HomeMy WebLinkAbout21047_High Point Multi Stadium_PCPkg_20201015NOTICE OF INTENT TO REDEVELOP A BR WNFIELDS PROPERTY
Brownfields Property Name: High Point Multi Stadium
Brownfields Project Number: 21047-17-041
North Carolina's Brownfields Property Reuse Act (the "Act"), North Carolina General Statutes ("NCGS")
§ 130A-310.30 through 130A-310.40, provides for the safe redevelopment of abandoned, idled, or underused
properties at which expansion or redevelopment is hindered by actual or potential environmental contamination.
One of the Act's requirements is the submittal of this Notice of Intent to Redevelop a Brownfields Property ("NI")
that has been approved by the North Carolina Department of Environmental Quality ("DEQ") for public notification
purposes as per NCGS § 130A-310.34(a). The NI shall provide, to the extent known, a legal description of the location
of the Brownfields Property, a map showing the location of the Brownfields Property, a description of the
contaminants involved and their concentrations in the media of the Brownfields Property, a description of the
intended future use of the Brownfields Property, any proposed investigation and remediation, and a proposed Notice
of Brownfields Property ("NBP") prepared in accordance with NCGS § 130A-310.35. The proposed NBP for a
particular brownfields project is attached hereto. The proposed NBP includes the proposed Brownfields Agreement,
which is attached as Exhibit A, and the other required elements of this NI. A Summary of this Notice of Intent
("SNI") shall include a statement as to the public availability of the full NI. The party ("Prospective Developer")
who desires to enter into a Brownfields Agreement with DEQ must provide a full copy of this NI to all local
governments having jurisdiction over the Brownfields Property.
The Act requires a public comment period of at least 30 days. The first day of public comment is defined as
the day after which all of the following public notice tasks have occurred: the date the required SNI is: (1) published
in a newspaper of general circulation serving the area in which the Brownfields Property is located; (2) conspicuously
posted at the Brownfields Property; and (3) mailed or delivered to each owner of property contiguous to the
Brownfields Property. Written public comments may be submitted to DEQ within 30 days after the public comment
period begins. Written requests for a public meeting may be submitted to DEQ within 21 days after the public
comment period begins. These periods will start no sooner than October 22, 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 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
High Point Multi Stadium/21047-17-041/150ct2020
I
SUMMARY OF NOTICE OF
INTENT TO REDEVELOP A BROWNFIELDS PROPERTY
Brownfields Property Name: High Point Multi Stadium
Brownfields Project Number: 21047-17-041
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, The City of High Point, as Prospective Developer, has filed with the North Carolina Department of
Environmental Quality ("DEQ") a Notice of Intent to Redevelop a Brownfields Property (`Brownfields Property")
located at 275, 285, 301 & 305 N. Elm Street; 209 & 235 Appling Way; and 218 N. Lindsay Street, High Point,
Guilford County. The Brownfields Property, which contains approximately 11.22 acres and consists of multiple
parcels, is the former site of residential uses and various commercial operations, including the High Point
Enterprise print shop, a dry cleaner, a gasoline station, and automobile repair shops, and for a small portion of the
site, the former Adams Millis textile mill. Environmental contamination exists at certain locations on the
Brownfields Property in groundwater, soil, sub -slab vapor, soil gas, and indoor air. The City of High Point has
committed itself to redevelop the Brownfields Property for no uses other than for a multi -purpose stadium facility,
recreational and entertainment venue, high density residential, hotel, hospitality, retail, restaurant, food and
beverage processing, brewery, office, open space including a public park, and associated parking uses, and with
prior written DEQ approval, other commercial uses. The Notice of Intent to Redevelop a Brownfields Property
includes: (1) a proposed Brownfields Agreement between DEQ and The City of High Point, which in turn includes
(a) a map showing the location of the Brownfields Property, (b) a description of the contaminants involved and
their concentrations in the media of the Brownfields 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 21047-17-041 into the search bar at the following web
address: https://edocs.deq.nc.gov/\VasteManagement/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 22, 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
High Point Multi Stadium/21047-17-041/150,0020
Property Owner: The City of High Point & 275 North Elm Partners, LLC (275 N. Elm St. only)
Recorded in Book , Page
Associated plat recorded in Plat Book , Page
NOTICE OF BROWNFIELDS PROPERTY
Brownfields Property Name: High Point Multi Stadium
Brownfields Project Number: 21047-17-041
This documentary component of a Notice of Brownfields Property ("Notice"), as well
as the plat component, have been filed this day of , 202_ by The
City of High Point ("Prospective Developer").
This Notice concerns contaminated property.
A copy of this Notice certified by the North Carolina Department of Environmental
Quality ("DEQ") is required to be filed in the Register of Deeds' Office in the county or
counties in which the land is located, pursuant to North Carolina General Statutes
("NCGS"), § 130A-310.35(b).
This Notice is required by NCGS § 130A-310.35(a), in order to reduce or eliminate
the danger to public health or the environment posed by environmental contamination at a
property (`Brownfields Property") being addressed under the Brownfields Property Reuse
Act of 1997, NCGS § 130A, Article 9, Part 5 ("Act").
Pursuant to NCGS § 130A-310.35(b), the Prospective Developer must file a certified
copy of this Notice within 15 days of Prospective Developer's receipt of DEQ's approval of
the Notice or Prospective Developer's entry into the Brownfields Agreement required by the
Act, whichever is later. The copy of the Notice certified by DEQ must be recorded in the
grantor index under the names of the owners of the land and, if Prospective Developer is not
the owner, also under the Prospective Developer's name.
The Brownfields Property is comprised of seven parcels (originally 25 parcels that were
recombined) totaling about 11.22 acres, with the following addresses: 275, 285, 301 & 305 N. Elm
Street; 209 & 235 Appling Way; and 218 N. Lindsay Street, High Point, Guilford County. The
previous uses of the Brownfields Property ranges from residential to commercial, including the
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High Point Enterprise print shop, a dry cleaner, a gasoline station, and automobile repair shops,
and for a small portion of the site, the former Adams Millis textile mill. Approximately seven
acres of the Brownfields Property have been redeveloped into the High Point Multi Stadium with
one parcel owned by 275 North Elm Partners, LLC, currently undergoing redevelopment as retail
and office space (275 North Elm Street). Redevelopment of other parcels of the Brownfields
Property may include residential or other commercial uses. As described in subparagraph 9.b. and
paragraph 15 of Exhibit A hereto, certain portions of the Brownfields Property were subject to
previous land use restrictions recorded in 2013 as part of a previous brownfields agreement (the
Adams Millis Brownfields Agreement, Brownfields Project No. 15013-11-041, the "Adams Millis
BFA"). The land use restrictions included below in this Notice supersede and replace the original
land use restrictions from the Adams Millis BFA previously recorded for those overlapping
portions of the Brownfields Property.
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 a multi -purpose
stadium facility, recreational and entertainment venue, high density residential, hotel, hospitality,
retail, restaurant, food and beverage processing, brewery, office, open space including a public
park, and associated parking uses, and with prior written DEQ approval, other commercial uses.
For purposes of this restriction, the following definitions apply:
i. "Recreation" is defined as indoor and outdoor exercise -related, physically
focused, or leisure -related activities, whether active or passive, and the facilities for same,
including, but not limited to, studios, swimming pools, sports -related courts and fields, open
space, greenways, parks, playgrounds, walking paths, and picnic and public gathering areas.
ii. "Entertainment" is defined as private, public, and community activities (such
as, for example, festivals, theater, musical events or shows), which may include food and
beverage service.
iii. "High Density Residential" is defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit (e.g., privately -owned
courtyards are prohibited), and may include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages.
iv. "Hotel" is defined as the provision of overnight lodging to paying customers,
and to associated food services, banquet and event facilities gym, reservation, cleaning, utilities,
parking and on -site hospitality, management and reception services.
v. "Hospitality" is defined as commercial activities, services and facilities
designed to promote and advance tourism, or for private and public use, including but not limited
to, event centers, conferences, event planning, transportation, and associated lodging.
vi. "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.
vii. "Restaurant" is defined as a commercial business establishment that prepares
and serves food and beverages to patrons, including food halls.
viii. Food and beverage processing" is defined as the methods used to transform
raw ingredients into food or beverages for consumption, including the manufacture, sale and
distribution of food and beverage products.
ix. "Brewery 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.
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x. "Office" is defined as the provision of business or professional services.
xi. "Open space" is defined as land maintained in a natural or landscaped state
and used for natural resource protection, buffers, greenways, or detention facilities for
stormwater.
xii. "Public Park" is defined as any land owned by the public and open for use by
the general public for active (including playgrounds) or passive recreational purposes or as a
refuge for wildlife.
xiii. "Parking" is defined as the temporary accommodation of motor vehicles in
an area designed for same.
xiv. "Commercial" is defined as an enterprise carried on for profit or nonprofit by
the owner, lessee or licensee, excluding the use of chlorinated solvents.
b. Physical redevelopment of the Brownfields Property may not occur other than in
accordance, 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 paragraph 8
above;
iii. contingency plans for addressing, including without limitation the testing of
soil and groundwater, newly discovered potential sources of environmental contamination (e.g.,
USTs, tanks, drums, septic drain fields, oil -water separators, soil contamination); and
iv. plans for the proper characterization of and, as necessary, disposal of
contaminated groundwater and contaminated soils excavated during redevelopment.
c. The Brownfields Property may not be used for childcare, adult care centers or schools
without the prior written approval of DEQ.
d. Groundwater at the Brownfields Property may not be used for any purpose without the
prior written approval of DEQ.
e. 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
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conducted in accordance with an approved EMP as outlined in subparagraph 15.b. above.
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 landscaping 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 EMP as
outlined in subparagraph 15.b. above.
g. Unless compliance with this land use restriction is waived in writing in advance by
DEQ in relation to particular buildings, demolition and/or renovation of any or all buildings on
the Brownfields Property depicted on the plat component of the Notice referenced in paragraph
20 below shall be in accordance with applicable legal requirements, including without limitation
those related to lead and asbestos abatement that are administered by the Health Hazards Control
Unit within the Division of Public Health of the North Carolina Department of Health and
Human Services.
h. No enclosed building may be constructed on the Brownfields Property and no existing
building, defined as those depicted on the plat component of the Notice of Brownfields Property
referenced in paragraph 20 below, may be occupied until DEQ determines in writing that:
i. the building is or would be protective of the building's users, public health and
the environment from risk of vapor intrusion 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 and performance of said measures, and
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to DEQ. Any design specification for vapor intrusion mitigation measures shall be approved in
writing by DEQ in advance of installation and/or implementation of said measures. The design
specifications shall include methodology(ies) for demonstrating performance of said measures.
i. Neither DEQ, nor any party conducting environmental assessment or remediation at the
Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or
entered into by DEQ, may be denied access to the Brownfields Property for purposes of
conducting such assessment or remediation, which is to be conducted using reasonable efforts to
minimize interference with authorized uses of the Brownfields Property.
j. Any deed or other instrument conveying an interest in the Brownfields Property shall
contain the following notice: "This property is subject to the Brownfields Agreement attached as
Exhibit A to the Notice of Brownfields Property recorded in the Guilford 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.
k. None of the contaminants known to be present in the environmental media at the
Brownfields Property, as described in paragraph 8 above 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.; or
iii. as constituents of products and materials customarily used and stored in the
following environments: multi -purpose stadium, recreational and entertainment venue, high
density residential, hotel, hospitality, retail, restaurant, food and beverage processing, brewery,
office, open space including a public park, and associated parking uses, and with prior written
DEQ 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.
1. Within 60 days after the effective date of this Agreement or prior to land disturbance
activities, Prospective Developer shall abandon all monitoring wells, injection wells, recovery
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wells, piezometers and other man-made points of groundwater access at 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.
m. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants shall be responsible for repair of any such wells to DEQ's written satisfaction and
within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance.
n. During January of each year after the year in which the Notice referenced below in
paragraph 20 is recorded, the owner of any part of the Brownfields Property as of January 1st of
that year shall submit a notarized Land Use Restrictions Update ("LURU") to DEQ, and to the
chief public health and environmental officials of Guilford County, certifying that, as of said
January 1 st, the Notice of Brownfields Property containing these land use restrictions remains
recorded at the Guilford 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 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 year;
iii. 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;
iv. whether any vapor barrier and/or mitigation systems installed pursuant to
subparagraph 15.h.iii. above are performing as designed, and whether the uses of the ground
floors of any buildings containing such vapor barrier and/or mitigation systems have changed,
and, if so, how; and
v. A LURU submitted for rental units shall include the rent roll and enough of
each lease entered into during the previous calendar year to demonstrate compliance with lessee
notification requirements in paragraphs 21 and 22 of this agreement provided that if standard
form leases are used in every instance, a copy of such standard form lease may be sent in lieu of
copies of actual leases.
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.
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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 1202.
In
NORTH CAROLINA
COUNTY
The City of High Point
Jay W. Wagner
Mayor
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
(Official Seal) Notary's printed or typed name, Notary Public
My commission expires:
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ACKNOWLEDGMENT OF PROPERTY OWNER
As the current owner, or representative of said owner, of at least part of the Brownfields
Property, I hereby acknowledge recordation of this Notice of Brownfields Property and the land
use restrictions contained herein.
an
275 North Elm Partners, LLC
Brian M. Rogers Date
NORTH CAROLINA
COUNTY
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Date:
(Official Seal)
Official Signature of Notary
Notary's printed or typed name, Notary Public
My commission expires:
APPROVAL AND CERTIFICATION OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
The foregoing Notice of Brownfields Property is hereby approved and certified.
North Carolina Department of Environmental Quality
Ellen Lorscheider Date
Deputy Director, Division of Waste Management
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EXHIBIT A
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
IN THE MATTER OF: The City of High Point
UNDER THE AUTHORITY OF THE
BROWNFIELDS PROPERTY REUSE ACT
OF 1997, NCGS § 130A-310.30, et sue.
Brownfields Project No. 21047-17-041
I. INTRODUCTION
BROWNFIELDS AGREEMENT re:
High Point Multi Stadium
275, 285, 301, & 305 N. Elm Street
209 & 235 Appling Way, &
218 N. Lindsay Street
High Point, Guilford County
This Brownfields Agreement ("Agreement") is entered into by the North Carolina
Department of Environmental Quality ("DEQ") and the City of High Point (collectively the
"Parties") pursuant to the Brownfields Property Reuse Act of 1997, NCGS § 130A-310.30, et
seq. (the "Act") for the property located at 275, 285, 301 & 305 N. Elm Street, 209 & 235
Appling Way, & 218 N. Lindsay Street (the `Brownfields Property"). Formerly, there were 25
separate parcels comprising the Brownfields Property. These 25 parcels have been combined into
seven new parcels to facilitate redevelopment activities with the addresses assigned as noted
above. Former and current parcel numbers and addresses are summarized in paragraph 3 below.
A map showing the location of the Brownfields Property that is the subject of this Agreement is
attached hereto as Exhibit 1.
The Prospective Developer is the City of High Point, a municipality with its principal
office located at 211 South Hamilton Street, Room 320, High Point, North Carolina, 27260. The
City of High Point is governed by a Council -Manager form of government with the City Council
being the Governing Body of the City. The City Council consists of the Mayor and eight
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council members. The City Manager is the Chief Executive Officer of the City. The Interim City
Manager of High Point is Randy McCaslin and the Mayor is Jay W. Wagner. The Prospective
Developer has committed to redevelop the Brownfields Property for no uses other than a multi-
purpose stadium facility, recreational and entertainment venue, high density residential, hotel,
hospitality, retail, restaurant, food and beverage processing, brewery, office, open space
including a public park, and associated parking uses, and with prior written DEQ 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 the City of High Point for contaminants at the Brownfields Property.
The Parties agree that the City of High Point's entry into this Agreement, and the actions
undertaken by the City of High Point in accordance with the Agreement, do not constitute an
admission of any liability by the City of High Point for contaminants at the Brownfields
Property. The resolution of this potential liability, in exchange for the benefit the City of High
Point 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
2
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Agreement, and which is depicted in Exhibit 1 to the Agreement.
2. "Prospective Developer" shall mean the City of High Point.
III. STATEMENT OF FACTS
3. The Brownfields Property originally comprised 31 parcels in downtown High Point
totaling 11.35 acres; however, the Prospective Developer requested the removal of six parcels
(Parcel ID Nos. 186822, 186823, 186821, 186833, 186819, and 186820) on September 12, 2019,
with 25 parcels remaining.
a. Since the submittal of the Brownfields Property Application, the 25 remaining
parcels have been combined and re -platted into seven parcels and associated "Redevelopment
Areas," as denoted on the Brownfields Property Survey Plat provided as Exhibit B to the Notice
of Brownfields Property, and as summarized in the table below:
Redevelopment
Area
Former Address
Former
Parcel
ID No.
Former
Acreage
New Parcel
Address
New
Parcel
ID No.
New
Acreage]
A
307 N. Elm St.
186810
0.12
305 N. Elm St.
186814
0.56
305 N. Elm St.
186814
0.47
B
N/A
N/A
N/A
285 N. Elm St.
229500
0.17
C
201 Church Ave.
186835
0.57
275 N. Elm St.
186835
0.59
216 Pine St. E 2
186838'
0.71
D
210 Church Ave.
186812
1.44
301 N. Elm St.
186812
6.98
211 Gatewood Ave.
186807
0.33
215 Gatewood Ave.
186805
0.21
213 Gatewood Ave.
186806
0.21
207 Gatewood Ave.
186808
0.32
201 Church Ave. N
186835
0.57
206 Church Ave. NE
186811
0.21
303 Gatewood Ave.
186799
0.56
300 Church Ave.
186800
0.84
308 Pine St.
186813
0.16
217 Gatewood Ave.
186815
0.41
305 Church Ave. NE
186828
0.31
21047-17-041/ High Point Multi Stadium/150&2020
Redevelopment
Area
Former Address
Former
Parcel
ID No.
Former
Acreage
New Parcel
Address
New
Parcel
ID No.
New
Acreagel
D
211 Pine St. E
186827
0.48
301 N. Elm St.
186812
6.98
215 Church Ave. N
186834
0.46
216 Pine St.
186838'
0.71
G
215 Church Ave. S
186834
0.46
235 Appling Way
186838
0.42
224 Pine St.
186838'
0.71
H
305 Church Ave. SW
186828
0.31
218 N. Lindsay St.
186830
1.42
211 Pine St. SW
186827
0.48
212 N. Lindsay St. W
186832
0.17
210 N. LindsaySt. W
186818
0.21
214 N. LindsaySt.
186817
0.17
216 N. Lindsay St.
186831
0.17
218 N. Lindsay St.
186830
0.26
307 Church Ave.
186829
0.25
1
212 N. Lindsay St. E
186832
0.17
209 Appling Way
186825
0.86
210 N. Lindsay St. E
186818
0.21
207 Pine St.
186825
0.27
209 Pine St.
186826
0.27
'New acreage for the new parcels obtained from the Guilford County GIS data viewer
(gis.guilfordcountync.gov) and total 11 acres; an additional 0.22 acres of the street named Appling Way is
also included in the Brownfields Property for a total of 11.22 acres.
2NE-Northeast, E-East, N-north, S-south, SW -southwest, W-west, and NW -northwest
'Portions of tax parcel 186838 were subject to a prior Brownfields Agreement referred to as the Adams
Millis Brownfields Agreement
b. Portions of Redevelopment Areas "C," "D," and "G" are subject to a prior
Brownfields Agreement (Brownfields Project No. 15013-11-041), which was recorded on June
24, 2013 (Guilford County Register of Deeds, Book 7499, Page 1206) (the "Adam Millis
Brownfields Agreement"). The Adam Millis Brownfields Agreement covers two parcels: the
parcel formerly identified as tax parcel 0186838 (portions of which are now in included in
Redevelopment Areas "C", "D" and "G") and the parcel identified as tax parcel 0186837. This
Agreement supersedes the Adams Millis Brownfields Agreement only as to those portions of
Redevelopment Areas "C", "D", and "G" that were previously identified as tax parcel 0186838
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21047-17-041/ High Point Multi Stadium/150&2020
and subject to the land use restrictions in the Adams Millis Brownfields Agreement, and replaces
those land use restrictions with those provided below in paragraph 15. It is the intent of DEQ
and the Prospective Developer that the execution and recordation of this Agreement between
DEQ and Prospective Developer shall not in any way impact any other person's existing liability
protection under the Act and the previously entered Adams Millis Brownfields Agreement.
Specifically, this Agreement shall not alter the existing liability protection of any applicable
person included in Section 130A-310.33 of the Act as provided by the respective agreement
attached as Exhibit A to the Adams -Millis Notice of Brownfields Property that was originally
recorded on June 24, 2013 at the Guilford County Registry of Deeds (Book 7499, Page 1206).
4. The Brownfields Property is bordered to the north by Gatewood Avenue and medical
offices beyond; to the east by North Elm Street with attorney offices, First Baptist Youth
Ministries, and additional commercial properties beyond; to the south by the former Adams -
Millis Textile plant with West English Road, Union Square, former Quality Dry Cleaners, and a
vacant lot beyond; and to the west by Lindsay Street with Isom's Auto Repair, Kingdom
Building Church International, Lindsay Square office park, and attorney offices beyond.
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
Phase I All Appropriate Inquiry (AAI)
Civil & Environmental
December 10, 2009
Environmental Site Assessment
Consultants, Inc.
Phase I Environmental Site Assessment
ECS Carolinas, LLP
February 12, 2016
High Point Enterprise, 210 Church Avenue
Phase II Environmental Site Assessment
ECS Carolinas, LLP
July 15, 2016
Report, High Point Enterprise
Sub -Slab Soil Gas and Radon Assessment
ECS Carolinas, LLP
November 1, 2016
Report, High Point Enterprise
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21047-17-041/ High Point Multi Stadium/150&2020
Title
Prepared by
Date of Report
Transaction Screen Process, 210 and 212
ECS Southeast, LLP
September 1, 2017
N. Lindsay St.
Phase I Environmental Site Assessment
Former Church Avenue Office Building
ECS Southeast, LLP
September 8, 2017
206 Church Avenue
Phase I Environmental Site Assessment
ECS Southeast, LLP
September 19, 2017
Club Cu, 300 and 305 Church Avenue
Phase I Environmental Site Assessment
Piedmont Electric Repair Company, 207,
209, and 211 Pine Street, 208 N. Lindsay
ECS Southeast, LLP
September 27, 2017
Street, and 500, 504, and 508 W. English
Street
Phase I Environmental Site Assessment,
United Way of High Point, 201 Church
ECS Southeast, LLP
September 29, 2017
Avenue and 216 Pine Street
Phase I Environmental Site Assessment,
ECS Southeast, LLP
November 28, 2017
303 Gatewood Avenue
Phase I Environmental Site Assessment,
ECS Southeast, LLP
November 28, 2017
215 Church Avenue
UST Closure Report, 215 Church Avenue
ECS Southeast, LLP
March 12, 2018
UST Closure Report, 206 Church Avenue
ECS Southeast, LLP
March 26, 2018
Hydraulic Lift/UST Closure Report, 300
ECS Southeast, LLP
March 27, 2018
Church Avenue
Soil and Groundwater Sampling Report,
ECS Southeast, LLP
September 28, 2018
High Point Multi Stadium
Indoor Air and Soil Gas Sampling Report,
High Point Multi Stadium — Ticket
ECS Southeast, LLP
June 11, 2019
Building
Indoor Air and Soil Gas Sampling Report,
ECS Southeast, LLP
June 11, 2019
High Point Multi Stadium
Environmental Services Report, High
Point Multi Stadium — Phase II
ECS Southeast, LLP
September 12, 2019
Development Parcels
Indoor Air and Sub -Slab Soil Gas,
Confirmation Sampling Report, High Point
ECS Southeast, LLP
September 19, 2019
Multi Stadium
6. For purposes of this Agreement, DEQ relies on the following representations by
Prospective Developer as to use and ownership of the Brownfields Property:
21047-17-041/ High Point Multi Stadium/ 150ct2020
a. The Brownfields Property historically was occupied by residential structures
(1906-present), medical offices, the High Point Enterprise print shop (from 1969 to about 2009),
a former dry cleaner (1902-1960s), a former gasoline station (1950-1965) portions of the Adams
Millis textile mill (1950-2005), storage, and automotive repair shops (1969-2013). Parcels were
developed as early as 1890 and have been redeveloped with a variety of commercial uses over
several decades.
b. The City of High Point purchased the parcels included in the Brownfields
Property from, among others, Gatewood Avenue, LLC (purchased from Jones Virginia Jane
Davenport and Davenport Family Trust in 2003); Cheek & Wilson; DJ Worldwide, LLC
(purchased from The Highpoint Enterprise in 2017 — formerly owned by the High Point Bank &
Trust Co in 1987); Bruce and Sonja Mackenzie (purchased from individuals in 2003); and
GLENACO, Inc. (purchased from individuals in 1982) between June 2017 and February 2018.
c. Approximately seven acres of the Brownfields Property have been redeveloped
into the High Point Multi Stadium. Due to the presence of chlorinated solvent contamination of
the groundwater (discussed further below), an active vapor intrusion mitigation system (VIMS)
was installed during the construction of the multi -use stadium and a passive VIMS was installed
during the construction of the ticket booth fronting Elm Street. Construction of the multi -stadium
was completed in April 2019 and opened on May 1, 2019 for its inaugural season.
d. On November 8, 2019, the City of High Point sold Redevelopment Area "C"
(Parcel 186835) to 275 North Elm Partners, LLC ("North Elm Partners"). Pursuant to a DEQ-
approved Environmental Management Plan (EMP) that is a requirement of this Agreement,
North Elm Partners began construction of approximately 18,000 square feet of retail space and
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21047-17-041/ High Point Multi Stadium/ 150ct2020
approximately 33,500 square feet of office space. DEQ determined that vapor mitigation
measures were not required for the buildings in Redevelopment Area "C" based on available data
collected through the Fall of 2019.
7. Pertinent environmental information regarding the Brownfields Property and
surrounding area includes the following:
a. Chlorinated solvent contamination, primarily trichloroethylene (TCE), has
been documented in groundwater below the northern parcels of the Brownfields Property, which
have been redeveloped as the High Point Multi Stadium. The contaminants likely originated
from the former High Point Enterprise printing facility (formerly 210 Church Avenue). Based on
the results of 2016 and 2017 groundwater assessments, TCE was identified in groundwater
below the proposed stadium site at concentrations exceeding North Carolina 2L groundwater
standards and the DWM's 2018 both Residential and Non -Residential Vapor Intrusion Screening
Levels (VISLs). Sub -slab soil gas samples were collected within the footprint of the proposed
multi -stadium development following the groundwater assessment. Analysis of soil gas data
indicated the presence of TCE in one sample (SSG-07) at a concentration exceeding both its
Residential and Non -Residential VISLs. An active vapor intrusion mitigation system (VIMS)
was installed throughout the stadium building, and a passive VIMS was installed in the ticket
booth near the former intersection of N. Elm Street and Church Avenue.
b. Environmental assessment was conducted on a northern adjacent parcel. The
assessment identified an open sump in a sub -grade portion of a building to the north that was
impacted by TCE. The open sump was addressed by the property owner. Indoor air testing
results did not identify unacceptable vapor intrusion conditions for non-residential uses.
21047-17-041/ High Point Multi Stadium/150&2020
c. Former Parcel 186811, formerly assigned address 206 Church Avenue, has
been developed since at least 1932 with a residential structure that was later converted into a
medical office. A 500-gallon heating oil underground storage tank (UST) was removed from the
site on February 22, 2018.
d. Former Parcel 186800, formerly assigned address 300 Church Avenue, was
developed with single-family residences from at least 1906 until 1969. In 1969, a commercial
structure utilized for automotive maintenance and repair was constructed on this parcel. Six
underground hydraulic lifts were installed and formerly operated at the site. The six hydraulic
lifts were removed from this parcel on February 28, 2018. In addition, one 1,000-gallon heating
oil UST was discovered at the site on March 6, 2018 during the demolition of the building.
Confirmation soil samples collected from the excavations of the six hydraulic lifts and the one
heating oil tank did not exhibit contaminant concentrations exceeding Residential and/or
Industrial Preliminary Soil Remediation Goals of the Inactive Hazardous Sites Branch of DEQ's
Superfund Section.
8. The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on August 16, 2019. The tables set forth in Exhibit 2 to this
Agreement present the contaminants present at the Brownfields Property at concentrations above
their applicable standards or screening levels for each media sampled.
9. For purposes of this Agreement DEQ relies on Prospective Developer's
representations that Prospective Developer's involvement with the Brownfields Property has
been limited to obtaining or commissioning the Environmental Reports, preparing and
submitting to DEQ a Brownfields Property Application (BPA) dated September 19, 2017, and
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21047-17-041/ High Point Multi Stadium/150&2020
the following:
a. Between June 13, 2017 and February 27, 2018, Prospective Developer
purchased the parcels comprising the Brownfields Property.
b. Following submission of the BPA, Prospective Developer demolished various
structures and buildings and closed certain public streets on the Brownfields Property to facilitate
construction of the High Point Multi Stadium. Demolition and construction activities were
conducted in accordance with a DEQ-approved Environmental Management Plan that is a
requirement of this Agreement.
c. On May 1, 2019, the High Point Rockers minor league baseball team hosted
their grand opening for their inaugural season.
d. On November 8, 2019, Prospective Developer sold Redevelopment Area C,
recombined Parcel No. 186835, to 275 North Elm Partners, LLC for redevelopment for
nonresidential purposes.
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
10
21047-17-041/ High Point Multi Stadium/ 150ct2020
the environment;
c. Prospective Developer's reuse of the Brownfields Property will produce a
public benefit commensurate with the liability protection provided Prospective Developer
hereunder;
d. Prospective Developer has or can obtain the financial, managerial and
technical means to fully implement this Agreement and assure the safe use of the Brownfields
Property; and
e. Prospective Developer has complied with all applicable procedural
requirements.
11. The Parties agree that a $30,000 "Redevelopment Now" fee Prospective Developer
has paid suffices as the $2,000 fee to seek a Brownfields agreement required by NCGS § 130A-
310.39(a)(1), and, within the meaning of NCGS § 130A-310.39(a)(2), the full cost to DEQ and
the North Carolina Department of Justice of all activities related to this Agreement, unless a
change is sought to a Brownfields document after it is in effect, in which case there shall be an
additional fee of at least $1,000.
IV. BENEFIT TO COMMUNITY
12. The redevelopment of the Brownfields Property proposed herein would provide the
following public benefits:
a. an increase in the Brownfields Property's productivity;
b. a spur to additional community investment and redevelopment, through
improved neighborhood appearance and otherwise;
c. the creation of approximately 1,500 construction jobs and 480 permanent jobs;
11
21047-17-041/ High Point Multi Stadium/150&2020
d. an increase in tax revenue for affected jurisdictions;
e. additional multi -purpose stadium, recreational and entertainment venue, high
density residential, hotel, hospitality, retail, restaurant, food and beverage processing, brewery,
office, open space including a public park, and associated parking uses, and with prior written
DEQ approval, other commercial uses; and
f. "smart growth" through use of land in an already developed area, which avoids
development of land beyond the urban fringe ("greenfields").
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
the vapor intrusion mitigation required by subparagraph 15.h., below, and 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
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21047-17-041/ High Point Multi Stadium/150&2020
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. As referenced in paragraph 3 above, portions of Redevelopment Areas "C", "D",
and "G" are subject to previous land use restrictions recorded in 2013 as part of a previous
brownfield agreement (the Adams Millis Brownfields Agreement, Brownfields Project No.
15013-11-041). The land use restrictions placed herein supersede and replace the original land
use restrictions recorded for those portions of Redevelopment Areas "C", "D", and "G" with
those set forth in this paragraph. 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 a multi-
purpose stadium facility, recreational and entertainment venue, high density residential, hotel,
hospitality, retail, restaurant, food and beverage processing, brewery, office, open space
including a public park, and associated parking uses, and with prior written DEQ approval, other
commercial uses. For purposes of this restriction, the following definitions apply:
i. "Recreation" is defined as indoor and outdoor exercise -related,
physically focused, or leisure -related activities, whether active or passive, and the facilities for
same, including, but not limited to, studios, swimming pools, sports -related courts and fields,
open space, greenways, parks, playgrounds, walking paths, and picnic and public gathering
areas.
ii. `Entertainment" is defined as private, public, and community activities
(such as, for example, festivals, theater, musical events or shows), which may include food and
beverage service.
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21047-17-041/ High Point Multi Stadium/150&2020
iii. "High Density Residential" is defined as permanent dwellings where
residential units are attached to each other with common walls, such as condominia, apartments,
group homes, dormitories or boarding houses, and any property outside the dwelling structures is
usable by all residents and not privately owned as part of a particular unit (e.g., privately -owned
courtyards are prohibited), and may include related amenities, such as pools, clubhouses,
courtyards, common areas, recreation areas and parking garages.
iv. "Hotel" is defined as the provision of overnight lodging to paying
customers, and to associated food services, banquet and event facilities gym, reservation,
cleaning, utilities, parking and on -site hospitality, management and reception services.
v. "Hospitality" is defined as commercial activities, services and facilities
designed to promote and advance tourism, or for private and public use, including but not limited
to, event centers, conferences, event planning, transportation, and associated lodging.
vi. "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.
vii. "Restaurant" is defined as a commercial business establishment that
prepares and serves food and beverages to patrons, including food halls.
viii. Food and beverage processing" is defined as the methods used to
transform raw ingredients into food or beverages for consumption, including the manufacture,
sale and distribution of food and beverage products.
ix. "Brewery facility" is defined as an establishment for the manufacture,
sale and distribution of beverages or food products, including without limitation beer and ale,
14
21047-17-041/ High Point Multi Stadium/15O&2020
together with associated public roadways and related infrastructure.
x. "Office" is defined as the provision of business or professional services.
xi. "Open space" is defined as land maintained in a natural or landscaped
state and used for natural resource protection, buffers, greenways, or detention facilities for
stormwater.
xii. "Public Park" is defined as any land owned by the public and open for
use by the general public for active (including playgrounds) or passive recreational purposes or
as a refuge for wildlife.
xiii. "Parking" is defined as the temporary accommodation of motor
vehicles in an area designed for same.
xiv. "Commercial" is defined as an enterprise carried on for profit or
nonprofit by the owner, lessee or licensee, excluding the use of chlorinated solvents.
b. Physical redevelopment of the Brownfields Property may not occur other than
in accordance, 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
15
21047-17-041/ High Point Multi Stadium/ 150ct2020
resulting from contamination identified in the Environmental Reports;
paragraph 8 above;
ii. issues related to potential sources of contamination referenced in
iii. contingency plans for addressing, including without limitation the
testing of soil and groundwater, newly discovered potential sources of environmental
contamination (e.g., USTs, tanks, drums, septic drain fields, oil -water separators, soil
contamination); and
iv. plans for the proper characterization of and, as necessary, disposal of
contaminated groundwater and contaminated soils excavated during redevelopment.
c. The Brownfields Property may not be used for childcare, adult care centers or
schools without the prior written approval of DEQ.
d. Groundwater at the Brownfields Property may not be used for any purpose
without the prior written approval of DEQ.
e. Soil may not be removed from, or brought onto, the Brownfields Property
without prior sampling and analysis to DEQ's satisfaction and the written approval of DEQ,
unless conducted in accordance with an approved EMP as outlined in subparagraph 15.b. above.
£ 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 landscaping to depths not exceeding 24 inches;
16
21047-17-041/ High Point Multi Stadium/15O&2020
ii. mowing and pruning of above -ground vegetation;
iii. for repair of underground infrastructure, provided that DEQ shall be
given written notice at least seven days in advance of a scheduled repair (if only by email) of any
such repair, or in emergency circumstances no later than the next business day, and that any
related assessment and remedial measures required by DEQ shall be taken; and
iv. in connection to work conducted in accordance with a DEQ-approved
EMP as outlined in subparagraph 15.b. above.
g. Unless compliance with this land use restriction is waived in writing in
advance by DEQ in relation to particular buildings, demolition and/or renovation of any or all
buildings on the Brownfields Property depicted on the plat component of the Notice referenced
in paragraph 20 below shall be in accordance with applicable legal requirements, including
without limitation those related to lead and asbestos abatement that are administered by the
Health Hazards Control Unit within the Division of Public Health of the North Carolina
Department of Health and Human Services.
h. No enclosed building may be constructed on the Brownfields Property and no
existing building, defined as those depicted on the plat component of the Notice of Brownfields
Property referenced in paragraph 20 below, may be occupied until DEQ determines in writing
that:
i. the building is or would be protective of the building's users, public
health and the environment from risk of vapor intrusion 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
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21047-17-041/ High Point Multi Stadium/150&2020
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 and performance of said measures,
and to DEQ. Any design specification for vapor intrusion mitigation measures shall be approved
in writing by DEQ in advance of installation and/or implementation of said measures. The
design specifications shall include methodology(ies) for demonstrating performance of said
measures.
i. Neither DEQ, nor any party conducting environmental assessment or
remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or
agreement issued or entered into by DEQ, may be denied access to the Brownfields Property for
purposes of conducting such assessment or remediation, which is to be conducted using
reasonable efforts to minimize interference with authorized uses of the Brownfields Property.
j. Any deed or other instrument conveying an interest in the Brownfields Property
shall contain the following notice: "This property is subject to the Brownfields Agreement
attached as Exhibit A to the Notice of Brownfields Property recorded in the Guilford County
land records, Book , Page .95A 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
21047-17-041/ High Point Multi Stadium/15O&2020
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.
k. None of the contaminants known to be present in the environmental media at
the Brownfields Property, as described in paragraph 8 above 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.; or
iii. as constituents of products and materials customarily used and stored
in the following environments: multi -purpose stadium, recreational and entertainment venue,
high density residential, hotel, hospitality, retail, restaurant, food and beverage processing,
brewery, office, open space including a public park, and associated parking uses, and with prior
written DEQ 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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21047-17-041/ High Point Multi Stadium/15O&2020
1. Within 60 days after the effective date of this Agreement or prior to land
disturbance activities, Prospective Developer shall abandon all monitoring wells, injection wells,
recovery wells, piezometers and other man-made points of groundwater access at 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.
in. The owner of any portion of the Brownfields Property where any existing, or
subsequently installed, DEQ-approved monitoring well is damaged by the owner, its contractors,
or its tenants shall be responsible for repair of any such wells to DEQ's written satisfaction and
within a time period acceptable to DEQ, unless compliance with this Land Use Restriction is
waived in writing by DEQ in advance.
n. During January of each year after the year in which the Notice referenced
below in paragraph 20 is recorded, the owner of any part of the Brownfields Property as of
January 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 Guilford County, certifying
that, as of said January 1 st, the Notice of Brownfields Property containing these land use
restrictions remains recorded at the Guilford 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 acquired any part of the Brownfields Property during the previous calendar
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21047-17-041/ High Point Multi Stadium/150&2020
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 year;
iii. 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;
iv. whether any vapor barrier and/or mitigation systems installed pursuant
to subparagraph 15.h.iii. above are performing as designed, and whether the uses of the ground
floors of any buildings containing such vapor barrier and/or mitigation systems have changed,
and, if so, how; and
v. A LURU submitted for rental units shall include the rent roll and
enough of each lease entered into during the previous calendar year to demonstrate compliance
with lessee notification requirements in paragraphs 21 and 22 of this agreement provided that if
standard form leases are used in every instance, a copy of such standard form lease may be sent
in lieu of copies of actual leases.
16. The desired result of the above -referenced remediation and land use restrictions are
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
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21047-17-041/ High Point Multi Stadium/15O&2020
Guidelines of the Inactive Hazardous Sites Branch of DEQ's Superfund Section and the Division
of Waste Management Vapor Intrusion Guidance, as embodied in their most current version.
18. The consequence of achieving the desired results will be that the Brownfields
Property will be suitable for the uses specified in the Agreement while fully protecting public
health and the environment. The consequence of not achieving the desired results will be that
modifications to land use restrictions and/or remediation in some form may be necessary to fully
protect public health and/or the environment.
VI. ACCESS/NOTICE TO SUCCESSORS IN INTEREST
19. In addition to providing access to the Brownfields Property pursuant to subparagraph
15.i. above, Prospective Developer shall provide DEQ, its authorized officers, employees,
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.
22
21047-17-041/ High Point Multi Stadium/150&2020
20. DEQ has approved, pursuant to NCGS § 130A-310.35, a Notice of Brownfields
Property for the Brownfields Property containing, inter alia, the land use restrictions set forth in
Section V (Work to Be Performed) of this Agreement and a survey plat of the Brownfields
Property. Pursuant to NCGS § 130A-310.35(b), within 15 days of the effective date of this
Agreement, Prospective Developer shall file the Notice of Brownfields Property in the Guilford
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 Guilford County land records, Book , Page ." A copy of any such
instrument shall be sent to the persons listed in Section XV (Notices and Submissions), though
financial figures and other confidential information related to the conveyance may be redacted to
the extent said redactions comply with the confidentiality and trade secret provisions of the
North Carolina Public Records Law. Prospective Developer may use the following mechanisms
to comply with the obligations of this paragraph: (i) If every lease and rider is identical in form,
Prospective Developer may provide DEQ with copies of a form lease or rider evidencing
compliance with this paragraph, in lieu of sending copies of actual, executed leases, to the
23
21047-17-041/ High Point Multi Stadium/ 150ct2020
persons listed in Section XV (Notices and Submissions); or (ii) Prospective Developer may
provide abstracts of leases, rather than full copies of said leases, to the persons listed in Section
XV.
22. The Prospective Developer shall ensure that a copy of this Agreement is provided to
any current lessee or sublessee on the Brownfields Property within seven days of the effective
date of this Agreement.
VII. DUE CARE/COOPERATION
23. The Prospective Developer shall exercise due care at the Brownfields Property with
respect to the manner in which regulated substances are handled at the Brownfields Property and
shall comply with all applicable local, State, and federal laws and regulations. The Prospective
Developer agrees to cooperate fully with any assessment or remediation of the Brownfields
Property by DEQ and further agrees not to interfere with any such assessment or remediation. In
the event the Prospective Developer becomes aware of any action or occurrence which causes or
threatens a release of contaminants at or from the Brownfields Property, the Prospective
Developer shall immediately take all appropriate action to prevent, abate, or minimize such
release or threat of release, shall comply with any applicable notification requirements under
NCGS § 130A-310.1 and 143-215.85, Section 103 of CERCLA, 42 USC § 9603, and/or any
other law, and shall immediately notify the DEQ Official referenced in subparagraph 35.a. below
of any such required notification.
VIIL CERTIFICATION
24. By entering into this Agreement, the Prospective Developer certifies that, without
DEQ approval, it will make no use of the Brownfields Property other than those specified in this
24
21047-17-041/ High Point Multi Stadium/ 150ct2020
Agreement. That use is for a multi -purpose stadium facility, recreational and entertainment
venue, high density residential, hotel, hospitality, retail, restaurant, food and beverage
processing, brewery, office, open space including a public park, and associated parking uses, and
with prior written DEQ approval, other commercial uses. Prospective Developer also certifies
that to the best of its knowledge and belief it has fully and accurately disclosed to DEQ all
information known to Prospective Developer and all information in the possession or control of
its officers, directors, employees, contractors and agents which relates in any way to any past use
of regulated substances or known contaminants at the Brownfields Property and to its
qualification for this Agreement, including the requirement that it not have caused or contributed
to the contamination at the Brownfields Property.
IX. 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
25
21047-17-041/ High Point Multi Stadium/150&2020
Property, in which case the Prospective Developer shall be responsible for remediation of the
Brownfields Property to unrestricted use standards.
d. The Prospective Developer knowingly or recklessly provided false information
that formed a basis for this Agreement or knowingly or recklessly offers false information to
demonstrate compliance with this Agreement or fails to disclose relevant information about
contamination at the Brownfields Property.
e. New information indicates the existence of previously unreported
contaminants or an area of previously unreported contamination on or associated with the
Brownfields Property that has not been remediated to unrestricted use standards, unless this
Agreement is amended to include any previously unreported contaminants and any additional
areas of contamination. If this Agreement sets maximum concentrations for contaminants, and
new information indicates the existence of previously unreported areas of these contaminants,
further remediation shall be required only if the areas of previously unreported contaminants
raise the risk of the contamination to public health or the environment to a level less protective of
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.
26
21047-17-041/ High Point Multi Stadium/15O&2020
g. DEQ obtains new information about a contaminant associated with the
Brownfields Property or exposures at or around the Brownfields Property that raises the risk to
public health or the environment associated with the Brownfields Property beyond an acceptable
range and in a manner or to a degree not anticipated in this Agreement.
h. The Prospective Developer fails to file a timely and proper Notice of
Brownfields Property under NCGS § 130A-310.35.
26. Except as may be provided herein, DEQ reserves its rights against Prospective
Developer as to liabilities beyond the scope of the Act.
27. This Agreement does not waive any applicable requirement to obtain a permit,
license or certification, or to comply with any and all other applicable law, including the North
Carolina Environmental Policy Act, NCGS § 113A-1, et seq.
28. Consistent with NCGS § 130A-310.33, the liability protections provided herein, and
any statutory limitations in paragraphs 25 through 27 above, apply to all of the persons listed in
NCGS § 130A-310.33, including future owners of the Brownfields Property, to the same extent
as Prospective Developer, so long as these persons are not otherwise potentially responsible
parties or parents, subsidiaries, or affiliates of potentially responsible parties.
X. PROSPECTIVE DEVELOPER'S COVENANT NOT TO SUE
29. In consideration of DEQ's Covenant Not To Sue in Section IX of this Agreement
and in recognition of the absolute State immunity provided in NCGS § 130A-310.37(b), the
Prospective Developer hereby covenants not to sue and not to assert any claims or causes of
action against DEQ, its authorized officers, employees, or representatives with respect to any
action implementing the Act, including negotiating, entering, monitoring or enforcing this
27
21047-17-041/ High Point Multi Stadium/150&2020
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 Parry'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
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
21047-17-041/ High Point Multi Stadium/150&2020
subsidiaries relating to storage, generation, use, disposal and management of regulated
substances at the Brownfields Property, including without limitation all Safety Data Sheets, for
six (6) years following the effective date of this Agreement, unless otherwise agreed to in writing
by the Parties. Said records may be retained electronically such that they can be retrieved and
submitted to DEQ upon request. At the end of six (6) years, the Prospective Developer shall
notify DEQ of the location of such documents and shall provide DEQ with an opportunity to
copy any documents at the expense of DEQ. By entering into this Agreement, Prospective
Developer waives no rights of confidentiality or privilege provided by the North Carolina Public
Records Act or otherwise and, at the time DEQ requests to copy or inspect said documents,
Prospective Developer shall provide DEQ with a log of documents withheld from DEQ,
including a specific description of the document(s) and the alleged legal basis upon which they
are being withheld. To the extent DEQ retains any copies of such documents, Prospective
Developer retains all rights it then may have to seek protection from disclosure of such
documents as confidential business information.
XIV. PAYMENT OF ENFORCEMENT COSTS
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
29
21047-17-041/ High Point Multi Stadium/150&2020
sent by prepaid first-class U.S. mail, as follows:
a. for DEQ:
Brownfields Property Management Unit (or successor in function)
N.C. Division of Waste Management
Brownfields Program
Mail Service Center 1646
Raleigh, NC 27699-1646
b. for Prospective Developer:
Mayor Jay W. Wagner (or successor in function)
City of High Point
211 South Hamilton Street
Room 320
High Point, NC 27260
Notices and submissions sent by prepaid first-class U.S. mail shall be effective on the third day
following postmarking. Notices and submissions sent by hand or by other means affording
written evidence of date of receipt shall be effective on such date.
XVI. EFFECTIVE DATE
36. This Agreement shall become effective on the date the Prospective Developer signs
it, after receiving the signed, conditionally approved Agreement from DEQ. DEQ's approval of
this Agreement is conditioned upon the complete and timely execution and filing of this
Agreement in the manner set forth herein. Prospective Developer shall expeditiously sign the
Agreement in order to affect 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.
30
21047-17-041/ High Point Multi Stadium/150&2020
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
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
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21047-17-041/ High Point Multi Stadium/150&2020
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:
CITY OF HIGH POINT
By:
Mayor Jay W. Wagner:
Mayor
Date
32
21047-17-041/ High Point Multi Stadium/ 150ct2020
EXHIBIT 1
i
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es"s ►
AYE L ,-�.: '�-•�� : � �' IP 1
dl
■' x J " . - o>.j _ " 1 r��' — APPROXIMATE SITE BOUNDARY
SOURCE: FIGURE 1
SITE LOCATION MAP
USGS TOPOGRAPHIC MAP s HIGH POINT POINT WEST AND HIGH POINT EAST, HIGH POINT MULTI STADIUM
NORTH CAROLINA QUADRANGLES, DATED ��� GATEWOOD AVENUE, CHURCH AVENUE,
1969 AND REVISED 1987 �, \ AND PINE STREET
HIGH POINT, GUILFORD COUNTY, NC
= 2,000' ECS PROJECT NO. 49-5318-A
TM
Exhibit 2
Brownfields Property Name: High Point Multi Stadium
Brownfields Project Number: 21047-17-041
The most recent environmental sampling at the Brownfields Property reported in the
Environmental Reports occurred on August 16, 2019. The following tables set forth, for
contaminants present at the Brownfields Property above applicable 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 the 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, Rule .0202(2L), (April 1, 2013 version), or the 2L Groundwater Interim
Maximum Allowable Concentrations (IMACS), (April 1, 2013 version):
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Standard /L
Standard
(µg/L)
Arsenic
TW-1
11/28/2017
61
10
TW-3
11/28/2017
50
TW-5
11/28/2017
41
TW-6
11/28/2017
46
TW-8
11/28/2017
20
TW-9
11/28/2017
19
TW-11
11/28/2017
21
TW-12
11/28/2017
64
Barium
MW-4
5/11/2016
1,700
700
TW-1
11/28/2017
7,600
TW-3
11/28/2017
2,400
TW-4
11/28/2017
710
TW-5
11/28/2017
4,800
TW-6
11/28/2017
13,000
TW-8
11/28/2017
7,300
TW-9
11/28/2017
1,600
TW-11
11/28/2017
4,200
TW-12
11/28/2017
4,700
TW-15
11/28/2017
1,100
n-But lbenzene
TW-12
11/28/2017
130 RL
70
sec-Bu lbenzene
TW-12
11/28/2017
81 RL
70
High Point Multi Stadium/21047-17-041/150c0020
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Standard /L
Standard
(µg/L)
Chromium
GW-1
8/15/2019
25.7
10
GW-2
8/15/2019
32.9
MW-2
5/11/2016
95
MW-3
5/11/2016
260
MW-4
5/11/2016
160
MW-5
5/11/2016
62
MW-5D
5/11/2016
10
TW-1
11/28/2017
850
TW-3
11/28/2017
1,500
TW-4
11/28/2017
280
TW-5
11/28/2017
1,600
TW-6
11/28/2017
680
TW-7
11/28/2017
220
TW-8
11/28/2017
480
TW-9
11/28/2017
3,800
TW-10
11/28/2017
52
TW-11
11/28/2017
1,300
TW-12
11/28/2017
1,700
TW-13
11/28/2017
42
TW-14
11/28/2017
140
TW-15
11/28/2017
240
Cumene
TW-12
11/28/2017
270 RL
70
1,2-Dichloroethane
TW-11
11/28/2017
0.83
0.4
Cis-1,2-
Dichloroethylene
MW-3
5/11/2016
82
70
TW-6
11/28/2017
330
4-Iso ro ltoluene
TW-12
11/28/2017
110 RL
25
Lead
MW-4
5/11/2016
15
15
TW-1
11/28/2017
160
TW-3
11/28/2017
56
TW-5
11/28/2017
660
TW-6
11/28/2017
200
TW-8
11/28/2017
82
TW-9
11/28/2017
55
TW-11
11/28/2017
150
TW-12
11/28/2017
480
Mercury
TW-1
11/28/2017
1.3
1
1-Meth lna hthalene
TW-12
11/28/2017
35
1
2-Meth lna hthalene
TW-12
11/28/2017
74
30
Naphthalene
TW-12
11/28/2017
580 RL
6
n-Pro lbenzene
TW-12
11/28/2017
410 RL
70
High Point Multi Stadium/21047-17-041/15Oc0020
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Standard /L
Standard
(µg/L)
Tetrachloroethylene
MW-3
5/11/2016
1.6
0.7
TW-11
11/28/2017
4.3
TW-12
11/28/2017
0.82
Trichloroethylene
MW-2
5/11/2016
9.9
3
MW-3
5/11/2016
840
TW-5
11/28/2017
19
TW-6
11/28/2017
1,400
TW-7
11/28/2017
33
TW-11
11/28/2017
8.3
TW-16
12/5/2017
280
Vinyl Chloride
MW-3
5/11/2016
3.1
0.03
TW-6
11/28/2017
13
TW-7
11/28/2017
1.4
RL = Increased reporting limit because of the sample matrix
High Point Multi Stadium/21047-17-041/15Oc0020
GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with the potential for vapor intrusion (VI) in micrograms per
liter (the equivalent of parts per billion), the vapor intrusion screening levels for which are
contained in the Division of Waste Management (DWM) Vapor Intrusion Guidance, Residential
Vapor Intrusion Screening Levels (VISL), February 2018 version:
Groundwater
Contaminant with
Potential for Vapor
Intrusion
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/L)
Residential VI
Screening
Level'
(pg/L
n-But lbenzene
TW-12
11/28/2017
130 RL
NS
sec-Bu lbenzene
TW-12
11/28/2017
81 RL
NS
tert-Bu lbenzene
TW-12
11/28/2017
11 RL
NS
cis-1,2-
Dichloroethylene
MW-3
5/11/2016
82
NS
TW-6
11/28/2017
330
TW-7
11/28/2017
12
TW-13
11/28/2017
0.7
trans-1,2-
Dichloroethylene
MW-3
5/11/2016
7.2
NS
TW-6
11/28/2017
15
TW-7
11/28/2017
0.87
Eth lbenzene
TW-12
11/28/2017
280
35
Iso ro lbenzene
TW-12
11/28/2017
270 RL
180
4-Iso ro ltoluene
TW-12
11/28/2017
110 RL
NS
Mercury
TW-1
11/28/2017
1.3
0.18
1-Meth lna hthalene
TW-12
11/28/2017
35
NS
2-Meth lna hthalene
TW-12
11/28/2017
74
NS
Naphthalene
TW-12
11/28/2017
580 RL
35
Trichloroethylene
MW-2
5/11/2016
9.9
1
MW-3
5/11/2016
840
TW-5
11/28/2017
19
TW-6
11/28/2017
1,400
TW-7
11/28/2017
33
TW-11
11/28/2017
8.3
TW-12
11/28/2017
2.4
TW-13
11/28/2017
1.1
TW-16
12/5/2017
280
1,2,4-
Trimeth lbenzene
TW-12
11/28/2017
67
50
Vinyl Chloride
MW-3
5/11/2016
3.1
1.5
TW-6
11/28/2017
13
1 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.
2 NS — No screening level established.
RL — Increased RL because of the sample matrix
Bold — Concentration also exceeds Non -Residential Screening Level
4
High Point Multi Stadium/21047-17-041/150ct2020
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
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
(m /k
Residential
Screening
Level
(mg/kg)
Arsenic
GP-V
3
11/22/2017
1.30
0.68
GP-2
3
11/22/2017
1.50
GP-3
5
11/22/2017
4.60
GP-4
5
11/22/2017
9.10
GP-5
6
11/22/2017
1.40
GP-6
4
11/22/2017
2.90
GP-7
4
11/22/2017
3.00
GP-8
3
11/22/2017
1.50
GP-10
3
11/22/2017
1.30
GP-11
4
11/22/2017
1.70
GP-12
3
11/22/2017
0.77
GP-13
5
11/22/2017
1.60
GP-14
5
11/22/2017
1.50
GP-15
5
11/22/2017
2.70
GP-8
2019 a
0-2
8/14/2019
5.4
SW-2
3-4
2/22/2018
3.7
SW-3
3-4
2/22/2018
3.2
SW-4
3-4
2/22/2018
1.3
Base
4-5
2/22/2018
1.5
Benzo(a)pyrene
GP-4
10
5/5/2016
0.29J
0.11
GP-5
10
5/5/2016
0.191
GP-6
10
5/5/2016
0.15J
Benzo(g,h,i)perylene
GP-4
10
5/5/2016
0.181
NS
GP-5
10
5/5/2016
0.15J
GP-6
10
5/5/2016
0.11J
4-Iso ro ltoluene
GP-12
3
11/22/2017
0.9
NS
Naphthalene
GP-12
3
11/22/2017
6.3
4.1
SW-1
4-5
1/31/2018
4.32
B-1 (Base)
5-6
1/31/2018
7.64
Phenanthrene
GP-4
10
5/5/2016
0.49
NS
GP-5
10
5/5/2016
0.32J
5
High Point Multi Stadium/21047-17-041/150ct2020
Concentration
Soil
Sample
Depth
Date of
Exceeding
Residential
Contaminant
Location
(ft)
Sampling
Screening
Screening
Level
Level
m /k
(mg/kg)
GP-6
10
5/5/2016
0.95
Phenanthrene
NS
GP-7
10
5/5/2016
0.20J
'There are three distinct soil sample datasets identified as a GP -series, one in 2016, one in 2017, and one in
2019. Similarly, there are more than one soil sample datasets identified as a SW -series in 2018 based on the
removal of different USTs across the Brownfields Property.
ZSoil samples GP-1, GP-2, GP-9, GP-12, and Dup-3 collected in 2019 were reported as non -detects for arsenic;
however, reporting limits were elevated above the industrial PSRG of 3.0 mg/kg.
NS — No screening level established
6
High Point Multi Stadium/21047-17-041/15Oct2020
SOTL GASs
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
contained in the DWM Vapor Intrusion Guidance, Residential Vapor Intrusion Screening Levels
(VISL), February 2018 version:
Soil Gas Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level /m3
Residential
Screening
Level'
/m3
Benzene
SG-3
8/16/2019
490
120
Dichlorotetrafluoroethane
SG-5
8/16/2019
93
NS
Eth lbenzene
SG-3
8/16/2019
710
370
4-Ethyltoluene
SG-2
8/16/2019
25
NS
SG-3
8/16/2019
200
SG-4
8/16/2019
38
Trichlorofluoromethane
Du-2
8/16/2019
7.5
NS
SG-5
8/16/2019
6.9
SG-1
8/16/2019
49,000
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed
for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
NS - Screening level not established for this compound
7
High Point Multi Stadium/21047-17-041/15Oc0020
SUB -SLAB VAPOR — PRE -CONSTRUCTION
Sub -slab vapor contaminants in micrograms per cubic meter, the screening levels for
which are contained in the DWM Vapor Intrusion Guidance, Residential Vapor Intrusion
Screening Levels (VISL), February 2018 version:
Sub -Slab Vapor
Concentration
Residential
Contaminant
Sample
Date of
Exceeding
Screening
Location
Sampling
Screening
Limit'
Level /m3
/m3
Trichloroeth lene2
SSG-07
9/15/2016
230
14
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed
for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
2All other sample results for this dataset that were collected prior to the construction of the stadium, samples SSG-01
through SSG-10, were reported as non -detects; however, reporting limits were quite elevated in the range of 100 to
1,000 µg/m3, exceeding established DWM VISLs for the volatile organic compounds reported.
Bold — Concentration also exceeds Non -Residential Screening Level
8
High Point Multi Stadium/21047-17-041/150ct2020
SUB -SLAB VAPOR — POST -CONSTRUCTION STADIUM & TICKET BUILDING
Sub -slab vapor contaminants in micrograms per cubic meter, the screening levels for
which are contained in the DWM Vapor Intrusion Guidance, Non -Residential Vapor Intrusion
Screening Levels (VISL), February 2018 version:
Sub -Slab Vapor
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Non -
Residential
Screening
Limit
/m'
1,3-Dichlorobenzene
MP-1
4/5/2019
7.3
NS
MP-2
4/5/2019
11.6
MP-3
4/5/2019
11.7
MP-4
4/5/2019
7.8
MP-8
4/11/2019
5.0
MP-10
7/ 16/2019
3.6
MP-11/Du -3
7/16/2019
4.7/4.9
MP-13
4/5/2019
6.2
MP-16
4/5/2019
16.3
MP-17
4/5/2019
13.1
MP-18
4/5/2019
7.0
MP-19
4/5/2019
7.5
Du -lA
4/5/2019
8.6
Du -3A
4/5/2019
7.0
Dichlorotetrafluoroethane
MP-8
4/11/2019
39.0
NS
MP-12
4/11/2019
3.6
MP-14
7/17/2019
12.9
MP-15
4/11/2019
2.4
MP-16
7/17/2019
4
MP-18
4/5/2019
3.9
Du -2A
4/11/2019
3.2
4-Ethyltoluene
MP-7
4/5/2019
20.6
NS
MP-12/Du -4
7/17/2019
5.4
MP-5/MP-23
7/17/2019
6.3
Trichlorofluoromethane
MP-8
4/11/2019
4.0
NS
MP-12/Du -4
7/17/2019
3.4/5.7
MP-13
4/5/2019
10.4
MP-14
7/17/2019
7.9
MP-15
4/11/2019
42.5
MP-16
7/17/2019
4.2
Dup-2A
4/11/2019
2
9
High Point Multi Stadium/21047-17-041/150c0020
INDOOR AIR - POST -CONSTRUCTION STADIUM & TICKET BUILDING
Indoor air contaminants in micrograms per cubic meter, the screening levels for which
are contained in the DWM Vapor Intrusion Guidance, Non -Residential Vapor Intrusion
Screening Levels (VISL), February 2018 version:
Indoor Air Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Date of
Most
Recent
Sampling
Most Recent
3 Concentration
W/m)
Non -
Residential
Screening
Level
/m3
Benzene
A-1
4/5/2019
1.7
7/16/2019
<0.48
1.6
A-2/Du -1
7/16/2019
1.8/2.7
7/16/2019
1.8/2.7
A-5
7/16/2019
3.1
7/16/2019
3.1
A-23/Du -3
4/5/2019
20.2/13.2
7/16/2019
<0.55
Chloroform
A-17/Du -2
4/5/2019
0.94/0.71
7/16/2019
<0.83
0.53
Ethylbenzene
A-1
4/5/2019
89.5
7/16/2019
<1.3
4.9
A-3
4/5/2019
99.8
7/16/2019
1.4
A-4
4/5/2019
1,210
7/16/2019
<1.4
A-5
7/16/2019
12.3
7/16/2019
12.3
A-6
4/5/2019
82.6
7/16/2019
<1.4
A-7
4/5/2019
69.4
7/16/2019
1.9
A-8
4/5/2019
85.0
7/16/2019
<1.4
A-9
4/5/2019
85.3
7/16/2019
1.7
A-10
4/5/2019
75.2
7/16/2019
1.6
A-11
4/5/2019
75.1
7/16/2019
<1.5
A-12
4/5/2019
74.8
7/16/2019
2.8
A-13
4/5/2019
88.2
7/16/2019
<1.4
A-14
4/5/2019
87.8
7/16/2019
<1.4
A-15
4/5/2019
83.6
7/16/2019
2.0
A-16
4/5/2019
79.8
7/16/2019
1.7
A-18
4/5/2019
8.3
7/16/2019
2.5
A-23/Du -3
4/5/2019
530/460
7/16/2019
31.4
4-Ethyltoluene
A-1
4/5/2019
4.3
7/16/2019
<3.7
NS
A-3
4/5/2019
5.2
7/16/2019
<3.9
A-4
4/5/2019
17
7/16/2019
<4.0
A-5
7/16/2019
9.1
7/16/2019
9.1
A-6
4/5/2019
5.9
7/16/2019
<4.0
A-7
4/5/2019
4.5
7/16/2019
<4.0
A-8
4/5/2019
7.0
7/16/2019
<4.0
A-9
4/5/2019
8.2
7/16/2019
<4.0
A-10
4/5/2019
4.7
7/16/2019
<4.0
A-11
4/5/2019
5.4
7/16/2019
5.2
A-12
4/5/2019
4.9
7/16/2019
<4.0
A-13
4/5/2019
6.4
7/16/2019
<4.0
10
High Point Multi Stadium/21047-17-041/150c0020
Indoor Air Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Date of
Most
Recent
Sampling
Most Recent
Concentration
(µg/m3)
Non -
Residential
Screening
Level',2
m3
4-Ethyltoluene
A-14
4/5/2019
6.5
7/16/2019
<4.0
NS
A-15
4/5/2019
5.6
7/16/2019
4.1
A-16
4/5/2019
5.6
7/16/2019
<4.0
A-17/Du -2
4/5/2019
6.0/4.5
7/16/2019
<4.0
A-18
4/5/2019
22.7
7/16/2019
<3.9
A-20
4/5/2019
8.3
7/16/2019
<4.1
Du-3 A-23
4/5/2019
15.5
4/5/2019
15.5
Naphthalene
A-10
4/5/2019
7.4
7/16/2019
<4.3
0.36
A-15
7/16/2019
4.3
7/16/2019
4.3
A-22
7/16/2019
4.6
7/16/2019
4.6
Du-3 A-23
4/5/2019
4.7
4/5/2019
4.7
Trichloroeth lene
A-7
4/5/2019
1.9
7/16/2019
<0.88
1.8
Trichlorofluoromethane
A-17
4/5/2019
1.5
7/16/2019
<1.7
NS
1,2,4-Trimethylbenzene
A-18
4/5/2019
82.3
7/16/2019
5.6
53
A-23
4/5/2019
62.1
7/16/2019
12.5
m,p-Xylene
A-1
4/5/2019
365
7/16/2019
5.3
88
A-3
4/5/2019
429
7/16/2019
5.3
A-4
4/5/2019
5,490
7/16/2019
4.2
A-6
4/5/2019
354
7/16/2019
4.6
A-7
4/5/2019
297
7/16/2019
5.2
A-8
4/5/2019
358
7/16/2019
4.8
A-9
4/5/2019
359
7/16/2019
6.9
A-10
4/5/2019
319
7/16/2019
6.1
A-11
4/5/2019
317
7/16/2019
4.2
A-12
4/5/2019
318
7/16/2019
11.4
A-13
4/5/2019
364
7/16/2019
4.6
A-14
4/5/2019
369
7/16/2019
5.6
A-15
4/5/2019
349
7/16/2019
8.9
A-16
4/5/2019
332
7/16/2019
5.9
A-23/Du -3
4/5/2019
2,430/2,040
7/16/2019
144
o-Xylene
A-1
4/5/2019
95.4
7/16/2019
2.0
88
A-3
4/5/2019
104
7/16/2019
2.1
A-4
4/5/2019
1,300
7/16/2019
1.6
A-6
4/5/2019
92.5
7/16/2019
1.8
A-8
4/5/2019
93.9
7/16/2019
1.8
A-9
4/5/2019
95.7
7/16/2019
2.4
A-13
4/5/2019
97.6
7/16/2019
1.9
A-14
4/5/2019
98.1
7/16/2019
2.0
A-15
4/5/2019
92.1
7/16/2019
3.9
11
High Point Multi Stadium/21047-17-041/15Oc0020
Concentration
Date of
Non -
Exceeding
Most
Most Recent
Residential
Indoor Air Contaminant
Sample
Date of
Screening
Recent
Concentration
Screening
Location
Sampling
Level (µg/m3)
Sampling
(µg/m3)
Level',2
m3
o-Xylene
A-16
4/5/2019
88.4
7/16/2019
2.5
NS
A-23/Du -3
4/5/2019
619/521
7/16/2019
45.3
'Screening limits displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed
for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
2Indoor air samples presented in this table were collected from the multi -stadium space only and therefore the non-
residential VISLs are used for comparison purposes.
NS- No screening level established
12
High Point Multi Stadium/21047-17-041/15Oc0020
MAIL I U_ UMF, 0410 ULU FLANK KU, HIUM F'UIN 1, NU ZtZbb
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4 BRADLEY D. PHILLIPS, CER77FY THAT THIS MAP WAS DRAWN UNDER MY SUPER14S/ON FROM AN
ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED IN D.B. 8002, PG. Z 03 Q_ PETER DEVELOPMENT LLC
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AND OTHER REFERENCE SOURCES AS SHOWN)), THAT THE 80UNDAR/ES NOT SURVEYED ARE PARCEL NO. 188344 I O �z O D.B. 8230, PG 2694 O Z � p � I W O a
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THAT THIS PLAT WAS PREPARED /S ACCORDANCE W77H G.S 47-30, AS AMENDED {4977VESS MY Z:l Q dj� m I GATENVW AVEWUE TW_76 I I o Q m I O q m
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PROPERTIES, LLC A-4 MP-10 ,
PARCEL NO. 186798 I A-10 GP-7(2017) A-5 TW-4
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OR ONE OR MORE EXIS77NG EASEMENTS AND DOES NOT CREATE A _ _ _ _ N MP-8
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h PS. 149, PG. 64
EASEMENT" IS AN AREA OF LAND DESCRIBED IN A SINGLE, LEGAL �+
MP-5 NEW LOT 'A"
DESCRIPTION OR LEGALL Y RECORDED SUBDIVIS/ON THAT HAS BEEN DR BARBARA MORENO Z ( , A-3
EXISTING CONFIGURA CONVEYED
TO A NEW OWNER BY DEED IN I IS D.B. EL N 186804 I A -12 @ BRO WNFIEL DS , MP-17770N.
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SIGNED __ -^ (PER P.B. 199, PG. 129 ` �► s GP-12 �R EPv 0.59E AC. L45� I Q `�
DATE a ..- A. Tw-9 25,8251E SO. FT. J c�
MADEL/NE L. FOWLER &h I •0,��TW-12 t� O Z 0.A77FST REBECCA F. HEDGECOCKgyp•_"GP-8(2017) 275 NORTH ELM �/DACO-TRUSTEE OF MADEL/NE LaHa B-I(BASE) 11hPARTNERS, LLC SG-1NFOWLER REV. TRUST D7D N5220'47E PARCEL NO. 186835 GW I7/30/2015 R O/SK 1.42E AC.aN522047 E u�D. B. 8214, PG 2803OPARCEL NO. 187906 pGW-2 tl 79.19' TW-8 P.8 inn PG. 6 a GENERAL NOTES 61,784E SO. FT. 89.62' ao N533746ED.B. 7736, PG. 2756 hNL49 EPK 1/2 /P FL SG 2 10.NW CITY OF HIGH POINT L17 n h 1) THIS SURVEY lS OF AN EXIS77NG PARCEL(s) OF LAND AND IS BASED ON I PARCEL N0. 186830 ELECTRIC D.B. 8004, PG. 405 EPK 250.98' EXlS17NG CORNERS FOUND ON SITE EPK 32.99' SG-3 EPK1/2 /P FL * ' + :0. 0.
2 FLOOD CERTIf7CA170N. THE SUBJECT PROPERTY /S NOT LOCATED /N A EASEMENL42 P.B. 200, PG 6 . a SG-4 -ClT r iGH POINT � 7?�(D.B. 7412, PG G N5220'45"E r' �` ` {gg
SPECIAL FLOOD HAZARD AREA AS SCALED FROM MAPS FURNISHED BY VFL 1/2" lP FL 0.42>R AC. P RC N0. 186838NORiH CAROLINA FL000 PLAIN MAPPING PROGRAM DAZED JUNE 18. M DUP-2 -� ( ) 283.9T TOTAL D. 002 PG 7766N �18096E SO FT. PB. 2aD PG s2007 THE S/7F DOES NOT L/E IMJH/N THE f00 YEAR OR OTHER SPECIALtlrn �i ��� GP 10 �� �� }� EPK 00
HAZARD FLOOD ZONE. SUBJECT TO VER/F7CA77ON BY DETAILED FLOOD I TW 10 ° fJ S533746"W V m
1 f2 /P c�
MAP STUDY. SEE COMMUNITY PANEL No. 37f07B0000J 1/2" IP FL •d+�.-�y 1/2IPFL s7 u j 3�' b� 177.93' NAD 83 (ZOl f) NSRS ej
3 ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES UNLESS NOISED I I GP-8(2019) V 69 yj1 =nap
N = 805,5 77. 95 Q. ^ rn
07HERWISE I a3 Q - 1/2" IP FL L37" r +
E = 1, 701,160.57 m U m
4) EXISTING BUILDINGS NOT SH061N AT 1N/S 17ME. I N N5222271E r �2 /P 02 BG'Cd
L27� g �' L22 7 "3� �� L31 � I c�i� Q
Ci
5) IRON PIPES AT ALL CORNERS UNLESS 07HERWISE NOTED. ( I N 287.95'
n SG-5 .,w�...,
6) METHOD OF COMPUTA77ON IS BY COORDINATE CAL CULA770N. W a°jp O `� 2 VR EPK f- EPK iA A2 I
7 THE RA770 OF PRECISION IS 1: 10, 000+. ro~ O „ „ 1 EX. DRILL r tr0
Q C� I Z Oj I GP-11 HOLE V S5221'10"W ! I
8) THE PROPERTY IS SUBJECT TO ANY EASEMENTS, AGREEMENTS, OR i N Q,861F AC. 37255E 4TW- IaRIGHTS'-OF-WAY PRIOR TO 7HE DATF OF THIS MAP WH/CH W4ERE NOT I1 ' II Qj 18209' l�
APPARENT AT THE TIME OF MY INSPEC7701V AND MIGHT OTHER BE p W m I 1/2" IP FL 3 SQ. FT N `h 4
CITY OF HIGH POINT DAVCO, LLC, 4 N
DISCLOSED BY AN ATTORNEYS 777ZE OPINION WH/CH AS OF DATF SHOWN , m I "�i k PARCEL NO. 186839 CEC HP, LLC go
N. Q ^ PARCEL NO. 186825 ^ I PARCEL NO. 186836 �
HEREON HAS NOT BEEN SUPPLIED TO DAWS-MARTIN-POWELL ENGINEERS �¢ ^ N D.B. 8002, PG 1766 0. O D.B. 8034, PG. 76J (�
I D.B. 8308, PG. 345
EL & SURVEYORS 7HERE MAY BE EASEMENTS OR OTHER MA77ERS OF O ap a� P.B. 200, PG. 6 W A D.B. 8112, PG IJ95
P.B. 143, PG. 50 P. B. 120, PG. 80 2 N
RECORD AFFEC77NG THIS PROPERTY NOT SHOt4N HEREON.
Vp J C� PART OF NEW LOT 1
9) COORDINATES SHOWN ARE BASED ON THE NORTH CAROLINA GRID SYSTEM Q 7.51' 1/2" /R FL � (� � (s PART OF NEW LOT B"
�N (NC3200), NAD 83 (2011) AND NAVD 88 (GEOID 12A), AND I 4220' 1 108.13' 165.21' W �
1/2" IP FL � O V CEC HP, LLC
Fz COORDINATES WERE OBTAINED USING 7HE NCVRS SYSTEM. I 1- /p FL f 1 2" lP (,% Z J'+ PARCEL NO. 186837
VICINITY MAP
Not to scale
STA7EVENT 7HAT NO APPROVAL IS REQUIRED BY
NCDOT DIVIS/ON OF HIGHWAYS.•
THIS PLAT DOES NOT REQUIRE CER77RCATE OF
APPROVAL BY THE N.C. DIVISION OF HIGHWAYS
AS PROVDED IN G. S 136-102.6 SUBSEC770N (G).
Line Table
Line
Direction
Length
L1
N542756 E
165.03
L2
N5332'35 E
49.85
L3
N542904 E
76.80
L4
N54 7857 E
60.21
L5
S35b3'49 E
143. 09
L6
S3525 53 E
13.92
L7
S3472'14 E
35.76
L8
N60i7758 E
6.01
L9
N54400 E
113.55
L 10
S54 44'10"W
40.30
L 11
S3739'15 E
44.45
L 12
S544147"W
9.14
L 13
S06 4603"W
36.84
L 14
N823151 "W
13.98
L 15
S0720 45"W
113.41
L 16
53024 04 E
52.78
L 17
S5152 23'W
1.95
L 18
S5273'36 "W
15.38
L19
N363744W
41.39
L20
N3758'18"W
10.74
L21
S352727 E
58.26
L22
S5322'30"W
80.55
L23
S363533E
3.43
L24
N3739'13"W
9.60
L25
N37:39'15'W
8.28
L26
S5441'47"W
40.30
L27
S5440'44"W
150.01
L28
S233746"W
19.48
L29
5233746"W
74.60
L30
S233746"W
43.43
L31
S5322:30"W
29.04
L32
S362655 E
16.62
Line Table
Line .4
Direction
Length
L33
N363744W
5.28
L34
S37'4623 E
6.14
L35
N3729 45"W
2.85
L36
S35n744 E
26.64
L37
S5076 26 "W
50.15
L38
N3745 44 "W
34.76
L39
S3727'10 E
76.02
L40
5083929W
14.17
L41
S3739'15 E
11.74
L42
S5273'06"W
1D06
L43
Sf350'04"W
42.34
L44
N54 41 47 E
106.88
L45
N54 41 47 E
6.28
L46
5374744E
38.79
L47
S35b4 23 E
138.22
L48
S3024 04 E
1976.
L49
N5220 45 E
63.84
L50
N3739'15"W
18.22
L51
N5322 55 E
7.55
L52
N667629"W
37.23
L53
N54 40 35 E
40.07
L54
N3719429'W
3.66
L55
N3739'13"W
9.59
L56
N3739'13"W
19.60
L57
S722521 E
69.09
L58
S3739'13 E
9.60
L59
S5221'10'W
196.96
L60
S374924 E'
15.05
L61
N3739'15'W
7.60
L62
N5220'45 E
4.05
L63
N597146E
6.04
10) ZONED. MIXED USE DOWNTOWN (MX-D) INS/DE CORE CITY BOUNDARY
N I
/ 55359'05"W
55223'40"W h 4" AG
1/2 /P FL
Q aj
J ^
m
D.B. 8179, PG 224o I
SHEET 1 OF 3
N 11) EXISTING LAND USE GENERAL BUSINESS AND OFFICE /NS777U770NAL
I
3
h
157.84' (TOTAL) 17280' (TOTAL
Qi
j ^
Pe. 143 PG. 50
PART OF NEW LOT ';4 "
EXHIBIT B TO THE NOTICE OF BROWNFIELDS
12) STREET ABANDONMENT CASE 17-04 (D.B. 8001, PG. 2727)
J
O O
EPK
RElEN77ON OF THE FOLLOWING U77LITY EASEMENTS APPLYING TO ALL OF (
n
h W
`t
NCGS "TRUST"
PROPERTY — SURVEY PLAT
7HE REQUES7ED ABANDONMENTS• I
1 1) RETENTION OF A 30-FOOT WIDE CITY OF HIGH POINT ELECTRICAL
°j
PIEDMONT ELECTRIC REPAIR
"
1/2IP FL
L0.
n
o
OBSERVED
NAD 83 (2011) NSRS
HIGH POINT MULTI -STADIUM SITE
EASEMENT CEN7FRED OVER THE EXIS77NG CITY OF HIGH POINT ELECTRICAL I
Z
COMPANY, INC.
PARCEL NO. 1868JJ
Q,
r�'
_
''
N = 802 578.14
301, 305, 285, 275 N ELM STREET
POLE AND SERVICE LINES WTHIN AND CROSSING 7HESE RIGHT-OF-WAYS.
I
r 2) RE7EN77ON OF A 20-FOOT WIDE SEWER LINE EASEMENT CEN7FRE0
O
0.
1/2" IP FL D.B. 2062, PG. 562 D B 8001 PG 2727
1/2" IP FL
-�
E = J, 702, 778.52
235, 209 APPLING WAY AND
OVER EXIS77NG SEWER LINES WITHIN OR CROSSING THESE
I Q
h W J
PART OF ALLEY PI
R/GHT-OF- WAYS
an
0. h O
P. B. 180, PG. 68
3) RETSN770N OF A 20-FOOT WIDE WA7FR LINE EASEMENT CEN7FRED
Q
OVER EXIS77NG W.47FR LINES WITHIN OR CROSSING THESE
I W Z Q
O W
RIGHT-OF-WAYS.
I (n i� 0. Q
:- 4) RE7EN77ON OF A 20-FOOT WIDE STORMWATER LINE EASEMENT
CEN7FRED OVER EXIS77NG STORMW47FR LINES WITHIN OR CROSSING THESE
O Z
I Q
R/GHT-OF- WAYS.
5OPIEDMONT NA 7URAL GAS MENT
I Z
:2 CEN7FRED OVER EXIS77AIG GAS L NESW77H/NOR CROSS NG THESE
O R/GHT-OF- WAYS
A
V J
L I
6) RE7EN77ON OF A 30-FOOT TIDE DUKE ENERGY EAEMENT CENTERED
I m V O
OVER EXIS77NG DUKE POWER LINES (OVERHEAD AND UNDERGROUND)
Z 0. 0. O
k
v DRILL
HOLE IN
WITHIN OR CROSSING THESE RIGHT-OF-WAYS:
n 13. U77LITY EASEMENT (PER D.B. 7625, PG. 2678) ABANDONMENT SA14-05,
tih
W. ENGLISH ROAD CURB
14. THIS PLAT WAS PREPARED IN ACCORDANCE WITH N.C.G.S 130-A310.35
47' CURB AND GUTTER
D (NO77CE OF BROWNFIELDS PROPERTY) FOR THE PURPOSES DESCRIBED
50' PUBLIC R/W
w 7T-IERE/N.
(PER P.B. 143, PG. 50) CURB
15. INFORMA77ON REGARDING THE NA7URE AND QUAN717Y OF SOIL AND/OR
W47FR CONTAMINANTS AT THE SITF WAS PROVIDED TO THIS SURVEYOR
N BY ECS CAROLINA LLP (GRENSBORO, NC).
16. TOTAL AREA UNDER HEAVY LINE- 11.221- ACRES, MORE OR LESS.
�p��p
OWNER:
17. THERE ARE IMPROVEMENTS TO THIS PROPERTY NOT SHOMV HEREON.
APPROVAL FOR RECORDATION-
CITY OF HIGH POINT
18. ANY UNDERGROUND IMPROVEMENTS SHOWN HEREON ARE BASED ON
APPROVED FOR RECORDA770N BY THE CITY OF HIGH
P.O. BOX 230
SURFACE EVIDENCE ONLY. THIS SURVEYOR CANNOT CERTIFY TO NOR
POINT, NORTH CAROLINA ON THE DAY OF
HIGH POINT NC 27262
Z
ACCEPT LIABILITY FOR THE PRESENCE AND/OR LOCA77ON OF BURIED OR
2020 PURSUANT
Z 07HERWISE NON -VISIBLE IMPROVEMENTS
TO THE CITY OF HIGH POINT DEVELOPMENT ORDINANCE.
OWNER:
275 NORTH ELM PARTNERS, LLC
DIRECTOR OF PLANNING & DEVELOPMENT DATE 909 RSPARKSS,, MD MRD, SUITE 216
D 2111152
ai�
COMPU7FD POINT (POINT NOT SET)
Q 1/2" NEW IRON PIPE (SET)
O EXIS77NG IRON PIPE
EXIS77NG MONUMENT
EPK R/W
STATE OF NORTH CAROL/NA COUNTY OF GUILFORD-
1 REVIEW
OFFICER OF THE CITY OF HIGH POINT GUILFORD COUNTY,
CER77FY THAT THE MAP OR PLAT TO WHICH THIS
CER77RCA77ON IS AFf7XED MEETS ALL STATUTORY
REQUIREMENTS FOR RECORDING.
REVIEW OFFICER
DATE
LEGEND
!P = EX/S7TNG IRON PIPE/PIN
POST -CONSTRUCTION
/R = EXIS77NG IRON ROD
SUB -SLAB VAPOR SAMPLE
NIP = NEW T' IRON PIPE (SET)
("MP" NUMBER)
ECM = EXIS77NG CONCRE7F MONUMENT
INDOOR AIR SAMPLE
EPK = EXIS77NG P-K NAIL
(A "NUMBER)
NPK = NEW PK NAIL (SET)
SOIL GAS SAMPLE
("SG" NUMBER)
R/W = RIGHT OF WAY
CONC. = CONCRETE
GROUND WA7ER WELL
PAL = PROPERTY LINE
a
('TW" NUMBER)
AG = ABOVE GROUND
SUB SLAB VAPOR
BG =BELOW GROUND
■
('SSG" NUMBER)
a = FLUSH WITH GROUND
CGF = COMBINED GRID FACTOR
O
SOIL SAMPLE
(GP' NUMBER)
EP = EDGE OF PAVEMENT
ECN = EXISTING CONCR£TF NAIL
BROPINFIELDS PROPERTY LINE
ADJO/NERLINE----------
LINE SURVEYED
CURB & GUTTER
RIGHT OF WA Y - -
- -
218 N. LINDSAY STREET
TAX PARCEL NOS 186812, 186814, 229500, 186835,
186838, 186825& 186830
HIGH POINT TOWNSHIP, CITY OF HIGH POINT,
GUILFORD COUNTY, NORTH CAROLINA
PROSPECTIVE DEVELOPER: CITY OF HIGH POINT
PROPERTY OWNERS: CITY OF HIGH POINT,
275 NORTH ELM PARTNERS, LLC
BROWNFIELDS PROJECT NAME: HIGH POINT MULTI -STADIUM
BROWNFIELDS PROJECT NO: 21047-17-041
GRAPHIC SCALE
80 40 0 80 160
1" = 80 FEET
MAIL I U: UMF', M
I1 UN FUIN 1, NU 212bb
8R01WF7ELDS PROPERTY NAME • HIGH POINT MUL 77 STADIUM
BROWNFIELDS PROJECT NUMBER. 21047-17-041
THE MOST RECENT ENVIRONMENTAL SAMPLING AT 7HE BROWNFIELDS PROPERTY REPORTED /N THE
ENVIRONMENTAL REPORTS OCCURRED ON AUGUST 16, 2019. 7HE FOLLOWING TABLES SET FOR77L4 FOR
CONTAMINANTS PRESENT AT THE BROWNF1ELDS PROPERTY ABOVE APPLICABLE STANDARDS OR
SCREENING LEVELS, THE CONCEN7RA77ON FOUND AT EACH SAMPLE LOCA77ON 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 THE PURPOSES OF 77-IIS 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, Rule .0202(2L), (April 1, 2013 version), or the 2L Groundwater Interim
Maximum Allowable Concentrations (IMACS), (April 1, 2013 version):
Groundwater
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Standard L
Standard
(lig/L)
Arsenic
TW-1
11/28/2017
61
10
TW-3
11/28/201.7
50
TW-5
11/28/2017
41
TW-6
11/28/2017
46
TW-8
11/28/2017
20
T W-9
11/28/2017
19
TW-11
11/28/2017
21
TW-12
I1/28/2017
64
Barium
MW-4
5/11/2016
1,700
700
TW-1
11/28/2017
7,600
TW-3
11/28/2017
2,400
TW-4
11/28/2017
710
TW-5
11/28/2017
4,800
TW-6
11/28/2017
13,000
TW-8
11/28/2017
7,300
TW-9
11/28/2017
1,600
TW-11
11/28/2017
4,200
TW-12
11/28/2017
4,700
TW-15
11/28/2017
1,100
n-But ]benzene
TW-12
11/28/2017
130 RL
70
sec -But ]benzene
TW-12
11/28/2017
81 RL
70
Chromium
GW-1
8/15/2019
25.7
10
GW-2
8/15/2019
32.9
MW-2
5/11/2016
95
MW-3
5/11/2016
260
MW-4
5/11/2016
160
MW-5
5/11/2016
62
MW-5D
5/11/2016
10
TW-1
11/28/2017
850
TW-3
11/28/2017
1,500
TW-4
11/28/2017
280
T W-5
11/28/2017
1,600
T W-6
11/28/2017
680
TW-7
11/28/2017
220
TW-8
11/28/2017
480
TW-9
11/28/2017
3,800
TW-10
11/28/2017
52
TW-11
11/28/2017
1,300
T W -12
11/28/2017
1,700
TW-13
11/28/2017
42
TW-14
11/28/2017
140
TW-15
11/28/2017
240
Cumene
TW-12
11/28/2017
270 RL
70
1,2-Dichloroethane
TW-11
11/28/2017
0.83
0.4
Cis-1,2-
Dichloroethylene
MW-3
5/11/2016
82
70
TW-6
11/28/2017
330
4-Iso ropyltoluene
TW-12
11/28/2017
110 RL
25
Lead
MW-4
5/11/2016
15
15
TW-1
11/28/2017
160
TW-3
11/28/2017
56
TW-5
11/28/2017
660
TW-6
11/28/2017
200
TW-8
11/28/2017
82
TW-9
11/28/2017
55
TW-11
11/28/2017
150
TW-12
11/28/2017
480
Mercury
TW-1
11/28/2017
1.3
1
1-Meth lna hthalene
TW-12
11/28/2017
35
1
2-Meth lna hthalene
TW-12
11/28/2017
74
30
Naphthalene
TW-12
11/28/2017
580 RL
6
n-Pro ylbenzene
TW-12
11/28/2017
410 RL
70
Tetrachloroethylene
MW-3
5/11/2016
1.6
0.7
TW-11
11/28/2017
4.3
TW-12
11/28/2017
0.82
Trichloroethylene
MW-2
5/11/2016
9.9
3
MW-3
5/11/2016
840
TW-5
11/28/2017
19
TW-6
11/28/2017
1,400
TW-7
11/28/2017
33
TW-11
11/28/2017
8.3
TW-16
12/5/2017
280
Vinyl Chloride
MW-3
5/11/2016
3.1
0.03
TW-6
11/28/2017
13
T W-7
11/28/2017
1.4
RL = Increased reporting limit because of the sample matrix
LAND USE RES7RIC770NS
NCGS 130A-310.35 (a) REQUIRES RECORDA7701V OF A NOTICE OF BROWNFIELDS PROPERTY ("NO77CE) THAT IDEN77RES ANY RES7RIC7IONS ON THE
CURRENT AND FUTURE USE OF A BROWNFIELDS PROPERTY 7HAT ARE NECESSARY OR USEFUL TO MAINTAIN THE LEVEL OF PR07EC77ON 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 CONS777UTS ONE OF THREE EXHIBITS TO THE N077CE PERTAINING TO THE BROWNFIELDS PROPERTY DEPICTED ON THIS
PLAT AND RECORDED AT 77-IE GUILFORD COUNTY REGISTER OF DEEDS' OFFICE. THE EXH1817S TO THE N077CE ARE THE BROWNFIELDS AGREEMENT FOR
771E SUBJECT PROPERTY, WHICH /S A T IACHED AS EXHIBIT A TO THE NO77CE,• A REDUCED VERSION OF THIS SURVEY PLA T, WHICH IS ATTACHED AS
EXHIBIT B TD 7HE NO77CE,• AND A LEGAL DESCRIP77ON FOR THE SUBJECT PROPERTY, WHICH /S A TTACHED AS EXHIBIT C TO THE NO77CE. THE LAND USE
RE57R/CTIONS 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 RES7RIC770NS ARE HEREBY IMPOSED
ON THE BROWNFELDS 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 FUNC770N), OR H15/HER DESIGNEE, AFTER THE HAZARDS HAVE BEEN ELIMINATED,
PURSUANT TO NCGS § 130A-310.35(E):
o. NO USE MAY BE MADE OF THE BROWNFIELDS PROPERTY OTHER THAN FOR A MUL77—PURPOSE STADIUM FACILITY, RECREA77ONAL AND
ENTERTAINMENT VENUE, HIGH DENSITY RES/DENAAL, HOTEL, HOSPITALITY, RETAIL, RESTAURANT, FOOD AND BEVERAGE PROCESSING, BREWERY, OFFICE,
OPEN SPACE INCLUDING A PUBLIC PARK, AND ASSOCIATED PARKING USES, AND WITH PR/OR WRITTEN DEQ APPROVAL, OWNER COMMERCIAL USES.
FOR PURPOSES OF INNS RES7RIC770N, THE FOLLOWING DEFIN177ONS APPLY•
i. RECREATON" IS DEFINED AS INDOOR AND OU7DOOR EXERCISE —RELATED, PHYSICALLY FOCUSED OR LEISURE —RELATED AC77077ES,
WHETHER AC77VE" OR PASSIVE, AND THE FACIL177ES FOR SAME, INCLUDING, BUT NOT LIMITED TO, STUDIOS, SWIMMING POOLS,
SPORTS —RELATED COURTS AND RELDS, OPEN SPACE, GREENWAYS, PARKS, PLAYGROUNDS, WALKING PA7HS, AND PICNIC AND PUBLIC
GATHERING AREAS.
ii. ENTERTAINMENT' IS DEFINED AS PRIVATE PUBLIC, AND COMMUNITY AC77V77ES (SUCH AS, FOR EXAMPLE, FES77VALS, 7HEATER,
MUSICAL EVENTS OR SHOWS), WHICH MAY INCLUDE FOOD AND BEVERAGE SERVICE.
R. HIGH DENSITY RESIDENTIAL" IS DEFINED AS PERMANENT DWELLINGS WHERE RESIDEN77AL UNITS ARE ATTACHED TO EACH OTHER WTH
COMMON WALLS, SUCH AS CONDOM/NIA, APARTMENTS GROUP HOMES, DORMITORIES OR BOARDING HOUSES, AND ANY PROPERTY OUTSIDE
7HE DWELLING 57RUC7URES IS USABLE BY ALL RESIDENTS AND NOT PRIVATELY OWNED AS PART OF A PARTICULAR UNIT (E.G.,
PRIVA7ELY—OWNED COURTYARDS ARE PROHIBITED), AND MAY INCLUDE RELATED AMENITIES, SUCH AS POOLS, CLUBHOUSES, COURTYARDS,
COMMON AREAS RECREA77ON AREAS AND PARKING GARAGES.
iv. HOTEL" IS DEFINED AS THE PROVISION OF OVERNIGHT LODGING TO PAYING CUSTOMERS, AND TO ASSOCIA7ED FOOD SERVICES,
BANQUET AND EVENT FACIL177ES GYM, RESERVAT70N, CLEANING, U77L/77ES, PARKING AND ON —SITE HOSPITALITY, MANAGEMENT AND
RECEP77ON SERVCES
v. HOSPITALITY" IS DEFINED AS COMMERCIAL AC77W77ES, SERVICES AND FACIL177ES DESIGNED TO PROMOTE AND ADVANCE TOURISM, OR
FOR PRIVATF AND PUBLIC USE, INCLUDING BUT NOT LIM17ED TO, EVENT CENTERS CONFERENCES, EVENT PLANNING, TRANSPORT4770N, AND
ASSOCIA7ED LODGING.
of RETAIL" IS 9EF7NED AS THE SALE OF GOODS OR SERVICES, PRODUCTS OR MERCHANDISE DIREC7LY TO THE CONSUMER OR
BUSINESSES AND INCLUDES SHOAROOMS, PERSONAL SERVICE, AND THE SALES OF FOOD AND BEVERAGE PRODUCTS
W. RESTAURANT" IS DEFINED AS A COMMERCIAL BUSINESS ESTABLISHMENT THAT PREPARES AND SERVES FOOD AND BEVERAGES TO
PA IRONS, INCLUDING FOOD HALLS.
viii. FOOD AND BEVERAGE PROCESSING" IS DEFINED AS THE METHODS USED TO TRANSFORM RAW INGREDIENTS INTO FOOD OR BEVERAGE
FOR CONSUMP770N, INCLUDING THE MANUFACTURE, SALE AND DISTRIBUTON OF FOOD AND BEVERAGE PRODUCTS
Ix BREWERY FACILITY" IS DEFINED AS AN ESTABLISHMENT FOR 77AE MANUFACTURE, SALE AND DISIRIBU77ON OF BEVERAGES OR FOOD
PRODUCTS; INCLUDING WITHOUT LIMITA77ON BEER AND ALE, TOGETHER WITH ASSOCIATED PUBLIC ROADWAYS AND RELATED
/NFRAS77?UC7URE.
x. OFFICE" IS DEFINED AS THE PROVISION OF BUSINESS OR PROFESSIONAL SERVICES
xi. OPEN SPACE" IS DEFINED AS LAND MAINTAINED /N A NA7URAL OR LANDSCAPED STATE AND USED FOR NA7TJRAL RESOURCE
PRO 7EC770N, BUFFERS GREENWAYS OR DE7EN77ON FACIL777ES FOR STORMWATER.
xi7. PUBLIC PARK" /S DEFINED AS ANY LAND OWNED BY THE PUBLIC AND OPEN FOR USE BY THE GENERAL PUBLIC FOR AC77VE
(INCLUDING PLAYGROUNDS) OR PASSIVE RECREA77ONAL PURPOSES OR AS A REFUGE FOR WILDLIFE
x/i/. PARKING" IS DEFINED AS THE TEMPORARY ACCOMMODA77ON OF MOTOR VEHICLES IN AN AREA DESIGNED FOR SAME.
x/v COMMERCIAL" IS DEFINED AS AN EN7FRPRISE CARRIED ON FOR PROFIT OR NONPROFIT BY THE OWNER, LESSEE OR LICENSEE,
EXCLUDING THE USE OF CHLORINATED SOLVENTS.
b. PHYSICAL REDEVELOPMENT OF 77YE BROWNFIELDS PROPERTY MA Y NOT OCCUR OTHER THAN 1N ACCORDANCE, AS DE7FRM/NED BY DEQ, WTH AN
ENVIRONMENTAL MANAGEMENT PLAN ('EMP) APPROVED /N WR/ 7TNG BY DEQ /N ADVANCE (AND REUSED TO DEQ S WRITTEN SA 775FAC77ON PRIOR TO
EACH SUBSEQUENT REDEVELOPMENT PHASE) THAT 1S CONSISTENT WI77-1 ALL THE OTHER LAND USE RES7RIC7IONS AND DESCRIBES REDEVELOPMENT
AC77V77ES AT THE BROWNFIELDS PROPERTY, THE 77MING OF REDEVELOPMENT PHASES AND ADDRESSES HEALTH, SAFETY AND ENVIRONMENTAL
ISSUES THAT MAY ARISE FROM USE OF 77-IE BROWNFIELDS PROPERTY DURING CONS7RUC770N OR REDEVELOPMENT IN ANY OTHER FORM, INCLUDING
WITHOUT L IM/ TA 77ON.-
I SOIL AND WATER MANAGEMENT ISSUES, INCLUDING WITHOUT L/MITA77ON THOSE RESUL77NO FROM CONTAMINATION 10EN77RED IN THE
ENVIRONMENTAL REPORTS;
A ISSUES RELATED TO P07EN77AL SOURCES OF CONTAMINA77ON REFERENCED IN PARAGRAPH 8 ABOVE -
Al. CON77NGENCY PLANS FOR ADDRESSING, INCLUDING WI7HOUT LIMITATON 77-IE 7FST7NG OF SOIL AND GROUNDWATER, NEWLY DISCOVERED
P07FIV77AL SOURCES OF ENVIRONMENTAL CONTAMINA7701V (E.G., USTs TANKS, DRUMS, SEP77C DRAIN FIELDS, OIL —WATER SEPARATORS,
SOIL CONTAMINATION),AND
iv. PLANS FOR THE PROPER CHARAC7FRIZA77ON OF AND, AS NECESSARY, DISPOSAL OF CONTAM/NA7ED GROUNDWATER AND CONTAMINATED
SOILS EXCAVATED DURING REDEVELOPMENT.
a THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR CHILDCARE, ADULT CARE CEN7FRS OR SCHOOLS WITHOUT THE PRIOR WRITTEN APPROVAL
OF DEQ.
d. GROUNDWA7FR AT THE BROWNFIELDS PROPERTY MAY NOT BE USED FOR ANY PURPOSE WITHOUT THE PRIOR WRITIFN APPROVAL OF DEQ.
e. SOIL MAY NOT BE REMOVED FROM, OR BROUGHT ONTO, THE BROWNFIELDS PROPERTY WITHOUT PRIOR SAMPLING AND ANALYSIS TO DEQS
SA77SFAC7701V AND THE WI71TT£N APPROVAL OF DEQ, UNLESS CONDUCTED IN ACCORDANCE WTH AN APPROVED EMP AS OU7LINED IN
SUBPARAGRAPH 15.b. ABOVE
f. NO A07714TY THAT D/S7ZIRBS SOIL ON THE BROWNFIELDS PROPERTY MAY OCCUR UNLESS AND UNTL DEQ STA TES /N WRI77NG, /N ADVANCE OF THE
PROPOSED AC77WTY THAT SAID AC77VTY MAY OCCUR IF CARRIED OUT ALONG WITH ANY MEASURES DE0 DEEMS NECESSARY TO ENSURE THE
BROWNFIELDS PROPERTY WILL BE SUITABLE FOR THE USES SPECIFIED IN SUBPARAGRAPH 15.a. ABOVE WHILE FULLY PR07EC77NG HEALTH AND THE
ENVRONMENT, EXCEPT -
I.
IN CONNEC77ON WITH LANDSCAPING TO DEPTHS NOT EXCEEDING 24 INCHES -
A. MOWING AND PRUNING OF ABOVE —GROUND VEGETATON,•
X FOR REPAIR OF UNDERGROUND INFRASTRUCTURE, PROVIDED 7HAT DEQ SHALL BE GIVEN WRITTEN N077CE AT LEAST SEVEN DAYS /N
ADVANCE OF A SCHEDULED REPAIR (1F 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 CONNE077ON TO WORK CONDUCTED IN ACCORDANCE WITH A DEQ—APPROVED EMP AS OUTLINES IN SUBPARAGRAPH 15.b. ABOVE
SUB -SLAB VAPOR — PRE -CONSTRUCTION
Sub -slab vapor contaminants in micrograms per cubic meter, the screening levels for
which are contained in the DWM Vapor Intrusion Guidance, Residential Vapor Intrusion
Screening Levels (VISL), February 2018 version:
Sub -Slab Vapor
Concentration
Residential
Contaminant
Sample
Date of
Exceeding
Screening
1
Location
Sampling
Screening
Limit
Level ( /rn)
(g/m)
Trichloroethylene
SSG-07
1 9/15/2016
1 230
14
'Screening levels displayed for non -carcinogens are Tor a hazard quotient equal to 0.2. Screening levels displayed
for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
2All other sample results for this dataset that were collected prior to the construction of the stadium, samples SSG-01
through SSG-10, were reported as non -detects; however, reporting limits were quite elevated in the range of 100 to
1,000 µg/m3, exceeding established DWM VISLs for the volatile organic compounds reported.
Bold — Concentration also exceeds Non -Residential Screening Level
§ 130A-310.35
g. UNLESS COMPLIANCE WI7H THIS LAND USE RES7RIC7701V IS WAIVED IN WRI77NG IN ADVANCE BY DEO /N RELA77ON TO PAR77CULAR BUILDINGS,
DEMOL177ON AND/OR RENOVA77ON OF ANY OR ALL BUILDINGS ON THE BROWNFIELDS PROPERTY DEPICTED ON THE PLAT COMPONENT OF THE
N077CE REFERENCED IN PARAGRAPH 20 BELOW SHALL BE IN ACCORDANCE WITH APPLICABLE LEGAL REQUIREMENTS, INCLUDING WITHOUT LIMITA77ON
THOSE RELATED TO LEAD AND ASBESTOS ABATEMENT 7HAT ARE ADMINISTERED BY THE HEALTH HAZARDS CONTROL UNIT WITHIN THE DIVISION OF
PUBLIC HEALTH OF THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES
h. NO ENCLOSED BUILDING MA Y BE CON57RUCTED ON THE BROWNFIELDS PROPERTY AND NO EXIS77NG BUILDING, DEFINED AS THOSE DEPICTED ON
THE PLAT COMPONENT OF 7HE N077CE OF BROWNFIELDS PROPERTY REFERENCED IN PARAGRAPH 20 BELOW, MAY BE OCCUPIED UN77L DEQ
DETERMINES IN WRITING THAT
I THE BUILDING IS OR WOULD BE PRO 7FC77VE OF THE BUILDINGS USERS, PUBLIC HEALTH AND THE ENVIRONMENT FROM RISK OF VAPOR
INTRUSION BASED ON SITE ASSESSMENT DATA OR A S/7E—SPECIFIC RISK ASSESSMENT APPROVED IN WRI771VG BY DEQ,•
A THE BUILDING IS OR WOULD BE SUFFICIEN77Y DISTANT FROM THE BROWNFIELDS PROPERTY'S GROUNDWA7ER AND/OR SOIL
CONTAMINA77ON BASED ON ASSESSMENT DATA APPROVED IN OR177NG BY DEQ THAT 7HE BUILDINGS USERS, PUBLIC HEALTH AND 7HE
ENVIRONMENT WILL BE PROTECTED FROM RISK FROM VAPOR INTRUSION RELATED TO SAID CONTAMINA776K OR
fiT. VAPOR INTRUSION U177GA77ON MEASURES ARE DESIGNED, INSTALLED, AND IMPLEMENTED IN A MANNER THAT WILL FULLY PR07ECT
PUBLIC HEALTH TO THE SA77SFAC77ON OF A PROFESSIONAL ENGINEER LICENSED IN NORTH CAROLINA, AS EVIDENCED BY SAID ENGINEERS
PROFESSIONAL SEAL ON A REPORT THAT INCLUDES PHOTOGRAPHS AND A DESCRIP77ON OF THE INSTALLATION AND PERFORMANCE OF
SAID MEASURES AND TO DEQ. ANY DESIGN SPECIF/CA77ON FOR VAPOR INTRUSION U177GA77ON MEASURES SHALL BE APPROVED /N WRI77NG
BY DEQ IN ADVANCE OF INSTALLA7ON AND/OR /MPLEMENTA77ON OF SAID MEASURES. THE DESIGN SPECIRCA77ONS SHALL INCLUDE
METHODOLOGY(IES) FOR DEMONS7RA77NG PERFORMANCE OF SAID MEASURES
I. NEITHER DEQ, NOR ANY PARTY COIVDUC77NG ENVRONMENTAL ASSESSMENT OR REMED/A 77ON AT THE BROWNFIELDS PROPERTY AT THE DIREC77ON
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 CONDUC77NG SUCH ASSESSMENT ORT R£MED/A 770N, WHICH /S TO BE CONDUCTED USING REASONABLE EFFORTS TO
MINIMIZE INTERFERENCE WTH AUTHORIZED USES OF THE BROWNFIELDS PROPERTY.
j ANY DEED OR OTHER INS7RUMENT CONVEYING AN INTEREST IN 7HE BROWNFIELDS PROPERTY SHALL CONTAIN THE FOLLOWING NO77CE.• "THIS
PROPERTY IS SUBJECT TO THE BROWNFIELDS AGREEMENT ATTACHED AS EXHIBIT A TO IRE NOTICE OF BROWNFIELDS PROPERTY RECORDED IN THE
GUILFORD COUNTY LAND RECORDS, BOOK PAGE ___. " A COPY OF ANY SUCH INSTRUMENT SHALL BE SENT TO THE PERSONS LISTED
/N SEC77ON XV (NOTICES AND SUBMISSIONS), THOUGH FINANCIAL FIGURES AND OTHER CONFIDEN77AL /NFORMA 77ON RELA TED TO THE CONVEYANCE
MAY BE REDACTED TO THE EXTENT SAID REDAC77ONS COMPLY WITH THE CONFIDEN77ALITY AND TRADE SECRET PROVISIONS OF THE NORTH
CAROLINA PUBLIC RECORDS LAW. THE OWNER MAY USE IRE FOLLOWING MECHANISMS TO COMPLY WITII THE OBLIGA7701VS OF THIS SUBPARAGRAPH.
(i) /F EVERY LEASE AND RIDER /S IDEIV77CAL IN FORM, THE OWNER CONVEYING AN INTEREST MAY PROVIDE DEQ WITH COPIES OF A FORM LEASE OR
RIDER EWDENCING COMPLIANCE WITH THE SUBPARAGRAPH, IN LIEU OF SENDING COPIES OF AC7UAL, EXECUTED LEASES, TO THE PERSONS LISTED
IN SEC77ON XV (NO77CE AND SUBMISSIONS),- OR (Tl) THE OWNER CONVEYING AN INTEREST MAY PROVIDE ABSTRACTS OF LEASES, RATHER 7HAN
FULL COPIES OF SAID LEASES, TO THE PERSONS LISTED IN SEC77ON XV.
k. NONE OF THE CONTAMINANTS KNOWN TO BE PRESENT IN THE ENVIRONMENTAL MEDIA AT THE BROWNFELDS PROPERTY, AS DESCRIBED IN
PARAGRAPH 8 ABOVE OF THIS AGREEMENT AND AS MODIFIED BY DEQ /N WR/77NG /F ADD177ONAL 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
-
1. IN DE MINIMIS OUAN7777ES FOR CLEANING AND OTHER ROU77NE HOUSEKEEPING AND MAINTENANCE AC77V77ES;
ii. AS FUEL OR 07HER FLUIDS CUSTOMARILY USED IN VEHICLES, LANDSCAPING EQUIPMENT AND EMERGENCY GENERATORS,; OR
X. AS CONS777UENTS OF PRODUCTS AND MATERIALS CUSTOMARILY USED AND STORED IN THE FOLLOWING ENVIRONMENTS•
MUL77—PURPOSE STADIUM, RECREA7701VAL AND ENTERTAINMENT VENUE, HIGH DENSITY RESIDENITAL, HOTEL, HOSPITALITY, RETAIL,
RESTAURANT, FOOD AND BEVERAGE PROCESSING BREWERY, OFFICE, OPEN SPACE INCLUDING A PUBLIC PARK, AND ASSOC/A TED PARKING
USES, AND WI77-1 PRIOR WRITTEN DEQ APPROVAL, OTHER COMMERCIAL USES, PRO14DED SUCH PRODUCTS AND MA7ERIALS ARE STORED IN
ORIGINAL RETAIL PACKAGING AND USED AND DISPOSED OF IN ACCORDANCE WITH APPLICABLE LAWS.
1. WITHIN 60 DAYS AFTER THE EFFEC77VE DAIF OF THIS AGREEMENT OR PRIOR 70 LAND DISTURBANCE ACTVTES, PROSPEC77VE DEVELOPER SHALL
ABANDON ALL MONITORING WELLS, INJECTION WELLS, RECOVERY WELLS, PIEZOMETERS AND OTHER MAN—MADE POINTS OF GROUNDWATER ACCESS
AT THE BROWNFIELDS PROPERTY /N ACCORDANCE W rH SUBCHAPTER 2C OF 7777E 15A OF THE NORTH CAROL/NA ADMIN/STTA 77VE CODE, UNLESS
AN AL7ERNAIF SCHEDULE IS APPROVED BY DEQ W77HIN 30 DAYS AFTER DOING SO, THE PROSPEC77VE DEVELOPER SHALL PROVIDE DEQ, A REPORT
SET77NG FORTH THE PROCEDURES AND RESULTS
m. THE OWNER OF ANY POR77ON OF THE BROWNF/ELDS PROPERTY WHERE ANY EXIS77NG, OR SUBSEQUEN7L Y INSTALLED, DEQ—APPROVED
MONITORING WELL IS DAMAGED BY 7HE OWNER, ITS CONTRACTORS, OR ITS 7ENAN7S SHALL BE RESPONSIBLE FOR REPAIR OF ANY SUCH WELLS TO
DEOS WRITTEN SA77SFAC77ON AND 077HIN A TIME PERIOD ACCEPTABLE TO DEQ, UNLESS COMPLIANCE WITH 77-IIS LAND USE RES7R/C77ON IS WAIVED
IN WRITNG BY DEQ IN ADVANCE.
n. DURING JANUARY OF EACH YEAR AFTER THE YEAR /N WHICH THE NOTICE REFERENCED BELOW /N PARAGRAPH 20 /S RECORDED, THE OWNER OF
ANY PART OF 7HE BROWNFIELDS PROPERTY AS JANUARY 1ST OF THAT YEAR SHALL SUBMIT A NOTARIZED LAND USE RESTRICTIONS UPDAIF
("LURU) TO DEQ, AND TO 7HE CHIEF PUBLIC HEALTH AND ENVIRONMENTAL OFFICIALS OF GUILFORD COUNTY, CER77FYING THAT, AS OF SAID
JANUARY 1ST, THE N077CE OF BROWNFIELDS PROPERTY CONTAINING THESE LAND USE RES7RIC770N5 REMAINS RECORDED AT THE GUILFORD COUNTY
REGISTER OF DEEDS OFFICE AND THAT THE LAND USE RES7RIC77ONS ARE BEING COMPLIED WIN. THE SUBMITTED LURU SHALL STAIF THE
FOLLOWING:
I. THE NAME, MAILING ADDRESS, TELEPHONE AND FACSIMILE NUMBERS, AND CONTACT PERSON'S E—MAIL ADDRESS OF THE OWNER OR
BOARD, ASSOCIA77ON OR APPROVED EN77TY SUBMIT77NG THE LURU IF SAID OWNER ACQUIRED ANY PART OF THE BROWNFIELDS PROPERTY
DURING THE PREVOUS CALENDAR YEAR;
A. THE TRANSFEREE'S NAME, MAILING ADDRESS, TELEPHONE AND FACSIMILE NUMBERS, AND CONTACT PERSONS E—MAIL ADDRESS, IF
SAID OWNER TRANSFERRED ANY PART OF THE BROWNFELDS PROPERTY DURING THE PREVOUS CALENDAR YEAR,•
Ili. A JOINT LURU MAY BE SUBMITTED FOR MULnPLE OWNERS BY A DULY CONS77T/TFD BOARD OR ASSOCIA77ON AND SHALL INCLUDE IRE
NAME, MAILING ADDRESS, 7ELEPHONE AND FACSIMILE NUMBERS, AND CONTACT PERSONS E—MAIL ADDRESS OF 7HE EN77TY SUBMIT77NG
THE JOINT LURU AS WELL AS FOR EACH OF THE OWNERS ON WHOSE BEHALF THE JOINT LURU IS SUBMITTED -
iv. WHETHER ANY VAPOR BARRIER AND/OR MI77GA7701V SY57EMS INSTALLED PURSUANT TO SUBPARAGRAPH 15.h.lii. ABOVE ARE
PERFORMING AS DESIGNED, AND WHETHER THE USES OF THE GROUND FLOORS OF ANY BUILDINGS CONTAINING SUCH VAPOR BARRIER
AND/OR MI77GA77ON SYSTEMS HAVE CHANGED, AND, IF SO, HOW AND
v. A LURU SUBMITTED FOR RENTAL UNITS SHALL INCLUDE 7HE RENT ROLL AND ENOUGH OF EACH LEASE EN7ERED INTO DURING THE
PREVOUS CALENDAR YEAR TO DEMONS7RAIF COMPLIANCE WITH LESSEE NOTFICA77ON REQUIREMENTS IN PARAGRAPHS 21 AND 22 OF
THIS AGREEMENT PROVDED THAT IF STANDARD FORM LEASES ARE USED IN EVERY INSTANCE, A COPY OF SUCH STANDARD FORM LEASE
MAY BE SENT /N LIEU OF COPIES OF ACTUAL LEASES
NO7F• THE LAND USE RES7R/CT10NS PLACED HEREIN SUPERSEDE AND REPLACE THE ORIGINAL LAND USE RES7RIC77ONS RECORDED FOR
7HOSE POR77ONS OF REDEVELOPMENT AREAS C", D", AND G" WITH THOSE SET FORTH IN THIS PARAGRAPH.
FOR THE PURPOSES OF N.C.G.S.
ELLEN LORSCHEIDER, DEPUTY DIRECTOR
DIVISION OF WASTE MANAGEMENT
STATE OF NORTH CAROLINA
COUNTY OF WAKE
DATE
OWNER:
275 NORTH ELM PARTNERS, LLC
909 RIDGEBROOK RD, SUITE 216
SPARKS, MD 21152
OWNER:
CITY OF HIGH POINT
P.O. BOX 230
HIGH POINT NC 27262
PRELIMINARY PLAT
Not for Recordation, Conveyance, or Sales
SHEET 2 OF 3
EXHIBIT B TO THE NOTICE OF BROWNFIELDS
PROPERTY — SURVEY PLAY
HIGH POINT MULTI -STADIUM SITE
275, 285, 301, 305 N ELM STREET
218 N. LINDSAY STREET
TAX PARCEL NOS 186812, 186814, 186835, 186838, 186830 & 186825
HIGH POINT TOWNSHIP, CITY OF HIGH POINT,
GUILFORD COUNTY, NORTH CAROLINA
PROSPECTIVE DEVELOPER: CITY OF HIGH POINT
PROPERTY OWNERS: CITY OF HIGH POINT,
275 NORTH ELM PARTNERS, LLC
BROWNFIELDS PROJECT NAME: HIGH POINT MULTI —STADIUM
BROWNFIELDS PROJECT NO: 21047-17-041
UMF, t3410 ULU FLANK KU, HIUM FUIN 1, NU 1/Zbb
SUB -SLAB VAPOR - POST -CONSTRUCTION STADIUM & TICKET BUILDING
GROUNDWATER VAPOR INTRUSION RISK
Groundwater contaminants with the potential for vapor intrusion (VI) in micrograms per
liter (the equivalent of parts per billion), the vapor intrusion screening levels for which are
contained in the Division of Waste Management (DWM) Vapor Intrusion Guidance, Residential
Vapor Intrusion Screening Levels (VISL), February 2018 version:
Groundwater
Contaminant with
Potential for Vapor
Intrusion
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/L)
Residential VI
Screening
Levels
L)
n-Butylbenzene
TW-12
11/28/2017
130 RL
NS
sec-Butylbenzene
TW-12
11/28/2017
81 RL
NS
tert-Butylbenzene
TW-12
11/28/2017
11 RL
NS
cis-1,2-
Dichloroethylene
MW-3
5/11/2016
82
NS
TW-6
11/28/2017
330
TW-7
11/28/2017
12
TW-13
I1/28/2017
0.7
trans-1,2-
Dichloroethylene
MW-3
5/11/2016
7.2
N S
TW-6
11/28/2017
15
TW-7
I1/28/2017
0.87
Eth ibenzene
TW-12
11/28/2017
280
35
Iso ro ylbenzene
TW-12
11/28/2017
270 RL
180
4-Iso ro 'toluene
TW-12
11/28/2017
110 RL
NS
Mercury
TW-I
11/28/2017
1.3
0.18
1-Methylna hthalene
TW-12
11/28/2017
35
NS
2-Meth Ina hthalene
TW-12
I1/28/2017
74
NS
Naphthalene
TW-12
11/28/2017
580 RL
35
Trichloroethylene
MW-2
5/11/2016
9.9
1
MW-3
5/11/2016
840
TW-5
11/28/2017
19
TW-6
11/28/2017
1,400
TW-7
11/28/2017
33
TW-11
11/28/2017
8.3
TW-12
11/28/2017
2.4
TW-13
11/28/2017
1.1
TW-16
12/5/2017
280
1,2,4-
Trimeth lbenzene
TW-12
11/28/201.7
67
50
Vinyl Chloride
MW-3
5/11/2016
3.1
1.5
TW-6
11/28/2017
13
' Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed for
carcinogens are for a LOE-5 lifetime incremental cancer risk.
2 NS - No screening level established.
RL - Increased RL because of the sample matrix
Bold - Concentration also exceeds Non -Residential Screening Level
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
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
m )
Residential
Screening
Level
m
Arsenic
GP-1
3
11/22/2017
1.30
0.68
GP-2
3
11/22/2017
1.50
GP-3
5
11/22/2017
4.60
GP-4
5
11/22/2017
9.10
GP-5
6
11/22/2017
1.40
GP-6
4
11/22/2017
2.90
GP-7
4
11/22/2017
3.00
GP-8
3
11/22/2017
1.50
GP-10
3
11/22/2017
1.30
GP-11
4
11/22/2017
1.70
GP-12
3
11/22/2017
0.77
GP-13
5
11/22/2017
1.60
GP-14
5
11/22/2017
1.50
GP-15
5
11/22/2017
2.70
GP-8 2
(2019)
0-2
8/14/2019
5.4
SW-2
3-4
2/22/2018
3.7
SW-3
3-4
2/22/2018
3.2
SW-4
3-4
2/22/2018
1.3
Base
4-5
2/22/2018
1.5
Benzo(a)pyrene
GP-4
10
5/5/2016
0.29J
0.11
GP-5
10
5/5/2016
0.191
GP-6
10
5/5/2016
0.15J
Benzo(g,h,i)perylene
GP-4
10
5/5/2016
0.18J
NS
GP-5
10
5/5/2016
0.15J
GP-6
10
5/5/2016
0.11.1
4-Iso ropyltoluene
GP-12
3
11/22/2017
0.9
NS
Naphthalene
GP-12
3
11/22/2017
6.3
4.1
SW-1
4-5
1/31/2018
4.32
B-1 Base
5-6
1/31/2018
7.64
Phenanthrene
GP-4
10
5/5/2016
0.49
NS
GP-5
10
5/5/2016
0.32J
Phenanthrene
GP-6
10
5/5/2016
0.95
NS
GP-7
1 10
5/5/2016
0.20J
'There are three distinct soil sample datasets identified as a GP -series, one in 2016, one in 2017, and one in
2019. Similarly, there are more than one soil sample datasets identified as a SW -series in 2018 based on the
removal of different USTs across the Brownfields Property.
ZSoil samples GP-1, GP-2, GP-9, GP-12, and Dup-3 collected in 2019 were reported as non -detects for arsenic;
however, reporting limits were elevated above the industrial PSRG of 3.0 mg/kg.
NS - No screening level established
INDOOR AIR - POff-CONSTRUCTION STADIUM &. TICKET BUILDING
Indoor air contaminants is micrograms per cubic meter, the screening levels for which
are contained in the DWM Vapor Intrusion Guidance, Non -.Residential Vapor Intrusion
Screening Levels (VISL), February 2018 version.
Indoor Air Contaminant
Sample
Location
Date of
Sampling
4.t nvwtrattion
Exceeding
Screening
Level (11g)m)
.Date of
Most
Recerit.
Sampling
Most Rectrit
Concentration
(Ftgim)
Non -
Residential
Screming
Levi°'
�3
Benzene
A -I
4/&2019
1.7
7/16J2019
<0,48
i.6
A-2[D -1
WIN2019
1112.7
1d16/20t9
1_812.7
A-5
7116J2019
3.1
7/1612019
3.1
A-231Dca -3
415/20/9
20.VI3.2
?/1612019
0_55
Chloroform
A-171Du -2
415120/9
0,9410,71
7/1&2019
10.83
0.53
1Ethyll rraette
A-1.
4/512019
893
W1612019
<1.3
4.9
A-3
4/512019
99.8
711612019
1 A
A4
4/512019
1,210
7116=19
<1.4
A-5
7116/2019
12.3
r IW2019
12.3 _
A-6
41512019
32.6
7/16/'2019
<1.4
A-7
41512019
69.4
7/I612.019
L9
A-8
VSJ2010
85.0
71l&2.019
<L4
A-9
415!2019
.853
71i6t2019
1,.7
A-10
41512019
15.2
7it6n-019
1.6
A-11
41512019
75.1
711001.9
1.5
A-12
41312019
74.8
7116/2019
2.8
A-13
41512019
89.2
7116/2019
<1.4
A-14
4/512019
87.8
7116f2019
<1.4 WLL
A-15
4/5,12019
83.6
71M6 2019
2,0
A-16
N512019
7+9.8
711faO19
1.7
A48
41512019
8.3
7/16I'2019
2.5
A-23/D -3
41512019
530/460
7/1 &2019
31.4
4-Ethyltoluene
A-1
41512019
4.3
7116a019
<3.7
NS
A-3
41512019
_
5.2
7116t2019
<3.9
A•4
415,12019
17
7116f2019
e4.0
A-5
7/16/2019
9.1
7116ao 19
9.1
A-6
41512019
5-9
7/1612019
<4.0
A-7
41512019
4.5
W16f2019
{4.0
A-8
41512019
7.0
7116/2019
<4.0
A-9
41512019
8.2
7116/2019
<4.0
A-10
4/512019
4.7
7/1602019
<4.0
A -I 1
415t2097-3-T-
1
.
W 1 &2019
5.2
A-12
4151261--9-i
4.9
711612019
<4,0
A-13
4151201.9
6.4
W fit2Qi'4
•4.0
Indoor Air Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
level (µgiro)
Date of
Most
Recent
Sampling
Most Recent
Conrttr-ation
C18/n°3}
-Nan-
Residential
Scrmning
Levell'a
3)
4-15thyltoluene,
A-14
4/5/2019
6.5
7/16/2019
<4.0
NS
A.15
4/512019
5.6
7/16/1019
4.1
A-16
4/5/2019
5.6
7/1&2019
<4.0
A-17/Dtr -2
V5/2019
6.014,5
?/IW2019
44.0
A-18
415/2019
217
7/1612019 ';
<3.9
A-20
415/2019
8.3
7/16/2019 '
<4A
DM -3 A-23
415l2019
15..5
4/512019
15.5
Naphthalene
A-10
44V2019
7.4
7/16./2019
<4.3
0.36
A-15
7116I2019
4.3
W1N2019
4=3
A-22
7116J2019
4.6
7;1W2019
4.6
Du 3 A-23
4/5/2019
4:7
4&2019
4.7
Trichloroeth lene
A-7
4/312019
1.'9
7/1612019
- <0.118
1.8
Trichlorofluoromethane
A-17
41:SJ2019
I 1,5
7/1612019
<13
NS
1,2,4-Tr mathylbenaene
A -IS
415/201.9
82.3
711612a19
,6
53
A-23
41512019
62.1
W1612019
12.5
m,p-Xylene
A-1
4/3/201.9
365
711612019
5.3
88
A-3
4/512019
429
7116/20191
5.3..
A-4
415/2019
5,490
711019
4.2
A-6
4151201.9
354
71160019
4.6
A-7
415n019
297
W I U2019
5.2
A-8
4131201.9
358
711612019
4,8
A-9
415ml9
359
711612014
6,9
A-10
415/2019
319
711612019
61
A-11
415/2019
317
71160019
4.2
A-12
415/2019
318
7116/2019
11A
A-13.
415/2019
364 ...........
W16f2tl19
4.6
A-14
4/512019
369
.
7i16J2019
5.6
A-15
41512019
349
7116/2019
8.9
A-16
4/5/2019
332
7116J2019
5,9
A-2NDi,r -3
4/5/2019
2,43012 040
7 U2019
144
o-Xyleite
A -I
4/5/2019
95A
711612019
2.0
88
`
A-3
4/5/2019
104
7116/2019
2 A
A-4
4/$.12019
� 1,3,00
7/l&2019
1.6
A-6
41512019
92.5
7116a019
I.8
A-8
4/5/2019
93.9
71161201.9
1.8
A-9
415/2019
95.7
71IN2019
2.4
A-13
4/5/2019
97.6
7116P-019
L9
Aai4
4/3/2019
98.1
7/1612019
2.(Y
A-15
4/;S/20 99
92,i
71i6tI019
3.9
Concentration Date of
Non.
Exceeding Most
Most Recent
Residential
Indoor Air Contaminant
SampleDate
of
Screening Recent
Concentration
Screening�
Location
Sampling
Level (pgl'm) Sampling
(� axa)
level t
m
o-Xylene
A-16
41512019
88A 711612019
1 2.5
NS
A-231Du .3
415/2019
6191521 7i1 N2019
rk5.3
Stx toting Iimila displayed for non-aarcinogcies art Iona hazard gaofveut equal to t1.2. Scre=ing icvels displayed
for caminopans are fors LOE 6 tifetirne invromcno.l per risk.
a Indoor air samples p weated in this table wells Wilocle+d from tlic malti-stadium space only and therefore the non-
residential. VISLs an toed for comparison pwpwes..
NS- No screening tewci established
Sub -slab vapor contaminants in micrograms per cubic meter, the screening levels for
which are contained in the DWM Vapor Intrusion Guidance, Non -Residential Vapor Intrusion
Screening Levels (VISL), February 2018 version:
Sub -Slab Vapor
Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level (µg/m3)
Non -
Residential
Screening
Limit' s
m
1,3-Dichlorobenzene
MP-1
4/5/2019
7.3
NS
MP-2
4/5/2019
11.6
MP-3
4/5/2019
11.7
MP-4
4/5/2019
7.8
MP-8
4/11/2019
5.0
MP-10
7/16/2019
3.6
MP-II/Du-3
7/16/2019
4.7/4.9
MP-13
4/5/2019
6.2
MP-16
4/5/2019
16.3
MP-17
4/5/2019
13.1
MP-18
4/5/2019
7.0
MP-19
4/5/2019
7.5
Du -1A
4/5/2019
8.6
Du -3A
4/5/2019
7.0
Dichlorotetrafluoroethane
MP-8
4/11/2019
39.0
NS
MP-12
4/11/2019
3.6
MP-14
7/17/2019
12.9
MP-I5
4/11/2019
2.4
MP-16
7/17/2019
4
MP-18
4/5/2019
3.9
Du -2A
4/11/2019
3.2
4-Ethyltoluene
MP-7
4/5/2019
20.6
NS
MP-12/Du -4
7/17/2019
5.4
MP-23
7/17/2019
6.3
Trichlorofluoromethane
MP-8
4/11/2019
4.0
NS
MP-12/Du -4
7/17/2019
3.4/5.7
MP-13
4/5/2019
10.4
MP-14
7/17/2019
7.9
MP-15
4/11/2019
42.5
MP-16
7/17/2019
4.2
Dup-2A 1
4/11/2019
2
'Screening limits displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed
for carcinogens are for a 1.0E-6 lifetime incremental cancer risk.
ZSample point MP-23 was collected from sample location MP-19 located in the ticket building.
SOIL GAS
Soil gas contaminants in micrograms per cubic meter, the screening levels for which are
contained in the DWM Vapor Intrusion Guidance, Residential Vapor Intrusion Screening Levels
(VISL), February 2018 version:
Soil Gas Contaminant
Sample
Location
Date of
Sampling
Concentration
Exceeding
Screening
Level ( m3
Residential
Screening
Level'
m3
Benzene
SG-3
8/16/2019
490
120
Dichlorotetrafluoroethane
SG-5
8/16/2019
93
NS
Ethylbenzene
SG-3
8/16/2019
710
370
4-Ethyltoluene
SG-2
8/16/2019
25
NS
SG-3
8/16/2019
200
SG-4
8/16/2019
38
Trichlorofluoromethane
up-
8/16/2019
7.5
NS
SG-5
8/16/2019
6.9
SG-1
8/16/2019
49,000
'Screening levels displayed for non -carcinogens are for a hazard quotient equal to 0.2. Screening levels displayed
for carcinogens are for a 1.0E-5 lifetime incremental cancer risk.
NS - Screening level not established for this compound
THE AREAS AND TYPES OF CONTAM/NA T/ON
DEPICTED HEREON ARE APPROX/MA TTONS
DERIVED FROM THE BEST AVAILABLE
INFORMA 77ON A T THE 7TME OF FILING. A
LISTING OF THE TECHNICAL REPORTS USED TO
PREPARE THIS PLA T IS A VAItABLE IN THE
BROWNFIELDS AGREEMENT FOR THIS PROPERTY.
OWNER: OWMR:
CITY OF HIGH POINT 275 NORTH ELM PARTNERS, LLC
P.O. BOX 230 909 RIDGEBROOK RD, SUITE 216
HIGH POINT NC 27262 SPARKS, MD 21152
PRELIMINARY PLAT
Not for Recordation, Conveyance, or Sales
SHEET 3 OF 3
EXHIBIT B TO THE NOTICE OF BROWNFIELDS
PROPERTY - SURVEY PLAY
HIGH POINT MULTI -STADIUM SITE
275, 285, 301, 305 N ELM STREET
218 N. LINDSAY STREET
TAX PARCEL NOS 186812, 186814, 186835, 186838, 186830 & 186825
HIGH POINT TOWNSHIP, CITY OF HIGH POINT,
GUILFORD COUNTY, NORTH CAROLINA
PROSPECTIVE DEVELOPER: CITY OF HIGH POINT
PROPERTY OWNERS: CITY OF HIGH POINT,
275 NORTH ELM PARTNERS, LLC
BROWNFIELDS PROJECT NAME: HIGH POINT MULTI -STADIUM
BROWNFIELDS PROJECT NO: 21047-17-041
EXHIBIT C
LEGAL DESCRIPTION
Commencing from an existing 1/2" iron pipe, said iron pipe having NAD 83 (2011)
coordinates of N: 805.577.95 and E: 1,701,160.57; being located on the western right-of-way of
North Elm Street (Public right-of-way varies per Plat Book 149, Page 64); being the northeast
corner of CEC HP, LLC, Parcel No: 186836 (Deed Book 8308, Page 345, and Plat Book 120, Page
80 — Part of New Lot 1) and being in the southern right-of-way of Appling Way (a 50' Public right-
of-way per Plat Book 200, Page 6); Thence leaving said CEC HP, LLC (Parcel No: 186836) and
along the western right-of-way of said North Elm Street, N 34°56'27" W 50.02 feet to an existing
1/2" iron pipe, said iron pipe being the southeast corner of 275 North Elm Partners, LLC, Parcel
No: 186835 (Deed Book 8214, Page 2803 and Plat Book 200, Page 6, Lot "C"), being in the
northern right-of-way of said Appling Way and being the Point of Beginning; Thence leaving said
North Elm Street western right-of-way and along said 275 North Elm Partners, LLC southern and
western property lines and said Appling Way northern right-of-way the following two (2) courses
and distances: 1) S 53°37'46" W 238.13 feet to an existing 1/2" iron pipe; 2) S 35°07'44" E 26.64
feet an existing 1/2" iron pipe; Thence leaving said 275 North Elm Partners, LLC and crossing
said Appling Way, S 35°27'27" E 58.28 feet to an existing 1/2" iron pipe, said iron pipe being
located in the southern right-of-way of said Appling Way and being a northwest corner of said
CEC HP, LLC (Parcel No: 186836); Thence along said Appling Way southern right-of-way and
along a western property line of said CEC HP, LLC (Parcel No: 186836), S 36°26'55" E 16.62
feet to an existing 1/2" iron pipe, said iron pipe being a western corner of said CEC HP, LLC
(Parcel No: 186836) and being a northeast corner of CEC HP, LLC, Parcel No: 186837 (Deed
Book 8179, Page 2240 and Plat Book 143, Page 50, Part of New Lot "A"); Thence leaving said
CEC HP, LLC (Parcel No: 186836) and along the northern property line of said CEC HP, LLC
(Parcel No: 186837) and said Appling Way southern right-of-way, S 53°22'30" W 29.04 feet to
an existing 1/2" iron pipe; Thence leaving CEC HP, LLC (Parcel No: 186837) and crossing into
said Appling Way the following three courses and distances: 1) S 53°22'30" W 80.55 feet to a
computed point; 2) S 36°35'33" E 3.43 feet to a computed point; 3) S 54°40'44" W 150.01 feet to
an existing 1/2" iron pipe, said iron pipe being a point in the intersection of said Appling Way and
Pine Street (50' Public Right-of-way per Plat Book 148, Page 116); Thence crossing the northern
right-of-way of said Pine Street and the southern right-of-way of said Appling Way, S 50'16'26"
W 50.15 feet to an existing 1/2" iron pipe, said iron pipe being the northwest corner of said Pine
Street, being located in the western right-of-way of said Appling Way and being an eastern corner
of City of High Point, Parcel No: 186830 (Deed Book 8004, Page 405 and Plat Book 200, Page 6,
Lot "H"); Thence leaving said Appling Way and along the eastern property line of said City of
High Point (Parcel No: 186830) and said Pine Street western right-of-way, S 37°48'23" E 6.14
feet to an existing 1/2" iron pipe, said iron pipe being a southern corner of said City of High Point
(Parcel No: 186830) and being the northeast corner of City of High Point, Parcel No: 186825
(Deed Book 8001, Page 2741 and Plat Book 200, Page 6, Lot "I"); Thence leaving said City of
High Point (Parcel No: 186830) and along the western right-of-way of said Pine Street and the
eastern property line of said City of High Point (Parcel No: 183825), S 37°48'23" E 133.86 feet
to an existing 1/2" iron pipe, said iron pipe being the southeast corner of said City of High Point
(Parcel No: 186825) and being the northeast corner of Piedmont Electric Repair Company, Inc.,
Parcel No: 186833 (Deed Book 2062, Page 562, Deed Book 8001, Page 2727 and Plat Book 180,
High Point Multi-Stadium/21047-17-041/150ct2020
Page 68); Thence leaving the western right-of-way of said Pine Street and along the northern
property line of said Piedmont Electric Repair Company, Inc. and the southern property lines of
said City of High Point (Parcel No: 186825 and Parcel No: 186830) the following three (3) courses
and distances: 1) S 53°59'05" W a total distance of 172.80 feet (passing through an existing 1/2"
iron pipe at 165.21 feet) to an existing 1/2" iron pipe; 2) N 37°29'45" W 2.85 feet to an existing
1/2" iron pipe; 3) S 52023'40" W a total distance of 157.84 feet (passing through an existing 1/2"
iron pipe at 7.51 feet to an existing 1/2" iron pipe at 108.13 feet, and being the southwest corner
of said City of High Point (Parcel No: 186825) to an existing 1/2" iron pipe, said iron pipe being
the northwest corner of said Piedmont Electric Repair Company, Inc., being the southwest corner
of said City of High Point (Parcel No: 186830) and being located in the eastern right-of-way of
North Lindsay Street (Public right-of-way varies); Thence leaving said Piedmont Electric Repair
Company, Inc., and along said North Lindsay Street eastern right-of-way and said City of High
Point (Parcel No: 186830) western property line the following three (3) course and distances: 1)
N 37007'24" W a total distance of 209.69 feet (passing through an existing 1/2" iron pipe at 60.78
feet, an existing 1/2" iron pipe at 99.48 feet, and an existing 1/2" iron pipe at, 49.43 feet) to an
existing 1/2" iron pipe; 2) S 52013'06" W 10.08 feet to an existing 1/2" iron pipe; 3) N 37°10'20"
W a total distance of 129.70 feet (passing through an existing right-of-way disk at 69.95 feet) to
an existing right-of-way disk, said right-of-way disk being the northwest corner of said City of
High Point (Parcel No: 186830) and being the southwest corner of Peters Holdings, LLC, Parcel
No: 186801 (Deed Book 7710, Page 2081, Deed Book 8143, Page 2055, and Plat Book 199, Page
129, Lot 1); Thence along the northern property line of said City of High Point (Parcel No: 186830)
and the southern and eastern property line of said Peters Holdings, LLC the following four (4)
courses and distances: 1) N 53°25'49" E 164.19 feet to an existing 1/2" iron pipe; 2) N 37°58' 18"
W 10.74 feet to an existing 1/2" iron pipe; 3) N 53°22'55" E 7.55 feet to an existing 1/2" iron pipe;
4) N 36°37'44" W 5.28 feet to an existing 1/2" iron pipe; said iron pipe being a southeast corner
of said Peters Holdings, LLC and being a point on the eastern property line of the City of High
Pont, Parcel No: 186812 (Deed Book 8002, Page 1766 and Plat Book 200, Page 6, Lot "D");
Thence leaving said City of High Point (Parcel No: 186830) and along the eastern property line of
said Peters Holdings, LLC and the western property line of said City of High Point (Parcel No:
186812), N 36°37'44" W 41.39 feet to an existing 1" iron pipe, said iron pipe being a point on the
eastern property line of said Peters Holdings, LLC and a point on the western property line of said
City of High Point (Parcel No: 186812) and being the southeast corner of a 15' Alley; Thence
leaving said Peters Holdings, LLC and along the eastern line of said 15" Alley and the western
property line of said City of High Point (Parcel No: 186812) the following two (2) courses and
distances: 1) N 37°45' 19" W 222.63 feet to an existing 1/2" iron pipe; 2) N 37°37'42" W 152.45
feet to an existing drill hole in the concrete, said existing drill hole being located in the southern
right-of-way of Gatewood Avenue (50' Public right-of-way, per Plat Book 2, Page 14), being the
northeast corner of said 15' Alley, and being the northwest corner of said City of High Point (Parcel
No: 186812); Thence leaving said 15' Alley and along the southern right-of-way of said Gatewood
Avenue and the northern property line of said City of High Point (Parcel No: 186812) the following
five (5) courses and distances: 1) N 54°27'56" E 165.03 feet to an existing 1/2" iron pipe; 2) N
53032'35" E 49.85 feet to an existing 1/2" iron pipe; 3) N 54°29'04" E 76.80 feet to an existing
1/2" iron pipe; 4) N 54'18'57" E 60.21 feet to an existing 1/2" iron pipe; 5) N 54°09'07" E 259.30
feet to an existing "X" mark in concrete, said "X" mark being the northeast corner of said City of
High Point (Parcel No: 186812) and the northwest corner of Goldberg Family, LLC, Parcel No:
High Point Multi-Stadium/21047-17-041/15Oct2020
186809 (Deed Book 7774, Page 1140 and Plat Book 149, Page 64, New Lot "A"); Thence leaving
said Gatewood Avenue southern right-of-way and along the western and southern property lines
of said Goldberg Family, LLC, the eastern property line of said City of High Point (Parcel No:
186812) and the northern property line of City of High Point, Parcel No: 186814 (Deed Book
8002, Page 1766, and Plat Book 200, Page 66, Lot "A") the following three (3) courses and
distances: 1) S 35°03'49" E 143.09 feet to an existing PK Nail; 2) S 35°25'53" E 13.92 feet to an
existing 1/2" iron pipe, said iron pipe being a point in the eastern property line of said City of High
Point (Parcel No: 186812) and being the northwest corner of said City of High Point (Parcel No:
186814); 3) N 59'11'46" E 126.78 feet to an existing 1/2" iron pipe, said iron pipe being located
in the western right-of-way of said North Elm Street; Thence leaving said Goldberg Family, LLC
and along the western right-of-way of said North Elm Street and the eastern property lines of said
City of High Point (Parcel No: 186814) and said 275 North Elm Partners, LLC the following six
(6) courses and distances: 1) S 37°47'44" E 38.79 feet to an existing 1/2" iron pipe; 2) S 35°04'23"
E 138.22 feet to an existing 1/2" iron pipe; 3) S 30°24'04" E 19.76 feet to an existing 1/2" iron
pipe; 4) S 30°24'04" E 52.78 feet to an existing 1/2" iron pipe, said iron pipe being the southeast
corner of said City of High Point (Parcel No: 186814); 5) N 54°41'47" E 6.28 feet to a new 1/2"
iron pipe; 6) S 35°19' 12" E 101.99 feet to the Point of Beginning, Containing 11.22± Acres.
High Point Multi-Stadium/21047-17-041/15Oct2020