may arise from use of the Brownfields
Property during construction or redevelopment in any other form, including without limitation:
i. soil and water management issues, including without limitation those resulting
from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in Exhibit 2 to
this Agreement;
iii. contingency plans for addressing, including without limitation the testing of
soil and groundwater, newly discovered potential sources of environmental contamination (e.g.,
USTs, tanks, drums, septic drain fields, oil -water separators, soil contamination);
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.
e. Groundwater at the Brownfields Property may not be used for any purpose without the
prior written approval of DEQ.
f. No activity that disturbs soil on the Brownfields Property may occur unless and until
DEQ states in writing, in advance of the proposed activity, that said activity may occur if carried
out along with any measures DEQ deems necessary to ensure the Brownfields Property will be
suitable for the uses specified in subparagraph 15.a. above while fully protecting public health
and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
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ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be given
written notice at least seven days in advance of a scheduled repair (if only by email) of any such
repair, or in emergency circumstances no later than the next business day, and that any related
assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined above in subparagraph 15.c.
g. No occupancy of newly constructed buildings on the Brownfields Property may occur
until the then owner of the Brownfields Property conducts representative final grade soil
sampling of all 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. Soil may not be removed from, or brought onto, the Brownfields Property without
prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ, unless
conducted in accordance with an approved EMP as outlined above in subparagraph 15.c.
i. 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 based on site assessment data or a site -specific risk
assessment approved in writing by DEQ;
ii. the building is or would be sufficiently distant from the Brownfields Property's
groundwater and/or soil contamination based on assessment data approved in writing by DEQ
that the building's users, public health and the environment will be protected from risk from
vapor intrusion related to said contamination; or
iii. vapor intrusion mitigation measures are 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.
j. Within 90 days after each one-year anniversary of the effective date of this Agreement
for as long as physical redevelopment of the Brownfields Property continues (except that the
final deadline shall fall 90 days after the conclusion of physical redevelopment), the then owner
of the Brownfields Property shall provide DEQ a report subject to written DEQ approval on
environment -related activities since the last report, with a summary and drawings, that describes:
i. actions taken on the Brownfields Property in accordance with Section V: Work
to be Performed above;
ii. soil grading and cut and fill actions;
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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).
k. Neither DEQ, nor any party conducting environmental assessment or remediation at
the Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or
entered into by DEQ, may be denied access to the Brownfields Property for purposes of
conducting such assessment or remediation, which is to be conducted using reasonable efforts to
minimize interference with authorized uses of the Brownfields Property.
1. Any deed or other instrument conveying an interest in the Brownfields Property shall
contain the following notice: "This property is subject to the Brownfields Agreement attached as
Exhibit A to the Notice of Brownfields Property recorded in the Wake County land records,
Book , Page " A copy of any such instrument shall be sent to the persons
listed in Section XV (Notices and Submissions), though financial figures and other confidential
information related to the conveyance may be redacted to the extent said redactions comply with
the confidentiality and trade secret provisions of the North Carolina Public Records Law. 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.
in. 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; and
iii. as constituents of products and materials customarily used and stored in high -
density residential, retail, office, restaurant, hotel, open space, greenways, gas station, brewery or
food production facility, grocery, warehouse, parking, and, with DEQ's prior written approval,
other commercial uses, provided such products and materials are stored in original retail
packaging and used and disposed of in accordance with applicable laws.
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n. Within 60 days, or in accordance with a schedule approved in writing in advance by
the North Carolina Brownfields Program (NCBP), after the effective date of this Agreement or
prior to land disturbance activities and after consultation with the NCBP, Prospective Developer
shall abandon all monitoring wells, injection wells, recovery wells, piezometers and other
man-made points of groundwater access at the Brownfields Property, except those wells the
North Carolina Inactive Hazardous Sites Branch requires to remain on the Brownfields Property,
in accordance with Subchapter 2C of Title 15A of the North Carolina Administrative Code,
unless an alternate schedule is approved by DEQ. Within 30 days after doing so, the Prospective
Developer shall provide DEQ a report, setting forth the procedures and results.
o. No occupancy of any site residential building shall occur unless the current owner sets
aside the agreed upon percentages of the total proposed residential units to comply with the
workforce house rent rate guidelines presented in Exhibit 3 to this Agreement.
p. No land disturbing or construction activities can occur within the parcel 1734641204
adjacent to the Neuse River Greenway, nor along or on any portion of the bluff face above and
along said greenway, without DEQ prior written approval.
q. During January of each year after the year in which the Notice referenced below in
paragraph 20 is recorded, the owner of any part of the Brownfields Property as of January 1 st of
that year shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the
chief public health and environmental officials of Wake County, certifying that, as of said
January 1 st, the Notice of Brownfields Property containing these land use restrictions remains
recorded at the Wake County Register of Deeds office and that the land use restrictions are being
complied with. The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact
person's e-mail address of the owner or board, association or approved entity submitting the
LURU if said owner or each of the owners on whose behalf the joint LURU is submitted
acquired any part of the Brownfields Property during the previous calendar year;
ii. the transferee's name, mailing address, telephone and facsimile numbers, and
contact person's e-mail address, if said owner 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.
iv. 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.
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For purposes of the land use restrictions set forth above, the DEQ point of contact shall be
the DEQ Brownfields Property Management Unit referenced in subparagraph 35.a. of
Exhibit A hereto, at the address stated therein.
ENFORCEMENT
The above land use restrictions shall be enforceable without regard to lack of privity of
estate or contract, lack of benefit to particular land, or lack of any property interest in particular
land. The land use restrictions shall be enforced by any owner of the Brownfields Property. The
land use restrictions may also be enforced by DEQ through the remedies provided in NCGS §
130A, Article 1, Part 2 or by means of a civil action; by any unit of local government having
jurisdiction over any part of the Brownfields Property; and by any person eligible for liability
protection under the Brownfields Property Reuse Act who will lose liability protection if the
restrictions are violated. Any attempt to cancel any or all of this Notice without the approval of the
Secretary of DEQ (or its successor in function), or his/her delegate, shall be subject to enforcement
by DEQ to the full extent of the law. Failure by any party required or authorized to enforce any of
the above restrictions shall in no event be deemed a waiver of the right to do so thereafter as to the
same violation or as to one occurring prior or subsequent thereto.
FUTURE SALES, LEASES, CONVEYANCES AND TRANSFERS
When any portion of the Brownfields Property is sold, leased, conveyed or transferred,
pursuant to NCGS § 130A-310.35(d) the deed or other instrument of transfer shall contain in the
description section, in no smaller type than that used in the body of the deed or instrument, a
statement that the Brownfields Property has been classified and, if appropriate, cleaned up as a
brownfields property under the Brownfields Property Reuse Act.
IN WITNESS WHEREOF, Prospective Developer has caused this instrument to be duly
executed this day of , 2020.
Rogers Lane Partners, LLC
W.
James I. Anthony
Managing 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:
************************************
ACKNOWLEDGMENT OF PROPERTY OWNER
As the current owner, or representative of said owner, of at least part of the Brownfields
Property, I hereby acknowledge recordation of this Notice of Brownfields Property and the land
use restrictions contained herein.
Rogers Realty and Insurance Company
M.
James R. Rogers IV Date
President
NORTH CAROLINA
COUNTY
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Date:
Official Signature of Notary
Notary's printed or typed name, Notary Public
(Official Seal) My commission expires:
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wo
************************************
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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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: Rogers Lane Partners, LLC
UNDER THE AUTHORITY OF THE
BROWNFIELDS PROPERTY REUSE ACT
OF 1997, NCGS § 130A-310.30, et seq.
Brownfields Project # 22061-18-092
L INTRODUCTION
BROWNFIELDS AGREEMENT re:
NC DOT — CC Mangum US64E
1135 Rogers Lane
5000 Raleigh Beach Road
2901, 2905, 2908, & 2909 Sunrise
Valley Place
1800, 1840, & 1900 Southall Road
5655 New Bern Avenue
Raleigh, Wake County
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and Rogers Lane Partners, LLC (collectively the
"Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
SeMc . (the "Act") for the 10 parcels located at 1135 Rogers Lane; 5000 Raleigh Beach Road; 2901,
2905, 2908, and 2909 Sunrise Valley Place; 1800, 1840, and 1900 Southall Road; and 5655 New
Bern Avenue in Wake County, North Carolina (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, Rogers Lane Partners, LLC, is a manager -managed limited
liability company with the principal address of 1201 Edwards Mill Road, Suite 300, Raleigh,
North Carolina 27607. The managing member of the Prospective Developer is James I.
Anthony, Jr. The Prospective Developer desires to redevelop the Brownfields Property for no
Project Number/ Name (DRAFT or Final date)
BFA Shell document 5-26-2016, Delete reference once project specific

uses other than high -density residential, retail, office, restaurant, hotel, open space, greenways,
gas station, brewery or food production facility, grocery, warehouse, parking, and, subject to
DEQ's prior written approval, other commercial uses.
The Parties agree to undertake all actions required by the terms and conditions of this
Agreement. The purpose of this Agreement is to settle and resolve, subject to reservations and
limitations contained in Section VIII (Certification), Section IX (DEQ's Covenant Not to Sue
and Reservation of Rights) and Section X (Prospective Developer's Covenant Not to Sue), the
potential liability of Rogers Lane Partners, LLC for contaminants at the Brownfields Property.
The Parties agree that Rogers Lane Partners, LLC's entry into this Agreement, and the
actions undertaken by Rogers Lane Partners, LLC in accordance with the Agreement, do not
constitute an admission of any liability by Rogers Lane Partners, LLC for contaminants at the
Brownfields Property. The resolution of this potential liability, in exchange for the benefit
Rogers Lane Partners, LLC shall provide to DEQ, is in the public interest.
II. DEFINITIONS
Unless otherwise expressly provided herein, terms used in this Agreement which are
defined in the Act or elsewhere in NCGS § 130A, Article 9 shall have the meaning assigned to
them in those statutory provisions, including any amendments thereto.
1. `Brownfields Property" shall mean the property which is the subject of this
Agreement, and which is depicted in Exhibit 1 to the Agreement.
2. "Prospective Developer" shall mean Rogers Lane Partners, LLC.
III. STATEMENT OF FACTS
3. The Brownfields Property comprises ten parcels totaling approximately 62.256 acres
north of US 64 East where it crosses over the Neuse River, starting on the western bank of the
0
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Neuse and extending westward to include a parcel to the west of North Rogers Lane. The
summary table below links the site addresses with the individual parcel numbers:
Wake County Parcel Number
Street Address
Lot Number as
Depicted on Exhibit B
1734348949
5000 Raleigh Beach Rd
Lot 10
Raleigh, NC 27610-1408
1734444978
1135 N. Rogers Ln
Lot 14
Raleigh, NC 27610
1734442585
2901 Sunrise Valley PI
Lot 7
Raleigh, NC 27610-1884
1734444466
2905 Sunrise Valley PI
Lot 6
Raleigh, NC 27610-1884
1734446512
2909 Sunrise Valley PI
Lot 13
Raleigh, NC 27610-1884
1734445013
2908 Sunrise Valley PI
Lot 3
Raleigh, NC 27610-1880
1734531715
1800 Southall Rd
Lot 2
Raleigh, NC 27610
1734545103
1840 Southall Rd
Lot 1
Raleigh, NC 27610
1734641204
5655 New Bern Ave
Lot 12 (partial)
Raleigh, NC 27610-1515
1734457082
1900 Southall Rd
Lot 11
Raleigh, NC 27610
4. The Brownfields Property is bordered to the north by Raleigh Beach Road with land
in residential use beyond, by a residential apartment community, and a single family residence;
to the east by the western bank of the Neuse River with undeveloped land and a residential
community beyond the river; to the south by New Bern Avenue/US Highway 64 Business, an
Aldi Grocery Store, and with a Sheetz Gas Station in a commercial development and an
apartment complex beyond; and to the west by several commercial buildings, the occupants of
which include a Metal Depot, Color Masters Painting (formerly Cal -Tone Paints), Kimbrell's
Furniture and J.D. Byrider Used Cars.
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5. Prospective Developer obtained or commissioned the following reports, referred to
hereinafter as the "Environmental Reports," regarding the Brownfields Property:
Title
Prepared by
Date of Report
Supplemental Limited Site Assessment
S&ME, Inc.
October 22, 1999
Evaluation of Contaminant Transport
S&ME, Inc.
August 1, 2000
Results of Soil & Groundwater Sampling
S&ME, Inc.
June 15, 2001
Addendum to Results of Soil and
Groundwater Sampling
S&ME, Inc.
June 20, 2001
Summary of Monitoring Well Sampling
Activities
S&ME, Inc.
August 7, 2003
Limited Site Investigation Report
TRC Corp.
August 7, 2003
Notification of Discharge Report - Petroleum
Release
Withers & Ravenel
September 19, 2003
Progress Report — AST Farm Excavation
Withers & Ravenel
October 27, 2004
Limited Phase II Assessment Report
Withers & Ravenel
September 16, 2005
Comprehensive Site Assessment
CLP Services
October 5, 2005
Revised Report of Phase II Environmental
Site Assessment - Former Cal -Tone Facility
Mid -Atlantic
Associates, Inc.
June 15, 2006
Report of Preliminary Subsurface
Investigation
GeoTechnologies,
Inc.
October 5, 2017
Preliminary Geotechnical Report
S&ME, Inc.
November 30, 2018
Phase I Environmental Site Assessment
Spangler
Environmental
April 20, 2018
Limited Soil and Groundwater
S&ME, Inc.
November 30, 2018
Stormwater Soil Evaluation Report
S&ME, Inc.
December 3, 2018
Soil Gas Assessment Report
S&ME, Inc.
December 21, 2018
Rogers Farm Cemetery
S&ME, Inc.
August 9, 2019
Passive Soil Gas Assessment Report
S&ME, Inc.
September 3, 2019
Rogers Farm Cemetery — Second Cemetery
Location
S&ME, Inc.
September 12, 2019
Soil Gas, Soil, and Groundwater Assessment
Report
S&ME, Inc.
December 6, 2019
Asbestos Sampling in Soil Report
S&ME, Inc.
April 9, 2020
6. For purposes of this Agreement, DEQ relies on the following information contained in
the Environmental Reports and DEQ's files as to use and ownership of the Brownfields Property:
a. The Brownfields Property has been developed since at least 1938 when it was
used primarily for agricultural purposes to grow row -crops. A residence and multiple
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agricultural out -buildings and two cemeteries were present on the western portion of the
Brownfields Property and two residential structures were present on the eastern edge of the site
overlooking the Neuse River. Through 1950, the Brownfields Property use remained primarily
for row -crops. From at least 1959 until 1971, all row crops had been replaced by timber growth
with no other apparent commercial use of the Brownfields Property.
b. In April 1971, CC Mangum leased approximately 11 acres of the central
portion of the Brownfields Property from Rogers Realty. In February 1973, under contract from
the NC Department of Transportation (DOT), CC Mangum constructed an asphalt plant on the
Brownfields Property to supply asphalt for regional road paving projects for which CC Mangum
was the contractor. The plant included a truck washing area; an approximate 1/3-acre constructed
surface water impoundment; asphalt material stockpiling area; two asphalt testing laboratories
for use by DOT inspectors to test asphalt mixtures to ensure compliance with DOT design
specifications; several above ground storage tanks (ASTs); and a drum storage area on the
portion of the Brownfields Property leased by CC Mangum.
c. By 1991, the southern half of the surface water impoundment on the 11-acre
parcel leased by CC Mangum had been backfilled with soil, and by 1996, the impoundment had
been completely backfilled. By 1993, only two dilapidated residential structures remained, one
on the western portion of the Brownfields Property and one on the eastern portion of the
Brownfields Property. By 1999, a second asphalt testing laboratory was present where the
constructed surface water impoundment had been located. In May of 2003, the CC Mangum
lease terminated, and by October 2003, the asphalt plant and all related structures had been
removed. The asphalt materials stockpiles remained on the northern portion of the 11-acre tract
leased by CC Mangum until 2005.
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d. By 2006, Rogers Lane had been constructed across the Brownfields Property
from US Highway 64 northeast to Raleigh Beach Road, separating the western portion from the
central and eastern portions of the Brownfields Property.
e. The Brownfields Property was conveyed from Dr. James R. Rogers and wife
Ellen O. Rogers to Rogers Realty and Insurance Company on June 14, 1940. On October 16,
2018, the Prospective Developer secured an option to purchase the Brownfields Property from
Rogers Realty and Insurance Company.
f. On November 6, 2019, after sampling the surface water and pond sediment in
the pond near the northeastern Brownfields Property boundary, with permission from the Rogers
Realty and Insurance Company and having conferred with the Dam Safety Program of DEQ's
Division of Energy, Mineral and Land Resources, the Prospective Developer breached the dam
and drained the pond.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. Use of the central area of the Brownfields Property for asphalt production
included storage of a number of petroleum hydrocarbon products in above ground storage tanks
(ASTs) in the liquid asphalt storage area including one each: 20,000-gallon fuel oil, 35,000-
gallon liquid asphalt, 1,500-gallon liquid asphalt, 250-gallon diesel, 250-gallon Mobiltherm 603,
and five 1,000-gallon liquid propane ASTs. The drum storage area contained a number of 55-
gallon, or smaller volume, drums of various oils, Neugenic 4175 asphalt stripper, lacquer thinner,
and water -based cleaners. Use of trichloroethylene was common in asphalt testing laboratories.
b. Assessment activities conducted at the former asphalt plant site from 1997
through 2005 on behalf of potential purchasers of the property as well as NC DOT detected
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chlorinated solvent contamination, particularly trichloroethylene (TCE) and its degradation
products, in the groundwater below and migrating from the former asphalt plant eastward
towards the Neuse River. The contaminated groundwater impacted a drinking water supply well
of a residential property adjacent the Brownfields Property and near the river. The well was later
replaced. The new well was sampled and shown to also be impacted by chlorinated solvents. A
new activated carbon filtration system was installed on the well at that time before a certificate of
occupancy was issued for the home. The chlorinated solvent release is regulated under the NC
Inactive Hazardous Sites Branch of the Superfund Section under Site ID: NONCD 0002191 and
is subject to the terms and conditions of Interagency Agreement No. 5946 between NC DOT and
NC DEQ regarding assessment and remediation at former asphalt testing laboratory sites in
North Carolina.
c. In 2003, a petroleum hydrocarbon release was detected in the vicinity of the
fuel oil AST at the asphalt plant. The petroleum hydrocarbon incident was managed by the
Groundwater Section of the Division of Water Quality under Incident No. 386782. The
Underground Storage Tank Section has regulatory authority of the site under Incident No. 86782.
In January 2004, CC Mangum removed 3,000 tons of petroleum -contaminated soil from the
former asphalt plant AST area. The soil was disposed of in a local landfill. Petroleum -
contaminated soil above the UST Section total petroleum hydrocarbon action level for soil of 10
milligram per kilogram (mg/kg) remained in the base of the excavation. The excavation was
backfilled in 2005.
d. In 2018, a limited soil gas assessment indicated that the chlorinated solvent
tetrachloroethene (PCE) was present in soil gas at a depth of 10 feet near the former asphalt plant
at concentrations below its respective DEQ Residential Vapor Intrusion Screening Level (VISL).
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In July 2019, 45 passive soil gas sampling modules were deployed across the Brownfields
Property. In October 2019, additional soil, soil vapor, sediment and surface water assessment
was conducted. In April 2020, additional soil assessment was conducted to determine if asbestos
is present in the vicinity of the former waste asphalt stock piles which had been removed.
e. A fuel oil tank fill port is believed to mark the presence of a potential home
heating oil underground storage tank (UST) for one of the homes on the eastern portion of the
Brownfields Property.
f. From the 1960s until 1999, Cal -Tone Paint operated a facility immediately
west and upgradient of the Brownfields Property. Remedial investigations conducted in 2005
documented metal contamination including arsenic, barium, cadmium, chromium and lead in the
soils at that facility. Barium and chromium were detected downgradient of that facility in the
groundwater beneath the Brownfields Property. No soil or groundwater remedial efforts were
employed at the site.
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on April 9, 2020. The tables set forth in Exhibit 2 to this
Agreement present contaminants present at the Brownfields Property above applicable standards
or screening levels for each media sampled.
9. For purposes of this Agreement DEQ relies on Prospective Developer's
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, and the following:
a. preparing and submitting to DEQ a Brownfields Property Application (BPA)
dated October 24, 2018;
b. submitting a revised BPA on November 27, 2018;
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c. contracting to purchase the Brownfields Property on November 15, 2018; and
d. breaching the dam of, and draining, the eastern surface water impoundment.
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
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
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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 250 temporary construction jobs and 400
permanent on -site jobs after redevelopment is complete;
d. an increase in tax revenue for affected jurisdictions which is currently based on
a $2.6 million tax -value, conservatively increasing to $150 million upon completion;
e. a Planned Mixed -Use Community, with all uses internally connected and
walkable, allowing for high -density residential, retail, office, restaurant, hotel, open space,
greenways, gas station, brewery or food production facility, grocery, warehouse, and parking for
the area;
f. amenities located adjacent, and connected to, the Capital Area Greenway Trail
system promoting internal public active and recreational space;
g. "smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe ("greenfields").
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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. All references to DEQ shall be understood to include any successor in function.
a. No use may be made of the Brownfields Property other than for high -density
residential, retail, office, restaurant, hotel, open space, greenways, gas station, brewery or food
production facility, grocery, warehouse, parking, and, subject to DEQ's prior written approval,
other commercial uses. Any proposed location for a gas station shall be subject to DEQ prior
written approval. For purposes of this restriction, the following definitions apply:
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i. "High density residential" is defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominiums,
apartments (including exclusively rental townhouses under common ownership), group homes,
dormitories or boarding houses, and any property outside the dwelling structures is usable by all
residents and not privately owned as part of a particular unit (e.g., privately -owned courtyards
are prohibited), and may include related amenities, such as pools, clubhouses, courtyards,
common areas, recreation areas and parking garages. Single family homes are prohibited;
townhomes, duplexes or other individually owned units that include land ownership are
prohibited unless approved in writing by DEQ in advance.
ii. "Retail" is defined as the sale of goods or services, products, or
merchandise directly to the consumer or businesses and includes showrooms, personal service,
and the sales of food and beverage products.
services.
iii. "Office" is defined as the provision of business or professional
iv. "Restaurant" is defined as a commercial business establishment that
prepares and serves food and beverages to patrons.
v. "Hotel" is defined as the provision of overnight lodging to paying
customers, and to associated food services, gym, reservation, cleaning, utilities, parking and on -
site hospitality, management and reception services.
vi. "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.
vii. "Greenways" are defined as a natural or constructed corridors
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traversing open space, which may be used for pedestrian or bicycle passage. Greenways
typically link areas of activity, such as parks, cultural features, or historic sites with each other
and with populated areas.
viii. "Gas Station" is defined as a retail facility at which motor vehicles are
commercially refueled.
ix. "Brewery or Food Production Facility" is defined as an establishment
for the manufacture, sale and distribution of beverages or food products, including without
limitation beer and ale, together with associated public roadways and related infrastructure.
x. "Grocery" is defined as a retail store that offers non-perishable food
packaged in bottles, boxes, and cans; perishable food such as baked goods, meats, deli products,
and fresh produce; and which may sell non-food items, such as clothing and household items and
may provide pharmacy, financial, or other personal services.
xi. "Warehousing" is defined as the use of a commercial building for
storage of goods by manufacturers, importers, exporters, wholesalers, transport businesses
among others, and also refers to the storage of goods and materials for a specific commercial
establishment of a group of establishments in a particular type of industry or commercial
activity.
xii. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same.
xiii. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee.
b. Residential townhome units shall only be occupied by residents under lease
and shall not be sold to individual owners for occupation or subletting. At the discretion of
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DEQ, conditioned on prior written DEQ review and approval of a private ownership plan that
includes conditions DEQ may impose, without limitation, for enhanced land use restriction
enforceability and fees to offset the cost to the state, the units may be approved for individual
sale.
c. The Brownfields Property may not be used for child care, adult care centers or
schools without the prior written approval of DEQ.
d. Physical redevelopment of the Brownfields Property may not occur other than
in accord, as determined by DEQ, with an Environmental Management Plan ("EMP") approved
in writing by DEQ in advance (and revised to DEQ's written satisfaction prior to each
subsequent redevelopment phase) that is consistent with all the other land use restrictions and
describes redevelopment activities at the Brownfields Property, the timing of redevelopment
phases, and addresses health, safety and environmental issues that may arise from use of the
Brownfields Property during construction or redevelopment in any other form, including without
limitation:
i. soil and water management issues, including without limitation those
resulting from contamination identified in the Environmental Reports;
ii. issues related to potential sources of contamination referenced in
Exhibit 2 to this Agreement;
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators, soil
contamination);
iv. contingency plans related to sampling and managing soil, groundwater
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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.
e. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ.
f. No activity that disturbs soil on the Brownfields Property may occur unless and
until DEQ states in writing, in advance of the proposed activity, that said activity may occur if
carried out along with any measures DEQ deems necessary to ensure the Brownfields Property
will be suitable for the uses specified in subparagraph 15.a. above while fully protecting public
health and the environment, except:
i. in connection with landscape planting to depths not exceeding 24 inches;
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
Environmental Management Plan (EMP) as outlined above in subparagraph 15.c.
g. No occupancy of newly constructed buildings on the Brownfields Property
may occur until the then owner of the Brownfields Property conducts representative final grade
soil sampling of all 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.
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h. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined above in subparagraph 15.c.
i. 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 based on site assessment data or a site -
specific risk assessment approved in writing by DEQ;
ii. the building is or would be sufficiently distant from the Brownfields
Property's groundwater and/or soil contamination based on assessment data approved in writing
by DEQ that the building's users, public health and the environment will be protected from risk
from vapor intrusion related to said contamination; or
iii. vapor intrusion mitigation measures are 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.
j. Within 90 days after each one-year anniversary of the effective date of this
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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;
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).
k. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
1. 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
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attached as Exhibit A to the Notice of Brownfields Property recorded in the Wake County land
records, Book , Page .59A 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.
in. 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; and
iii. as constituents of products and materials customarily used and stored in
high -density residential, retail, office, restaurant, hotel, open space, greenways, gas station,
brewery or food production facility, grocery, warehouse, parking, and, with DEQ's prior written
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approval, other commercial uses, provided such products and materials are stored in original retail
packaging and used and disposed of in accordance with applicable laws.
n. Within 60 days, or in accordance with a schedule approved in writing in
advance by the North Carolina Brownfields Program (NCBP), after the effective date of this
Agreement or prior to land disturbance activities and after consultation with the NCBP,
Prospective Developer shall abandon all monitoring wells, injection wells, recovery wells,
piezometers and other man-made points of groundwater access at the Brownfields Property,
except those wells the North Carolina Inactive Hazardous Sites Branch requires to remain on the
Brownfields Property, in accordance with Subchapter 2C of Title 15A of the North Carolina
Administrative Code, unless an alternate schedule is approved by DEQ. Within 30 days after
doing so, the Prospective Developer shall provide DEQ a report, setting forth the procedures and
results.
o. No occupancy of any site residential building shall occur unless the current
owner sets aside the agreed upon percentages of the total proposed residential units to comply
with the workforce house rent rate guidelines presented in Exhibit 3 to this Agreement.
p. No land disturbing or construction activities can occur within the parcel
1734641204 adjacent to the Neuse River Greenway, nor along or on any portion of the bluff face
above and along said greenway, without DEQ prior written approval.
q. During January of each year after the year in which the Notice referenced
below in paragraph 20 is recorded, the owner of any part of the Brownfields Property as of
January 1 st of that year shall submit a notarized Land Use Restrictions Update ("LURU") to
DEQ, and to the chief public health and environmental officials of Wake County, certifying that,
as of said January 1 st, the Notice of Brownfields Property containing these land use restrictions
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remains recorded at the Wake County Register of Deeds office and that the land use restrictions
are being complied with. The submitted LURU shall state the following:
i. the name, mailing address, telephone and facsimile numbers, and contact
person's e-mail address of the owner or board, association or approved entity submitting the
LURU if said owner or each of the owners on whose behalf the joint LURU is submitted
acquired any part of the Brownfields Property during the previous calendar year;
ii. the transferee's name, mailing address, telephone and facsimile
numbers, and contact person's e-mail address, if said owner 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.
iv. 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
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of Waste Management Vapor Intrusion Guidance, as embodied in their most current version.
18. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
19. In addition to providing access to the Brownfields Property pursuant to subparagraph
15.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
21
22061-18-092 / NC DOT - CC Mangum— US64E

Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date of this
Agreement, Prospective Developer shall file the Notice of Brownfields Property in the Wake
County, North Carolina, Register of Deeds' Office. Within three (3) days thereafter, Prospective
Developer shall furnish DEQ a copy of the documentary component of the Notice containing a
certification by the register of deeds as to the Book and Page numbers where both the
documentary and plat components of the Notice are recorded, and a copy of the plat with
notations indicating its recordation.
21. This Agreement shall be attached as Exhibit A to the Notice of Brownfields
Property. Subsequent to recordation of said Notice, any deed or other instrument conveying an
interest in the Brownfields Property shall contain the following notice: "This property is subject
to the Brownfields Agreement attached as Exhibit A to the Notice of Brownfields Property
recorded in the Wake County land records, Book , Page .19A 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
22
22061-18-092 / NC DOT - CC Mangum— US64E

any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
VII. DUE CARE/COOPERATION
23. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify DEQ as referenced in paragraph 35.a. below of any such
required notification.
VIII. CERTIFICATION
24. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than that committed to in
this Agreement. Those uses are high -density residential, retail, office, restaurant, hotel, open
space, greenways, gas station, brewery or food production facility, grocery, warehouse, parking,
and, subject to DEQ's prior written approval, other commercial uses. Prospective Developer
also certifies that to the best of its knowledge and belief it has fully and accurately disclosed to
DEQ all information known to Prospective Developer and all information in the possession or
23
22061-18-092 / NC DOT - CC Mangum— US64E

control of its officers, directors, employees, contractors and agents which relates in any way to
any past use of regulated substances or known contaminants at the Brownfields Property and to
its qualification for this Agreement, including the requirement that it not have caused or
contributed to the contamination at the Brownfields Property.
IX. DEQ'S COVENANT NOT TO SUE AND RESERVATION OF RIGHTS
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
24
22061-18-092 / NC DOT - CC Mangum— US64E

contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
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,
25
22061-18-092 / NC DOT - CC Mangum— US64E

license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § I I3A-1, et SeMc .
28. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations referenced in paragraphs 25 through 27 above, apply to all of the
persons listed in NCGS § 130A-310.33, including future owners of the Brownfields Property, to
the same extent as Prospective Developer, so long as these persons are not otherwise potentially
responsible parties or parents, subsidiaries, or affiliates of potentially responsible parties.
X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
29. In consideration of DEQ's Covenant Not To Sue in Section IX of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
Agreement or the above -referenced Notice of Brownfields Property.
XI. PARTIES BOUND
30. This Agreement shall apply to and be binding upon DEQ, and on the Prospective
Developer, its officers, directors, employees, and agents. Each Party's signatory to this
Agreement represents that she or he is fully authorized to enter into the terms and conditions of
this Agreement and to legally bind the Party for whom she or he signs.
XII. DISCLAIMER
31. Prospective Developer and DEQ agree that this Agreement meets the requirements of
the Act, including but not limited to the requirements set forth in NCGS § 130A-310.32(a)(2).
However, this Agreement in no way constitutes a finding by DEQ as to the risks to public health
26
22061-18-092 / NC DOT - CC Mangum— US64E

and the environment which may be posed by regulated substances at the Brownfields Property, a
representation by DEQ that the Brownfields Property is fit for any particular purpose, nor a
waiver of Prospective Developer's duty to seek applicable permits or of the provisions of NCGS
§ 130A-310.37.
32. Except for the land use restrictions set forth in paragraph 15 above and NCGS §
130A-310.33(a)(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
33. The Prospective Developer agrees to retain and make available to DEQ all business
and operating records, contracts, site studies and investigations, remediation reports, and
documents generated by and/or in the control of the Prospective Developer, its affiliates or
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Material Safety Data
Sheets or Safety Data Sheets, for six (6) years following the effective date of this Agreement,
unless otherwise agreed to in writing by the Parties. Said records may be retained electronically
such that they can be retrieved and submitted to DEQ upon request. At the end of six (6) years,
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
27
22061-18-092 / NC DOT - CC Mangum— US64E

basis upon which they are being withheld. To the extent DEQ retains any copies of such
documents, Prospective Developer retains all rights it then may have to seek protection from
disclosure of such documents as confidential business information.
XIV. PAYMENT OF ENFORCEMENT COSTS
34. If the Prospective Developer fails to comply with the terms of this Agreement,
including, but not limited to, the provisions of Section V (Work to be Performed), it shall be
liable for all litigation and other enforcement costs incurred by DEQ to enforce this Agreement
or otherwise obtain compliance.
XV. NOTICES AND SUBMISSIONS
35. Unless otherwise required by DEQ or a Party notifies the other Party in writing of a
change in contact information, all notices and submissions pursuant to this Agreement shall be
sent by prepaid first-class U.S. mail, as follows:
a. for DEQ:
NC Brownfields Property Management Unit (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:
James I. Anthony (or successor in function)
Rogers Lane Partners, LLC
1201 Edwards Mill Rd., Suite 300
Raleigh, NC 27607
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.
wo.
22061-18-092 / NC DOT - CC Mangum— US64E

XVI. EFFECTIVE DATE
36. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ's approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to effect the recordation of the full Notice of Brownfields Property within
the statutory deadline set forth in N.C.G.S. § 130A-310.35(b). If the Agreement is not signed by
Prospective Developer within 45 days after such receipt, DEQ has the right to revoke its
approval and certification of this Agreement, and invalidate its signature on this Agreement.
XVII. TERMINATION OF CERTAIN PROVISIONS
37. If any Party believes that any or all of the obligations under Section VI
(Access/Notice to Successors in Interest) are no longer necessary to ensure compliance with the
requirements of the Agreement, that Party may request in writing that the other Party agree to
terminate the provision(s) establishing such obligations; provided, however, that the provision(s)
in question shall continue in force unless and until the Party requesting such termination receives
written agreement from the other Party to terminate such provision(s).
XVIII. CONTRIBUTION PROTECTION
38. With regard to claims for contribution against Prospective Developer in relation to
the subject matter of this Agreement, Prospective Developer is entitled to protection from such
claims to the extent provided by NCGS § 130A-310.37(a)(5)-(6). The subject matter of this
Agreement is all remediation taken or to be taken and response costs incurred or to be incurred
by DEQ or any other person in relation to the Brownfields Property.
39. The Prospective Developer agrees that, with respect to any suit or claim for
441
22061-18-092 / NC DOT - CC Mangum— US64E

contribution brought by it in relation to the subject matter of this Agreement, it will notify DEQ
in writing no later than 60 days prior to the initiation of such suit or claim.
40. The Prospective Developer also agrees that, with respect to any suit or claim for
contribution brought against it in relation to the subject matter of this Agreement, it will notify
DEQ in writing within 10 days of receiving said suit or claim.
XIX. PUBLIC COMMENT
41. This Agreement shall be subject to a public comment period of at least 30 days
starting the day after the last of the following public notice tasks occurs: publication of the
approved summary of the Notice of Intent to Redevelop a Brownfields Property required by
NCGS § 130A-310.34 in a newspaper of general circulation serving the area in which the
Brownfields Property is located; conspicuous posting of a copy of said summary at the
Brownfields Property; and mailing or delivery of a copy of the summary to each owner of
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 Date
Deputy Director, Division of Waste Management
IT IS SO AGREED:
Rogers Lane Partners, LLC
By:
James I. Anthony, Jr.
Managing Member
NEI
Date
22061-18-092 / NC DOT - CC Mangum— US64E

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CERTIFICATE OF OWNERSHIP
I HEREBY CERTIFY THAT I AM (WE ARE) THE OWNER(S) OF THE PROPERTY
SHOWN AND DESCRIBED HEREON, WHICH IS LOCATED IN THE
JURISDICTION OF THE TOWN OF MORRISVILLE, AND THAT I (WE) HEREBY
ADOPT THIS PLAT WITH MY (OUR) FREE CONSENT.
OWNER(S) SIGNATURE, TITLE (WHEN APPLICABLE) DATE
PRINTED NAME
NOTARY STATEMENT
STATE OF
COUNTY OF
I CERTIFY THAT THE FOLLOWING PERSON(S) PERSONALLY APPEARED
BEFORE ME THIS DAY, EACH ACKNOWLEDGING TOME THAT HE OR SHE
VOLUNTARILY SIGNED THE FOREGOING DOCUMENT FOR THE PURPOSE
STATED THEREIN AND IN THE CAPACITY INDICATED:
DATE: 12020
IPF/
CMF
ALTERNATE COMPLIANCE
SECONDARY TREE
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PIN 1734-35-1060
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ALTERNATE COMPLIANCE
SECONDARY TREE
CONSERVATION AREA
65' PERIMETER YARD
*SEE SHEET 4 FOR NOTES*
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PIN:1734-34-3873
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AREA TABLE
AREA IN BROWNFIELDS
WEST OF NORTH ROGERS LANE.............823,227 SF OR 18.899 AC
EAST OF NORTH ROGERS LANE ........... 1,888,626 SF OR 43.357 AC
TOTAL AREA.......................................................2,711,853 SF OR 62.256 AC
LEGEND
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BROWNFIELDS LIMITS/
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CONCRETE
MONUMENTFOUND
IRON PIPE FOUND
IRON REBAR FOUND
IRON PIPE SET
COMPUTED POINT
FENCE
MONITOR WELL
WATER SUPPLY WELL
SOIL BORING
SOIL GAS LOCATION
SEDIMENT SAMPLE LOCATIONS
PROPERTY
7' CHAIN
LINK FENCE
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REVIEW OFFICER CERTIFICATION
I, , THE REVIEW OFFICER OF THE CITY OF RALEIGH,
CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED
MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING.
REVIEW OFFICER
DATE
THIS PLAT SHALL BE FILED WITH THE REGISTER OF DEEDS FOR THE COUNTY IN
WHICH THE DEVELOPMENT SITE IS LOCATED WITHIN 30 DAYS
AFTER THE DATE OF APPROVAL. OTHERWISE, SUCH APPROVAL SHALL BECOME
INVALID PER THE STANDARDS SET FORTH IN THE TOWN OF
MORRISVILLE UNIFIED DEVELOPMENT ORDINANCE.
RALEIGH BEACH ROAD
PUBLIC 60' RIGHT-OF-WAY PROPERTY
SM 2010, PG 590
N89°48'19"E 789.66'
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CAP & TACK 15' PEDESTR/AN
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- - - BY 2010, PG 591
EXISTING CEMETERY
IPF BY 2010, PG 591
BM 1911, PG 106
IPF BY 1976, PG 365
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BM 1985, PG 2178
BM 1997, PG 2048
BM 2004, PG 1065
BM 2010, PG 590
BM 2010, PG 591
BM 2010, PG 592
BM 2010, PG 593
BM 2010, PG 594
DB 2563, PG 739
DB 2825, PG 433
DB 3181, PG 293
v DB 4836, PG 53
DB 7830, PG 513
DB 11378, PG 919
DB 11588, PG 2190
DB 12926, PG 769
DB 14212, PG 1835
DB 14836, PG 4
DB 15546, PG 2233
DB 15872. PG 346
PROPERTY
F�
SURVEYOR CERTIFICATION
1, THOMAS E. TEABO, PLS, HEREBY CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY
SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION, FROM DEED AND
�V
MAP REFERENCES AS NOTED ON SAID MAP; THAT THE BOUNDARIES NOT SURVEYED ARE
CLEARLY INDICATED AS DRAWN FROM INFORMATION FROM DEED AND MAP REFERENCES AS
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ADDRESS TABLE
PIN:
ADDRESS:
1734-34-8949
5000 RALEIGH BEACH RD.
1734-44-5013
2908 SUNRISE VALLEY PL.
1734-44-4466
2905 SUNRISE VALLEY PL.
1734-44-2585
2901 SUNRISE VALLEY PL.
1734-44-6512
2909 SUNRISE VALLEY PL.
1734-44-4978
1135 NORTH ROGERS LN.
1734-45-7082
1900 SOUTHALL RD.
1734-64-1204
5655 NEW BERN AVE.
1734-54-5103
1840 SOUTHALL RD.
1734-53-1715
1800 SOUTHALL RD.
THAT THE RATIO OF PRECISION OR POSITIONAL ACCURACY OF THE SURVEYAS CALCULATED
IS 1: 10,000+, THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN AS BROKEN LINES PLOTTED
FROM INFORMATION OF RECORD; THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH G.S.
47-30, AS AMENDED.
I HEREBY 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. "CLASS A"
(2) POSITIONAL ACCURACY: 0.04'
(3) TYPE OF GPS FIELD PROCEDURE: REAL-TIME KINEMATIC NETWORKS-NCVRS
(4) DATES OF SURVEY: 12103118-12117118
(5) DATUM/EPOCH: NAD 83 (2011) EPOCH 2O10.00
(6) PUBLISHED/FIXED-CONTROL USE: NCVRS
(7) GEOID MODEL: 2012 (CONUS)
(8) COMBINED GRID FACTOR(S): 0.999910897
(9) UNITS: US SURVEY FEET
THAT THIS SURVEY IS OF ANOTHER CATEGORY, SUCH AS THE RECOMBINATION OF EXISTING
PARCELS, A COURT -ORDERED SURVEY, OR OTHER EXCEPTION TO THE DEFINITION OF A
SUBDIVISION.
WITNESS MY ORIGINAL SIGNATURE, LICENSE NUMBER AND SEAL THIS
6TH DAY OF OCTOBER A.D., 2020.
SALES OR CONVEYANCES
SURVEYOR NC L-3920
EXHIBIT B TO THE NOTICE OF BROWNFIELDS
PROPERTY -SURVEY ]PLAT
NCOOT -CC 2M[ANOU M-US64]E (BROWNFIELDS ID NO22061-18-092)
ROGERS REALTY & INSURANCE COMPANY (OWNER)
ROGERS LANE PARTNERS, E]RS, LLC (PROSPECTIVE DEVELOPER)
]PINS: 1734-34-8949, 1'734-44-4978, 1734-45-7082,1734-44-6512,
1734-44-2585,1734-44-4466,1734-44-5013,1734-54-5103,1734-53-1715,1'734-64-1204
CITY OF RALEIGH, ST. MATTHEWS TOWNLHIP,ti A1KE C•OUNTI, TNORTH CAROLINA
FILE NO. // 4130 PARKLAKE AVENUE, SUITE
130 RALEIGH, NORTH CAROLINA
NS 182070 27612 919.578.9000
www. bohboh lerengineerinq. comcom
BOHLER
DATE NCBELS: P-1132
■ UPSTATE NEW YORKM BOSTON, MAN NEW YORK METRON WARREN, NJ PHILADELPHINSOUTHERN NU■ LEHIGH VALLEY, PAN SOUTHEASTERN PA
10/06/2020 BALTIMORE, MD ■ SOUTHERN MARYLAND ■ NORTHERN VIRGINIA ■ WASHINGTON DC ■ CENTRAL VIRGINIA■ CHARLOTTE, NC ■ RALEIGH, NC
FIELD DATE I CREW CHIEF DRAWN I REVIEWED I APPROVED I SCALE DWG. NO.
01/07/2020 RJ BG JT/TET TET 1" = 100' 1 OF 5J

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REFERENCES
BM1911,PG106
BM 1976, PG 365
BM 1985, PG 2178
BM 1997, PG 2048
BM 2004, PG 1065
BM 2010, PG 590
BM 2010, PG 591
BM 2010, PG 592
BM 2010, PG 593
BM 2010, PG 594
DB 2563, PG 739
DB 2825, PG 433
DB 3181, PG 293
DB 4836, PG 53
DB 7830, PG 513
DB 11378, PG 919
DB 11588, PG 2190
DB 12926, PG 769
DB 14212, PG 1835
DB 14836, PG 4
DB 15546, PG 2233
DB 15872, PG 346
*SEE SHEET 4 FOR NOTES*
*SEE SHEET 4 FOR CURVE TABLE*
*SEE SHEET 4 FOR LINE TABLE*
*SEE SHEET 4 FOR CONTAMINANTS CONCENTRATIONS TABLE*
*SEE SHEET 5 FOR LAND USE RESTRICTIONS*
LEGEND
BROWNFIELDS LIMITS/
LINE SURVEYED
BROWNFIELDS LIMITS/
LINE NOT SURVEYED
LINE SURVEYED
LINE NOT SURVEYED
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I1�1�61 PG 590 PIN.- 1734-44-1281 BM 2010, PG 593 PERMANENT
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PIN 1794-44-5013
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RALEIGH BEACH RD o QngS DR
/A VII
LOCATION MAP
NOT TO SCALE
AREA TABLE
AREA IN BROWNFIELDS
WEST OF NORTH ROGERS LANE.............823,227 SF OR 18.899 AC
EAST OF NORTH ROGERS LANE ........... 1,888,626 SF OR 43.357 AC
TOTAL AREA.......................................................2,711,853 SF OR 62.256 AC
100, 50' 0' 100,
1" =100'
ADDRESS TABLE
PIN:
ADDRESS:
1734-34-8949
5000 RALEIGH BEACH RD.
1734-44-5013
2908 SUNRISE VALLEY PL.
1734-44-4466
2905 SUNRISE VALLEY PL.
1734-44-2585
2901 SUNRISE VALLEY PL.
1734-44-6512
2909 SUNRISE VALLEY PL.
1734-44-4978
1135 NORTH ROGERS LN.
1734-45-7082
1900 SOUTHALL RD.
1734-64-1204
5655 NEW BERN AVE.
1734-54-5103
1840 SOUTHALL RD.
1734-53-1715
1800 SOUTHALL RD.
°, -OF 04, Q° �
SEALo. =
L-3920
�l9�OSURv';�yo�°;`
PRE1GIMUNA-R Y - ID7T�CONVEYANCES
RECORDATION,
DA TION,
SALES
EXHIBIT B TO THE NOTICE OF BROWNFIELDS
PROPERTY -SURVEY PLAT
NCDOT-CC 2M[ANGl[JM-US64]E (BROWNFIELDS ID NO.22061-1S-092)
ROGERS REALTY & INSURANCE COMPANY (OWNER)
ROGERS LANE PARTNERS, L^Lc^ (PROSPECTIVE SPECTIVE DEVELOPER)
1734-44-2585,1734-44-4466,1734-44-5013,1734-54-5103,1734-53-1715,1734-64-1204
CITY OF RALEIGHI, ST. MATTHEWS TOWNSHIP,WAKE COUNTY, NORTH CAROLINA
FILE NO. 4130 PARKLAKE AVENUE, SUITE
130 RALEIGH, NORTH CAROLINA
NS 182070BOHLERI 27612 919.578.9000
www.bohlerengineering.com
DATE NCBELS: P-1132
■ UPSTATE NEW YORKM BOSTON, MAN NEW YORK METRON WARREN, NJ PHILADELPHINSOUTHERN NU■ LEHIGH VALLEY, PAN SOUTHEASTERN PA
10/06/2020 BALTIMORE, MD ■ SOUTHERN MARYLAND ■ NORTHERN VIRGINIA ■ WASHINGTON DC ■ CENTRAL VIRGINIA■ CHARLOTTE, NC ■ RALEIGH, NC
FIELD DATE CREW CHIEF DRAWN I REVIEWED I APPROVED I SCALE DWG. NO.
01/07/2020 RJ BG JT/TET TET 1" = 100' 2 OF 5J

AREA TABLE N
RES,,,QGo
AREA IN BROWNFIELDS 'P o
RALEIGH BEACH RD Ao
BIG BASS DR
WEST OF NORTH ROGERS LANE.............823,227 SF OR 18.899 AC
*SEE SHEET 4 FOR NOTES*/0011 ' ITE / %
EAST OF NORTH ROGERS LANE ........... 1,888,626 SF OR 43.357 AC
*SEE SHEET 4 FOR CURVE TABLE* � z E
D
TOTAL AREA.......................................................2,711,853 SF OR 62.256 AC o
*SEE SHEET 4 FOR LINE TABLE* I Z
*SEE SHEET 4 FOR CONTAMINANTS CONCENTRATIONS TABLE* I \ ZONE AE o 0
(FLOODWAY)
*SEE SHEET 5 FOR LAND USE RESTRICTIONS*
N/F
POINT OF N/F RALEIGH CITY OF
PIN.• 1734-55-7504
BEGINNING EDGEWATER TOWNHOME / DB 1588, PG 2190
ASSOCIATION INC
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DB 2825, PG 433 \ RIVER BUFFER / OB 4836, PG 53 \ \ 0 PROPERTY EX/STING �, PIN- 1734648413
V \ i EXISTING BM 2010, PG 592/ / BY 2010, PG 592 EXISTING \ V I.5 60' CITY OF RALEIGH F DB 15546, PG 2233
DB 3181, PG 293 v _ GREENWAY TREE
DB 4836, PG 53 � RIVEREBUFFER / / � / � SEWER EASEMENT A62, gS, BY 1997, PG 2048
CONSERVATION AREA \ \ BY 1995, PG 2178
DB 7830, PG 513 BY 2010, PG 592 \ &'� \ �� \ S62°43'17"E
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DB 14212, PG 1835 BY 2010, PG 593 / / \ ZONE X \ � G/S, DEEDS AND
DB 14836, PG 4 \ / / PHA SE 1 (0.29 ANNUAL \\ �� 64.98' MAPS OF RECORD
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=ow IL _
_ CMF CONCRETE NCDOT -CC MANGUM-US64E (BROWNFIELDS ID NO. 22061-18-092)
oMONUMENTFOUND ROGERS REALTY & INSURANCE COMPANY (OWNER)
�Zo O IPF IRON PIPE FOUND ROGERS LANE PARTNERS, LLC (PROSPECTIVE DEVELOPER)
Lu � ADDRESS TABLE:
Q�� O IRF IRON REBAR FOUND ]PINS: 1734-34-8949, 1734-44-4978, 1734-45=7082,1734-44-6512,
U` °o o O IPS IRON PIPE SET PIN: ADDRESS: 1734-44-2585, 1734-44-4466, 1734-44-5013, 1734-54-5103, 1734-53-1715, 1734-64-1204
z cnw ... 1734-34-8949 5000 RALEIGH BEACH RD. CITY Off' RALEIGH[, ST. MATTHEWS TOWNSHIP,WAIKIR COUNTY, NORTH CAROLINA
z • COMPUTED POINT ESS10
LU6> O ti�oa� 1734-44-5013 2908 SUNRISE VALLEY PL. a13oPARl<LAKEAVENUE,suITE
z j z FENCE L ���1 ��� I�4 �%e ����� �a �1�� � � = ° ¢ SEAL = 1734-44-4466 2905 SUNRISE VALLEY PL. FILE No. 130 RALEIGH, NORTH CAROLINA
Cdre� ® MONITOR WELL a����� ��®�T�J����T�,� - o L-3920 0 = 1734-44-2585 2901 SUNRISE VALLEY PL. NS182070 27612919.578.9000
Z ; � o° � a Q ; 1734-44-6512 2909 SUNRISE VALLEY PL. www.bohlerengineerin.g.com
W o W BOHLER
WATER SUPPLY WELL 9ti y� ° 1734-44-4978 1135 NORTH ROGERS LN. DATE NCBELS: P-1132
� z u' $' °°°°,°') S URA � °o °°
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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 HIGH -DENSITY RESIDENTIAL, RETAIL, OFFICE,
RESTAURANT, HOTEL, OPEN SPACE, GREENWAYS, GAS STATION,
BREWERY OR FOOD PRODUCTION FACILITY, GROCERY, WAREHOUSE,
PARKING, AND, SUBJECT TO DEQ'S PRIOR WRITTEN APPROVAL, OTHER
COMMERCIAL USES. ANY PROPOSED LOCATION FOR A GAS STATION
SHALL BE SUBJECT TO DEQ PRIOR WRITTEN APPROVAL. FOR PURPOSES
OF THIS RESTRICTION, THE FOLLOWING DEFINITIONS APPLY:
i. "HIGH DENSITY RESIDENTIAL" IS DEFINED AS PERMANENT
DWELLINGS WHERE RESIDENTIAL UNITS ARE ATTACHED TO EACH OTHER
WITH COMMON WALLS, SUCH AS CONDOMINIUMS, APARTMENTS
(INCLUDING EXCLUSIVELY RENTAL TOWNHOUSES UNDER COMMON
OWNERSHIP), GROUP HOMES, DORMITORIES OR BOARDING HOUSES, AND
ANY PROPERTY OUTSIDE THE DWELLING STRUCTURES IS USABLE BY ALL
RESIDENTS AND NOT PRIVATELY OWNED AS PART OF A PARTICULAR UNIT
(E.G., PRIVATELY -OWNED COURTYARDS ARE PROHIBITED), AND MAY
INCLUDE RELATED AMENITIES, SUCH AS POOLS, CLUBHOUSES,
COURTYARDS, COMMON AREAS, RECREATION AREAS AND PARKING
GARAGES. SINGLE FAMILY HOMES ARE PROHIBITED; TOWNHOMES,
DUPLEXES OR OTHER INDIVIDUALLY OWNED UNITS THAT INCLUDE LAND
OWNERSHIP ARE PROHIBITED UNLESS APPROVED IN WRITING BY DEQ IN
ADVANCE.
ii. "RETAIL" IS DEFINED AS THE SALE OF GOODS OR SERVICES,
PRODUCTS, OR MERCHANDISE DIRECTLY TO THE CONSUMER OR
BUSINESSES AND INCLUDES SHOWROOMS, PERSONAL SERVICE, AND THE
SALES OF FOOD AND BEVERAGE PRODUCTS.
iii. "OFFICE" IS DEFINED AS THE PROVISION OF BUSINESS OR
PROFESSIONAL SERVICES.
iv. "RESTAURANT" IS DEFINED AS A COMMERCIAL BUSINESS
ESTABLISHMENT THAT PREPARES AND SERVES FOOD AND BEVERAGES TO
PATRONS.
v. "HOTEL" IS DEFINED AS THE PROVISION OF OVERNIGHT
LODGING TO PAYING CUSTOMERS, AND TO ASSOCIATED FOOD SERVICES,
GYM, RESERVATION, CLEANING, UTILITIES, PARKING AND ON -SITE
HOSPITALITY, MANAGEMENT AND RECEPTION SERVICES.
vi. "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.
vii. "GREENWAYS" ARE DEFINED AS A NATURAL OR
CONSTRUCTED CORRIDORS TRAVERSING OPEN SPACE, WHICH MAY BE
USED FOR PEDESTRIAN OR BICYCLE PASSAGE. GREENWAYS TYPICALLY
LINK AREAS OF ACTIVITY, SUCH AS PARKS, CULTURAL FEATURES, OR
HISTORIC SITES WITH EACH OTHER AND WITH POPULATED AREAS.
viii"GAS STATION" IS DEFINED AS A RETAIL FACILITY AT WHICH
MOTOR VEHICLES ARE COMMERCIALLY REFUELED.
ix. "BREWERY OR FOOD PRODUCTION FACILITY" IS DEFINED AS
AN ESTABLISHMENT FOR THE MANUFACTURE, SALE AND DISTRIBUTION OF
BEVERAGES OR FOOD PRODUCTS, INCLUDING WITHOUT LIMITATION BEER
AND ALE, TOGETHER WITH ASSOCIATED PUBLIC ROADWAYS AND RELATED
INFRASTRUCTURE.
x. "GROCERY" IS DEFINED AS A RETAIL STORE THAT OFFERS
NON-PERISHABLE FOOD PACKAGED IN BOTTLES, BOXES, AND CANS;
PERISHABLE FOOD SUCH AS BAKED GOODS, MEATS, DELI PRODUCTS, AND
FRESH PRODUCE; AND WHICH MAY SELL NON-FOOD ITEMS, SUCH AS
CLOTHING AND HOUSEHOLD ITEMS AND MAY PROVIDE PHARMACY,
FINANCIAL, OR OTHER PERSONAL SERVICES.
xi. "WAREHOUSING" IS DEFINED AS THE USE OF A COMMERCIAL
BUILDING FOR STORAGE OF GOODS BY MANUFACTURERS, IMPORTERS,
EXPORTERS, WHOLESALERS, TRANSPORT BUSINESSES AMONG OTHERS,
AND ALSO REFERS TO THE STORAGE OF GOODS AND MATERIALS FOR A
SPECIFIC COMMERCIAL ESTABLISHMENT OF A GROUP OF ESTABLISHMENTS
IN A PARTICULAR TYPE OF INDUSTRY OR COMMERCIAL ACTIVITY.
xii. "PARKING" IS DEFINED AS THE TEMPORARY
ACCOMMODATION OF MOTOR VEHICLES IN AN AREA DESIGNED FOR SAME.
xiii. "COMMERCIAL" IS DEFINED AS AN ENTERPRISE CARRIED ON
FOR PROFIT OR NONPROFIT BY THE OWNER, LESSEE OR LICENSEE.
b. RESIDENTIAL TOWNHOME UNITS SHALL ONLY BE OCCUPIED
BY RESIDENTS UNDER LEASE AND SHALL NOT BE SOLD TO INDIVIDUAL
OWNERS FOR OCCUPATION OR SUBLETTING. AT THE DISCRETION OF DEQ,
CONDITIONED ON PRIOR WRITTEN DEQ REVIEW AND APPROVAL OF A
PRIVATE OWNERSHIP PLAN THAT INCLUDES CONDITIONS DEQ MAY IMPOSE,
WITHOUT LIMITATION, FOR ENHANCED LAND USE RESTRICTION
ENFORCEABILITY AND FEES TO OFFSET THE COST TO THE STATE, THE
UNITS MAY BE APPROVED FOR INDIVIDUAL SALE.
C. THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR CHILD
CARE, ADULT CARE CENTERS OR SCHOOLS WITHOUT THE PRIOR WRITTEN
APPROVAL OF DEQ.
d. PHYSICAL REDEVELOPMENT OF THE BROWNFIELDS
PROPERTY MAY NOT OCCUR OTHER THAN IN ACCORD, AS DETERMINED BY
DEQ, WITH AN ENVIRONMENTAL MANAGEMENT PLAN ("EMP") APPROVED IN
WRITING BY DEQ IN ADVANCE (AND REVISED TO DEQ'S WRITTEN
SATISFACTION PRIOR TO EACH SUBSEQUENT REDEVELOPMENT PHASE)
THAT IS CONSISTENT WITH ALL THE OTHER LAND USE RESTRICTIONS AND
DESCRIBES REDEVELOPMENT ACTIVITIES AT THE BROWNFIELDS
PROPERTY, THE TIMING OF REDEVELOPMENT PHASES, AND ADDRESSES
HEALTH, SAFETY AND ENVIRONMENTAL ISSUES THAT MAY ARISE FROM USE
OF THE BROWNFIELDS PROPERTY DURING CONSTRUCTION OR
REDEVELOPMENT IN ANY OTHER FORM, INCLUDING WITHOUT LIMITATION:
i. SOIL AND WATER MANAGEMENT ISSUES, INCLUDING WITHOUT
LIMITATION THOSE RESULTING FROM CONTAMINATION IDENTIFIED IN THE
ENVIRONMENTAL REPORTS;
ii. ISSUES RELATED TO POTENTIAL SOURCES OF
CONTAMINATION REFERENCED IN EXHIBIT 2 TO THIS AGREEMENT;
iii. CONTINGENCY PLANS FOR ADDRESSING, INCLUDING
WITHOUT LIMITATION THE TESTING OF SOIL AND GROUNDWATER, NEWLY
DISCOVERED POTENTIAL SOURCES OF ENVIRONMENTAL CONTAMINATION
(E.G., USTS, TANKS, DRUMS, SEPTIC DRAIN FIELDS, OIL -WATER
SEPARATORS, SOIL CONTAMINATION);
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.
e. GROUNDWATER AT THE BROWNFIELDS PROPERTY MAY NOT
BE USED FOR ANY PURPOSE WITHOUT THE PRIOR WRITTEN APPROVAL OF
DEQ.
f. NO ACTIVITY THAT DISTURBS SOIL ON THE BROWNFIELDS
PROPERTY MAY OCCUR UNLESS AND UNTIL DEQ STATES IN WRITING, IN
ADVANCE OF THE PROPOSED ACTIVITY, THAT SAID ACTIVITY MAY OCCUR IF
CARRIED OUT ALONG WITH ANY MEASURES DEQ DEEMS NECESSARY TO
ENSURE THE BROWNFIELDS PROPERTY WILL BE SUITABLE FOR THE USES
SPECIFIED IN SUBPARAGRAPH 15.A. ABOVE WHILE FULLY PROTECTING
PUBLIC HEALTH AND THE ENVIRONMENT, EXCEPT:
i. IN CONNECTION WITH LANDSCAPE PLANTING TO DEPTHS NOT
EXCEEDING 24 INCHES;
ii. MOWING AND PRUNING OF ABOVE -GROUND VEGETATION;
iii. FOR REPAIR OF UNDERGROUND INFRASTRUCTURE,
PROVIDED THAT DEQ SHALL BE GIVEN WRITTEN NOTICE AT LEAST SEVEN
DAYS IN ADVANCE OF A SCHEDULED REPAIR (IF ONLY BY EMAIL) OF ANY
SUCH REPAIR, OR IN EMERGENCY CIRCUMSTANCES NO LATER THAN THE
NEXT BUSINESS DAY, AND THAT ANY RELATED ASSESSMENT AND
REMEDIAL MEASURES REQUIRED BY DEQ SHALL BE TAKEN; AND
iv. IN CONNECTION TO WORK CONDUCTED IN ACCORDANCE
WITH A DEQ-APPROVED ENVIRONMENTAL MANAGEMENT PLAN (EMP) AS
OUTLINED ABOVE IN SUBPARAGRAPH 15.C.
9- NO OCCUPANCY OF NEWLY CONSTRUCTED BUILDINGS ON
THE BROWNFIELDS PROPERTY MAY OCCUR UNTIL THE THEN OWNER OF
THE BROWNFIELDS PROPERTY CONDUCTS REPRESENTATIVE FINAL GRADE
SOIL SAMPLING OF ALL 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. SOIL MAY NOT BE REMOVED FROM, OR BROUGHT ONTO,
THE BROWNFIELDS PROPERTY WITHOUT PRIOR SAMPLING AND
ANALYSIS TO DEQ'S SATISFACTION AND THE WRITTEN APPROVAL OF
DEQ, UNLESS CONDUCTED IN ACCORDANCE WITH AN APPROVED EMP
AS OUTLINED ABOVE IN SUBPARAGRAPH 15.C.
i. 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 BASED ON SITE ASSESSMENT DATA OR A
SITE -SPECIFIC RISK ASSESSMENT APPROVED IN WRITING BY DEQ;
ii. THE BUILDING IS OR WOULD BE SUFFICIENTLY DISTANT
FROM THE BROWNFIELDS PROPERTY'S GROUNDWATER AND/OR SOIL
CONTAMINATION BASED ON ASSESSMENT DATA APPROVED IN WRITING
BY DEQ THAT THE BUILDING'S USERS, PUBLIC HEALTH AND THE
ENVIRONMENT WILL BE PROTECTED FROM RISK FROM VAPOR
INTRUSION RELATED TO SAID CONTAMINATION; OR
iii. VAPOR INTRUSION MITIGATION MEASURES ARE
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.
j. WITHIN 90 DAYS AFTER EACH ONE-YEAR ANNIVERSARY OF
THE EFFECTIVE DATE OF THIS AGREEMENT FOR AS LONG AS PHYSICAL
REDEVELOPMENT OF THE BROWNFIELDS PROPERTY CONTINUES
(EXCEPT THAT THE FINAL DEADLINE SHALL FALL 90 DAYS AFTER THE
CONCLUSION OF PHYSICAL REDEVELOPMENT), THE THEN OWNER OF
THE BROWNFIELDS PROPERTY SHALL PROVIDE DEQ A REPORT
SUBJECT TO WRITTEN DEQ APPROVAL ON ENVIRONMENT -RELATED
ACTIVITIES SINCE THE LAST REPORT, WITH A SUMMARY AND
DRAWINGS, THAT DESCRIBES:
i. ACTIONS TAKEN ON THE BROWNFIELDS PROPERTY IN
ACCORDANCE WITH SECTION V: WORK TO BE PERFORMED ABOVE;
ii. SOIL GRADING AND CUT AND FILL ACTIONS;
iii. METHODOLOGY(IES) EMPLOYED FOR FIELD SCREENING,
SAMPLING AND LABORATORY ANALYSIS OF ENVIRONMENTAL MEDIA;
iv. STOCKPILING, CONTAINERIZING, DECONTAMINATING,
TREATING, HANDLING, LABORATORY ANALYSIS AND ULTIMATE
DISPOSITION OF ANY SOIL, GROUNDWATER OR OTHER MATERIALS
SUSPECTED OR CONFIRMED TO BE CONTAMINATED WITH REGULATED
SUBSTANCES; AND
v. REMOVAL OF ANY CONTAMINATED SOIL, WATER OR
OTHER CONTAMINATED MATERIALS (FOR EXAMPLE, CONCRETE,
DEMOLITION DEBRIS) FROM THE BROWNFIELDS PROPERTY (COPIES OF
ALL LEGALLY REQUIRED MANIFESTS SHALL BE INCLUDED).
k. NEITHER DEQ, NOR ANY PARTY CONDUCTING
ENVIRONMENTAL ASSESSMENT OR REMEDIATION AT THE
BROWNFIELDS PROPERTY AT THE DIRECTION OF, OR PURSUANT TO A
PERMIT, ORDER OR AGREEMENT ISSUED OR ENTERED INTO BY DEQ,
MAY BE DENIED ACCESS TO THE BROWNFIELDS PROPERTY FOR
PURPOSES OF CONDUCTING SUCH ASSESSMENT OR REMEDIATION,
WHICH IS TO BE CONDUCTED USING REASONABLE EFFORTS TO
MINIMIZE INTERFERENCE WITH AUTHORIZED USES OF THE
BROWNFIELDS PROPERTY.
I. ANY DEED OR OTHER INSTRUMENT CONVEYING AN
INTEREST IN THE BROWNFIELDS PROPERTY SHALL CONTAIN THE
FOLLOWING NOTICE: "THIS PROPERTY IS SUBJECT TO THE
BROWNFIELDS AGREEMENT ATTACHED AS EXHIBIT A TO THE NOTICE OF
BROWNFIELDS PROPERTY RECORDED IN THE WAKE COUNTY LAND
RECORDS, BOOK , PAGE A COPY OF ANY SUCH
INSTRUMENT SHALL BE SENT TO THE PERSONS LISTED IN SECTION XV
(NOTICES AND SUBMISSIONS), THOUGH FINANCIAL FIGURES AND OTHER
CONFIDENTIAL INFORMATION RELATED TO THE CONVEYANCE MAY BE
REDACTED TO THE EXTENT SAID REDACTIONS COMPLY WITH THE
CONFIDENTIALITY AND TRADE SECRET PROVISIONS OF THE NORTH
CAROLINA PUBLIC RECORDS LAW. 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.
M. 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;
AND
iii. AS CONSTITUENTS OF PRODUCTS AND MATERIALS
CUSTOMARILY USED AND STORED IN HIGH -DENSITY RESIDENTIAL,
RETAIL, OFFICE, RESTAURANT, HOTEL, OPEN SPACE, GREENWAYS, GAS
STATION, BREWERY OR FOOD PRODUCTION FACILITY, GROCERY,
WAREHOUSE, PARKING, AND, WITH DEQ'S PRIOR WRITTEN APPROVAL,
OTHER COMMERCIAL USES, PROVIDED SUCH PRODUCTS AND
MATERIALS ARE STORED IN ORIGINAL RETAIL PACKAGING AND USED
AND DISPOSED OF IN ACCORDANCE WITH APPLICABLE LAWS.
n. WITHIN 60 DAYS, OR IN ACCORDANCE WITH A SCHEDULE
APPROVED IN WRITING IN ADVANCE BY THE NORTH CAROLINA
BROWNFIELDS PROGRAM (NCBP), AFTER THE EFFECTIVE DATE OF THIS
AGREEMENT OR PRIOR TO LAND DISTURBANCE ACTIVITIES AND AFTER
CONSULTATION WITH THE NCBP, PROSPECTIVE DEVELOPER SHALL
ABANDON ALL MONITORING WELLS, INJECTION WELLS, RECOVERY
WELLS, PIEZOMETERS AND OTHER MANMADE POINTS OF
GROUNDWATER ACCESS AT THE BROWNFIELDS PROPERTY, EXCEPT
THOSE WELLS THE NORTH CAROLINA INACTIVE HAZARDOUS SITES
BRANCH REQUIRES TO REMAIN ON THE BROWNFIELDS PROPERTY, IN
ACCORDANCE WITH SUBCHAPTER 2C OF TITLE 15A OF THE NORTH
CAROLINA ADMINISTRATIVE CODE, UNLESS AN ALTERNATE SCHEDULE
IS APPROVED BY DEQ. WITHIN 30 DAYS AFTER DOING SO, THE
PROSPECTIVE DEVELOPER SHALL PROVIDE DEQ A REPORT, SETTING
FORTH THE PROCEDURES AND RESULTS.
0. NO OCCUPANCY OF ANY SITE RESIDENTIAL BUILDING
SHALL OCCUR UNLESS THE CURRENT OWNER SETS ASIDE THE AGREED
UPON PERCENTAGES OF THE TOTAL PROPOSED RESIDENTIAL UNITS TO
COMPLY WITH THE WORKFORCE HOUSE RENT RATE GUIDELINES
PRESENTED IN EXHIBIT 3 TO THIS AGREEMENT.
PII ELIlMINAR Y e NOT FOR RECORDA TI ON,
SALES OR CONVEYANCES
*SEE SHEET 4 FOR NOTES*
*SEE SHEET 4 FOR CURVE TABLE*
*SEE SHEET 4 FOR LINE TABLE*
*SEE SHEET 4 FOR CONTAMINANTS
CONCENTRATIONS TABLE*
CARot
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L-3920
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]LOCATION MAP
NOT TO SCALE
P. NO LAND DISTURBING OR CONSTRUCTION ACTIVITIES CAN
OCCUR WITHIN THE PARCEL 1734641204 ADJACENT TO THE NEUSE
RIVER GREENWAY, NOR ALONG OR ON ANY PORTION OF THE BLUFF
FACE ABOVE AND ALONG SAID GREENWAY, WITHOUT DEQ PRIOR
WRITTEN APPROVAL.
q. DURING JANUARY OF EACH YEAR AFTER THE YEAR IN
WHICH THE NOTICE REFERENCED BELOW IN PARAGRAPH 20 IS
RECORDED, THE OWNER OF ANY PART OF THE BROWNFIELDS
PROPERTY AS OF JANUARY 1ST OF THAT YEAR SHALL SUBMIT A
NOTARIZED LAND USE RESTRICTIONS UPDATE ("LURU") TO DEQ, AND TO
THE CHIEF PUBLIC HEALTH AND ENVIRONMENTAL OFFICIALS OF WAKE
COUNTY, CERTIFYING THAT, AS OF SAID JANUARY 1ST, THE NOTICE OF
BROWNFIELDS PROPERTY CONTAINING THESE LAND USE
RESTRICTIONS REMAINS RECORDED AT THE WAKE COUNTY REGISTER
OF DEEDS OFFICE AND THAT THE LAND USE RESTRICTIONS ARE BEING
COMPLIED WITH. THE SUBMITTED LURU SHALL STATE THE FOLLOWING:
i. THE NAME, MAILING ADDRESS, TELEPHONE AND FACSIMILE
NUMBERS, AND CONTACT PERSON'S E-MAIL ADDRESS OF THE OWNER
OR BOARD, ASSOCIATION OR APPROVED ENTITY SUBMITTING THE LURU
IF SAID OWNER OR EACH OF THE OWNERS ON WHOSE BEHALF THE
JOINT LURU IS SUBMITTED ACQUIRED ANY PART OF THE BROWNFIELDS
PROPERTY DURING THE PREVIOUS CALENDAR YEAR;
ii. THE TRANSFEREE'S NAME, MAILING ADDRESS,
TELEPHONE AND FACSIMILE NUMBERS, AND CONTACT PERSON'S E-MAIL
ADDRESS, IF SAID OWNER 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.
iv. 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.
FOR THE PURPOSE OF N.C.G.S. 130A-310.35
ELLEN LORSCHEIDER, DEPUTY DIRECTOR DATE
DIVISION OF WASTE MANAGEMENT
STATE OF NORTH CAROLINA
COUNTY OF WAKE
ADDRESS TABLE:
PIN:
ADDRESS:
1734-34-8949
5000 RALEIGH BEACH RD.
1734-44-5013
2908 SUNRISE VALLEY PL.
1734-44-4466
2905 SUNRISE VALLEY PL.
1734-44-2585
2901 SUNRISE VALLEY PL.
1734-44-6512
2909 SUNRISE VALLEY PL.
1734-44-4978
1135 NORTH ROGERS LN.
1734-45-7082
1900 SOUTHALL RD.
1734-64-1204
5655 NEW BERN AVE.
1734-54-5103
1840 SOUTHALL RD.
1734-53-1715
1800 SOUTHALL RD.
EXHIBIT B TO THE E NOTICE OF BROWNFIELDS
PROPERTY -SURVEY PLAT
NCDOT-CC MANGUM-US64E (BROWNFIELDS 4D NO, 22061-18-092)
ROGERS REALTY & INSURANCE COMPANY (OWNER)
]ROGERS ]LANE PARTNERS, LLC (PROSPECTIVE DEVELOPER)
]PINS: 1734-34-8949, 1734-44-49i8, 1i34-45-i082,1i34-44-6512,
1734-44-2585,1734-44-4466,1734-44-5013,1734-54-5103,1734-53-1715,1734-64-1204
CITY OF RALEIGH[, ST. MATTHEWS TOWNSHIP,WAIKR COUNTY, NORTH CAROLINA
FILE NO. 4130 PARKLAKE AVENUE, SUITE
130 RALEIGH, NORTH CAROLINA
N S 182070 27612 919.578.9000
www.bohlerengineering.com
DATE BOHLERINCBELS P-1132
■ UPSTATE NEW YORK- BOSTON, MAN NEW YORK METROM WARREN, NJOPHILADELPHINSOUTHERN NJ■ LEHIGH VALLEY, PAN SOUTHEASTERN PA
10/06/2020 BALTIMORE, MD ■ SOUTHERN MARYLAND■ NORTHERN VIRGINIA ■ WASHINGTON, DC ■ CENTRAL VIRGINIA■ CHARLOTTE, NC ■ RALEIGH, NC
FIELD DATE I CREW CHIEF DRAWN
01/07/2020 RJ BG
REVIEWED I APPROVED I SCALE
DWG. NO.
5 OF 5
JT/TET 1 TET
1"=100'

Exhibit C
Legal Description of Brownfields Property
Brownfields Project Name: NCDOT-CC Mangum-US64E
Brownfields Project No.: 22061-18-092
Property West of N. Rogers Lane - 18.899 Acres
Beginning at a point, said point being an iron pipe within a concrete monument found, said point also
being on the southerly rights -of -way of Raleigh Beach Road, said point also being the northeast corner
of the Now or Formerly Kimbrells Investment Company, Inc. property, said point also being THE POINT
OF BEGININNING;
Thence departing the northeast corner of the Now or Formerly Kimbrells Investment Company, Inc.
property and running with the southerly rights -of -way of Raleigh Beach Road, the following courses and
distances:
N 89° 48' 19" E 789.66' to an iron pipe found;
Thence with a curve to the left, whose arc length is 347.37' and having a radius of 1218.91', with a chord
bearing of N 81° 38' 28" E and distance of 346.20' to an iron pipe found;
Thence departing the southerly rights -of -way of Raleigh Beach Road and running with the westerly
rights -of -way of North Rogers Lane, the following courses and distances:
Thence with a curve to the right, whose arc length is 41.13' and having a radius of 25.00', with a chord
bearing of S 59° 23' 30" E and distance of 36.65' to an iron pipe set;
Thence with a curve to the right, whose arc length is 338.75' and having a radius of 455.00', with a chord
bearing of S 09' 04' 06" W and distance of 330.98' to an iron pipe found;
S 30' 23' 58" W 720.79' to an iron pipe found;
Thence with a curve to the right, whose arc length is 32.26' and having a radius of 25.00', with a chord
bearing of S 67' 22' 00" W and distance of 30.07' to an iron pipe set;
S 34' 46' 19" W 64.03' to an iron pipe set;
S 31' 27' 59" W 167.50' to an iron pipe set;
Thence departing the westerly rights -of -way of North Rogers Lane and running with the northerly rights -
of -way of U.S. Highway 64, the following courses and distances:
Thence with a curve to the right, whose arc length is 25.63' and having a radius of 40.00', with a chord
bearing of S 49' 49' 21" W and distance of 25.19' to an iron pipe set;
N 57' 29' 54" W 454.36' to an iron pipe set;
Thence departing the northerly rights -of -way of U.S. Highway 64 with a curve to the right, whose arc
length is 56.54' and having a radius of 20.00', with a chord bearing of N 23° 29' 21" E and distance of
39.51' to an iron pipe set;
Thence running through an abandoned portion of Old U.S. Highway 64 N 17° 44' 36" E 59.93' to a
concrete monument found, said concrete monument being the southeast corner of the Now or
Formerly Reico, LLC. property;

Thence departing the southeast corner of the Now or Formerly Reico, LLC. property and running with
the easterly line of the Now or Formerly Reico, LLC. property N 01' 53' 47" W 628.97' to a concrete
monument found, said concrete monument being the northeast corner of the Now or Formerly Reico,
LLC. property;
Thence departing the northeast corner of the Now or Formerly Reico, LLC. property and running with
the northerly line of the Now or Formerly Reico, LLC. property S 88' 05' 35" W 199.63' to an iron pipe
set, said iron pipe being the northwest corner of the Now or Formerly Reico, LLC. property;
Thence departing the northwest corner of the Now or Formerly Reico, LLC. property and running with
the easterly line of the Now or Formerly Kimbrells Investment Company, Inc. property N 02° 02' 19" W
178.16' to an iron pipe within a concrete monument found, said iron pipe within a concrete monument
being THE POINT OF BEGINNING and containing 823,227 square feet or 18.899 acres, more or less.
The property described hereon is subject to all easements, rights -of -way and restrictions of record.
Property East of N. Rogers Lane - 43.357 Acres
Beginning at a point, said point being an iron pipe set, said iron pipe being along the easterly rights -of -
way of Southall Road, said iron pipe also being a southwesterly corner of the Now or Formerly
Edgewater Townhome Association property, said iron pipe also being THE POINT OF BEGINNING;
Thence departing the easterly rights -of -way of Southall Road and running with the southerly line of the
Now or Formerly Edgewater Townhome Association property, the following courses and distances:
S 64' 09' 23" E 210.71' to an iron pipe set;
S 85' 46' 52" E 367.60' to an iron pipe found, said iron pipe being along the westerly line of the Now or
Formerly City of Raleigh property;
Thence departing the southerly line of the Now or Formerly Edgewater Townhome Association property
and running with the westerly line of the Now or Formerly City of Raleigh property
S 39° 10' 24" W 93.74' to an iron pipe set;
Thence departing the westerly line of the Now or Formerly City of Raleigh property and running with the
southerly line of the Now or Formerly City of Raleigh property S 81° 13' 09" E 64.79' to an iron pipe set,
said iron pipe being a westerly corner of the Now or Formerly Andrew J. Heymann property;
Thence departing the southerly line of the Now or Formerly City of Raleigh property and running with
the southerly line of the Now or Formerly Andrew J. Heymann property, the following courses and
distances:
S 49' 22' 50" E 127.98' to a concrete monument found;
S 17' 55' 36" E 42.10' to a concrete monument found;
S 68' 28' 05" E 24.31' to an iron pipe found;
N 19° 03' 59" E 56.64' to an iron pipe found;
S 86' 49' 17" E 71.00' to an iron pipe found;
N 42' 10' 57" E 161.53' to an iron pipe set;
N 42° 10' 57" E 98.20' to an iron pipe found;

Thence departing the southeasterly line of the Now or Formerly Andrew J. Heymann property the
following courses and distances:
S 51' 04' 05" E 59.78' to a computed point;
S 53' 24' 21" E 65.93' to a computed point;
S 57' 17' 56" E 36.41' to a computed point;
S 54' 10' 01" E 58.76' to a computed point;
S 51' 38' 16" E 59.35' to a computed point;
S 51' 01' 34" E 58.77' to a computed point;
S 46' 34' 48" E 61.13' to a computed point;
S 50' 41' 55" E 60.17' to a computed point;
S 51' 20' 57" E 47.47' to a computed point;
S 33' 01' 29" E 46.11' to a computed point;
S 46' 50' 17" E 106.57' to a computed point;
S 56' 06' 47" E 134.40' to a computed point;
S 59' 51' 31" E 59.69' to a computed point;
S 54' 45' 32" E 76.72' to a computed point, said point being along the northerly rights -of -way of U.S.
Highway 64;
Thence with the northerly rights -of -way of U.S. Highway 64 S 56' 43' 32" W 86.16' to an iron pipe set,
said iron pipe being the easterly corner of the Now or Formerly Town of Knightdale property;
Thence departing the northerly rights -of -way of U.S. Highway 64 N 34° 03' 55" W 74.96' to an iron pipe
set;
Thence S 59' 27' 42" W 64.98' to an iron pipe found;
Thence S 34' 03' 14" E 75.01' to a concrete monument found, said concrete monument being along the
northerly rights -of -way of U.S. Highway 64;
Thence running with the northerly rights -of -way of U.S. Highway 64 with a curve to the right, whose arc
length is 113.31' and having a radius of 1235.85', with a chord bearing of S 61° 44' 38" W and distance of
113.27' to an iron pipe set;
Thence S 61° 47' 51" W 223.73' to a computed point;
Thence S 65° 54' 55" W 138.13' to a computed point;
Thence, with a curve to the right, whose arc length is 114.66' and having a radius of 1582.45', with a
chord bearing of S 70° 29' 29" W and distance of 114.63' to an iron pipe set;
Thence running with the northerly rights -of -way of U.S. Highway 64 a curve to the right, whose arc
length is 1237.71' and having a radius of 1587.02', with a chord bearing of N 85' 03' 41" W and distance
of 1206.58' to an iron pipe set;
Thence N 59° 16' 05" W 100.14' to an iron pipe found;
Thence N 58° 50' 54" W 205.44' to an iron pipe set;
Thence N 57° 29' 54" W 123.27' to an iron pipe found;
Thence departing the northerly rights -of -way of U.S. Highway 64 the following courses and distances:
N 32° 30' 06" E 247.93' to an iron pipe found;
N 02° 14' 35" W 18.58' to an iron pipe set;
Thence with a curve to the left, whose arc length is 56.23' and having a radius of 55.00', with a chord
bearing of N 58° 31' 34" E and distance of 53.81' to an iron pipe set;
Thence with a curve to the left, whose arc length is 49.81' and having a radius of 55.00', with a chord
bearing of N 03° 17' 40" E and distance of 48.12' to an iron pipe set;
Thence with a curve to the left, whose arc length is 81.34' and having a radius of 55.00', with a chord
bearing of N 65° 01' 00" W and distance of 74.13' to an iron pipe set;

Thence with a curve to the right, whose arc length is 20.30' and having a radius of 25.00', with a chord
bearing of N 84' 04' 18" W and distance of 19.75' to an iron pipe set;
Thence running with the northerly rights -of -way of Sunrise Valley Place N 60' 48' 34" W 95.19' to an iron
pipe set;
Thence N 60° 48' 34" W 215.64' to an iron pipe set;
Thence departing the northerly rights -of -way of Sunrise Valley Place, the following courses and
distances:
With a curve to the right, whose arc length is 39.80' and having a radius of 25.00', with a chord bearing
of N 15' 12' 07" W and distance of 35.73' to an iron pipe set;
N 30° 23' 58" E 352.43' to an iron pipe set;
N 30° 23' 58" E 232.18' to an iron pipe found;
N 45° 54' 21" E 143.27' to an iron pipe found;
N 82° 27' 20" E 53.21' to an iron pipe set;
N 82° 27' 20" E 103.55' to an iron pipe found;
N 82' 27' 20" E 143.37' to an iron pipe found;
S 26' 22' 15" E 190.00' to an iron pipe found;
S 38' 35' 27" W 164.64' to an iron pipe set;
S 15' 30' 24" E 122.28' to an iron pipe set;
Thence with a curve to the right, whose arc length is 78.33' and having a radius of 1145.45', with a chord
bearing of S 13' 41' 24" E and distance of 78.31' to and iron pipe set, said iron pipe being the POINT OF
BEGINNING and containing 1,888,626 square feet or 43.357 acres, more or less.
The property described hereon is subject to all easements, rights -of -way and restrictions of record.

Exhibit 1

Exhibit 2
The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on August 24, 2018. The following table sets forth, for
contaminants present at the Brownfields Property above unrestricted use standards or screening
levels, the concentration found at each sample location, and the applicable standard or screening
level. Screening levels and standards are shown for reference only and are not set forth as
cleanup levels for purposes of this Agreement.
GROUNDWATER
Groundwater contaminants in micrograms per liter (the equivalent of parts per billion),
the standards for which are contained in Title 15A of the North Carolina Administrative Code,
Subchapter 2L (2L), Rule .0202, (April 1, 2013 version):
Contaminant
Sample Location
Date of Sampling
Concentration
Exceeding Standard
(µg/L)
Standard
(µg/L)
Chromium
S&ME MW-9
9/21/2004
45.5
10
1, 1 -Dichloroethene
S&ME MW-1
6/23/1997
10
7
1,2-Dichloroethane
S&ME MW-1
6/23/1997
4
0.4
Tetrachloroethylene
S&ME MW-1
7/8/2003
1.2
0.7
Trichloroethene
S&ME MW-1
7/8/2003
240
3
S&ME MW-3
10/18/1999
80
S&ME MW-4
6/23/1997
6
S&ME MW-10
6/5/2001
22
S&ME MW-11
10/20/1999
4.8
S&ME MW-12
6/8/2001
64
CLP MW-2
4/28/2005
4.7
CLP MW-3
4/29/2005
64
CLP MW-5
4/29/2005
4.2
CLP MW-8
4/28/2005
72
CLP MW-12
4/29/2005
7
WSW-T
4/29/2005
5.3

\l/m 03:A 1010 511 [Il►`Ql Z�11�111i.�/11_Y_II 7
Groundwater contaminants with potential for vapor intrusion (VI) in micrograms per liter (the equivalent
of parts per billion), the vapor intrusion screening levels for which are derived from the Residential Vapor
Intrusion Screening Levels of the DENR's Division of Waste Management (February 2018 version):
Contaminant
Sample Location
Date of Sampling
Concentration
Exceeding
Standard (µg/L)
Residential
Screening
Level (µg/L)
Trichloroethene
S&ME MW-1
7/8/2003
240
1.0
S&ME MW-3
10/18/1999
80
S&ME MW-4
6/23/1997
6
S&ME MW-10
6/5/2001
22
S&ME MW-11
10/20/1999
4.8
S&ME MW-12
6/8/2001
64
CLP MW-2
4/28/2005
4.7
CLP MW-3
4/29/2005
64
CLP-MW-5
4/29/2005
4.2
CLP MW-8
4/28/2005
72
CLP MW-12
4/29/2005
7
WSW-T
4/29/2005
5.3

SOIL
Soil contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Residential Health- Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section
(December 2019 version):
Soil Contaminant
Sample
Location
Depth
(ft.)
Date of
Sampling
Concentration
Exceeding Screening
Level
(mg/Kg)
Residential
Screening
Level
(mg/Kg)
Arsenic
SS-1
0-1
10/ 15/2019
1.9
0.68
SS-2
0-1
1.4
SS-3
0-2.5
2.3
SS-4
2.5-5
1.2
SS-5
10-12.5
1
SS-6
7.5-10
1
Oil and Grease
SW-1
7
10/27/20043
310
2502
SW-2
7
380
SW-3
2
250
SW-5
2
270
SW-6
2
320
SW-7
2
400
SW-8
2
450
SW-11
6
390
SW-13
7
850
FL-1
15
290
FL-2
15
300
FL-4
15
250
FL-5
2
1,300
FL-6
2
3,300
FL-8
4
4,800
FL-9
4
270
FL-10
4
280
Total Petroleum
Hydrocarbons — Diesel
ange Organics
FL-5
2•0
10/27/20043
220
1002
FL-8
4
3,800
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
2UST Section Action Level
'Date of report. No sample collection date was provided in report.

SOIL GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
derived from Residential Vapor Intrusion Screening Levels of the Division of Waste
Management (February 2018 version):
Soil Gas
Contaminant
Sample
Location
Date of
Sampling
Concentration Exceeding
Screening Level
Gtg/m)
Residential
Screening Level
Gtg/m )
1,3-Butadiene
SG-4
10/15/2019
34
14
SG-5
31
SG-6
16
SG-7
24
SG-9/Dup
23/25
SG-10
40
SG-13
15
SG-14
18
'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.
SEDIMENT
Sediment contaminants in milligrams per kilogram (the equivalent of parts per million), the
screening levels for which are derived from the Preliminary Residential Health- Based Soil
Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's Superfund Section
(December 2019 version):
Sediment
Sample
Date of
Concentration Exceeding
Residential
Contaminant
Location
Sampling
Screening Level
Screening Level
(mg/kg)
(mg/kg)
SED-1
3.6
Arsenic
SED-2
10/7/2019
1.9
0.68
SED-3
0.95
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels
displayed for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.

Exhibit 3
Housing Guidelines
DEQ and Prospective Developer acknowledge and agree that any residential units constructed on the
Brownfields Property shall be subject to the following restrictions, which shall run with the land for a period
of five (5) years as referenced in items No. 1 and No. 2 below, and thereafter shall automatically terminate
as referenced in item No. 6 below without any further notice or action by the parties.
1. Not less than 12.5% of the residential units for a period of not less than five years of duration shall
have rental rates, or shall have sales prices which allow 30-year monthly mortgage payments, not
to exceed 30% of the income of households making 90% of the Area Median Income ("AMI") for
the Raleigh, North Carolina Metropolitan Statistical Area ("Raleigh, NC MSA"). AMI means the
middle number of all incomes in a given area. AMI for the Raleigh, NC MSA is determined
annually by the U.S. Department of Housing and Urban Development ("HUD").
2. In addition to the 12.5% reference in item No.1 above, not less than 12.5%, of the residential units
for a period of not less than five years of duration shall have rental rates, or shall have sales prices
which allow 30-year monthly mortgage payments, not to exceed 30% of the income of households
making 120% of the AMI for Raleigh, NC MSA.
3. Provided Prospective Developer satisfies the restrictions in item No. 1 and item No. 2 of this Exhibit
3, the remaining residential units constructed on the Brownfields Property shall not be subject to
such rental rate or sales price restrictions.
4. Prospective Developer's compliance with the rental rate and sales price restrictions described in
item No. 1 and item No. 2 of this Exhibit 3 shall be evidenced by including the listing rental rates
or listing sales prices for residential units constructed on the Brownfields Property with the rent
roll submitted in the LURU as required by this Agreement.
5. Prospective Developer in its sole discretion shall determine the location, mix and distribution of
residential units as shall be necessary to comply with the restrictions described in this Exhibit 3.
6. All obligations in this Exhibit 3 not previously expired shall expire five (5) years from the date (the
"CO Threshold Date") of Prospective Developer's receipt of the Certificates of Occupancy for the
first 200 residential units constructed. Prospective Developer shall deliver written notice to DEQ
in accordance with the Agreement to memorialize the CO Threshold Date.